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Agenda 10-02-18 The City of wr Boynton Beach y City Commission Agenda Tuesday, October 2, 2018, 6:30 PM Intracoastal Park Clubhouse, 2240 N. Federal Highway Regular City Commission Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Christina L. Romelus (District III) Commissioner Justin Katz (District 1) Commissioner Mack McCray (District 11) Commissioner Joe Casello (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Judith A. Pyle, City Clerk *MISSION* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. -to- die,,C0 C] www.boynton-beach.org Pagel of 1161 WELCOME Thank you for attending the City Commission Meeting GENERAL RULES & PROCEDURES FOR PUBLIC PARTICIPATION AT CITYOF 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 Intracoastal Park Clubhouse, 2240 N. Federal Highway, 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). Page 2 of 1161 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm- 2:30pm on the following dates: Tuesday, October 9, 2018; Tuesday, November 13, 2018; and Tuesday, December 11, 2018 B. Announce the change in the date for the regularly scheduled November 6th Commission meeting to Wednesday, November 7th. C. Announce updates to the City's Energy Edge Rebate Program by Rebecca Harvey, Sustainability Coordinator. D. Proclaim October 5, 2018 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator will accept the proclamation. E. Proclaim October 15, 2018 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Debbie Majors, Grants & ADA Coordinator will accept the Proclamation from the mayor. F. Proclaim October is Arts and Humanities month. Kim Weiss, Chair of the Arts Commission Board, will be present to accept proclamation. G. Proclaim September 15 - October 15, 2018 as Hispanic Heritage month. Patricia Trejo will be present to accept the proclamation. 4. PUBLIC AUDIENCE INDIVIDUAL SPEAKERS WILL BE LIMITED TO 3 MINUTE PRESENTATIONS (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) Page 3 of 1161 openings exist: Arts Commission: 1 Alt Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Education and Youth Advisory Bd. 1 Stu Historic Resource Preservation Bd.: 1 Reg 6. CONSENTAGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. PROPOSED RESOLUTION NO. R18-139- Authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc in the amount of $73,812 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. B. PROPOSED RESOLUTION NO. R18-140- Authorize the City Manager or designee to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Irma between the City of Boynton Beach and State of Florida, Division of Emergency Management. C. PROPOSED RESOLUTION NO. R18-141 -Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One, LLC for the International Kinetic Art Exhibit& Symposium to be held February 1-3, 2019. D. PROPOSED RESOLUTION NO. R18-142- Authorize the City Manager to sign the second amendment and second memorandum to solar lease and easement agreement. Both are between the City of Boynton Beach and Florida Power & Light Company for a perpetual easement supporting the solar tree and canopies at Ocean Front Park. E. PROPOSED RESOLUTION NO. R18-143- Authorize Mayor to sign Interlocal Agreement with Boynton Beach Community Redevelopment Agency to provide partial funding for improvements at Sara Sims Park. F. PROPOSED RESOLUTION NO. R18-144-Approve and Authorize the City Manager to sign a piggy-back Agreement with CRS Max Consultants based on its proposal from CRS Max Consultants, Inc. of Coconut Creek, FL, for Community Rating System (CRS) services by utilizing Lee County's Contract 7177 Professional Services Agreement for "Miscellaneous Professional Services for FEMA/NFI P/CRS CN150249 for a not to exceed amount of$36,000. G. Accept the transfer of Lot 13 on NW 10th Ave from the Boynton Beach Community Redevelopment Agency. H. Approve the ranking as recommended by the Selection Committee and authorize City Staff to negotiate an Agreement with EPR SYSTEMS USA, INC. of Sarasota, Florida for RFP No. 027- 2210-18/IT for RFP for Fire-Rescue Records Management System. The agreement will be brought back to the City Commission for approval once negotiated. I. Approve utilizing the City of Stuart Bid No. ITB No. 2019-100 for Chemicals for Water Treatment and Water Reclamation Facility, with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing. Tanner Industries will provide anhydrous ammonia to the Utilities Department on an "as-needed" basis, for an estimated annual expenditure of up to $40,000. Procurement has reviewed and concur that the City of Stuart bid process satisfies the City of Boynton Beach's competitive bid requirements. J. Approve the Bid for "ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 036-1412-18/MFD to the following eight (8) companies: 5 Star Enterprises, All American Poly, Clean All Products, Imperial Dade, Medline Industries, Neeld Supply, Pride Enterprises and Pyramid School Supplies on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS Page 4 of 1161 NEEDED" basis for an estimated annual expenditure of$40,000. K. Approve change orders in the amount of $23,082.25 to Johnson-Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, increasing the project cost from $2,077,317.60 to $2,100,399.85. L. Approve increasing the purchase order to Sherwin Williams Company for paint and supplies utilizing the Broward County School Board contract #18-022R from $24,500 to $30,000. Finance has reviewed and determined that Broward County School Board procurement process satisfies the City's competitive bid requirements. M. Approve the minutes from City Commission meetings held on September 6, 2018 and September 11, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. PROPOSED RESOLUTION NO. R18-145- Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$117,320.04 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor. B. PROPOSED RESOLUTION NO. R18-146- Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Downs and St. Germain Research of Tallahassee, FL for RFP No. 026-2511-18/IT for Public Opinion Survey Services. The Agreement shall be for a period of four (4) years commencing on the date the Agreement is awarded by the City Commission. The total cost over the agreement period is approximately $158,925, of which $47,925 has been included in the FY 18/19 approved budget. C. Award the Bid for "TWO YEAR CONTRACT FOR LANDSCAPE MAINTENANCE" Bid #029- 2730-18/IT to Blue Marlin Investment Company, Duval Landscape, LV Superior Landscaping, Property Works , and Vincent & Sons Landscaping. The estimated annual expenditures is $1,080,896.18 which includes the award amount of $900,896.18 and $100,000.00 for additional services for Nuisance Abatement, Median Restoration, and unforeseen requests. The bid allows for three (3), one (1) year renewals. D. Approve the purchase from Kompan Let's Play Inc utilizing the US Communities contract #2017001135 for an estimated cost of $150,000 for the Oceanfront Park playground equipment design and installation with the acceptance of the Kompan Americas matched funding grant awarded to our agency in the amount of$50,000. E. Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid No. 037-1412-18/MFD to the following three (3) companies: Core and Main, Ferguson Enterprises and Fortiline on a primary, secondary and third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of$210,000. 8. 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. A. PROPOSED ORDINANCE NO. 18-024 - FIRST READING -Approve Good Stone Townhomes annexation (ANNEX 18-001)Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-025 - FIRST READING -Approve Good Stone Townhomes Future Land Use Map Amendment (LUAR 18-002) from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) Page 5 of 1161 PROPOSED ORDINANCE NO. 18-026 - FIRST READING -Approve Good Stone Townhomes Rezoning (LUAR 18-002) from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (IPUD). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) B. Approve Good Stone Townhomes New Site Plan (NWSP 18-001) to allow construction of a multi- family residential project consisting of four (4), three-story townhomes totaling 12,180 square feet and related site improvements, located on the southeast corner of Federal Highway and Chukker Road. This request is in coordination with applications for Annexation, Future Land Use Amendment, and Rezoning. Applicant: Good Stone, LLC. (Applicant requests tabling to October 2, 2018) C. PROPOSED ORDINANCE NO. 18-027- FIRST READING -Approve Arden Park abandonment (ABAN 18-002) allowing the abandonment of the unimproved, 10.2-foot wide alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant: Michael Simon, CRA Executive Director. - (Due to advertising deadlines item tabled to October 16, 2018). D. PROPOSED ORDINANCE NO. 18-023 - SECOND READING -Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/ west from NE 1St Street, for a distance of approximately 588.02' feet, to Seacrest Boulevard. Applicant: City of Boynton Beach. (Tabled to October 2, 2018) 9. CITY MANAGER'S REPORT A. Report on the local artists participation for the Town Square project 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Vice Mayor Romelus requested the commission discuss the attached email from Susan Oyer. B. Discussion on Board Member Advocacy Ordinance C. Commission to discuss Commission Meeting that would normally be scheduled for Tuesday, January 1, 2019 and decide to either re-schedule or cancel the meeting. D. Approve the request of Commissioner Joe Casello to distribute $1,000 of his Community Support Funds to Youth Enrichment Association for Academics and Athletics (Wildcats Football). E. Approve the request of Commissioner Joe Casello to distribute $1,000 of his Community Support Funds to Florida Youth Rugby Union a non-profit organization. F. Approval of proposed settlement of litigation matter of Dennis Galindez v City of Boynton Beach and all other pending claims by this employee. 12. LEGAL A. PROPOSED RESOLUTION NO. R18-147- Authorize the Mayor to sign an Interlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach to provide water, sewer and reuse services to the Town. B. PROPOSED ORDINANCE NO. 18-017 - SECOND READING -Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates W CF within public rights-of- way. City-initiated. (TABLED FROM SEPTEMBER 11, 2018). Page 6 of 1161 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park C. Approve Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east / west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. - October 16, 2018 D. Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18- 006 / MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. - October 16, 2018 E. Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-001)from Office Commercial (OC) to Mixed Use Low(MXL). Applicant: Exsorro One, Inc. Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. - October 16, 2018 F. Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. - October 16, 2018 G. Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the maximum allowable height. Applicant: Exsorro One, Inc. - October 16, 2018 14. ADJOURNMENT NOTICE IFA PERSON DECIDES TO APPEALANY DECISION MADE BY THE CITY COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING,HUSHE WILL NEEDA RECORD OF THE PROCEEDINGSAND,FOR SUCH PURPOSE,HUSHE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDING 1S MADE,WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THEAPPEAL 1S TO BE BASED.(F.S 286.0105) THE CITY SHALL FURNISH APPROPRIATEAUXII.IARYAIDSAND SERVICES WHERE NECESSARY TO AFFORD AN INDIVIDUAL W1THA DISABILITYAN FQUAL OPPORTUNITY TO PARTICIPATE IN AND ENJOY THE BENEFITS OFA SERVICE,PROGRAM,ORACTIVITY CONDUCTED BY THE CITY.PLEASE CONTACT THE CITY CLERKS OFFICE,(561)742-6060 OR(TTY)1-800-955-8771,AT LEAST 48 HOURS PRIOR TO THE PROGRAM ORACTIVITY 1N ORDER FOR THE CITY TO REASONABLYACCOMMODATE YOUR REQUEST. ADD1TIONALAGENDA ITEMS MAY BEADDED SUBSEQUENT TO THE PUBLICATION OF THEAGENDA ON THE C1TYS WEB SITE. INFORMATION REGARDING 1TEMSADDED TO THEAGENDAAFTER IT 1S PUBLISHED ON THE C1TYS WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. Page 7 of 1161 1.A. OPENING ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Vice Mayor Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 8 of 1161 2.A. OTHER 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Informational items by Members of the City Commission EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 9 of 1161 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Announce that Palm Beach County Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information on how to file for Homestead Exemption from 1:30pm- 2:30pm on the following dates: Tuesday, October 9, 2018; Tuesday, November 13, 2018; and Tuesday, December 11, 2018 EXPLANATION OF REQUEST: PBC Property Appraisers office has offered this outreach in prior years at the Library. As a result of the move into temporary facilities the library was unable to accommodate them this year but Recreation has been able to provide them space at the Senior Center. This outreach is to provide Boynton Beach residents with information on filing Homestead Exemption and related information. PBC will have a table and staff available to answer questions from 1:30pm- 2:30pm on the following dates: Tuesday, September 11, 2018 Tuesday, October 9, 2018 Tuesday, November 13, 2018; and Tuesday, December 11, 2018 The City will also advertise this outreach on the City's website and social media outlets. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 10 of 1161 Is this a grant? No Grant Amount: Page 11 of 1161 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Announce the change in the date for the regularly scheduled November 6th Commission meeting to Wednesday, November 7th. EXPLANATION OF REQUEST: The Boynton Beach Code of Ordinances in Section 8 states, "Should any scheduled City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until he ne)d regular working day." HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? None FISCAL IMPACT: None ALTERNATIVES: Do not change the date of the meeting as indicated in the City of Boynton Beach Charter. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 12 of 1161 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Announce updates to the City's Energy Edge Rebate Program by Rebecca Harvey, Sustainability Coordinator. EXPLANATION OF REQUEST: The City's Energy Edge Rebate Program was established by the Development Department in 2014 to incentivize property owners to make energy efficient improvements. Since the program's inception, Energy Edge has provided more than $50,000 in rebates using funds collected through a Green Building Fee that is paid at the time each type of building construction permit is issued (see Ordinances No. 11-014 and 15-020). To mark National Energy Efficiency Day on October 5, 2018, the City is updating the Energy Edge program to increase its benefit for residents and businesses while helping to achieve citywide greenhouse gas emission reduction goals. The updated program provides rebates for two new categories of energy-saving improvements: • Solar photovoltaic (PV) systems: $1,500 rebate on systems 5 kW or larger with >_ 17.5% efficiency that are completed by a certified solar contractor • Electric vehicle supply equipment: 50% rebate up to $1,000 on a Level 1 or 2 system The City also raised the maximum rebate amounts provided for insulation (up to $1,000) and reflective roof materials (25% up to $1,500). For program details, please visit Boynton-Beach.org/EE. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Energy Edge Rebate Program, administered jointly by the Development Department and Sustainability Office, will be amended as described above. FISCAL IMPACT: Non-budgeted The program relies on funding from the City's Green Building Fund, which is separate from the General Fund of the City of Boynton Beach. ALTERNATIVES: Not announce updates to the City's Energy Edge Rebate Program. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes Page 13 of 1161 CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation I nitiative# EF-10: "Undertake efforts to advance energy efficiencies, energy conservation and the deployment of alternative and/or renewable energy technologies in existing and proposed developments through local ordinance, incentives, education, and energy efficiency financing strategies." Is this a grant? No Grant Amount: Page 14 of 1161 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Proclaim October 5, 2018 as Energy Efficiency Day in the City of Boynton Beach. Rebecca Harvey, Sustainability Coordinator will accept the proclamation. EXPLANATION OF REQUEST: In recognition of the annual national Energy Efficiency Day (EE Day) on October 5, 2018, the City of Boynton Beach is joining regional and national organizations, businesses, utilities, and individuals working to promote energy efficiency—the cheapest, quickest way to meet our energy needs, cut consumer bills, and reduce pollution. Learn more at www.energyefficiencyday.org HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? EE Day will raise awareness among City residents, businesses, staff, and elected officials of the importance of energy efficiency and provide an opportunity to promote the City's incentive and financing programs such as Energy Edge Rebates and Property Assessed Clean Energy (PACE). FISCAL IMPACT: Non-budgeted There is no impact to the City's budget. ALTERNATIVES: Not proclaim October 5, 2018 as Energy Efficiency Day. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Yes CLIMATE ACTION DISCUSSION: Climate Action Plan Implementation I nitiative# PO-4: "Undertake outreach efforts to advance energy efficiencies, energy conservation, improved air quality and the deployment of alternative and/or renewable energy technologies in existing and proposed structures through increased community outreach strategies and public education of energy efficiency systems, devices, practices and financing strategies." Is this a grant? Page 15 of 1161 Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 16 of 1161 Proclamation WHEREAS,energy efficiency is the art of getting the same or better performance using less energy-all while cutting utility bills for residential,business,and industrial customers;and WHEREAS, reliable affordable energy is vital to our economic prosperity and energy efficiency is the most productive and cost-effective way to meet our energy needs;and WHEREAS,implementing clean energy policies and programs helps boost economic opportunities and job creation while continuing to move toward a sustainable future;and WHEREAS,cutting energy waste saves U.S. Consumers billions of dollars on their utility bills annually,up to $500 per household from appliance efficiency standards alone;and WHEREAS,more the 2.2 million Americans work in the energy efficiency sector in local,good-paying,clean energy jobs that can't be outsourced and increasing efficiency will create more of them;and WHEREAS,residents and businesses of Boynton Beach can continue to contribute to our energy efficiency efforts by learning about participating in our Energy Edge Rebate and Property Assessed Clean Energy Financing programs, WHEREAS, together the residents of Boynton Beach can continue to contribute to our sustainability efforts by learning more about energy efficiency and practicing smarter energy use in their daily lives; NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 5th of October Two Thousand Eighteen as: ENERGY EFFICIENCY DAY IN WITNESS WHEREOF, I have hereunto se my hand and caused the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 20th day of September,Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A.Pyle,CMC City Clerk 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Proclaim October 15, 2018 as White Cane Safety Day in recognition of the growing independence and self-sufficiency of blind people in America and also, to gain recognition of the white cane as the symbol of that independence and that self-reliance. Debbie Majors, Grants &ADA Coordinator will accept the Proclamation from the mayor. EXPLANATION OF REQUEST: The City of Boynton Beach supports Lighthouse for the Blind of the Palm Beaches in its efforts to educate the public and to assist those with vision loss to be self-reliant and independent. The white cane in our society has become one of the symbols of a blind person's ability to come can go on his own. Its use has promoted courtesy and special consideration to the blind on our streets and highways. To make the public more fully aware of the meaning of the white cane and the need for motorist to exercise special care for the blind persons who carry it, Congress, by a joint resolution, approved as of October 6, 1964, and authorized President Lyndon B. Johnson to proclaim October 15 of each year as White Cane Safety Day. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane. Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capabilities. A young blind lady said, " I encounter people all of the time who bless me, extol my independence, call me brave and courageous, and thoroughly miss the boat as to what the real significance of the white cane is." By educating the public on the true meaning of the white cane, we hope to help remove any stigmas that people with vision loss experience and make Boynton Beach truly an inclusive place to live, work and play. FISCAL IMPACT: N/A ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 18 of 1161 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation - White Cane Safety Day Page 19 of 1161 Proclamation WHEREAS,the white cane,which every blind citizen of in our city has the right to carry,demonstrates and symbolizes the ability to achieve a full and independent life and the capacity to work productively in competitive employment;and WHEREAS, the white cane, by allowing every blind person to move freely and safely from place to place, makes it possible for the blind to fully participate in and contribute to our society;and WHEREAS,every citizen should be aware that the law requires that motorists exercise appropriate caution when approaching a blind person carrying a white cane;and WHEREAS, Florida law also calls upon employers, both public and private, to be aware of and utilize the employment skills of our blind citizens by recognizing their worth as individuals and their productive capacities;and WHEREAS,the City of Boynton Beach, and our business community,with the cooperative assistance of the Lighthouse for the Blind of the Palm Beaches, can look forward to a continued expansion of employment opportunities for and greater acceptance of blind persons in the competitive labor market: NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 15,h day of October Two Thousand Eighteen as: WHITE CANE SAFETY DAY in Boynton Beach and call upon our schools,colleges,and universities to offer full opportunities for training to blind persons;upon employers and the public to utilize the available skills of competent blind persons and to open new opportunities for the blind in our rapidly changing society; and upon all citizens to recognize the white cane as an instrument of safety and self-help for blind pedestrians on our streets and highways. IN WITNESS WHEREOF, I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 2nd day of October Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Proclaim October is Arts and Humanities month. Kim Weiss, Chair of the Arts Commission Board, will be present to accept proclamation. EXPLANATION OF REQUEST: Celebrate Arts and Humanities month and the support of City's Public Art Ordinance adopted in October 5, 2005. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Provide positive program support. FISCAL IMPACT: Non-budgeted none ALTERNATIVES: No proclaim October as Arts and Humanities month. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 21 of 1161 Proclamation WHEREAS, the month of October has been recognized as National Arts and Humanities Month by thousands of arts and cultural organizations,communities,and states across the country,as well as by the White House and Congress for over 30 years;and WHEREAS,the arts and humanities embody much of the accumulated wisdom,intellect,and imagination of humankind;and WHEREAS, the arts and humanities enhance and enrich the lives of every American; and play a unique role in the lives of our families,our communities,and our country;and WHEREAS,the arts industry also strengthens our economy by generating$166.3 billion in total economic activity annually and supports the full-time equivalent of 4.6 million jobs;and WHEREAS, Since October 5, 2005, the City of Boynton Beach adopted and supported its Art in Public Places Program, and through the guidance and authority of the Arts Commission, has consistently recognized the importance of this industry. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim October 2018: National Arts and Humanities Month IN WITNESS WHEREOF,I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 2nd day of October Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle City Clerk 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Proclaim September 15- October 15, 2018 as Hispanic Heritage month. Patricia Trejo will be present to accept the proclamation. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 23 of 1161 Proclamation WHEREAS, Hispanic Heritage Month begins on September 15 to celebrate the anniversary of when Nicaragua, Honduras, Costa Rica, El Salvador, and Guatemala became independent countries. They are now called Central America. WHEREAS, Hispanic Heritage Month celebrates the rich culture and historic traditions of Hispanic Americans whose roots go back to Mexico, Spain, and the Spanish-speaking nations of South America, Central America,and the Caribbean. WHEREAS,Hispanic Heritage Month highlights the achievements and contributions made by Hispanic and Latinos. WHEREAS, "The infusion of Latino History, and the representation of Latino cultures in curriculum,is vital to the academic success of students." WHEREAS,The School District of Palm Beach County"supports improvement of academic achievement for all students and ensures adherence to Florida Statute 1003.42(P)The study of Hispanic Contributions to the United States." NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim September 15 to October 15 of Two Thousand Eighteen as: HISPANIC HERITAGE MONTH IN WITNESS WHEREOF,I have hereunto set my band and cause the Seal of the City of Boynton Beach, Florida,to be affixed at Boynton Beach Florida,the 2nd day of October Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 5.A. ADMINISTRATIVE 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 1 Alt Building Board of Adjustments&Appeals: 1 Reg and 2 Alts Education and Youth Advisory Bd. 1 Stu Historic Resource Preservation Bd.: 1 Reg EXPLANATION OF REQUEST: The attached list contains the names of those who have applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Appointments are necessary to keep our Advisory Board full and operating as effectively as possible. FISCAL IMPACT: Non-budgeted None ALTERNATIVES: Allow vacancies to remain unfilled. STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 25 of 1161 ATTACHMENTS: Type Description D Other Appointments 10-2-18 D Other McGuire application Page 26 of 1161 APPOINTMENTS AND APPLICANTS FOR OCTOBER 2, 2018 Arts Commission Mayor Grant Alt 2 yr term to 12/19 Applicant Courtlandt McQuire Building Board of Adjustments and Appeals 11 McCray Alt 2 yr term to 12/18 Mayor Grant Alt 2 yr term to 12/19 Tabled (2) 1 Katz Reg 3 yr term to 12/18 Tabled(2) Applicants None Education and Youth Advisory Board I Katz Stu 2 yr term to 12/18 Applicants None Historic Resource Preservation Board IV Casello Reg 2 yr term to 12/20 Tabled (2) Applicant None Page 27 of 1161 Ellis, Shiiii1layla From: court <noreply@123formbuilder.io> Sent: Monday, September 24, 2018 9:15 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 09/24/2018 Name Courtlandt McQuire Gender Male Phone number 954-465-4369 Address 719 SW 27th Place Boynton Beach FL 33435 United States Email court@redbaradv.com Current occupation or, if Creative Director at RedBarAdv.com retired, prior occupation Education BA Visual Communications, University of Kansas Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a Yes business within City limits? If"yes", name of business: RedBarAdv.com p � . ° e.. Are you currently serving No � on a City board? Have you served on a City No board in the past? =4> If"yes",which board(s) and when? ; Have you ever been No @ convicted of a crime? If"yes",when and where? ° Advisory Board Arts Commission Personal Qualifications - Large-format painter X - Computer Artist - Former Brickell Gallerist - Former President of the Largest Advertising Agency in Palm Beach County - Currently CEO and Creative Director at -Advertising Agency in Boynton Beach Page 28 of 1161 Creative Copywriter - Director and Producer of Video Content - Social Media Content Propagator - Skilled Social Media and Google Ad Planner Professional Memberships - Licensed Foster Parent in PBC British Cars Association of the Palm Beaches Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.0.39.183 (United States)at 2018-09-24 08:15:05 on Chrome 68.0.3440.106 Entry ID:291 Referrer:www.boynton-beach.org/boards-and-committees Form Host:www.123formbuilder.com,/form-583214LAdvisoryiBoard Appointment-Appiicatian 2 Page 29 of 1161 6.A. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-139-Authorize the City Manager to sign an annual service agreement with Queues Enforth Development, Inc in the amount of $73,812 for the continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records Management System as a sole source vendor. EXPLANATION OF REQUEST: Service Agreement: November 1, 2018 - October 31, 2019 The City maintains a Computer Aided Dispatch/Records Management System that provides the Police and Fire Departments with the ability to receive, track, and dispatch calls for service from citizens. This system also serves as the Police Records Management System. The City has had an nineteen (19) year relationship with Queues Enforth Development and this request is for an annual maintenance agreement for the maintenance, repair, and annual upgrades of the e)asting software. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that calls are received and proper Police and Fire resources are dispatched in the most efficient manner possible. This also ensures that all police records are managed from beginning of incident to ongoing case management to ultimate disposition of case. FISCAL IMPACT: Budgeted Budgeted Funds have been included in the FY 2018/2019 Proposed Budget in line items 001-211-521.46-91 in the amount of$65,812 and 001-2210-522.49-17 in the amount of$8,000. ALTERNATIVES: Computer Aided Dispatch/Records Management are mission critical to the Public Safety Function. The maintenance contract is required to insure continued operations of the system. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 30 of 1161 CONTRACTS VENDOR NAME: Queues Enforth Development START DATE: 11/1/2017 END DATE: 10/31/2018 CONTRACT VALUE: $71,664.00 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution approving Annual Service Agreement with Queues nforth Development D Agreement 2018 Maintenance Renewal D Agreement Agreement for RMS Maintenance with Queues E nforth D Sole Source Letter 2018 Sole Source Letter D Contract Original Maintenance Contract Page 31 of 1161 I RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN 5 AN ANNUAL SERVICE AGREEMENT WITH QUEUES ENFORTH 6 DEVELOPMENT, INC., IN THE AMOUNT OF $73,812.00 FOR THE 7 CONTINUED MAINTENANCE AND REPAIR OF THE PUBLIC 8 SAFETY COMPUTER AIDED DISPATCH/RECORDS 9 MANAGEMENT SYSTEM AS A SOLE SOURCE VENDOR; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the City maintains a Computer Aided Dispatch/Records Management 14 System that provides the Police and Fire Departments with the ability to receive, track and 15 dispatch calls for service from citizens; and 16 WHEREAS, the system also services as the Police Records Management System; and 17 WHEREAS, the City has had an nineteen (19) year relationship with Queues Enforth 18 Development and this request is for the annual maintenance agreement for the maintenance, 19 repair and annual upgrades of the existing software; and 20 WHEREAS, the City Commission of the City of Boynton Beach, upon the 21 recommendation of staff, deems it in the best interest of the citizens and residents of the City 22 of Boynton Beach to approve and authorize the City Manager to sign an annual service 23 agreement with Queues Enforth Development, Inc., in the amount of $73,812.00 for the 24 continued maintenance and repair of the Public Safety Computer Aided Dispatch/Records 25 Management System as a sole source vendor. 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 29 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 30 Section 2. The City Commission of the City of Boynton Beach hereby approves C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C1D45C7A-5CF1-4BBB-92E8-EDB67BBB284C\Boynton Beach.12637.1.Queues_Enforth Agreement(2018)_-_Reso.docx Page 32 of 1161 31 and authorizes the City Manager to sign an annual service agreement with Queues Enforth 32 Development, Inc., in the amount of$73,812.00 for the continued maintenance and repair of 33 the Public Safety Computer Aided Dispatch/Records Management System as a sole source 34 vendor, a copy of which is attached hereto as Exhibit"A". 35 Section 3. That this Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this day of , 2018. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor— Steven B. Grant 42 43 Vice Mayor— Christina L. Romelus 44 45 Commissioner—Mack McCray 46 47 Commissioner—Justin Katz 48 49 Commissioner—Joe Casello 50 51 52 VOTE 53 ATTEST: 54 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 62 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\C1D45C7A-5CF1-4BBB-92E8-EDB67BBB284C\Boynton Beach.12637.1.Queues_Enforth Agreement(2018)_-_Reso.docx Page 33 of 1161 QUEUES ENFORTH DEVELOPMENT, INC. David D. Varney,President&Chief Executive Officer James A.McClure, Chief Technology Officer John F. Olson,Executive Vice President Dustin Latham, CFO Wednesday, September 12,2018 Doug Solomon Boynton Beach Police Department 100 Boynton Beach Blvd Boynton Beach,FL 33435 Re: Software Maintenance Contract Dear Doug: Pursuant to Section 2(c)of the Software Maintenance Agreement dated November 1,2017 between Queues Enforth Development, Inc. and The City of Boynton Beach,I am pleased to confirm Q.E.D.'s current standard fees and rates,which are set forth in the enclosed Renewal Agreements. If the City wishes to renew the Contract on these terms,please have both copies of the Renewal Agreement signed by an appropriate City Official and return one of them to me by October 31,2018. If you should have any questions,please contact me at(781)870-1122. Sincerely, _ez-mac Dustin Latham CFO Enclosures: Renewal Agreement(2) 92 Montvale Ave, Suite 4350, Stoneham,Massachusetts 02180 Phone: 781-870-1100 1 Fax: 781-870-1199 1 Web: http://www.ged.com Page 34 of 1161 ( ED 411 oel, QUEUES ENFORTH DEVELOPMENT, INC. David D. Varney,President&Chief Executive Officer James A.McClure, Chief Technology Officer John F. Olson,Executive Vice President Dustin Latham, CFO SOFTWARE MAINTENANCE CONTRACT RENEWAL AGREEMENT This agreement sets forth the terms and conditions under which Queues Enforth Development,Inc. ("Q.E.D.")and The City of Boynton Beach(the"Client")agree to renew the Software Maintenance Agreement dated November 1,2017,pursuant to Section 2(c)of that Agreement. Renewal Term: November 1, 2018 To October 31, 2019 Pricing: Software Maintenance for the above term: $ 73,812.00 Consultation Services,if any: $ 200.00 per hour plus expenses Training Services,if any $ 200.00 per hour plus expenses Other Terms: All other terms and conditions of the Agreement dated November 1, 2017 are incorporated by reference. Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. In witness thereof,Q.E.D. and the Client have caused this Renewal Agreement to be executed effective as of November 1, 2018 Q.E.D. Queues Enforth Development,Inc. By: -Z2datWTL-1 Dustin Latham CFO For the Client: THE CITY OF BOYNTON BEACH By: Title: 92 Montvale Ave, Suite 4350, Stoneham,Massachusetts 02180 Phone: 781-870-1100 1 Fax: 781-870-1199 1 Web: http://www.ged.com Page 35 of 1161 ( ED 411 oel, QUEUES ENFORTH DEVELOPMENT, INC. David D. Varney,President&Chief Executive Officer James A.McClure, Chief Technology Officer John F. Olson,Executive Vice President Dustin Latham, CFO SOFTWARE MAINTENANCE CONTRACT RENEWAL AGREEMENT This agreement sets forth the terms and conditions under which Queues Enforth Development,Inc. ("Q.E.D.")and The City of Boynton Beach(the"Client")agree to renew the Software Maintenance Agreement dated November 1,2017,pursuant to Section 2(c)of that Agreement. Renewal Term: November 1, 2018 To October 31, 2019 Pricing: Software Maintenance for the above term: $ 73,812.00 Consultation Services,if any: $ 200.00 per hour plus expenses Training Services,if any $ 200.00 per hour plus expenses Other Terms: All other terms and conditions of the Agreement dated November 1, 2017 are incorporated by reference. Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. In witness thereof,Q.E.D. and the Client have caused this Renewal Agreement to be executed effective as of November 1, 2018 Q.E.D. Queues Enforth Development,Inc. By: -_.!i.L?.�!l�tr dzitwn—1 Dustin Latham CFO For the Client: THE CITY OF BOYNTON BEACH By: Title: 92 Montvale Ave, Suite 4350, Stoneham,Massachusetts 02180 Phone: 781-870-1100 1 Fax: 781-870-1199 1 Web: http://www.ged.com Page 36 of 1161 Agreement Between QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH FOR SOFTWARE MAINTENANCE AGREEMENT entered into on November 1, 2018 by and between QUEUES ENFORTH DEVELOPMENT, INC. ("Q.E.D."), a Massachusetts corporation with its principal place of business at 92 Montvale Ave, Suite 4350, Stoneham,MA 02180,and THE CITY OF BOYNTON BEACH,the undersigned Q.E.D. client(the "Client"). THIS AGREEMENT sets forth the terms and conditions under which Q.E.D. agrees to provide support services to the Client in connection with the computer software licensed by Q.E.D. to the Client. 1. DEFINITIONS a) The term "System" means the programmable on-line computer system furnished, delivered and installed by Q.E.D. pursuant to the Agreement between Q.E.D. and the Client specified on Exhibit A attached hereto (the "System Agreement"). b) The term "Licensed Software" means all software licensed to the Client pursuant to the System Agreement, as set forth on Exhibit B attached hereto. c) The term "Confidential Information" means the Licensed Software and any other information, data or oral information subsequently reduced to written form,received by one party from the other and clearly identified by the disclosing party in writing as confidential. d) The term "Modifications" means any revisions of the Licensed Software which Q.E.D. may incorporate in the standard version of the Licensed Software and which do not materially improve or expand the functionality of the Licensed Software. e) The term "Enhancements" means revisions of or additions to the Licensed Software which Q.E.D. may develop or acquire and which either (i) Q.E.D. chooses not to incorporate in the standard version of the Licensed Software or(ii)improve or expand the functionality of the Licensed Software. I) The term "Installation" means that Q.E.D. has installed the System and determined that the System is operative. g) The term "Maintenance" means Q.E.D.'s provision of the support services described in Section 3, commencing after acceptance of the System by the Client or at such time as is otherwise specified in the System Agreement, and continuing for the term specified on Exhibit C as such term may be extended in accordance with the provisions of Section 3(d). 2. CHARGES AND PAYMENTS a) The Client agrees to pay to Q.E.D. the fees specified on Exhibit C attached hereto, as the same may be amended from time to time, including the fee specified for the initial term of Maintenance. The fee for any subsequent annual term of Maintenance shall be billed by Q.E.D. to the Client at least thirty (30) days prior to the end of the then current term. b) The support services under Section 3(a) will be provided to the Client at no additional charge. Services rendered by Q.E.D. which are not part of the services Q.E.D. has agreed to perform free of additional charge in Section 3(a) will be charged to the Client, during the initial term, at Q.E.D.'s standard rates set forth in Exhibit C. c) Fees and rates for subsequent periods shall be at Q.E.D.'s standard rates, all of which shall be in a written amendment executed by Q.E.D. and the Client. d) In addition to the charges payable pursuant to this Section 2, unless exempt therefrom, the Client shall pay any and all import duties, levies or imposts and all sales, use, value-added and other taxes of any nature Page 37 of 1161 assessed upon or with respect to such payments under this Agreement, exclusive, however, of taxes based on Q.E.D.'s net income. e) Except as otherwise specified herein, all invoices rendered under this Agreement are due and payable within thirty (30) days of the date of invoice. All invoices (other than for the prepayment of the annual fee for Maintenance)not paid within thirty (30)days from when due shall be subject to a monthly interest charge of one and one-half percent (1 1/2%) per month on the unpaid balance. The failure of the Client to pay the annual fees for Maintenance after written notification shall result in the complete termination of any continuing obligation of Q.E.D. to provide Maintenance to the Client. f) Subsequent to the initial year of the term of this Agreement, if funds sufficient to support continued performance are not appropriated or otherwise made available, Client shall terminate this agreement as provided in G.L. c. 30B,Paragraph 12. 3. SYSTEM MAINTENANCE AND ADDITIONAL SUPPORT SERVICES a) Q.E.D. will provide the Client the following maintenance services provided the Client has made all payments due Q.E.D. and has fulfilled all of its requirements under this Agreement and under the System Agreement: i) Q.E.D. agrees to provide maintenance services to attempt to correct any error or defect reported by the Client and determined by Q.E.D. to be in the Licensed Software. Such services shall be provided during normal business hours, which are 8:30 a.m. through 5:00 p.m., Monday through Friday, except holidays, and in the most expeditious manner reasonably possible and at no additional cost to the Client. In order to expedite such maintenance services, Q.E.D. shall provide 24 hour call-in capability. In no event shall Q.E.D. have any responsibility (1)to correct any data errors or any errors or damage caused by or arising out of input errors or resulting from changes to the Licensed Software made by the Client, or (2) to modify existing software to accommodate input changes by other systems that pass data to the QED systems, or (3)performing any services specifically excluded specified on Exhibit G attached hereto, or (4)with respect to any data loss or corruption due to any software malfunction or hardware problems or failures. Upon notifying Q.E.D. of an alleged error in the Licensed Software, the Client shall give Q.E.D. access to its computer equipment, the Licensed Software and all relevant records, and shall assist Q.E.D. in substantiating the existence of the alleged error. ii) From time to time and at its sole discretion, Q.E.D. may make Modifications and Enhancements available to the Client for purchase at Q.E.D.'s then published license fee with respect thereto, provided that the client is not then in default with respect to any of its obligations to Q.E.D. The terms on which the Client acquires any such Modification or Enhancement, including the terms on which Q.E.D. will provide Maintenance with respect to the Modification or Enhancement acquired, will be set forth in an amendment to the Agreement executed by both Q.E.D. and the Client. The Client is under no obligation to acquire any Modification or Enhancement, with the exception that the Client must allow Q.E.D. to install all Modifications which are being provided by Q.E.D. at no cost to the client. The Client will provide Q.E.D. with access to its system to permit installation of each no-cost Modification within 45 days after notification by Q.E.D. of its intention to install the Modification. The failure of the client to allow Q.E.D. to install any no-cost Modification will relieve Q.E.D. of any further Maintenance obligations with respect to the Licensed Software. All Modifications and Enhancements acquired by the Client,whether for a fee or at no cost, shall become part of the Licensed Software for all purposes of this Agreement. iii) Q.E.D. shall provide up to six 6 hours per month of telephone consultation with respect to the System during Q.E.D.'s normal business hours. This technical assistance and consultation is designed to train and help the System Manager(s) operate the system more effectively. These consultation hours, if not used, cannot be carried forward or accumulated month to month. b) Q.E.D. will provide consultation and additional training and undertake special programming projects on a time-available basis at Q.E.D.'s rates specified in Exhibit C. Any software resulting from a special programming project undertaken by Q.E.D. at the Client's request shall become part of the Licensed Software for all purposes of this Agreement and the System Agreement. c) Q.E.D. will not be required to provide support for installations of the Licensed Software which have not installed within forty-five (45) days of its release the then current Q.E.D. supported version of the Licensed THE CITY OF BOYNTON BEACH Maintenance Agreement PagPia 238 0f 116 1 Software. Similarly, Q.E.D. will not be required to provide support if the Licensed Software has been modified by anyone other than Q.E.D. but will consider doing so in accordance with the terms and conditions specified in Section 6. d) Maintenance shall be renewed for up to two additional one year terms at the option of the Client, communicated to Q.E.D.not less than 30 days prior to the start of the then current annual term. e) The Client shall at all times have at each site at which the System is installed a System Manager who is acceptable to Q.E.D. in Q.E.D.'s discretion and who has been certified by Q.E.D. as properly trained. All communications by the Client with Q.E.D. must only be made by such System Manager or by designated alternates also acceptable to Q.E.D. in its discretion. The initial System Manager is identified on Exhibit D attached hereto. Training for replacement System Managers will be provided at Q.E.D.'s then applicable rates. The rate during the initial period is listed in Exhibit C; subsequent period rates shall be at Q.E.D.'s standard published rates which will be reflected in a written amendment to be executed by Q.E.D. and the Client. f) The Client must at all times while this Agreement remains in effect,provide and maintain in good operating conditions the communication equipment and facilities necessary for Q.E.D. to achieve remote access to the System for purposes of remote diagnostics and error correction. g) The Client shall perform the routine System maintenance specified on Exhibit E attached hereto for so long as this Agreement remains in effect. Q.E.D. shall be relieved of all of its obligations hereunder in the event that the Client fails to perform such routine maintenance. h) Q.E.D. will provide Hardware (as that term is defined in the System Agreement)maintenance in accordance with the terms and conditions set forth in the maintenance contract(s) attached hereto as Exhibit F. The Client agrees that it will not upgrade, modify, replace or otherwise alter, or attach devices to, the Hardware without the prior written consent of Q.E.D. 4. PROTECTION OF CONFIDENTIAL INFORMATION a) The Client acknowledges that the System constitutes trade secrets and Confidential Information of Q.E.D. b) During the course of this Agreement, Q.E.D. and the Client will disclose certain Confidential Information to each other,including without limitation in the case of Q.E.D.,information specifically relating to the System. c) The Client agrees not to sell, assign or distribute the System or any part thereof to any other person, firm or corporation and shall use reasonable efforts to confine knowledge and access to the System only to its employees who require such knowledge and access in the ordinary course and scope of their employment by the Client. d) Any information disclosed by one party (disclosing party) to the other (receiving party)which the disclosing party considers confidential shall be: (i) outlined in writing and marked "Confidential" by the disclosing party; (ii)treated as Confidential Information of the disclosing party; (iii) used by the receiving party for no purpose other than as provided in this Agreement; and, (iv)treated in a manner such that the receiving party shall take all reasonable precautions to prevent the disclosure thereof to any third party including such precautions said receiving party takes for protection of its own Confidential Information. The obligations set forth in this Section 4(d) shall not apply, however, to any information which: (i)is already in the possession of the public or becomes available to the public through no breach of this Agreement by the receiving party; (ii) was in the receiving party's possession prior to receipt from the disclosing party, or (iii) is received independently from a third party free to disclose such information to the receiving party. e) All Confidential Information furnished by one party to the other shall remain the property of the disclosing party. f) Both parties represent that they have the right to disclose the information disclosed under the terms of this Agreement. g) This Agreement shall govern all Confidential Information exchanged between the parties including all information exchanged prior to the effective date of this Agreement. THE CITY OF BOYNTON BEACH Maintenance Agreement PagPa 239 0f 116 1 h) Q.E.D. retains the right to seek copyright protection for the Licensed Software or any copyrightable material. The Client shall not remove any copyright or proprietary rights notice included in any materials furnished to the Client in connection with this Agreement or the System Agreement. i) The Client shall not, unless specifically authorized under this Agreement or except for ordinary and necessary backup purposes, use, make, or have made any more copies of the Licensed Software or any part thereof than are delivered by Q.E.D.for the Client's use hereunder. 5. LIMITATION OF LIABILITY In no event shall Q.E.D. be liable for any damages whatsoever caused by the Client's failure to perform its responsibilities or for lost profits,incidental, consequential, or special damages with respect to the System and its use by the Client or this Agreement even if Q.E.D. has been advised of the possibility of such damages. 6. ALTERATION BY CLIENT Any attempts by the Client to alter the System shall be at the Client's sole risk and expense, and in no event shall Q.E.D. have any obligation to support or maintain any alteration which is not distributed by Q.E.D. and made a part of the Licensed Software. Q.E.D. will consider providing support with respect to Licensed Software which has been so altered,for an additional mutually acceptable fee, but only if the Client grants to Q.E.D. a perpetual, royalty-free license to market the altered version of the Licensed Software. Q.E.D. shall not be responsible in any regard and shall incur no liability for System failures or any nonconformance to System documentation which occur as a result of any alteration so made by the Client and for which Q.E.D. has not agreed to provide support and maintenance, and the Client assumes full responsibility for any liability arising from such alterations. It is also specifically understood by the Client that by altering the Licensed Software, subsequent Modifications or Enhancements of the Licensed Software and related documentation may be rendered unusable. 7. TERMINATION a) Q.E.D. may terminate this Agreement if Q.E.D. gives written notice to the Client specifying the Client's failure to make payment when due and the Client fails to make such payment within ten (10) days after the effective date of such notice. b) Either party may terminate this Agreement if the other party fails or defaults in the performance of any of its material obligations under this Agreement (other than failure by the Client to make any payment when due) and fails to cure or commence to cure such failure or default within thirty (30) days following the effective date of written notice. c) Either party may also terminate this Agreement by written notice to the other, effective immediately upon its having been given, if the other party shall file a petition in bankruptcy, shall be adjudicated a bankrupt, shall take advantage of the insolvency laws of any state, territory or country, shall make an assignment for the benefit of creditors, shall be voluntarily or involuntarily dissolved, shall admit in writing its inability to pay debts as they come due,or shall have a receiver,trustee or other court officer appointed for its property. d) Termination of this Agreement does not relieve either party of obligations to make any payments or perform any services due prior to the date of termination. e) Pursuit of any remedy hereunder or under applicable law by either party shall not prevent such party from pursuing any other available remedy and shall not operate as an election of remedies. f) Each party's obligation to protect the confidential nature of the System and other Confidential Information under Section 4 shall survive any termination or expiration of this Agreement indefinitely. 8. MISCELLANEOUS a) The parties agree that this Agreement and the System Agreement, including any Exhibits hereto and thereto, and any submissions or proposals referred to in any of those Exhibits, constitute the entire agreement between the parties in connection with the System and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. There are no warranties,representations THE CITY OF BOYNTON BEACH Maintenance Agreement PagPl?40 0f 116 1 and/or agreements between the parties in connection with the System, except as specifically set forth or referred to in this Agreement or in the System Agreement. b) The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgment even though Q.E.D. may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. c) Any notice or other communication required or permitted hereunder shall be given in writing to the other party at the address specified herein, or at such other address as shall have been given by either party to the other in writing pursuant to this Agreement. Such notice shall be deemed to have been given when sent by certified or registered United States mail. d) This Agreement shall be subject to and interpreted in accordance with the laws of the Commonwealth of Massachusetts. e) If any provision of this Agreement or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement, and all other applications of such provisions, shall continue in full force and effect. f) All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns and legal representatives, except that neither party may assign this Agreement or any right granted hereunder,in whole or in part,without the other's prior written consent. g) Neither Q.E.D. nor the Client shall be liable for any damages or penalty for delay in performance of its obligations hereunder or for failure to give notice of delay when such delay is due to the elements, acts of God,delay in transportation or any other causes beyond the reasonable control of Q.E.D. or the Client. h) By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135,Florida Statutes,as amended from time to time. IN WITNESS WHEREOF, Q.E.D. and the Client have caused this Agreement to be executed effective as of November 1,2018. Q.E.D.: QUEUES ENFORTH DEVELOPMENT,INC. By: a— af- g Sep 25. 2018 David Varney Date President For the Client: THE CITY OF BOYNTON BEACH By: Name: Date Title: THE CITY OF BOYNTON BEACH Maintenance Agreement PagP-b ?4 1 Of 1161 EXHIBIT A TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH SYSTEM AGREEMENT Agreement between THE CITY OF BOYNTON BEACH and QUEUES ENFORTH DEVELOPMENT,INC.for a Public Safety software system. THE CITY OF BOYNTON BEACH Maintenance Agreement PagP��l?42 0f 116 1 EXHIBIT B TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH LICENSED SOFTWARE This maintenance agreement covers computer software created by Queues Enforth Development,Inc. and licensed by the customer. It does not cover hardware products;the company that manufactured the hardware provides a warranty and perhaps a maintenance program that can be purchased directly from the manufacturer. THE CITY OF BOYNTON BEACH Maintenance Agreement Pagp'� i?43 0f 116 1 EXHIBIT C TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH FEE SCHEDULE Fees for Term of Maintenance Initial Term: November 1,2018—October 30,2019 Software Maintenance: $ 73,812.00 Standard Rate Schedule Consultation: Consulting Rate 5200 per hour plus expenses Training: Training Rate 5200 per hour plus expenses Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. THE CITY OF BOYNTON BEACH Maintenance Agreement PagP'��l?44 0f 116 1 EXHIBIT D TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH DESIGNATED SYSTEM MANAGERS) NAME/ADDRESS CONTACT INFORMATION Douglas Solomon (561)742-7161 solomondp_d.boynton-beach.fl.us THE CITY OF BOYNTON BEACH Maintenance Agreement PagPa�l?455 0f 116 1 EXHIBIT E TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH ROUTINE MAINTENANCE TO BE PERFORMED BY CLIENT MAINTENANCE ACTIVITY FREQUENCY Required Backup of QED Licensed Software At least every 14 days, Software and within 1 day of maintenance work done on the system by a QED Employee, and upon request by a QED employee. Record any Error Message which will On going be Referred to in a Maintenance Call. Record any maintenance calls in the Online problem reporting system known As Acuity Medic On going Recommended Backup&Verification of Client Data On going Update Backup Log After every backup Update Local Service Log After every service call Maintain Console Printer On going Reboot System At least every two (2)weeks Protect Root Password On going THE CITY OF BOYNTON BEACH Maintenance Agreement Pagp1� W63 Of 1161 EXHIBIT F TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH HARDWARE MAINTENANCE (Not Applicable) THE CITY OF BOYNTON BEACH Maintenance Agreement PagphO W7 Of 1161 EXHIBIT G TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH SERVICES SPECIFICALLY EXCLUDED FROM COVERAGE UNDER THIS AGREEMENT 1. Transferring Acuity system software, Informix database software and agency data from old computer hardware to new computer hardware. All such work will be performed at a standard rate. Please contact Q.E.D. for a specific proposal to accomplish this work. 2. Modifications to Acuity data acceptance programs that have failed to work because a third-party has changed the format of the data being provided. As an example, if the Acuity CAD system stops properly accepting data from an E911 switch because the 911 vendor changed the 911 output format, or a new 911 vendor formats the data differently, it is the responsibility of the 911 vendor to provide the data in the original format. If the new vendor cannot provide the data in the original format you should contact QED for a proposal to make changes to the Acuity CAD system to accommodate the new third party format. THE CITY OF BOYNTON BEACH Maintenance Agreement Pagel 14?8 of 1161 QUEUES ENFORTH DEVELOPMENT, INC. David D.Varney,President&Chief Executive Officer James A.McClure, Chief Technology Officer John F.Olson,Executive Vice President Dustin Latham, CFO September 12,2018 Purchasing Director City of Boynton Beach c/o Douglas Solomon Boynton Beach Police Department 100 Boynton Beach Blvd. Boynton Beach,FL 33435 Dear Director: This letter is written in regard to the renewal of the annual maintenance for the software used by the police department for computer-aided dispatch and police records management and associated interfaces and modifications. The Police Department wishes to procure ongoing maintenance and update services that utilizes the proprietary data structures,data maps and source code which was created by Q.E.D. The associated software and configuration was developed completely at the expense of Queues Enforth Development,Inc. and is licensed for use by the Boynton Beach Police Department. All the software and source code is proprietary to Q.E.D.,Inc. There are no other authorized providers of these services and they are only available through Queues Enforth Development,Inc. If you have any questions concerning the availability of this software,please contact David Varney at 781- 870-1127. Sincerely, Dustin Latham CFO Q.E.D.,Inc. DLathain@QED.com Phone: (781)870-1122 92 Montvale Ave,Suite 4350,Stoneham,MA 02180 Phone:781-870-1100 Fax:781-870-1199 Web:htt ://wwwed.com Page 49 of 1161 41 AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH FOR SOFTWARE MAINTENANCE AGREEMENT entered into on November 1, 2000 by and between QUEUES ENFORTH DEVELOPMENT, INC. ("Q.E.D."), a Massachusetts corporation with its principal place of business at 432 Columbia Street, Cambridge, Massachusetts 02141,and THE CITY OF BOYNTON BEACH,the undersigned Q.E.D. client(the "Client"). THIS AGREEMENT sets forth the terms and conditions under which Q.E.D. agrees to provide support services to the Client in connection with the computer software licensed by Q.E.D.to the Client. 1. DEFINITIONS a) The term "System" means the programmable on-line computer system furnished, delivered and installed by Q.E.D. pursuant to the Agreement between Q.E.D. and the Client specified on Exhibit A attached hereto(the "System Agreement"). b) The term "Licensed Software" means all software licensed to the Client pursuant to the System Agreement, as set forth on Exhibit B attached hereto. c) The term "Confidential Information" means the Licensed Software and any other information, data or oral information subsequently reduced to written form, received by one party from the other and clearly identified by the disclosing party in writing as confidential. d) The term "Modifications" means any revisions of the Licensed Software which Q.E.D. may incorporate in the standard version of the Licensed Software and which do not materially improve or expand the functionality of the Licensed Software. e) The term "Enhancements" means revisions of or additions to the Licensed Software which Q.E.D. may develop or acquire and which either (i) Q.E.D. chooses not to incorporate in the standard version of the Licensed Software or(ii) improve or expand the functionality of the Licensed Software. f) The term "Installation" means that Q.E.D. has installed the System and determined that the System is operative. g) The term "Maintenance" means Q.E.D.'s provision of the support services described in Section 3, commencing after acceptance of the System by the Client or at such time as is otherwise specified in the System Agreement, and continuing for the term specified on Exhibit C as such term may be extended in accordance with the provisions of Section 3(d). 2. CHARGES AND PAYMENTS a) The Client agrees to pay to Q.E.D. the fees specified on Exhibit C attached hereto, as the same may be amended from time to time, including the fee specified for the initial term of Maintenance. The fee for any subsequent annual term of Maintenance shall be billed by Q.E.D. to the Client at least thirty (30) days prior to the end of the then current term. b) The support services under Section 3(a) will be provided to the Client at no additional charge. Services rendered by Q.E.D. which are not part of the services Q.E.D. has agreed to perform free of additional charge in Section 3(a) will be charged to the Client, during the initial term, at Q.E.D.'s standard rates set forth in Exhibit C. c) Fees and rates for subsequent periods shall be at Q.E.D.'s standard rates, all of which shall be in a written amendment executed by Q.E.D. and the Client. Page 50 of 1161 d) In addition to the charges payable pursuant to this Section 2, unless exempt therefrom, the Client shall pay any and all import duties, levies or imposts and all sales, use, value-added and other taxes of any nature assessed upon or with respect to such payments under this Agreement, exclusive,however, of taxes based on Q.E.D.'s net income. e) Except as otherwise specified herein, all invoices rendered under this Agreement are due and payable within thirty (30) days of the date of invoice. All invoices (other than for the prepayment of the annual fee for Maintenance)not paid within thirty(30) days from when due shall be subject to a monthly interest charge of one and one-half percent (1 1/2%) per month on the unpaid balance. The failure of the Client to pay the annual fees for Maintenance after written notification shall result in the complete termination of any continuing obligation of Q.E.D. to provide Maintenance to the Client. f) Subsequent to the initial year of the term of this Agreement, if funds sufficient to support continued performance are not appropriated or otherwise made available, Client shall terminate this agreement as provided in G.L. c. 30B, Paragraph 12. 3. SYSTEM MAINTENANCE AND ADDITIONAL SUPPORT SERVICES a) Q.E.D. will provide the Client the following maintenance services provided the Client has made all payments due Q.E.D. and has fulfilled all of its requirements under this Agreement and under the System Agreement: i) Q.E.D. agrees to provide maintenance services to attempt to correct any error or defect reported by the Client and determined by Q.E.D. to be in the Licensed Software. Such services shall be provided during normal business hours, which are 8:30 a.m. through 5:30 p.m., Monday through Friday, except holidays, and in the most expeditious manner reasonably possible and at no additional cost to the Client. In order to expedite such maintenance services, Q.E.D. shall provide 24 hour call-in capability. In no event shall Q.E.D. have any responsibility(1)to correct any data errors or any errors or damage caused by or arising out of input errors or resulting from changes to the Licensed Software made by the Client, or (2) with respect to any data loss or corruption due to any software malfunction or hardware problems or failures. Upon notifying Q.E.D. of an alleged error in the Licensed Software, the Client shall give Q.E.D. access to its computer equipment, the Licensed Software and all relevant records, and shall assist Q.E.D. in substantiating the existence of the alleged error. ii) From time to time and at its sole discretion,Q.E.D. may make Modifications and Enhancements available to the Client for purchase at Q.E.D.'s then published license fee with respect thereto, provided that the client is not then in default with respect to any of its obligations to Q.E.D. The terms on which the Client acquires any such Modification or Enhancement, including the terms on which Q.E.D. will provide Maintenance with respect to the Modification or Enhancement acquired, will be set forth in an amendment to the Agreement executed by both Q.E.D. and the Client. The Client is under no obligation to acquire any Modification or Enhancement, with the exception that the Client must allow Q.E.D. to install all Modifications which are being provided by Q.E.D. at no cost to the client. The Client will provide Q.E.D. with access to its system to permit installation of each no-cost Modification within 45 days after notification by Q.E.D. of its intention to install the Modification. The failure of the client to allow Q.E.D. to install any no-cost Modification will relieve Q.E.D. of any further Maintenance obligations with respect to the Licensed Software. All Modifications and Enhancements acquired by the Client, whether for a fee or at no cost, shall become part of the Licensed Software for all purposes of this Agreement. iii) Q.E.D. shall provide up to six 6 hours per month of telephone consultation with respect to the System during Q.E.D.'s normal business hours. This technical assistance and consultation is designed to train and help the System Manager(s) operate the system more effectively. These consultation hours, if not used, can not be carried forward or accumulated month to month. b) Q.E.D. will provide consultation and additional training and undertake special programming projects on a time-available basis at Q.E.D.'s rates specified in Exhibit C. Any software resulting from a special programming project undertaken by Q.E.D. at the Client's request shall become part of the Licensed Software for all purposes of this Agreement and the System Agreement. THE CITY OF BOYNTON BERCI I Maintenance Agreement Page 2 of l I Page 51 of 1161 c) Q.E.D. will not be required to provide support for installations of the Licensed Software which have not been installed within forty-five (45) days of its release the then current Q.E.D. supported version of the Licensed Software. Similarly, Q.E.D. will not be required to provide support if the Licensed Software has been modified by anyone other than Q.E.D. but will consider doing so in accordance with the terms and conditions specified in Section 6. d) Maintenance shall be renewed for up to two additional one-year terms at the option of the Client, communicated to Q.E.D. not less than 30 days prior to the start of the then current annual term. e) The Client shall at all times have at each site at which the System is installed a System Manager who is acceptable to Q.E.D. in Q.E.D.'s discretion and who has been certified by Q.E.D. as properly trained. All communications by the Client with Q.E.D. must only be made by such System Manager or by designated alternates also acceptable to Q.E.D. in its discretion. The initial System Manager is identified on Exhibit D attached hereto. Training for replacement System Managers will be provided at Q.E.D.'s then applicable rates. The rate during the initial period is listed in Exhibit C; subsequent period rates shall be at Q.E.D.'s standard published rates, which will be reflected, in a written amendment to be executed by Q.E.D. and the Client. f) The Client must at all times while this Agreement remains in effect, provide and maintain in good operating conditions the communication equipment and facilities necessary for Q.E.D. to achieve dial-in access to the System for purposes of remote diagnostics and error correction. g) The Client shall perform the routine System maintenance specified on Exhibit E attached hereto for so long as this Agreement remains in effect. Q.E.D. shall be relieved of all of its obligations hereunder in the event that the Client fails to perform such routine maintenance. h) Q.E.D. will provide Hardware (as that term is defined in the System Agreement)maintenance in accordance with the terms and conditions set forth in the maintenance contract(s) attached hereto as Exhibit F. The Client agrees that it will not upgrade, modify, replace or otherwise alter, or attach devices to, the Hardware without the prior written consent of Q.E.D. 4. PROTECTION OF CONFIDENTIAL INFORMATION a) The Client acknowledges that the System constitutes trade secrets and Confidential Information of Q.E.D. b) During the course of this Agreement, Q.E.D. and the Client will disclose certain Confidential Information to each other, including without limitation in the case of Q.E.D., information specifically relating to the System. c) The Client agrees not to sell, assign or distribute the System or any part thereof to any other person, firm or corporation and shall use reasonable efforts to confine knowledge and access to the System only to its employees who require such knowledge and access in the ordinary course and scope of their employment by the Client. d) Any information disclosed by one party(disclosing party)to the other(receiving party)which the disclosing party considers confidential shall be: (i) outlined in writing and marked "Confidential" by the disclosing party; (ii) treated as Confidential Information of the disclosing party; (iii) used by the receiving party for no purpose other than as provided in this Agreement; and, (iv)treated in a manner such that the receiving party shall take all reasonable precautions to prevent the disclosure thereof to any third party including such precautions said receiving party takes for protection of its own Confidential Information. The obligations set forth in this Section 4(d) shall not apply, however, to any information which: (i) is already in the possession of the public or becomes available to the public through no breach of this Agreement by the receiving party; (ii) was in the receiving party's possession prior to receipt from the disclosing party, or (iii) is received independently from a third party free to disclose such information to the receiving party. e) All Confidential Information furnished by one party to the other shall remain the property of the disclosing party. TtIE CITY OF BOYNTON BEACH Maintenance Agreement Page 3 of I I Page 52 of 1161 f) Both parties represent that they have the right to disclose the information disclosed under the terms of this Agreement. g) This Agreement shall govern all Confidential Information exchanged between the parties including all information exchanged prior to the effective date of this Agreement. h) Q.E.D. retains the right to seek copyright protection for the Licensed Software or any copyrightable material. The Client shall not remove any copyright or proprietary rights notice included in any materials furnished to the Client in connection with this Agreement or the System Agreement. i) The Client shall not, unless specifically authorized under this Agreement or except for ordinary and necessary backup purposes, use, make, or have made any more copies of the Licensed Software or any part thereof than are delivered by Q.E.D. for the Client's use hereunder. 5. LIMITATION OF LIABILITY In no event shall Q.E.D. be liable for any damages whatsoever caused by the Client's failure to perform its responsibilities or for lost profits, incidental, consequential, or special damages with respect to the System and its use by the Client or this Agreement even if Q.E.D. has been advised of the possibility of such damages. 6. ALTERATION BY CLIENT Any attempts by the Client to alter the System shall be at the Client's sole risk and expense, and in no event shall Q.E.D. have any obligation to support or maintain any alteration which is not distributed by Q.E.D. and made a part of the Licensed Software. Q.E.D. will consider providing support with respect to Licensed Software which has been so altered, for an additional mutually acceptable fee, but only if the Client grants to Q.E.D. a perpetual, royalty-free license to market the altered version of the Licensed Software. Q.E.D. shall not be responsible in any regard and shall incur no liability for System failures or any nonconformance to System documentation which occur as a result of any alteration so made by the Client and for which Q.E.D. has not agreed to provide support and maintenance, and the Client assumes full responsibility for any liability arising from such alterations. It is also specifically understood by the Client that by altering the Licensed Software, subsequent Modifications or Enhancements of the Licensed Software and related documentation may be rendered unusable. 7. TERMINATION a) Q.E.D. may terminate this Agreement if Q.E.D. gives written notice to the Client specifying the Client's failure to make payment when due and the Client fails to make such payment within ten (10) days after the effective date of such notice. b) Either party may terminate this Agreement if the other party fails or defaults in the performance of any of its material obligations under this Agreement(other than failure by the Client to make any payment when due) and fails to cure or commence to cure such failure or default within thirty (30) days following the effective date of written notice. c) Either party may also terminate this Agreement by written notice to the other,effective immediately upon its having been given, if the other party shall file a petition in bankruptcy, shall be adjudicated a bankrupt, shall take advantage of the insolvency laws of any state, territory or country, shall make an assignment for the benefit of creditors, shall be voluntarily or involuntarily dissolved, shall admit in writing its inability to pay debts as they come due,or shall have a receiver,trustee or other court officer appointed for its property. d) Termination of this Agreement does not relieve either party of obligations to make any payments or perform any services due prior to the date of termination. e) Pursuit of any remedy hereunder or under applicable law by either party shall not prevent such party from pursuing any other available remedy and shall not operate as an election of remedies. f) Each party's obligation to protect the confidential nature of the System and other Confidential Information under Section 4 shall survive any termination or expiration of this Agreement indefinitely. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 4 of I I Page 53 of 1161 8. MISCELLANEOUS a) The parties agree that this Agreement and the System Agreement, including any Exhibits hereto and thereto, and any submissions or proposals referred to in any of those Exhibits, constitute the entire agreement between the parties in connection with the System and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written, of the parties. There are no warranties, representations and/or agreements between the parties in connection with the System, except as specifically set forth or referred to in this Agreement or in the System Agreement. b) The waiver, amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effective unless made in writing and signed by the party against whom enforcement of such waiver, amendment or modification is sought. The terms of this Agreement shall not be amended or changed by the terms of any purchase order or acknowledgment even though Q.E.D. may have accepted or signed such documents. No failure or delay by either party in exercising any right, power or remedy with respect to any of its rights hereunder shall operate as a waiver thereof. c) Any notice or other communication required or permitted hereunder shall be given in writing to the other party at the address specified herein, or at such other address as shall have been given by either party to the other in writing pursuant to this Agreement. Such notice shall be deemed to have been given when sent by certified or registered United States mail. d) This Agreement shall be subject to and interpreted in accordance with the laws of the Commonwealth of Massachusetts. e) If any provision of this Agreement or the application of any such provision shall be held by a tribunal of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement, and all other applications of such provisions,shall continue in full force and effect. f) All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns and legal representatives, except that neither party may assign this Agreement or any right granted hereunder, in whole or in part,without the other's prior written consent. g) Neither Q.E.D. nor the Client shall be liable for any damages or penalty for delay in performance of its obligations hereunder or for failure to give notice of delay when such delay is due to the elements, acts of God, delay in transportation or any other causes beyond the reasonable control of Q.E.D.or the Client. IN WITNESS WHEREOF,Q.E.D. and the Client have caused this Agreement to be executed effective as of November 1,2000. Q.E.D.: QUEUES ENFORTH DEVELOPMENT, INC. r fDavid B. Gordon Date Director, Public Safety Division For the Client: THE CITY OF OYNTON BEACH By: Name: Date Title: L_ c) y. THE CITY OF BOYNTON BEACH Maintenance Agreement � ?A'�-'�Page 5 of I I CE T,F r Nr.y.Y Page 54 of 1161 EXHIBIT A TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH SYSTEM AGREEMENT Agreement between THE CITY OF BOYNTON BEACH and QUEUES ENFORTH DEVELOPMENT, INC. for a Public Safety software system. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 6 of I I Page 55 of 1161 EXHIBIT B TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH LICENSED SOFTWARE Q.E.D.Proprietary Applications Software: CAD/Partner-Computer Aided Dispatching Software POLICE/Partner-Records Management System FIRE/Partner-Records Management System E911/Partner-911 Interface to CAD MOBILE/Partner-Interface to CAD CAD/Map CRIMEINFO Informix Products: Informix IDS Informix SQL THE CITY OF BOYNTON BEACH Maintenance Agreement Page 7 of I I Page 56 of 1161 EXHIBIT C TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT, INC. AND THE CITY OF BOYNTON BEACH FEE SCHEDULE Fees for Term of Maintenance Initial Term: November 1,2000—October 31,2001 Software Maintenance: $ 34,330.00 Standard Rate Schedule Consultation: $ 150.00 per hour plus expenses Training: $ 150.00 per hour plus expenses Travel and out of pocket expenses will be billed separately and are the responsibility of the customer. THE CITY OF BOYNTON BEACH Maintenance Agreement Page 8 of I I Page 57 of 1161 EXHIBIT D TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH DESIGNATED SYSTEM MANAGER(S) NAME/ADDRESS TELEPHONE NUMBER Doug Solomon 561-742-6171 100 E. Boynton Beach Blvd. Boynton Beach,FL 33425 Sgt. James Prestinari 561-742-6100 100 E.Boynton Beach Blvd. Boynton Beach,FL 33425 Dawn Jackson 561-742-6166 100 E. Boynton Beach Blvd. Boynton Beach,FL 33425 THE CITY OF BOYNTON BEACH Maintenance Agreement Page 9 of I I Page 58 of 1161 EXHIBIT E TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH ROUTINE MAINTENANCE TO BE PERFORMED BY CLIENT MAINTENANCE ACTIVITY FREQUENCY Required Tape Backup of QED Licensed At least every 14 days, Software and within 1 day of any maintenance work done on the system by a QED Employee,and upon request by a QED employee. Record any Error Message which will On going be Referred to in a Maintenance Call. Maintain the On-Line Site Trouble Log On going Recommended Tape Backup&Verification of Client Data On going Update Tape Backup Log After every backup Update Local Service Log After every service call Maintain Console Printer On going Clean Tape Drive Heads At least every thirty(30)days Reboot System At least every two(2)weeks Protect Root Password On going THE CITY OF BOYNTON BEACH Maintenance Agreement Page 10 of l l Page 59 of 1161 EXHIBIT F TO SOFTWARE MAINTENANCE AGREEMENT BETWEEN QUEUES ENFORTH DEVELOPMENT,INC. AND THE CITY OF BOYNTON BEACH HARDWARE MAINTENANCE (Not Applicable) THE CITY OF BOYNTON BEACH Maintenance Agreement Page I 1 of 11 Page 60 of 1161 6.B. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-140-Authorize the City Manager or designee to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Irma between the City of Boynton Beach and State of Florida, Division of Emergency Management. EXPLANATION OF REQUEST: To be eligible to receive disaster relief funding through the Federal Emergency Management Agency (FEMA), the agreement must be executed with the State of Florida because all federal disaster relief funding is distributed to the State then passed on to local municipalities who qualify. The Florida Public Assistance program is funded by a federal grant to aid state and local governments in returning a disaster area to pre- disaster conditions. A major disaster declaration designated FEMA-4337-DR-FL for the State of Florida as a result of Hurricane I rma. The City anticipates receiving approximately $1.4M from FEMA for costs incurred as a result of Hurricane Irma. This is the first funding agreement FEMA has requested to be signed, there may or may not be additional ones as FEMA finishes there review process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? By executing the agreement, the City is eligible to receive federal financial assistance for cost incurred due to Hurricane Irma. There may be additional funding agreements relating to Hurricane Irma depending on the FEMA process. FISCAL IMPACT: Expenditures that occurred as a result of Hurricane Irma may be eligible for federal financial assistance. A minimum of 75% of eligible costs is provided to primarily address the repair and restoration of public facilities, infrastructure, or services which have been damaged or destroyed. The State and Local participation is up to 12.5% (each) of eligible cost. Overall the City anticipates receiving approximately $1.4M from FEMA for costs associated with Hurricane I rma. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 61 of 1161 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Hurricane Irma Funding Agreement D Addendum Hurricane Irma Funding Agreement Page 62 of 1161 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN A DISASTER RELIEF 6 FUNDING AGREEMENT FOR FEDERAL AND STATE 7 ASSISTANCE FOR HURRICANE IRMA BETWEEN THE 8 CITY OF BOYNTON BEACH AND THE STATE OF 9 FLORIDA, DIVISION OF EMERGENCY 10 MANAGEMENT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS,FEMA's Public Assistance program is a federal grant to aid state and, 14 local governments in returning a disaster area to pre-disaster conditions; and 15 WHEREAS, to be eligible to receive disaster relief funding through the Federal 16 Emergency Management Agency, (FEMA),the agreement must be executed with the State of 17 Florida since all federal disaster relief funding is actually distributed to the State and then 18 passed down on to local municipalities who qualify; and 19 WHEREAS,upon recommendation of staff, the City Commission has determined 20 that it is in the best interests of the residents of the City to enter into a Disaster Relief Funding 21 Agreement between the City of Boynton Beach and the State of Florida, Division of 22 Emergency Management for assistance with Hurricane Irma. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Disaster Relief Funding Agreement for Federal and State assistance for Page 63 of 1161 31 Hurricane Irma, a copy of the Agreement is attached hereto as Exhibit"A" 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this 2nd day of October, 2018. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) Page 64 of 1161 1 Contract Number: Z0204 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R.§200.92 states that a"subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R.§200.74,"pass-through entity"means"a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.93,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R.§200.38,"Federal award"means"Federal financial assistance that a non-Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R.§200.92,"subaward"means"an award provided by a pass-through entity to a Sub- Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R.§200.331(a)(1): Sub-Recipient's name: Boynton Beach,City of Sub-Recipient's PA ID/FIPS Number: 099-07875-00 Sub-Recipient's unique entity identifier: 072247133 Federal Award Identification Number(FAIN): Federal Award Date: 9/10/2017 Subaward Period of Performance Start and End Date(Cat A-B): 9/04/2017_-3/10/2018 Subaward Period of Performance Start and End Date(Cat C-G): 9/04/2017-3/10/2019 Amount of Federal Funds Obligated by this Agreement: $8,041.48 Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: $8,041.48 Total Amount of the Federal Award committed to the Sub-Recipient by the pass-through entity: $8,041.48 project P ( ) Grant to Local Government for Federal award ro'ect descri tion see FFATA debris removal,emergency fsrotective measures and repair or replacement of disaster damaged facilities Name of Federal awardingaenc : 9 Y Dept.of Homeland Security QHS)Federal Emeryencv Management Acencv(FEMA) Page 65 of 1161 2 Name of pass-through entity: Florida Division of Emergency Management dFDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assistance Whether the award is Research&Development: NSA Indirect cost rate for the Federal award: See by 44 C F.B.207.5{b L Page 66 of 1161 3 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and, Boynton Beach, City of .(hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement,the Division serves as the pass-through entity for a Federal award, and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below;and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides:"Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes,entitled"Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub-Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled"Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes,this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. Page 67 of 1161 4 vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing,the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties,the Grant Manager for the Division shall: i. Monitor and document Sub-Recipient performance; and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: 2555 Shumard Oak Blvd. Ste. 360 Tallahassee, FL 32399-2100 Telephone: Email: c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: y , l _ �c o� Telephone: t I L\2 6 0 Email: O� ,t qt'. d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name,title and address of the new representative will be provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to authorize its users in the FloridaPA.org website. Only the Authorized or Primary Agents identified on the Designation of Authority(Agents)in Attachment D may authorize addition or removal of agency users. Page 68 of 1161 5 (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. In order for a Project to be eligible for reimbursement, a modification to this agreement must be executed incorporating the Project as identified by number, budget, and scope of work. Projects not included by modification will be ineligible for funding, regardless of Federal approval for the Project. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Project List —Attachment A and Scope of Work, Deliverables and Financial Consequences—Attachment B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin upon execution by both parties and shall end six(6) months from the date of declaration for Emergency Work(Categories A& B) or eighteen (18)months from the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance with the provisions of Paragraph (17)of this Agreement. Consistent with the definition of"period of performance"contained in 2 C.F.R. §200.77, the term "period of agreement"refers to the time during which the Sub-Recipient"may incur new obligations to carry out the work authorized under"this Agreement. In accordance with 2 C.F.R. §200.309, the Sub-Recipient may receive reimbursement under this Agreement only for"allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes,the Sub-Recipient may expend funds authorized by this Agreement"only for allowable costs resulting from obligations incurred during"the period of agreement. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature,and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. c. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A of this Agreement("Budget and Project List"). The maximum federal reimbursement amount for the entirety of this Agreement is $8,041.48 Page 69 of 1161 6 d. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification, signed b an official who is authorized to leally bind the Sub-Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division will review any request for reimbursement by comparing the documentation provided by the Sub-Recipient in FloridaPA.org against a performance measure, outlined in Attachment B, Scope of Work, Deliverables, and Financial Consequences,that clearly delineates: i. The required minimum acceptable level of service to be performed; and, ii. The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a"performance goal', which is defined in 2 C.F.R. §200.76 as ..a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301,that the Division and the Sub-Recipient"relate financial data to performance accomplishments of the Federal award." g. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services")and 2 C.F.R. §200.431 ("Compensation—fringe benefits"). If authorized by the Federal Awarding Agency,and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient- employee agreement, or an established policy of the Sub-Recipient. 2 C.F.R. §200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, Page 70 of 1161 7 iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. h. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub-Recipient for travel expenses in accordance with 2 C.F.R.§200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub- Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and$19 for dinner),then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. L The Division's grant manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. j. As defined by 2 C.F.R.§200.53, the term "improper payment" means or includes: i. Any payment that should not have been made or that was made in an incorrect amount(including overpayments and underpayments) under statutory, contractual, administrative,or other legally applicable requirements; and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10)RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division,the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers, or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. Page 71 of 1161 8 The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements(Chapter 119, Florida Statutes)and by 2 C.F.R. §200.333,the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement,as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five (5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5)year requirement: L If any litigation,claim, or audit is started before the expiration of the 5-year period,then the records must be retained until all litigation, claims,or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs,or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal awarding agency or pass-through entity,the 5-year retention requirement is not applicable to the Sub-Recipient. V. Records for program income transactions after the period of performance. In some cases recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals,cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal awarding agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted, then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered,there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. Page 72 of 1161 9 f. As required by 2 C.F.R. §200.303, the Sub-Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the Federal awarding agency or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law(Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1)meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However,the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies'performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub- Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public,and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency)in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements Page 73 of 1161 10 and objectives of the Budget and Project List—Attachment A, Scope of Work—Attachment B, and all other applicable laws and regulations. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub-Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2 C.F.R. §200.49, GAAP"has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non- compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(h), Florida Statutes, as"an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Page 74 of 1161 11 Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: http://harvester.census.gov/fac/collect/ddeindex.htmi h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub-Recipient and all subcontractors in completing the work described in the Scope of Work and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. b. Quarterly reports are due to the Division no later than 30 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close- out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. c. The closeout report is due sixty(60)days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement,whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16)REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Budget and Project List— Attachment A, and Scope of Work—Attachment B. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub-Recipient shall provide additional reports and information identified in Attachment G—Public Assistance Program Guidance. (13)MONITORING. a. The Sub-Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A Page 75 of 1161 12 review shall be done for each function or activity in Attachment B to this Agreement, and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to,on-site visits by Division staff, limited scope audits, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub-Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition,the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub-Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement;as authorized by section 768.28(19), Florida Statutes, Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub-Recipient agrees that it is not an employee or agent of the Division, but is an independent contractor. b. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a state agency or subdivision, as defined in section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15)DEFAULT. If any of the following events occur("Events of Default'), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect,or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; Page 76 of 1161 13 b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement, and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES. If an Event of Default occurs,then the Division shall, after thirty calendar days written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days,exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States,first class mail, postage prepaid, by registered or certified mail-return receipt requested,to the address in paragraph (3)herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions, to include but not be limited to: L Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance, ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected, iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Sub-Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION. Page 77 of 1161 14 a. The Division may terminate this Agreement for cause after thirty days written notice. Cause can include misuse of funds,fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter,or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty (30)calendar days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated,the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations,to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. §200.318(b), the Sub-Recipient shall"maintain records sufficient to detail the history of procurement. These records will include, but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." c. As required by 2 C.F.R. §200.318(1), the Sub-Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement,the Sub- Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. d. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement,then the Sub-Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive)at least fifteen (15)days prior to the publication or communication of the solicitation. The Division shall review the Page 78 of 1161 15 solicitation and provide comments, if any,to the Sub-Recipient within three(3)business days. Consistent with 2 C.F.R. §200.324,the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R.§200.318(k), the Division will not substitute its judgment for that of the Sub- Recipient. While the Sub-Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3)business day window outlined above. If the Sub-Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient,then the Division may: L Terminate this Agreement in accordance with the provisions outlined in paragraph (17)above; and, ii. Refuse to reimburse the Sub-Recipient for any costs associated with that solicitation. e. Except for procurements by micro-purchases pursuant to 2 C.F.R. §200.320(a)or procurements by small purchase procedures pursuant to 2 C.F.R. §200.320(b), if the Sub-Recipient chooses to subcontract any of the work required under this Agreement, then the Sub-Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Sub-Recipient within three(3) business days. Consistent with 2 C.F.R.§200.324,the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. §200.318(k), the Division will not substitute its judgment for that of the Sub-Recipient. While the Sub-Recipient does not need the approval of the Division in order to execute a subcontract,this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Sub-Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies,then the Division shall communicate those deficiencies to the Sub-Recipient as quickly as possible within the three (3) business day window outlined above. If the Sub-Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: i. Terminate this Agreement in accordance with the provisions outlined in paragraph (17)above; and, Page 79 of 1161 16 ii. Refuse to reimburse the Sub-Recipient for any costs associated with that subcontract. f. The Sub-Recipient agrees to include in the subcontract that(i)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii)the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement,to the extent allowed and required by law. g. As required by 2 C.F.R. §200.318(c)(1),the Sub-Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." h. As required by 2 C.F.R. §200.319(a), the Sub-Recipient shall conduct any procurement under this agreement"in a manner providing full and open competition." Accordingly, the Sub-Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; viii. Engage in any arbitrary action during the procurement process; or, ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. i. "[E]xcept in those cases where applicable Federal statutes expressly mandate or encourage"otherwise, the Sub-Recipient, as required by 2 C.F.R. §200.319(b), shall not use a geographic preference when procuring commodities or services under this Agreement. j. The Sub-Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids)in accordance with 2 C.F.R. §200.320(c)as well as section 287.057(1)(a), Florida Statutes. Page 80 of 1161 17 k. The Sub-Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. §200.320(d)as well as section 287.057(1)(b), Florida Statutes. I. For each subcontract, the Sub-Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. Additionally, the Sub-Recipient shall comply with the requirements of 2 C.F.R.§200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). (19)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: i. Exhibit 1 -Funding Sources ii. Attachment A—Budget and Project List iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences iv. Attachment C—Certification Regarding Debarment V. Attachment D—Designation of Authority vi. Attachment E—Statement of Assurances vii. Attachment F—Election to Participate in PA Alternative Procedures(PAAP) viii. Attachment G—Public Assistance Program Guidance ix. Attachment H—FFATA Reporting X. Attachment I—Mandatory Contract Provisions xi. Attachment J—DHS OIG Audit Issues and Acknowledgement xii. Attachment K—Justification of Advance Payment (20)PAYMENTS a. Any advance payment under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account unless otherwise governed by program specific waiver. If an advance payment is requested,the budget data on which the request is based and a justification statement shall be submitted along with this agreement at the time of execution by completing Attachment K—Justification of Advance Payment.The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds.Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier within (30)days, along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has Page 81 of 1161 18 been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty(30) days after the expiration date of the agreement or completion of applicable Project,whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph (12)of this Agreement. c. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress,the federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (9)b.of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty days of receiving notice from the Division. (21)REPAYMENTS a. All refunds or repayments due to the Division under this agreement, subject to the exhaustion of appeals, are due no later than thirty(30)days from notification by the Division of funds due. FEMA only allows thirty(30)days from deobligation for the funds to be repaid before it will refer the amount to the FEMA Finance Center(FFC)for collection. b. As a condition of funding under this Agreement,the Sub-Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub-Recipient from any disbursement to the Recipient, by FEMA or any other source, upon determination by the Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Sub-Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. c. The Sub-Recipient understands and agrees that the Recipient may offset funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event,the Recipient will notify the Sub-Recipient via the entry of notes in FloridaPA.org. d. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of"Division of Emergency Management", and mailed directly to the following address: Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 e. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Sub-Recipient shall pay the Division a service fee of$15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (22)MANDATED CONDITIONS Page 82 of 1161 19 a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty days written notice to the Sub-Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans With Disabilities Act(Public Law 101-336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations,transportation, State and local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of$25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief,that it and its principals: i. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; ii. Have not,within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(federal, state or local)transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft,forgery, bribery,falsification or destruction of records, making false statements, or receiving stolen property; Page 83 of 1161 20 iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity(federal, state or local)with commission of any offenses enumerated in paragraph (22)f. ii. of this certification; and, iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state or local)terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division (by email or by facsimile transmission)the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C)for the Sub-Recipient agency and each intended subcontractor which Sub-Recipient plans to fund under this Agreement. The form must be received by the Division before the Sub-Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes,which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e)[Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. I. All unmanufactured and manufactured articles, materials and supplies which are acquired for public use under this Agreement must have been produced in the United States as required under 41 U.S.C. 10a, unless it would not be in the public interest or unreasonable in cost. (23)LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits"any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch, or a state agency." Page 84 of 1161 21 c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. d. The Sub-Recipient certifies, by its signature to this Agreement,that to the best of his or her knowledge and belief: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards at all tiers(including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all Sub-Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352,Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than $100,000 for each such failure. (24)COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW,ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. Page 85 of 1161 22 b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it,the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals,films, or other copyrightable material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty(30)days of execution of this Agreement,the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24)b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law,then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions,that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable,fully- paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products,developed solely by the Sub-Recipient, under this Agreement,for Florida government purposes. (25)LEGAL AUTHORIZATION. The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. §60-1.4(b), the Sub-Recipient hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60,which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan insurance, or guarantee,or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: Page 86 of 1161 23 i. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin. iii. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. iv. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. V. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vi. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. vii. The contractor will include the portion of the sentence immediately preceding paragraph (1)and the provisions of paragraphs (1)through (7)in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of Page 87 of 1161 24 enforcing such provisions, including sanctions for noncompliance: provided, however,that in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub-Recipient further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: provided,that if the applicant so participating is a State or local government,the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub-Recipient agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub-Recipient further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965,with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition,the Sub-Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant(contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub-Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub-Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI-KICKBACK ACT The Sub-Recipient hereby agrees that, unless exempt under Federal law, it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. §874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. Page 88 of 1161 25 The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub-Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds$100,000 and involves the employment of mechanics or laborers, then any such contract must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty(40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40)hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation. (29)CLEAN AIR AC_T AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract that exceeds$150,000, then any such contract must include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental Protection Agency(EPA). (30)SUSPENSION AND DEBARMENT Per 2 C.F.R.200.213 Suspension and debarment, non-Federal entities are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, 2 C.F.R. part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended,or otherwise excluded from or ineligible for participation in Federal assistance programs or activities. If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905)are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935). Page 89 of 1161 26 ii. The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI-LOBBYING AMENDMENT If the Sub-Recipient,with the funds authorized by this Agreement, enters into a contract, then any such contract must include the following clause: Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. (32)CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES AND LABOR SURPLUS AREA FIRMS a. If the Sub-Recipient,with the funds authorized by this Agreement, seeks to procure goods or services,then, in accordance with 2 C.F.R. §200.321, the Sub-Recipient shall take the following affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible: i. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; ii. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; Page 90 of 1161 27 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and A. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs i. through v.of this subparagraph. b. The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting,"does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather,the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. c. The"socioeconomic contracting" requirement outlines the affirmative steps that the Sub-Recipient must take; the requirements do not preclude the Sub-Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. d. The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub-Recipient to break a single project down into smaller components in order to circumvent the micro-purchase or small purchase thresholds so as to utilize streamlined acquisition procedures(e.g. "project splitting"). (33)ASSURANCES. The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E. Page 91 of 1161 28 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: Boynton Beach, City of By. . Name and title: oti Ve e"j R Date: CAVA FEID# 59-6000282 - STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: - - - Name and Title: Wesley Maul, Director Date: Page 92 of 1161 29 EXHIBIT—1 THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: _ $8,041.48 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 • The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,42 U.S.C. 5121 et seq.,and Related Authorities • FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Federal Program: 1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Public Assistance Program and Policy Guide, 2017 and approved Project Worksheet(s). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D: Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement,or will be in violation of the terms of the Agreement. NOTE.Section 200.331(a)(1) of 2 CFR, as revised, and Section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included on pg. 1 of this subgrant agreement and in Exhibit 1 be provided to the Sub-Recipient. Page 93 of 1161 30 Attachment A-th Revision Budget and Project List The Budget of this Agreement is initially determined by the amount of any Project Worksheet(s)(PW)that the Federal Emergency Management Administration(FEMA)has obligated for a Sub-Recipient at the time of execution.Subsequent PWs or revisions thereof will increase or decrease the Budget of this Agreement.The PW(s)that have been obligated are: IDR4337 _. ,,. Sub-Recipient Boynton Beach,City of Fed- Statei Local Total Eligible IPUW Cat Project Title Federal Share - State Share Local Share Amount POP Start Date POP End Date ,..i't r'East Baynton Beach Little League _ — $S 041 41 75 $1,340.2�4 ;` $1,340,21 12 5 tl r I ' 9/04/2017 3/10/2019 Totah. $8,041.41& $1,3402 _i $1,340 w4 r State *l Z Page 94 of 1161 31 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work Complete eligible Projects for emergency protective measures, debris removal, repair or replacement of Disaster damaged facilities. When FEMA has obligated funding for a Sub-Recipient's PW, the Division notifies the Sub-Recipient with a copy of the PW(or P2 Report). A Sub-Recipient may receive more than one PW and each will contain a separate Project. Attachment A, Budget and Project List of this Agreement will be modified as necessary to incorporate new or revised PWs. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables Large Projects Reimbursement requests will be submitted separately for each Large Project. Reimbursement for Large Project costs shall be based on the percentage of completion of the individual Project.Any request for reimbursement shall provide adequate,well organized and complete source documentation to support all costs related to the Project, and shall be clearly identified by the Project Number as generated by FEMA. Requests which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 95% of the total eligible amount will be paid upon acceptance and contingent upon: • Timely submission of Quarterly Reports(due 30 days after end of each quarter). • Timely submission of invoices (Requests for Reimbursement)at least quarterly and supported by documentation for all costs of the project or services. The final invoice shall be submitted within sixty(60)days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. • Timely submission of Request for Final Inspection (within ninety(90)days of project completion— for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects(AIA)forms G702 and G703, as required below. a A.Affidavit. The Recipient is required to submit an Affidavit signed by the Recipient's project personnel with each reimbursement request attesting to the following:the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Recipient shall provide a copy of the American Institute of Architects (AIA) form G702,Application and Certification for Payment, or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer,and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. Page 95 of 1161 32 Five percent(5%)of the total eligible amount(including Federal, state and local shares)will be withheld from payment until the final Request for Reimbursement(or backup for advance expenditure)has been verified as acceptable by the Division's grant manager,which must include dated certification that the Project is 100% complete. Further,all required documentation must be available in FloridaPA.org prior to release of final 5%, to include permits, policies&procedures, procurement and insurance documents. Small Projects Small projects will be paid upon obligation of the Project Worksheet. Sub-Recipient must initiate the Small Project Closeout in FloridaPA.org within 30 days of completion of the project work, or no later than the period of performance end date. Small Project Closeout is initiated by logging into FloridaPA.org, selecting the Sub-Recipient's account,then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and 'Save'. The final action is to Advance the form to the next queue for review. Financial Conseuence_s_ For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, state and local requirements, the Division shall withhold a portion of the funding up to the full amount. Any funds advanced to the Sub-Recipient will be due back to the Division. Page 96 of 1161 33 Attachment C CERTIFICATION and VOLUNTARY EXCLUSION Contractor Comerad Transactions (1) The PmspecWe uu this document that r it nor m Hnel ,sass a proposed for FederaldebornteMIniftble,Or voluntarily excluded from participation In this transaction by any , r apney. (2) Where the pit' r Is unable to certify to the above Statement,the prospectNe shallcontract t n to this fbrin. CONTRACTOR r ofian m _- `.� m i �_ _.,� ._..w ._. ..r ,�.._. r -71Street Address Mg_ Date �,..�.. _..._.e. Are. .r..y.n.n. ...w. Y - - Page 97 of 1161 Page 98 of 1161 35 - DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Box 1: Authorized A ent(Full Access) Box 2: Primar"Agent(Full Access) Agent's Name Agent's Name 10 l Signature Signature Organization/Official Position Mavor Organization/Official Position Mailing Addressh4 330' Mailing Address _a301 QuanEtlyn I(q. S*" 101 City,State,Zip City,State,7', Daytime Telephone ' Daytime Teleph e E-mail Address E-mail Address 14 V&rl ° e*19d as Box 3: Alternate Agent(Full Access) Box 4: Other-Finance/Point of ,ontact(Full Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address , City,State,Zip City,State,Zip J. V Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 5: Other-Risk gmt-Insurance(Full Access) Box 6: Other-Environmental-Historic(Full Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-grantee for the purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee.Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. y Sub-Grantee Authorized Agent Signature g Date Page 99 of 1161 36 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Box 7: Other Read Only Access) i Box 8: Other (Read On! Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position - - Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address - City,State,Zip - City,State,Zip Daytime Telephone Daytime Telephone ... - E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee's Fiscal Year(FY)Start: Month: Day: Sub-Grantee's Federal Employer's Identification Number(EIN) - Sub-Grantee's Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management Sub-Grantee's: FIPS Number(If Known) - NOTE: This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover.Updates may be made by email to the state team assigned to your account.A new form will only be needed if all authorized representatives have separated from your agency.Be aware that submitting a new Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace,not supplement,the contacts on the previous list. REV.09-09-2017 DISCARD PREVIOUS VERSIONS Page 100 of 1161 37 Attachment E STATEMENT OF ASSURANCES 1) The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No.A-21,A-87,A-110,A- 122, and A-128; E.O. 12372;and Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R. Part 200; that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient's governing body,authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R.§206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub-Recipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed, and if not it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s)for the project or undertake other activities until the conditions of the grant program(s)have been met, all contracts meet Federal, State, and local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications,and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds,whichever is longer. f. Provide without cost to the United States and the Grantee/Recipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for Page 101 of 1161 38 themselves or others, particularly those with whom they have family,business,or other ties. h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and ii. by complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. L Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: L create and make available documentation sufficient to demonstrate that the Sub-Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. return the property to its natural state as though no improvements had been contained thereon; iii. furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. leave the demolished site clean, level, and free of debris; vii. notify the Grantee/Recipient promptly of any unusual existing condition which hampers the contractors work; viii. obtain all required permits; ix. provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A. comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts); and xii. provide documentation of public notices for demolition activities. Page 102 of 1161 39 k. Require facilities to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program,if required to maintain one,where the application is for$500,000°D or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex,or disability against a recipient of funds,forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub-Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501,et.seq.which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. I. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available,as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards.The phrase Page 103 of 1161 40 "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification (ICC). The state's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate;the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub-Recipients and contractors. I. Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA) (1990); Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations;and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964 (P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall,on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of,or be otherwise subjected to discrimination under any program or activity for which the Sub-Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property or structure is provided or improved with the aid of Federal financial assistance extended to the Sub-Recipient, this assurance shall obligate the Sub-Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. Page 104 of 1161 41 r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. t. Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955,as amended; ii. The Clean Water Act of 1977,as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation;and election for training and apprenticeship. ii. EO 11514 (NEPA). iii. EO 11738(violating facilities). iv. EO 11988 (Floodplain Management). v. EO 11990 (Wetlands). vi. EO 12898(Environmental Justice). 5) For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. Page 105 of 1161 42 This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance.This assurance is binding on the Sub-Recipient,its successors,transferees, and assignees FOR THE SUBGRANTEE/SUB-RECIPIENT : � a Signature Lelf � - Printed Name and Title bate Page 106 of 1161 43 Attachment F Election of Participation in Public Assistance Alternative Procedures (PAAP)Pilot Program Should the Sub-Recipient desire to utilize the Public Assistance Alternative Procedures provisions of the Sandy Recovery Improvement Act (Division B of P.L. 113-2), execution of a Supplemental Funding Agreement covering specific aspects of the Alternative Procedures Package is required of the Sub- Recipient prior to the payment of such funds by the State as the Recipient. Payments processed under the Alternative Procedures provisions will be requested as an advance and are exempt from advance requirements covered by Section 216.181(16), Florida Statutes.They will, however, be treated as an advance for purposes of Requests for Reimbursement(RFRs)and satisfaction of the requirement that ninety percent(90%)of previously advanced funds must be accounted for prior to receiving a second advance. In order to elect to participate in the PAAP program for one of the following options, you must read the Guidance found at and then complete the required documents on the following pages. The documents can be found under the Permanent Work section of the webpage in editable .pdf format if preferred. PAAP for Debris Removal Category AI Required Documents• • Public Assistance for Alternative Procedures Pilot Program for Debris Removal Acknowledgement https://www.fema,g yI odia 9i rarv-datal15048119 5699- dfda9ae3e22d450 8256 bdb62e0fl/ PENDI Devised for lined siidi cl scale 8a23- 11L-2df PAAP for Permanent Work(Categories C G) Required documents: • Fixed Subgrant Agreement Letter f :/1 .fenia ,ov/media-librate,-data/1388154 577585- 398aea7 6c6 e b 0 71270fd71 21508 PA Mernative Procedures Pilo t.... wogr Penn e Work Fixed _Sub rant rcerr1ent Letterl2012-13e19,1df • Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement ttpso!/ 2 feriia_gov/mJEI-9ibrary-c tal�3881558025 4- 11 2 78f830 b5 4l20 ebl 5 50129/P lternative Procedures Pilot PMgLam F�ermanent q�;rr�e Work AcknoA!q � -13-13,pdf All PAAP Related Documents (guides, Fact Sheets, Standard Operating Procedures, FAQs,Archived Docs, etc.)may be found at:h t s:/tA .ferna,goy/media-library/assets/documents/l 15868 Note:PAAP Pilot Program Guide for Debris Removal(Version 5)published June 28, 2017 contains the following changes: The Public Assistance Alternative Procedures Pilot Program for Debris Removal has been extended for one year to June 27, 2018.As part of the extension, FEMA will only authorize the sliding scale provision in events with significant debris impacts.The other three provisions available under the Pilot remain unchanged. For disasters declared on or after August 28, 2017, FEMA is limiting the usage of the pilot's sliding scale provision to high impact incidents that meet the following criteria: high concentration of localized damage; Page 107 of 1161 44 large quantities of debris (over$20M or 1.5 million cubic yards); and disasters declared very soon after the incident(8 days)to incentivize rapid debris removal. This guide is applicable to disasters declared on or after June 28, 2017.The changes to the sliding scale provision are applicable to disasters declared on or after August 28, 2017. This version of the pilot guide supersedes the previous pilot guide for debris removal (W)which was published June 28, 2016. Page 108 of 1161 45 Public Assistance Alternative Procedures Pilot Program for Debris Removal Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency(FEMA) is implementing alternative procedures for the Public Assistance(PA) Program through a pilot program. As a representative of the subrecipient, we elect to participate in the following: ❑Accelerated Debris Removal- increased Federal cost share (sliding scale) ❑ Recycling Revenue(subrecipient retention of income from debris recycling without a award offset) ❑ One-time incentive for a FEMA-accepted debris management plan and identification of at least one pre-qualified contractor ❑ Reimbursement of straight time force account labor costs for debris removal 1. The pilot is voluntary and the subrecipient must apply the selected alternative procedures to all of its debris removal subawards. 2. For the sliding scale,the subrecipient accepts responsibility for any costs related to debris operations after six months from the date of the incident unless, based on extenuating circumstances, FEMA grants a time extension. 3. The subrecipient acknowledges that FEMA may request joint quantity evaluations and details regarding subrecipient operations necessary to assess the pilot program procedures. 4. All contracts must comply with local, state, and Federal requirements for procurement, including provisions of 2 CFR Part 200. 5. The subrecipient must comply with all Federal, state and local environmental and historic preservation laws, regulations, and ordinances. 6. The Office of Inspector General may audit any subrecipient and/or subaward. Signature of Subrecipient's Authorized Representative Date Printed Name and Title Sub-Recipient Name PA ID Number ❑We elect to not participate in the Alternative Procedures for Debris Removal. Page 109 of 1161 46 FIXED SUBGRANT AGREEMENT LETTER DATE: To Address: To FEMA: As a Public Assistance (PA)Sub-Recipient. (PA ID _ ), in accordance with Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act,we agree to accept a permanent work subgrant based on a fixed estimate in the amount of$ —for subgrant number...... (copy attached) under Disaster# We accept responsibility for all costs above the fixed estimate. We understand that by participating in this pilot program we will be reimbursed for allowable costs in accordance with 44 CFR§ 13.22(b)–"Applicable cost principles", the reimbursement will not exceed the fixed estimate.We also understand that by agreeing to this fixed estimate,we will not receive additional funding related to the facilities or sites included in the subgrant. We also acknowledge that failure to comply with the requirements of applicable laws and regulations governing assistance provided by FEMA and the PA alternative procedures pilot program guidance (such as procurement and contracting; environmental and historic preservation compliance; and audit and financial accountability)may lead to loss of Federal funding. Signature of Sub-Recipient's Authorized Representative Date Printed Name and Title Signature of Grantee's Authorized Representative Date Printed Name and Title Page 110 of 1161 47 Public Assistance Alternative Procedures Pilot Program for Permanent Work Acknowledgement In accordance with the Sandy Recovery Improvement Act of 2013, the Federal Emergency Management Agency(FEMA) is implementing alternative procedures for the Public Assistance (PA) Program through a pilot program.As a representative of the Sub-Recipient, our agency understands the following: 1. We plan to participate in the following elements: ❑Subgrants based on fixed estimates, and as the Sub-Recipient, accept responsibility for costs above the estimate ❑Consolidation of multiple fixed subgrants into a single subgrant ❑ FEMA validation of Sub-Recipient-provided estimates ❑ Elimination of reduced eligible funding for alternate projects ❑ Use of excess funds ❑ Review of estimates by an expert panel for projects with a Federal share of$5 million or greater 2. The pilot is voluntary, and a Sub-Recipient may participate in alternative procedures for one or more large project subgrants. 3. If the Sub-Recipient accepts a fixed subgrant estimate, the Sub-Recipient understands they are responsible for all costs greater than the fixed amount. 4. The Sub-Recipient agrees to notify the Grantee regarding the specific use of excess funds. 5.All contracts must comply with local, State, and Federal requirements for procurement, including provisions of 44 CFR Part 13. 6. The Office of Inspector General may audit any Sub-Recipient and/or subgrant. 7. EHP review must be completed for all subgrants, including cases where new scopes of work would require EHP compliance, before the subgrant scope of work is implemented. Failure to comply with this requirement may lead to loss of Federal funding. 8. The Sub-Recipient may submit appeals in accordance with 44 CFR§206.206. However, FEMA will not consider appeals solely for additional costs on fixed subgrants. { Signature of Sub-Recipient's Authorized Representative Date to rl L,4 IVAICfev Printed Name and Title Sub-Recipient Name PA ID Number We elect to not participate in the Alternative Procedures for Permanent Work. Page 111 of 1161 48 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE GRANTEE'S/RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM__(FloridaPA.or9) Sub-Recipient s must use the Grantee's/Recipient's web-based project management system, FloridaPA.org, (available at www.FloridaPA.org)to access and exchange project information with the State throughout the project's life.This includes processing advances,reimbursement requests,quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. The Sub-Recipient is required to have working knowledge of the FloridaPA.org system. PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the FloridaPA.org website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one (1) PW. The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five (5)years from the date of the Sub-Recipient account closeout by FEMA. The five (5)year period is extended if any litigation, claim or audit is started before the five(5)year period expires, and extends beyond the five(5)year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,00000 or more at the time it is acquired must be retained for five (5)years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. INTERIM INSPECTIONS Interim Inspections maybe requested by the Sub-Recipient, on both small and large projects,to: I. conduct insurance reconciliations; ii. review an alternate scope of work; iii. review an improved scope of work; and/or iv. validate scope of work and/or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in FloridaPA.org under the following conditions: i. a quarterly report has not been updated between quarters; ii. the Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner; Page 112 of 1161 49 A|. requests for a Time Extension have been mace that exceed the Grantee's/ Recipient's authority toapprove; and/or |v. then* are issues or concerns identified by the Recipient that may impact funding under this agreement. PROJECT RECONCILIATION AND CLOSEOUT The purpose cfcloseout imfor the Sub-Recipient bmcertify that all work has been completed.Toensure a timely closeout process,the Sub-Recipient should notify the Recipient within sixty(60)days ofProject completion. The Sub-Recipient should include the following information with its closeout request: ° Certification that project is complete; " Date ofproject completion; and ° Copies ofany Recipient time extensions. Large Projects With exception ofFixed Cost Estimate Subawards'Alternate Projects and Improved Projects where final costs exceed FEMA'soriginal approval,the final eligible amount for aLarge Project isthe actual documented cost of the completed, eligible SOW.Therefore, upon completion of each Large Project that FEMA obligated based onmnestimated amount;the Sub-Recipient should provide the documentation hm support the actual costs. If the actual costs significantly differ from the estimated amount, the Sub- Recipient should provide anexplanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs bmcomplete the eligible S[)VV. |fthe project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual coat. If during the n*view. FEMA determines that the Sub-Recipient performed work that was not included in the approved SOVV. FEMA will designate the project as an Improved Pnoject, cap the funding atthe original estimated amount, and review the additional SOW for EHPcompliance. For Fixed Cost Estimate Subawards,the Applicant must provide documentation to support that it used the funds inaccordance with the eligibility criteria described inthe PApPG Chapter 2:V|i8and guidance provided at ` Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates m GmeU Project, FEMA does not adjust the approved amount of an individual BmeU Project.This applies even when FEMA obligates the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount onindividual Small Projects ifone ofthe following conditions applies: ° The Sub-Recipient did not complete the approved SOW; ° The Sub-Recipient requests additional funds related tomneligible change inSOW; ~ The PVVcontains inadvertent errors oromissions; or ° Actual insurance proceeds differ from the amount deducted inthe PW. In these oeoeo, FEMA only adjusts the specific cost items affected. |fnone mfthe above applies, the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub-Recipient must request the additional funding through the appeal process,described inthe Page 113 Of 1 161 50 PAPPG Chapter 3:IV.D,within sixty(60)days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal.The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets,the Recipient will conduct final inspections on Large Projects,and may, at its sole discretion, select one or more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Work is 6 months from the declaration date.The deadline for Permanent Work is 18 months from the declaration date. OEM e Type of Work Months Emergency Work 6 Permanent Work 18 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a time extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work; and • The project timeline with the projected completion date The State (FDEM)has the authority to grant limited time extensions based on extenuating circumstances or unusual project requirements beyond the control of the Sub-Recipient. It may extend Emergency Work projects by 6 months and Permanent Work projects by 30 months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time.This applies to all projects with the exception of those funded under the PAAP Accelerated Debris Removal procedure and projects for temporary facilities. With exception of debris removal operations funded under the Accelerated Debris Removal Procedure of the Alternative Procedures Pilot Program, FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations(such as short construction window) • Inclement weather(site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Aoplicant_and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline,the Applicant must still complete the approved SOW for funding to be eligible. FEMA deobligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved Page 114 of 1161 51 SOW and the completed work is distinct from the uncompleted work, FEMA only deobligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only deobligates the amount related to the facility that the Applicant did not restore. Request should be submitted prior to current approved deadline, be specific to one project, and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits ■ Permitting agencies involved and application dates o Environmental delays or limitations(e.g., short construction window, nesting seasons) ■ Dates of correspondence with various agencies ■ Specific details • Inclement weather(prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a request does not automatically grant an extension to the period of performance. Without an approved time extension from the State or FEMA(as applicable),any expenses incurred outside the P.O.P.are ineligible. INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that If Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must deobligate the funds per Stafford Act Sections 101 (b)(4)and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities, the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than$5,000K. In addition to the preceding requirements, the Sub-Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to§311 of the Stafford Act.As stated in the Stafford Act,"Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance, where that insurance is "reasonably available,adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding.The Public Assistance Program and Policy Guide further states"If the Applicant does not comply with the requirement to obtain and maintain insurance,FEMA will deny or deobligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not"reasonably available, adequate or necessary to protect against future loss"to an insurable facility, the Regional Administrator may modify or waive the requirement in conformity with the certification. Page 115 of 1161 52 The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R. §§206.252-253. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees to provide all pertinent insurance information, including but not limited to copies of all policies,declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. DUPLICATION OF BENEFITS The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits,from any source, for any damage identified on the applicable Project Worksheets,for which the Sub-Recipient has received payment from the Recipient. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of the possible availability of, applies for, or receives funds, regardless of the source, which could reasonably be considered as duplicate benefits. In the event the Recipient determines the Sub-Recipient has received duplicate benefits,the Sub-Recipient gives the Grantee/Recipient and/or the Chief Financial Officer of the State of Florida,the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub-Recipient, and to use such remedies as may be available administratively, at law, or at equity, to recover such benefits. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State, and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. FUNDING FOR LARGE PROJECTS Although Large project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete, the State will perform a reconciliation of actual costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). Page 116 of 1161 53 The submission from the Sub-Recipient requesting this reimbursement must include: a) a Request for Reimbursement(available in FloridaPA.org); b) a Summary of Documentation (SOD) which is titled Reimbursement Detail Report in FloridaPA.org and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records,daily work logs, invoices, purchase orders,and change orders); and c) the FDEM Cost Claim Summary Workbook(found in the Forms section of FloridaPA.org),along with copies of original documents such as contract documents, invoices, change orders, canceled checks(or other proof of expenditure), purchase orders,etc. ADVANCES Payments under the Public Assistance Alternative Procedures Program (PAAP)are paid as an Advance Payment. Notwithstanding Paragraph 9) Funding, in the Agreement, these payments are not bound by Section 216.181(16), Florida Statutes. 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87,A-110,A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable,but not later than ten(10)business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA)the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment. 5. The Sub-Recipient must complete a Request for Reimbursement(RFR)via FloridaPA.org no more than ninety (90) days after receiving its Advance Payment for a specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 6. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 7. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions: a) the Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) the Sub-Recipient must submit to the Recipient the budget supporting the request. 8. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety(90)days after receipt of the Advance; 9. The Recipient may, in its sole discretion,withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- Page 117 of 1161 54 Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three agents to execute any Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from FloridaPA.org may not be received and could result in failure to meet time periods to appeal a Federal determination. DUNS Q&A What is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun & Bradstreet(D&B).The DUNS number is site specific. Therefore, each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately 5—10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do 1 need before I request a DUNS number? Before you call D&B, you will need the following pieces of information: • Legal Name • Headquarters name and address for your organization • Doing business as(dba)or other name by which your organization is commonly recognized • Physical address • Mailing address (if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? Page 118 of 1161 55 New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications.The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see if my institution already has a DUNS number? Call the toll free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number assigned. If not, they will ask if you wish to obtain one. Should we use the+4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization,then each campus needs to obtain their own DUNS number. Does the DUNS number need to be included on individual fellowship applications? Yes with one exception. It is the DUNS number of the sponsoring institution that should be put on the application. Individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. What does the DUNS number have to do with the Central Contractor Registry(CCR), soon to be the Business Partner Network(BPN)? Registration in the CCR is mandatory for anyone wishing to submit a grant application electronically through Grants.gov. Your organization will need a DUNS number in order to register in the CCR. The CCR is the central registry for organizations that have received Federal contracts. If your organization has received Federal contracts, it is already registered in the CCR, but this is a good opportunity to verify that your organization information is up to date. For more information about the CCR, please visit the CCR web site at:www.ccr.gov. What should we do if our institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Does this apply to non-US organizations? Yes, this new requirement applies to all types of grantee organizations including foreign, non-profit,for profit as well as for state and Federal government agencies. Does this apply to non-competing progress reports? No. This new requirement applies only to competing applications. Are there any exceptions to the new DUNS number rules? Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Also individual Kirschstein-NRSA fellowships that propose training at Federal laboratories do not require a DUNS number. Who at my institution is responsible for requesting a DUNS number? Page 119 of 1161 56 This will vary from institution to institution.This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions.Typically this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included in any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number,contact the Dun& Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at 5 3omh. c , cv. Substitute Form W-9 For the purpose of this Agreement, a Sub-Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9.The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number(TIN),official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements,the State will not accept the Internal Revenue Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services.Vendors are required to register and submit a Form W-9 on the State's Vendor Website at t r c r �!2dd c: r a. Page 120 of 1161 57 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26, 2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision.The FFATA legislation requires information on Federal awards (Federal assistance and expenditures)be made available to the public via a single, searchable website,which is hftp://—wvv r. aspen i a vil„ The FFATA Sub-award Reporting System (FSRS)is the reporting tool the Florida Division of Emergency Management("FDEM"or"Division")must use to capture and report sub-award and executive compensation data regarding first-tier sub-awards that obligate$30,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a)(2)of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note:This"Instructions and Worksheet" is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion.All pertinent information below should be filled out, signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a sub- award (Agreement)that obligates $30,000 or more in Federal funds as described above. Please provide the following information and return the signed form to the Division as requested. PROJECT#: N/A–Leo not Cornplete FUNDING AGENCY: Federal Emer e icy Management Agency AWARD AMOUNT: $ OBLIGATION/ACTION DATE: SUBAWARD DATE (if applicable): DUNS#: DUNS#+4: *If your company or organization does not have a DUNS number,you will need to obtain one from Dun& Bradstreet at 866-705-5711 or use the web form (htltp:/1$'edgo .dnb.co /webfo� rn),The process to request a DUNS number takes about ten minutes and is free of charge. BUSINESS NAME: DBA NAME (IF APPLICABLE): _ PRINCIPAL PLACE OF BUSINESS ADDRESS: ADDRESS LINE 1: Page 121 of 1161 58 ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** PARENT COMPANY DUNS#(if applicable): CATALOG OF FEDERAL DOMESTIC ASSISTANCE(CFDA#): DESCRIPTION OF PROJECT(Up to 4000 Characters) I Complete eligible g' P_ rojects for repair or replacement of Disaster damaged facilities. PRINCIPAL PLACE OF PROJECT PERFORMANCE (IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS): ADDRESS LINE 1: ADDRESS LINE 2: ADDRESS LINE 3: CITY STATE ZIP CODE+4** CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: **Providing the Zip+4 ensures that the correct Congressional District is reported. EXECUTIVE COMPENSATION INFORMATION: 1. 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide)receive (a)80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320; , (b)$25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts(and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.)subject to the Transparency Act? Yes❑ No ❑ If the answer to Question 9 is "Yes,"continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches,and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is "Yes," move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at http//www.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No" FFATA reporting is required. Provide the information required in the"TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR" Page 122 of 1161 59 appearing below to report the "Total Compensation"for the five (5) most highly compensated "Executives", in rank order, in your organization. For purposes of this request, the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "_Executive"is defined as'officers, managing partners, or other employees in management positions". "Total Compsensation"is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans.This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments,value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion ) Rank Total Compensation (Highest to Name for Most Recently µ Lowest) (Last, First, MIS Title Completed Fiscal Year 1 ... . 3 _ 4 - __.. _..... . THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACCURATE. SIGNATURE: NAME AND TITLE: DATE: Page 123 of 1161 60 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to 2 CFR Part 200. It is the responsibility of the sub-recipient to include the required provisions. The Division provides the following list of sample provisions that may be required: Page 124 of 1161 61 Pt.200,App.II 2 CFR Ch.If(1-1-17 Edition) agency's Federal awards may include, Pro- awarding agency should consider approaches viding this Information lets a potential ap- such as giving: plicant identify any requirements with 1.Points of contact who may be reached in which it would have difficulty complying if multiple ways(e.g.,by telephone,FAR,sad! Its application is successful.In those cases, or email,as well ae regular mail), early notification about the requirements al- d1. A fax or email address that multiple lows the potential applicant to decide not to People access,no that someone will respond apply or to take needed actions before re- even If others are unexpectedly absent dur- ceiving the Federal award. The announce- ing critical periods, ment need not include all of the terms and iii.Different contacts for distinct kinds of conditions of the Federal award, but may help(e.g.,one for questions of programmatic refer to a document(with information about content and a second for administrative how to Obtain it)Or Internet site where ap- questions). plicauts can see the terms and conditions.If H.OTHER%1dFORMATdoN--0PT1oxaL this funding opportunity will lead to Federal awards with some special terms and condi- This section may include any additional tions that differ from the Federal awarding information that will assist a potential ap- agency's usual(souvntimes called"general") plicant.For example,the section might: terms and conditions, this section should I.Indicate whether this is a new Program highlight those special terms and conditions. or a one-time initiative, Doing so will alert applicants that have re- IL Mention related programs or other up- ceived Federal awards Brom the Federal coming or ongoing Federal awarding agency awarding agency previously sad might not funding opportunities for similar activities. otherwise expect different terms and condi- dip.Include current Internet addresses for tion. For the same reason, the announce- Federal awarding agency Web sites that may nuant should inform potential applicants be useful to an applicant in anderstanding about special requirements that could apply the program, to particular Federal awards after the review iv.Alert applicants to the need to identify of applications and other information,based proprietary infarmation and inform them on the particular circumstances of the effort about the way the Federal awarding agency to be supported(e.g,,if human subjects were will handle it. to be involved or if some situations may jus- v.Include certain routine notices to appli- tify special terms on intellectual property, cants(e.g.,that the Federal Government is data sharing or security requirements). not obligated to make any Federal award an 3. Reporting—Required. This section must a result of the announcement or that only Include general information about the type grants officers can bind the Federal Govern- (e.g., financial or performance), frequency, ment to the expenditure of funds), and means of submission (paper or elee- I78 FR 48608,Dec.26,2013,as amended at 80 Ironic)of post-Federal award reporting re- FR,43310,July 22,2016] quiraments.Highlight any special reporting requirements for Federal awards under this .APPENDIX IT TO PART 200--CONTRACT finding opportunity that differ(e.g.,by re- PROVISIONS FOR NON-FEDERAL,ENTI- port type, frequency, forniffornim, or smes cir- TY CONTRACTS UNDER FEDERAL cutancfor use)from what the Federal awarding agency's Federal awards usually AWARDS require.Federal awarding agencies must also %n addition to other provision required by describe is this section all relevant require- the Federal agency or non-Federal entity,all ments such an those at 2 CFR 160,335 ami 2 Contracts made by the son-Federal entity CFR 160.350. under the Federal award mast contain provi- If the Federal share of say Federal award sdon covering the following,as applicable, may include more than$500,000 over the pe- (A)Contracts for more than the simplified riod of performance, this section must fn- acquisition threshold currently set at form potential applicants about the post $150,000, which in the inflation adjusted award reporting requirements reflected in amount determined by the Civilian Agency Appendix XII—Award Term and Condition Acquisition Council and the Defense Acquisi- for Recipient Integrity and Performance tion Regulation Council (Councils)as au- Mattera. thorized by 41 U.S.C.1908,must address ad- G.FEDERAL AWARDING AGENCY CONTACT(H)— ministrative,contractual,or legal remedies REQUIRED in instances where contractors violate or breach contract terms,and provide for such The announcement mast give potential ap- sanctions and penalties as appropriate. pUcaats a points)of contact for answering (B)All contracts in excess of$10,000 must question or helping with problems while the address termination for cause and for con- funding opportunity is open. The intent of venience by the non-Federal entity including this requirement is to be as helpful as poo- the manner by which it will be effected and sible to potential applicants,so the Federal the basis for settlement. 200 Page 125 of 1161 62 OMB Guidance Pt.200,App.11 (0) Equal Employment Opportunity. Ex- Part 5).Under 40 U.S.C.3702 of the Act.each cept as otherwise provided Linder 41 CPR contractor must be required to compute the Part OD, all contracts that,meet the defini- wages of every mechanic and laborer on the tion of"federally assisted construction con- basis of a standard work week of 40 hours. tract"in 41 CFR Part 604.3 most•include the Work In excess of the standard work week is equal opportunity clause provided under 41 permissible provided that the worker is com- CPR 60-1.4(b),in accordance with Executive penmted at a rate of not less than one and a Order 11246, "Equal Employment Oppor- half times the basic rate of pay for all hours tunity"(30 PR 12319,12935,3 CPR Part,1964- worked in excess of 40 hours in the work 1965 Comp.,p.339),as amended by Executive week.The requirements of 40 U.S.C.3704 are Order 11376, "Amending Executive Order applicable to construction work and provide 11246 Relating to Equal Employment OPPDr- that no laborer or mechanic most be re- timity,"and implementing regulations at 41 quirod to work in surroundings or under CPR part GD, "Office of Federal Contract working conditions which are unsanitary, Compliance Programs, Equal Employment hazardous or dangerous.These requirements Opportunity,Department of Labor." do not apply to the purchases of Supplies or (Dr)Davis-Bacon Act,as amended(40 U.S.C. materials or articles ordinarily available on 3141-3148).When required by Federal program the open market,or contracts for trampor- legislation,all prime construction contracts tation or transmission of intelligence. in excess of 32,000 awarded by non-Federal (F) Rights to Inventions Made Under LL entities must,Include a provision for compli- Contract Or Agreement.If the Federal award once with the Davis-Bacon Act (40 U.S.C. meets the definition of"funding agreement" 3141-3144, and 31464148)as supplemented by under 37 CPR§401.2(a)and the recipient or Department of Labor regulations (29 CPR Hubrecipient wishes to enter into a contract Part 5, "Labor Standards Provisions Appli- with a small business firm or nonprofit arga- cable to Contracts Covering Federally Fi- nization, regarding the substitution of par- oanced and Assisted Construction"). In ac- ties, assignment or performance of experi- cerds,11ce with the statute,contractors most mental, developmental, or research work be required to pay wages to laborers and me- under that"funding Weenlent,"the recipi- chamics at,9,rats not•less than the prevailing ent,or subreelpient,must comply with the re- wages specified in a. wage determination quireineuts of 37 CPR Part 401,"Rights to In- made by the Secretary of Labor.In addition, vent-ions Made by Nonprofit. Organizations contractors must be required to pay wages and Small Business Firms Under Govern- not less than once a,week.The non-Federal mant Grants, Contracts and Cooperative entity must place a copy of the current pre- Agreements,"and any implementing regala- vaning wage determination issued by the De- tions issued by the awarding agency. partment of Labor in each solicitation.The (0)Clean Air Act(42 U.S.C.7401-7671q,)and decision to award 9,contract or subcontract the Federal Water Pollution Control Act(33 must be conditioned upon the acceptance of U.S.C.1251-1387),as amended—Contracts and the wage determination.The non-Federal en- subgrants of amounts In excess of $150,000 tity must report all suspected or reported must contain a.provision that requires the violations to the Federal awarding agency. non-Federal award to agree to comply with The contracts must also include a provision all applicable standards, orders or regula- for compliance with the Copeland "Anti- tions issued pursuant to the Clean An-Act Kickback" Act (40 U.S.C. 3145), as supple- (42 U.S.C.7401-7671q)and the Federal Water monted by Department of Labor regulations Pollution Control Act as amended(33 U.S.C. (20 CPR Part 3, "Contractors and Sub- 1251-1381).Violations must be reported to the contractors on Public Building or Public Federal awarding agency and the Regional Work Financed in Whole or in Part by Loans Office of the Environmental Protection or Grants from the United States").The Act Agency(EPA). provides that each contractor or sub- (H)Debarment and Suspension(Executive recipient must be prohibited from Inducing, Orders 12549 and 12689)--A contract sward by any mean--,any person employed In the (see 2 CPR 180.220)must not be made to par- construction,completion,or repair of public ties listed on the governmentwide exclusions work,to give up any part of the conwensa- in the system for Award Management tion to which he or she is otherwise entitled. (SAM), in accordance with the OMP guide- The non-Federal entity must report 211 Bus- lines at 2 CPR 100 that implement Executive pected or reported violations to the Federal Orders 12549(3 CPR part 1986 Camp.,P.189) awarding agency. and 12689 (3 CFR part 1989 Comp., p. 235), (E) Contract Work Hours and Safety "Debarment and Suspension," SAM Exclu- Standards Act (40 U.S.C. 3701-3700). Where sions oontainB the names of parties debarred, applicable,01 contracts awarded by the non- suspended, or otherwise excluded by agen- Federal entity in excess of$100,000 that in- cies, as well as parties declared ineligible volve the employment of mechanics or labor- under statutory or regulatory authority ere must include a provision for compliance other than Executive Order 12549. with 40 U.S.C.3702 and 3704,as supplemented (1) Byrd Anti-Lobbying Amendment (31 by Department of Labor regulations(29 CFR U.S.C. 1352}—Coutxwtors that. apply or bid 201 Page 126 of 1161 63 Pt.200,App.111 2 CFR Ch.11(1-1-17 Edition) for an award exceeding$100,000 must file the accounting treatment may include it in the required certification.Each tier certifies to Instruction function. the tier above that it will not and has not. (2)Detiartnaental research means research, used Federal appropriated funds to pay any development and scholarly activities that person or organization for influencing or at- are not organized research and, con- tempting to Influence an officer or employee sequently,are not separately budgeted and Of any agOn0Y,a member of Congress,officer accounted for. Departmental research, for or employee of Congress,or an employee of a Purposes of this document,is not considered 11191uh6l'Of Congress in connection with ob- as A major function,but as a Part of the in- taining any Federal contract,great or any struction function of the institution. other award covered by 31 U.S.C.1352,Each (3)Only mandatory cost sharing or cost tier must also disclose any lobbying with sharing specifically committed in the project nun-Federal funds that takes place in son- budget must be included in the organized re- section With obtaining any Federal award. search base for computing the Indirect(P&A:) Such disclosures are forwarded from Mer to cost rate or reflected in any allocation of in- tier 111)to the non-Federal award. direct ousts. Salary coats above statutory (J)See 1200.322 Procurement of recovered litnifts are not considered cost.sharing. materials, b. Organized research nisans, all research and development activities of an institution [78 FR 78608,Dec.26,2013,as amended at 7D that,are separately budgeted and"counted VR 75888,Dec.19,2014] for.It Includes: (1)SIX"nsOred research Means all research APPENDix III To PART 200—INDIRECT and development activities that are, spon- (F&A) COSTS IDENTIFICATION AND sared by Federal and non-Federal agencies ASSIGNMENT,AND RATE DETERMINA- and organizations.This term includes atldvi- TION FOR INSTITUTIONS OF HIGHER ties involving the training of individuals In EDUCATION(IIIES) research techniques (commonly called re- search training)where such activities utilize A.Grl=Ab the same facilities as other research and de- velopment activities and where such activi- This appendix provides criteria for Meet]- ties are not included In the instruction func- iving and computing indirect (or indirect, tion. (MAD rates at IHEs(institutions).Indirect (2) University research means all roscszrcb (P&A)costs are these that are incurred for and development activities that are sap.- common or joint, objectives and therefore rately budgeted and accounted for by the In- cannot be identified readily and specifically siltation under am interval application of in- with a Particular sponsored project, an in.. stitutional funds. Univerally research, for structional activity, or any other instita- Purposes of this document, must be com- Manal activity. See subsection 8.1,Defini- bined with sponsored research under the tion of Facilities and Administration,for a, function of organized research. discussion of the components of indirect c.Other sponsored activities means programs (P&A)coats. and projects financed by Federal and non- Federal agencies and organizations which in- 1.Major Functions afan Institution vOlve the performance of work other than In- traction and organized research.Examples Refers to instruction,organized research, tf such programs and Projects are health other sponsored activities and other inatitu- service projects and community service pro- tional activities m defined in this section: grams.However,when any of these activities a. Ins2TUCtim means the teaching and are undertaken by the institution without to"t"ing activities Of an institution.Except, outside support, they may be classified as for research training as provided in sub- other institutional activities. section b,this term includes all teaching and d.Ofhrsr institutional activities means all se- training activities,whether they are offered tivitlGQ of an institution except for instruc- tor credits toward a degree or certificate or tion, departmental research, organized re- on a non-credit,basis,and whether they are search,and other sponsored activities,as de- Offered through regular academic depart- fined in this section;indirect(F&A)cost ac- MOUtO Or separate divisions,such as a sum- tivities, identified in this Appendix Para- mer school division or an extension division, graph B,Identification and assignment of In, Also considered pact of this major function direct(F&A)costs;and specialized services are departmental research. and, where facilities described in IMAGO Specialized agreed to,university research, service facilities of this Part. (1)Sponsored instruction and training means Examples of other institutional activities specific instructional Or training activity es- include operation of residence halls,dining tablished by grant,contract,or cooperative balls,hospitalp,and clinics,student unions, agreement. For purposes of the cost prin- Intercollegiate athletics,bookstores,faculty ciples, this activity may be. considered a housing, student apartments, guest houses, major function even though an institution's chapels,theaters,Public maseums,and other 202 Page 127 of 1161 64 Attachment J DHS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where Grantees/Recipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small, minority,and women's owned firms were all given fair consideration. 4. Improper"cost-plus-a-percentage-of-cost"contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1, 2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMA/State agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges (applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.)that can be readily retrieved. Page 128 of 1161 65 • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.)and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the"Scope of Work." I acknowledge that I have received a copy of, and have been briefed on,the above DHS OIG Audit Issues. s o Sub-Recipi nt Ancy Date Signature e-1 '' Printed Name &Title Page 129 of 1161 66 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ]ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance,complete the following chart and line item justification below. BUDGET CATEGORYILINE ITEMS 20_-20_Anticipated Expenditures for First Three Months (list applicable line items) of Agreement Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed justification). TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term.Support documentation should include quotes for purchases,delivery timelines, salary and expense projections, etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term.Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier, 2555 Shumard Oak Boulevard,Tallahassee, Florida 32399, within thirty(30)days of receipt, along with any interest earned on the advance). Page 130 of 1161 6.C. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-141 -Approve and authorize the City Manager to sign a land use agreement between the City of Boynton Beach and Ocean One, LLC for the International Kinetic Art Exhibit& Symposium to be held February 1-3, 2019. EXPLANATION OF REQUEST: The City plans to use the Ocean One, LLC property to install an indoor exhibition tent, a kinetic art pad and utilize the existing parking for the Feb. 1-3, 2019 International Kinetic Art Exhibit& Symposium weekend event. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? While the City's Town Square is under construction this site will provide the best needs for the temporary expansion of the weekend kinetic art event. FISCAL IMPACT: Budgeted The Feb.1-3, 2019 International Kinetic Art Exhibit& Symposium has included budgets for an indoor exhibition installation. ALTERNATIVES: Not approve the land use agreement between the City of Boynton Beach and Ocean One, LLC for the Feb 1-3, 2019 International Kinetic Art Exhibit& Symposium. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 131 of 1161 ATTACHMENTS: Type Description D Resolution Resolution approving the Land Use Agreement with Ocean One for Kinetic Art Exhibit D Agreement Agreement for Land Use with Ocean One LLC for Kinetic Art Exhibit Page 132 of 1161 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A LAND USE AGREEMENT WITH OCEAN 7 ONE,LLC.,FOR THE INTERNATIONAL KINETIC ART EXHIBIT 8 & SYMPOSIUM TO BE HELD FEBRUARY 1-3, 2019; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS,the City plans to use the Ocean One, LLC., property to install an indoor 13 exhibition tent, a kinetic art pad and utilize the existing parking for the Feb. 1-3, 2019 14 International Kinetic Art Exhibit& Symposium weekend event; and 15 WHEREAS,While the City's Town Square is under construction this site will provide 16 the best needs for the temporary expansion of the weekend kinetic art event; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve 19 and authorize the City Manager to sign a Land Use Agreement between the City of Boynton 20 Beach and Ocean One LLC., for the International Kinetic Art Exhibit & Symposium to be 21 held February 1-3, 2019. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission hereby approves and authorizes the City 28 Manager to sign a Land Use Agreement between the City of Boynton Beach and Ocean One 29 LLC., for the International Kinetic Art Exhibit& Symposium to be held February 1-3, 2019. C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2BF97AF0-3B28-49AD-8405-E1B64AD2325E\Boynton Beach.12711.1.Land Use_Agreement with Ocean_One for Kinetic Art Exhibit -_Reso.docx Page 133 of 1161 30 A copy of the Agreement is attached hereto as Exhibit"A." 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of , 2018. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Vice Mayor— Christina L. Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner—Joe Casello 46 47 VOTE 48 ATTEST: 49 50 51 52 Judith A. Pyle, CMC 53 City Clerk 54 55 56 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\2BF97AF0-3B28-49AD-8405-E1B64AD2325E\Boynton Beach.12711.1.Land Use_Agreement with Ocean_One for Kinetic Art Exhibit -_Reso.docx Page 134 of 1161 AGREEMENT FOR USE OF PROPERTY THIS AGREEMENT FOR USE OF PROPERTY ("Agreement") is made this _ day of , 2018, by and between the City of Boynton Beach ("City"), and Ocean One Boynton LLC its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property described in Exhibit B, (the "Property"); and WHEREAS, the City desires to use the parking lot at Property for an event taking place from January 21, 2019—February 14, 2019 (the "Event"); WHEREAS, Owner desires to permit the City to use the Property for the Event; NOW,THEREFORE,for the mutual covenants and matters set forth herein,as of the date set forth above, the parties hereby agree as follows: 1. Foregoing Whereas clauses are incorporated as if fully set forth herein. 2. Owner agrees to allow the City to enter onto the Property for any and all uses related to the Event on the dates and times specified in the attached Exhibit A. 3. Owner agrees that the City shall be allowed to use the Property pursuant to this Agreement free of charge. 4. The City represents and acknowledges that: a. Its activities and all participants are properly covered by appropriate insurance; b. The City shall be responsible for any injuries to its employees,agents,contractors, guests, invitees,and third parties occurring on the Property for the Event and any other dates/times as set forth in Exhibit A; C. The City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event. d. The City shall also be responsible for its own negligence. e. To the extent permitted by law, and subject to the limitations of section 768.28. Florida Statutes, the City shall defend and indemnify and hold harmless the Owner from all claims, suits, causes of action or any claim whatsoever made by any party arising from the City's own negligence or City's own activities on the Property during the dates specified in Exhibit A. Nothing in this paragraph or in this Agreement is considered a waiver of sovereign immunity by the City. 5. Owner hereby acknowledges and agrees that Owner shall receive no compensation from {00252993.2306-9001821} Page 1 of 5 Page 135 of 1161 the City in return for permitting the City to use the Property as provided for in this Agreement. 6. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated into this Agreement. No modification or change to this Agreement shall be valid or binding upon the Parties unless in writing, executed by the Parties to be bound thereby. 7. This Agreement shall expire on February 14, 2019. 8. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. 9. By execution of this Agreement, in accordance with the requirements of F.S. 287- 135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH By: Print Name: Title: (SEAL) {00252993.2306-9001821} Page 2 of 5 Page 136 of 1161 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that in this day before me, an officer duly qualified to take acknowledgements, personally, appeared , as of the City of Boynton Beach who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12018. NOTARY PUBLIC My Commission Expires: ATTEST: OCEAN ONE BOYNTON LLC By: Print Name: Title: (SEAL) STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgements, personally, appeared I as of who is personally known to be the person described in, or who produced as identification, and who executed the foregoing and acknowledged before me that he executed the same. WITNESS my hand and seal in the Count and State aforesaid on this day of 12018. NOTARY PUBLIC My Commission Expires: {00252993.2306-9001821} Page 3 of 5 Page 137 of 1161 Exhibit"A" 1. Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event at any time from January 21, 2019 through and including February 14, 2019. 2. In addition to the dates and times listed above, the City will access the Property to perform maintenance and site preparation (including lawn mowing and light tower placement) before the Event. This access may occur anytime between October 2, 2018 and January 21, 2019, and may occur over multiple days. a. The City will provide 24 hours' notice to Owner prior to entering the Property, and will only perform maintenance and site preparation activities between the hours of 8:30 a.m. and 5:30 p.m. 3. The City may install tents on the Property for the Event. a. The City may install stakes in the existing parking lot for purposes of erecting the tents. 4. The City may build and install a cement kinetic art pad on the Property, either in front of the parking lot or the grass area of the property along Federal Hwy. a. Upon notice from the Owner, the City will move or remove the kinetic art within 10 business days. b. The City agrees to accept responsibility for any damage to or loss of the art. {00252993.2306-9001821} Page 4 of 5 Page 138 of 1161 Exhibit "B" The Property consists of the following properties: Location Parcel No. 114 N. Federal Hwy 08-43-45-27-01-000-0410 {00252993.2306-9001821} Page 5 of 5 Page 139 of 1161 6.D. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-142-Authorize the City Manager to sign the second amendment and second memorandum to solar lease and easement agreement. Both are between the City of Boynton Beach and Florida Power & Light Company for a perpetual easement supporting the solar tree and canopies at Ocean Front Park. EXPLANATION OF REQUEST: On January 17, 2017 the Commission authorized Resolution No. R17-006, which allowed the City Manager to execute an easement agreement to install a solar array at Boynton Beach Oceanfront Park. The agreement was executed on April 3rd, 2017. On June 6, 2017 the Commission authorized Resolution No. R17-052, which allowed FPL to install the solar canopies at Ocean Front Park. The City Manager signed the first amendment on August 15, 2017, which added an additional easement for the solar tree. Now that construction is almost complete, the second amendment adds the easements for the solar canopies. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 140 of 1161 ATTACHMENTS: Type Description Resolution Resolution approving Second Amendment to Solar Lease and Easement Agreement D Attachment Attachment 1 ® 2nd Amendment to Solar Lease and Easement Agreement Attachment Attachment 2 ® 2nd Amendment to the Memorandum Page 141 of 1161 1 RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A 5 SECOND AMENDMENT AND SECOND AMENDMENT TO 6 MEMORANDUM TO SOLAR LEASE AND EASEMENT 7 AGREEMENT WITH FLORIDA POWER & LIGHT TO ENABLE 8 INSTALLATION OF A SOLAR TREE AT BOYNTON BEACH 9 OCEANFRONT PARK;AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on January 17, 2017 the City Commission approved an Easement 12 Agreement to install a solar array at Boynton Beach Oceanfront Park; and 13 WHEREAS, now that construction is almost complete the Second Amendment 14 adds the easements for the solar canopies. 15 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 17 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 18 being true and correct and are hereby made a specific part of this Resolution upon adoption 19 hereof. 20 Section 2. The City Commission of the City of Boynton Beach, Florida does 21 hereby authorize the City Manager to sign a Second Amendment and Second Amendment to 22 Memorandum to Solar Lease and Easement Agreement with Florida Power& Light to enable 23 installation of a Solar Tree at Boynton Beach Oceanfront Park, a copy of which is attached 24 hereto as Exhibit"A". 25 Section 3. This Resolution will become effective immediately upon passage. 26 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\606652EC-15D5-443C-94D1-817A354B9A9E\Boynton Beach.12694.1.Second_Amendment To Solar Lease_And Easement Agmt (FPL_Oceanfront Park)_-_Reso.Docx Page 142 of 1161 27 PASSED AND ADOPTED this day of , 2018. 28 29 30 CITY OF BOYNTON BEACH, FLORIDA 31 32 YES NO 33 34 Mayor— Steven B. Grant 35 36 Vice Mayor— Christina L. Romelus 37 38 Commissioner—Mack McCray 39 40 Commissioner—Justin Katz 41 42 Commissioner—Joe Casello 43 44 45 VOTE 46 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 56 (Corporate Seal) 57 58 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\606652EC-15D5-443C-94D1-817A354B9A9E\Boynton Beach.12694.1.Second_Amendment To Solar Lease_And Easement Agmt (FPL_Oceanfront Park)_-_Reso.Docx Page 143 of 1161 SECOND AMENDMENT TO SOLAR LEASE AND EASEMENT AGREEMENT THIS SECOND AMENDMENT TO SOLAR LEASE AND EASEMENT AGREEMENT ("Amendment") is made and entered into this day of , 2018, by and between the City of Boynton Beach, a municipal corporation under the laws of the State of Florida ("Lessor") and Florida Power & Light Company, a Florida corporation ("Lessee"). Recitals WHEREAS, Lessor and Lessee entered into that certain Solar Lease and Easement Agreement effective April 3, 2017, as amended by that certain Amendment to Solar Lease and Easement Agreement effective August 15, 2017 (collectively, "Agreement"); and WHEREAS, Lessor and Lessee wish to amend the Agreement as more specifically set forth herein. NOW, THEREFORE, for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties, it is mutually agreed as follows: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by this reference. All initially capitalized terms not otherwise defined in this Amendment shall have the same meaning ascribed to such terms in the Agreement. 2. Demised Premises. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with the following new Exhibit B, attached hereto and made a part hereof by this reference. All references to Demised Premises in the Agreement shall mean the real property described on the Exhibit A attached to this Amendment. 3. No Further Modifications. Except as expressly modified by this Amendment,the Agreement remains in full force and effect and is unmodified. In the case of any conflicts between the terms of the Agreement and this Amendment, the terms of this Amendment shall control. This Amendment may be executed in several counterparts, each of which shall be deemed an original but together shall constitute one agreement. [Signatures appear on following page.] 1 Page 144 of 1161 IN WITNESS WHEREOF, Lessor and Lessee has hereunto set its hands and affixed its seals as of the date first above written. Witness: LESSOR: City of Boynton Beach, a municipal corporation under the laws of the State of Print Name: Florida By: Print Name: Print Name: Title: 2 Page 145 of 1161 Witness: LESSEE: Florida Power& Light Company, a Florida corporation Print Name: Timothy Oliver, Vice President of Corporate Real Estate Print Name: 3 Page 146 of 1161 EXHIBIT B Depiction of the Demised Premises 1. Oceanfront Park (6415 N. Ocean Boulevard, Boynton Beach, Florida 33435): LEGAL DESCRIPWN. A Leased Area being on a ponmucif Section 22,Township 45 South,Range 43 East of Palm Beach County Florida.Said ponuansbBing,Snore partici flarly described as follow, Parcel 1: SOLAR ARRAY AREA A SdarAff-&y�Area beingona port ionmof Semon 22joWrtihip 455Wb,Range 43 East of Pel ll BeWhCoUntVflOrida,Said motion feeing more par ticulafflydaicribed; as follows: Commence at the int ion Of the North line of Sakith 966.93 feet Of Government Lot 5,SediOn 22,Township 45so^Ra 43 East and fast Right of Way line of CCEAN,BOULEVARD,mid cn being on a circiar curve concame to the Niartlswest and bearing 5 84'36'26"E from the center cf said curve,theme sautinviesterly a distance of 277117 feet along the arc of 993.03 feet radius curve through a central angle of IV,09'39'along of said,rr Right of'Way line;thence S 21'33'13-61,a distance of 2,71.92 feet;, tfience 5 67313'33"E.a distance of,245.54 feet to the Point of Beginning,thence 5 91''32'11"E,a distance of 4100 fes;thence 5 S'27'49®W,a distance of 2 GD.00 feetx them N 81®32'11'W,a,distance of 43M feet;the mice N a'27'49'E,a distance of 26 0.00 feet to the Point of Bely,,nning. Containing 111M.00 square feet or 0-257 acres more or less. and Parcef 2: AMEss ARRA: A 16 feel acnes kea to a"�rSL and IfUirwtaie,the Solar AtraWbtriq bn a pomiun uf Section 21,Tuwmblp 45 South,R&PAis,43 East of Palm mact County Ficlida,Said Area heing more particulaWN described as fallom: A 164�' w&surio af land 8 feet an each s1&of the Wowing descrlbed centerline: Oanim&ice at the intenettim al Me North line,,if South 996.93 feet of Gueernnwit La t 5.,Seifbi)h 22, N.Yanship AS South.11,arigv 43 East and Easy RIOA ol'Way 1111C, ul OCEAN BOULEVARD,said being 0A a dftulaf i;LWYIE UYIC2ve W tlli?,NOrnt*Et and be&YIng S 94'36'2103'E froril the center of said carve;they SaUth*eStefly a,NAMNU of 25.15 feet along the arc of 583-03 feet radiw turve threugtt,a central angle Of 1'2715V aii)hg Of Said West Rielt Of Way line to the Point of Begirinit%j, tfiemr souzfiea telly Of,a Lift'alar curve Wfka�e to the NjitheM&and beAriq 5 30'11'S7"W frotp trie center of graid,curve,,a distance ul fiel alung die ai c al 63-63'feet r3diusauve duough a central LNI,4)e at 46'24'02';thence vjuthea&120y an a daular curve canLawe ta the uMhwem a distance of 1.20-54 stere of I 0 12h a ot!titj M angle of 113"54"W; 5 43 r 2" D'W.a diatistce M.05 fie i; ti- awitce south*12y W�aeet Cdong the ars O�6D.63 lett radias EijfVer1foug dreulm wrve Emcave the natiftwest a dis"ance&9230 I'm Atiq tjW am of 230.00 feet radius curve illrougi a tentral aftgle L4 2T38 11',ffience S 28'12`41' W,a dfaarice of 55,51 feet;thence southwesterly art a c1mulal,Large mmave ta the southeast a distance of 91.46 feet alot,+the xe of 197.30 feet radfia,;curve tlauqgh&Central AM&&I 27"Seau";litence sautliWftI&IM an a dradar curve concave m.Me somu*ast a dMance of 93.02 feet along the ine of 235.42 feet fa un curve flif ough A Central mgle of 22"21'°13";thenLe southeasiefly art a circular t,.ur,.*concave to the southwem-a diltafte of 45.45 feet alOWIg Lte,WL of 85.14 6-let radio,cum thra%gh a cmtral ang,b--of 3035'02", Then re 5 T27'496'SW„a distance of 2711 feet I&,tj�p6nj CAL Tenli,nation contaipi"rg 1557Q.16 SqUaier feet Or 0.357 acres mince rjrie�, . Pariel,3: INTEROONNECROM AREA A ID feet interconnection Area for Fft Mf tin to the filar k7ay being on a portion of Section 22,Tar ulliq A5 South,Range 4,3 East of PaIM Bead,CCUnty Florida.Said mea being mom part arty described as follows: A III feet wide strr.p of land 5feet an each side of the fullbAing,descr6ed.cenwine: Ccmrnuice at theintersectica of the North line of South 9M.93 feet Of GCNernMEM Lot 5,Sectkm 22,Tovrnshig 45 South,Range43 East and West Right ol Way Ike Of OCEAN BOULEVARD,said htesection being on a circWar curve corKave to the Northwest and bearings W 36 2V'E from the center of said cwAj thence southwesterly a distame of 277..27 feet atongthe arc of 993.03 feet radius curve through a central an&of 16'09'3T atong of said West Right of Way I*thence 5 21°331&w,a disunce of 271.92 feet; thence SAI®49'L7'II E,a distance of 469.64 feet to the Point of Beginning,thence N EM'57'21"E,a Cl of 87 go stance feet; thence 5 41'052r U E,a distance of 1 .40 feet to the Mitt of Termination. 4 Page 147 of 1161 EXHIBIT B (continued) CoMaining2362.91 squarefeet or n54xres nioreorless,and A 113,feet mterrionnectiffl,Area for Fvi ommedion to the Solar Array being on a portion of Section 22,T 45 South,RaW 43 East of Palm Beach Qx0ty Florida.Said Area being more part lciilariy descKbed as Follows: A 10 feet Mde strip of land 5 feet on each side of the folkyd-ng described centefline: Cornmeme at the intersection of the North line of South,906,93 feet of Government Lot 3,Section 4 7aivnship 45 5atifth,Range,43 fag andwest Right ofMV line- of OCEAN BouuEvARD,said intersection being on a dradar tune awT*to the Northwest and bearing 5 W 36!26'E frim the center of mid curve;thence satftweesterly a distance of 277.27 feet along the arc of 983.03 fee radius curve thraigh a central ante of 16'09'3 'a1mg of saidwest Right of way, lir&,theme S 21'-13.'13"W.a ckstaince of 27122 feet; theme 5 4"49!12"E,a distance of 469.64 feet to the Point of Beginnimg,thence 5 23'57'W W,a distance of 130,30 feet to the Point of Termination on EastRight of Way Uned Ocean Boulevard., CoMiffuTg 1382.0 square feet or 0.032 acres more or less Parcel 4: SOLAR ARRAY ARIEA A Solar ATray Mea being an apytion,of'seetia,rn 22,Township 45 South,Range 43 East of Palm Bach!County Flor&.Said pori:Jan being more particularly described as folliows: Commenze at the intersection of the North Im of Sad 996.93 feet of GT4emmerit Lot 3,Sechon 4 Tomirip 45 5=h,Range 43 East and East Right of Way lire of OCEAN BOULEVARD,said intersection being on it ordar cum comave to the Northwast and bearing 5 OX 36 20'E from tete center cf said cwA;thence southwesterly a disiance d 82.19 feet along#*am of 963.G3 feet radius one through it central ar4e of 4�'47'27"along of said west Right of way Ike,theme S 79':9 51'Ep a diMr.10e,of 143..22 feet to the Point of Begartirtg.theme ;u'1T'3{r E,a dmice of 43.E feet, thence,5 7*C 313"W,a&tance C4 235,00 feet; dWKe N 32`'17'3d'w,adistance of 43.00 fee;theme U,7'42'31"E,a distance of 235.Do feet to the Mat of segirink. CW.ahng 1005.00 squire feet ca G.232 acres more or less. Parcel 3: INTERCONNECTOON AREA A ID%et interonneCkn Area for Fft connection ta the s;o1w Amy being on a partion of5ection 22,Township 45 South,Range 43 East Of PalmB&-Kh, County Florida.said Area being more particulady d4oibed as follows: A 10 feet We strip of land 5feet on eachule.of the fol kywing described cenufl,ine.-, CarnmencE at the intersertionof the North licca,&South 926.93 feet cfGaoernment Lot 5,Sect�Dn22,TMffkSNp45.5,Mdh,Range 43 and West Rigfitofkne of OCEAN Bauuvm,said int ion being on a circ&ar curve ocricave,to the Northwest and bearing S W 36 26'E from the center of said curve thence =hwestefly a distamedII531 feet,along the arc of 903.03 feet radius curve through a central angle,of 8'43'16'along of,said West Right of my line;.t6e S 77'5V 1d'W'a distance of3.27 feettathe.Point d Beginnimig theme.58;r 19 42!E,a&Stance v1`147.9,1,feet to the Pointcif Temination. contiming 1479.14 Dquore fee or 0-D33 acres niore or less. Parcel 6: INTERCONNEMOR UfA A int connection, Area be%on,a portion of Section 22,Twmhip 45sodh,Range 43 East of Palm Mch county Florida.said portion being more particularly described asfollom:. Cwwneme at the mtersedon of the North line of RwIth 9W.93 feet of Govemnwnt Lot 5,Section 22,Towniship 45 SMh,Range 43 East and,We Nht of Way line of OCEAN BOULEVAPD,said intersectionbeing on a circular curve conrave to the North west and bearing 5 94'36 26'E from the cerMer of said curve-thence southwesterly a distance,of 277,.27 feet along the arc of 983,.03 firer radius curve throtigh a central angle of 16" `39°'along of,said VP-4 Right of way I°iw,;�WA S 21'33'1.3"W,a distance of 271-92 feet; theme S 7'le 56"W,a distance of 452.37 feet,to the PInt of Beginning,thence S V 38'35"VV,a distance of 40DO feedheM N M'21'25"W,a distance of 40.00,feet to the East Right of way Urie of ocean Wdevard-,thence N il ml 3511 E,a&game of 4o.00 feet",the said East Right of Way line of Ocean 13mlevard;therwe.5 83'21'25"E,a&-tarice of 40.00 feet to the ftint of Begintift OmUinirg 15M.,00 square feet of,M37 acres more or,less 5 Page 148 of 1161 EXHIBIT B (continued) aaw xw. Mal tra sra4e 4 41 4. j� ,akdXi y�u a. �7M1 I aL'1 Gr'• ". AREA �� sYt '" sees •s•e �y �y ,�9��{5ae .. w ,. �1L I�1 :.N.2.A .,...eFwYY���P�.E4Atl+FPet � 'p•' . GW a AREA LO' a Pi t: A i eS&. u P, A CCM ARE %.._X 15 .` A d3 s,.uaav�s r Jd9yf�FYEgRCOfSfA�PEmdk .. � AlF ��Ap`qpr MMI C�u 6 Page 149 of 1161 This Instrument has been prepared by or under the supervision of(and after recording return to): Seth S.Sheitelman,Esq. Florida Power&Light Company(LAW/JB) 700 Universe Boulevard Juno Beach,Florida 33408 SECOND AMENDMENT TO MEMORANDUM OF SOLAR LEASE AND EASEMENT AGREEMENT This Second Amendment to Memorandum of Solar Lease and Easement Agreement ("Memorandum")is executed and effective this day of ,2018 by and between the City of Boynton Beach, a municipal corporation under the laws of the State of Florida("Lessor") and Florida Power&Light Company, a Florida corporation ("Lessee"). RECITALS WHEREAS, Lessor and Lessee entered into a written Solar Lease and Easement Agreement effective April 3, 2017 ("Agreement"), as evidenced by that certain Memorandum of Solar Lease and Easement Agreement recorded June 7, 2017 in Official Records Book 29135,Page 1251 of the Public Records of Palm Beach County, Florida, and that certain Amendment to Memorandum of Solar Lease and Easement Agreement recorded September 6, 2017 in Official Records Book 29338, Page 676 of the Public Records of Palm Beach County, Florida as CFN 20170323702 (collectively, the "Memorandum"); and WHEREAS,Lessor and Lessee wish to amend the Memorandum as more specifically set forth herein. AGREEMENT NOW THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Lessor and Lessee hereby give record notice of the following: 1. Recitals. The foregoing recitals are true and correct and incorporated herein by reference. 2. Demised Premises. Exhibit B to the Agreement is hereby deleted in its entirety and replaced with the following new Exhibit B, attached hereto and made a part hereof by this reference. All references to Demised Premises in the Agreement shall mean the real property described on the Exhibit A attached to this Amendment. 3. No Further Modifications. Except as expressly modified by this Amendment, the Agreement remains in full force and effect and is unmodified. In the case of any conflicts between the terms of the Agreement and this Amendment, the terms of this Amendment shall control. This Amendment may be executed in several counterparts, each of which shall be deemed an original but together shall constitute one agreement. [Signatures and Acknowledgements Appear on Following Pages] Page 150 of 1161 IN WITNESS WHEREOF, Lessor and Lessee have executed this Memorandum on the date hereinabove written. Executed in the presence of: Lessor: City of Boynton Beach, a municipal corporation under the laws of the State of Florida By: Name: Name: Title: Name: ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF ) On this day of 2018,before me, the undersigned notary public, personally appeared , as of City of Boynton Beach, a municipal corporation under the laws of the State of Florida, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he/she executed the same on behalf of said city and that he/she was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Page 151 of 1161 Executed in the presence of: Lessee: Florida Power& Light Company, a Florida corporation Name: Timothy Oliver, Vice President of Corporate Real Estate Name: ACKNOWLEDGEMENT STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) On this day of 2018, before me, the undersigned notary public, personally appeared Timothy Oliver, as Vice President of Corporate Real Estate of Florida Power &Light Company, a Florida corporation, personally known to me to be the person who subscribed to the foregoing instrument or who has produced , as identification, and acknowledged that he executed the same on behalf of said corporation and that he was duly authorized so to do. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC, STATE OF FLORIDA Page 152 of 1161 EXHIBIT B Depiction of the Demised Premises 1. Oceanfront Park (6415 N. Ocean Boulevard, Boynton Beach, Florida 33435): LEGAL DESCRIPWN. A Leased Area being on a ponmucif Section 22,Township 45 South,Range 43 East of Palm Beach County Florida.Said ponuansbBing,Snore partici flarly described as follow, Parcel 1: SOLAR ARRAY AREA A SdarAff-&y�Area beingona port ionmof Semon 22joWrtihip 455Wb,Range 43 East of Pel ll BeWhCoUntVflOrida,Said motion feeing more par ticulafflydaicribed; as follows: Commence at the int ion Of the North line of Sakith 966.93 feet Of Government Lot 5,SediOn 22,Township 45so^Ra 43 East and fast Right of Way line of CCEAN,BOULEVARD,mid cn being on a circiar curve concame to the Niartlswest and bearing 5 84'36'26"E from the center cf said curve,theme sautinviesterly a distance of 277117 feet along the arc of 993.03 feet radius curve through a central angle of IV,09'39'along of said,rr Right of'Way line;thence S 21'33'13-61,a distance of 2,71.92 feet;, tfience 5 67313'33"E.a distance of,245.54 feet to the Point of Beginning,thence 5 91''32'11"E,a distance of 4100 fes;thence 5 S'27'49®W,a distance of 2 GD.00 feetx them N 81®32'11'W,a,distance of 43M feet;the mice N a'27'49'E,a distance of 26 0.00 feet to the Point of Bely,,nning. Containing 111M.00 square feet or 0-257 acres more or less. and Parcef 2: AMEss ARRA: A 16 feel acnes kea to a"�rSL and IfUirwtaie,the Solar AtraWbtriq bn a pomiun uf Section 21,Tuwmblp 45 South,R&PAis,43 East of Palm mact County Ficlida,Said Area heing more particulaWN described as fallom: A 164�' w&surio af land 8 feet an each s1&of the Wowing descrlbed centerline: Oanim&ice at the intenettim al Me North line,,if South 996.93 feet of Gueernnwit La t 5.,Seifbi)h 22, N.Yanship AS South.11,arigv 43 East and Easy RIOA ol'Way 1111C, ul OCEAN BOULEVARD,said being 0A a dftulaf i;LWYIE UYIC2ve W tlli?,NOrnt*Et and be&YIng S 94'36'2103'E froril the center of said carve;they SaUth*eStefly a,NAMNU of 25.15 feet along the arc of 583-03 feet radiw turve threugtt,a central angle Of 1'2715V aii)hg Of Said West Rielt Of Way line to the Point of Begirinit%j, tfiemr souzfiea telly Of,a Lift'alar curve Wfka�e to the NjitheM&and beAriq 5 30'11'S7"W frotp trie center of graid,curve,,a distance ul fiel alung die ai c al 63-63'feet r3diusauve duough a central LNI,4)e at 46'24'02';thence vjuthea&120y an a daular curve canLawe ta the uMhwem a distance of 1.20-54 stere of I 0 12h a ot!titj M angle of 113"54"W; 5 43 r 2" D'W.a diatistce M.05 fie i; ti- awitce south*12y W�aeet Cdong the ars O�6D.63 lett radias EijfVer1foug dreulm wrve Emcave the natiftwest a dis"ance&9230 I'm Atiq tjW am of 230.00 feet radius curve illrougi a tentral aftgle L4 2T38 11',ffience S 28'12`41' W,a dfaarice of 55,51 feet;thence southwesterly art a c1mulal,Large mmave ta the southeast a distance of 91.46 feet alot,+the xe of 197.30 feet radfia,;curve tlauqgh&Central AM&&I 27"Seau";litence sautliWftI&IM an a dradar curve concave m.Me somu*ast a dMance of 93.02 feet along the ine of 235.42 feet fa un curve flif ough A Central mgle of 22"21'°13";thenLe southeasiefly art a circular t,.ur,.*concave to the southwem-a diltafte of 45.45 feet alOWIg Lte,WL of 85.14 6-let radio,cum thra%gh a cmtral ang,b--of 3035'02", Then re 5 T27'496'SW„a distance of 2711 feet I&,tj�p6nj CAL Tenli,nation contaipi"rg 1557Q.16 SqUaier feet Or 0.357 acres mince rjrie�, . Pariel,3: INTEROONNECROM AREA A ID feet interconnection Area for Fft Mf tin to the filar k7ay being on a portion of Section 22,Tar ulliq A5 South,Range 4,3 East of PaIM Bead,CCUnty Florida.Said mea being mom part arty described as follows: A III feet wide strr.p of land 5feet an each side of the fullbAing,descr6ed.cenwine: Ccmrnuice at theintersectica of the North line of South 9M.93 feet Of GCNernMEM Lot 5,Sectkm 22,Tovrnshig 45 South,Range43 East and West Right ol Way Ike Of OCEAN BOULEVARD,said htesection being on a circWar curve corKave to the Northwest and bearings W 36 2V'E from the center of said cwAj thence southwesterly a distame of 277..27 feet atongthe arc of 993.03 feet radius curve through a central an&of 16'09'3T atong of said West Right of Way I*thence 5 21°331&w,a disunce of 271.92 feet; thence SAI®49'L7'II E,a distance of 469.64 feet to the Point of Beginning,thence N EM'57'21"E,a Cl of 87 go stance feet; thence 5 41'052r U E,a distance of 1 .40 feet to the Mitt of Termination. Page 153 of 1161 EXHIBIT B (continued) Caftaining2362AI squarefeet or GJ054acres more or less,and A,10,W interconnection Area forFill connection to the Solar Array being an a portion of5ection.22,Township 45 South,Range 43 East of Palm Beach:county Florida.said Area being more particularly diedbed as folloves: A if)feet wide strip of land 5 feet on each side of the fol kydrq described ceriterfine: canmeme at the intersection of the North line of South HEM feet of Guam,ment Lot 5,,,Section 4 7mahip 45 5afth,Range 43 fag and'i'Vest Right of,"line of OCEAN BautfvARD,said being on a circWar curie awT.A,to the Northweit and bearing 5 EX 36!26'E from the center of said cum;thence erly a distance of 27',T-27 feet along the arc of 983.03 fee radius curve thmigh a central ante of 16'09'39 alona of sailof wa�liw West Right , ,thence S 21'11'13"W.a distance of 271.92 feet; thence 5 4'49!12'E,a distance of 469.64 feet to the Point of Beginning,thence 5 836 57'11®W,a distance of 118,30 feet to the Point of Termination on EiIIR',�jft of Way brie of Omn Bouleard., CaMirikq 133227 square feet or GM2 acres more or less Parcel 4: SOLAR ARRAY ARRA A Sdaf Array Are being on 3 ponion oaf 22,Tvwnsho 45 South,Range 43 East of Palm Buda Quirity Florida.said Won being nwre particularly desdbed as fdbws: commeme at the intersection of the North Me of 996.93 feet of W4errirnent Lot 3,Sftton 222 TCMAip 45 5=h,Range 43 East and East Right of Way lire of OCEAN LMAD,said intersection being on a dircxilar cme comaye to the Northwest and bearing S 94.'36 20'E fromthe,center of said cwA-thence southwesterly a&tance Gf 82.19 fed along the an of 963.G3 feet radius ane through a off M4 ar4e of V47'27"along of said West Right of Way lkw,they S '79'19'51'Ep a distance of 14122 feet to the Point of Begnknirt&therice 5,L)'17'30'E,a mance of 43M feet, thence 5 7*AZ'M"W,a distance of 23500 feet; theme N 92'17'36'W,adistance of 431k fag;theme K 7'42'30'E,a distance of 235.00feat to the,Point of Beginning. Containisig 1005.00 squye feet or 9.232 acres more or lam. Parcel 5: lWrEACONNECDONARE4 A III feet interconnectim Area for FPi ommection to the Solar Anay being on a portion of 5e€ 22,Towwriship 45 Smith,Range 43 East of Palm Beach county Florida.Said Area being more particularfy d4scrilmf as follom: A IDAet We strip of land 5 feet on each side of the fol 'ng descrhed centerlinT., Commence at the intersection of the North line of South HEM,feet of Goverriffwit Lot.5,sectien 22,TOMUNP 45.5 h,Range 43 East arid West R%ft ofi'ne of OCEAN BOULEVARD,said int ion being cin a circular cum cwTR,to the Northwest and bearing 5 M 36 26'E fern the center of said curve-thence southwestefly a distance of 115.31 feet along the arc of 9A3.43 feet radius curve the ough,a central angle of 8'43'16'along of said West Right d way line;there S 77'53'id'W,,a distance of 3.27 feet to the.Point of Beginimig thence S Be It AV E,a distance of 147.91 feet to the Point of Tednaton. Coritaining 1479.14 sWare feet cw 0.033 acres nrue of less. Parcel 6: Ik7ERCONNE MOXARf.A A Interconriecdon Area beft on,a portion of Sectm 22,Township 45 sad,Range 43 East of Palm Beach county Flordla.said portion being more particularly described asfoIles; cowneme at the intersection of the Korth line of Saudi 981523 feet of Gov hent Lot 5,Section 22,Township 45 South,Range 43 East and,West Nht of Way line of OCEAN BOULEVARD,said intersectionbeing cin a circular ccurve concave to thie'Northwest and',bearing sr 94'36!26'E from the center of said curie;thence smithwestarly a distance,of 277-27 feet along the arc of 993,,03 kmet radius curve thm*a central ante of 16" '39"along of said West Right of way Nw,theme S 21'33'13"W,a&stance of 271-92 feet, therce 5 7'14 56"W,a districe of 452.37 feet,to the point of Beginning,thence 51'38'35"w,a distance of 40oo feet; theme N M'21'25"W,a distance of 40.00 feet to the East Right of Way line of ocean Boutlevard;,thence N f M'35"E,a ds=, ,e of 40.00 feet",the said East Right of Way line of Ocean Boilevard;therxe.5 33'21'25"E,a distance of 40.00 feet to the Point of Begintift, CoMining 1600.30 square fx—*t€f'003?acres nwre of Page 154 of 1161 EXHIBIT B (continued) aaw xw.l Mal tra sra4e I t.sty tl':+'v.' 4 Aa ':' -+1p� akW.X4 d"4iR iPIF d,YF :"ff. ....,._..._ _77 , txrsar lil�� n�a ,°.e PP 14w a 'i ii 3S ISP FY AREA LCC 63 : ppy CyyC�- pp�a Ryy tin _r !'l44e#>+'F f'A�FY a pa"I 5: k %Y!a k.__ INTERCO y�rgIVNECT ht , F I � klm 72"", 'fly A + aA m �v �.+4� I �� 331M C�u vk%R Page 155 of 1161 6.E. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-143-Authorize Mayor to sign Interlocal Agreement with Boynton Beach Community Redevelopment Agency to provide partial funding for improvements at Sara Sims Park. EXPLANATION OF REQUEST: On September 11, 2018, the CRA board approved an Interlocal agreement with the City of Boynton Beach for partial funding associated with the Sara Sims Improvement Project. The CRA Board approved $600,000 for use in the Sara Sims Improvement Project and the City of Boynton provided $700,000 for the same project. The City will coordinate and handle the procurement process for the improvement project. The I LA will allow the City to request up to $600,000 in funding assistance from the CRA as the project progresses. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The ILA will provide the City to coordinate and provide a $1.3M improvement project for the Sara Sims Park. FISCAL IMPACT: The ILA will provide $600,000 of the estimated $1.3M cost of the Sara Sims improvement project and the City to provide the remaining $700,000 of funding. ALTERNATIVES: Do not approve ILA for this project. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 156 of 1161 ATTACHMENTS: Type Description D Resolution Resolution approving ILA with C RA for partial funding of improvements at Sara Sims Park D Attachment ILA with CRA for Sara Sims Imp Project D Attachment CRA agenda item 9-11-18 Page 157 of 1161 I RESOLUTION NO. R18- 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF 5 BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO PROVIDE PARTIAL FUNDING 7 FOR IMPROVEMENTS AT SARA SIMS PARK; AND PROVIDING 8 AN EFFECTIVE DATE. 9 WHEREAS; on September 11, 2018 the Boynton Beach CRA approved the Interlocal 10 Agreement between the City and the CRA for partial funding associated with the Sara Sims 11 Improvement Project; and 12 WHEREAS,the Interlocal Agreement will allow the City to request up to $600,000 in 13 funding assistance from the CRA as the project progresses; and 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 15 recommendation of staff, deems it to be in the best interests of the City residents to approve and 16 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 17 Redevelopment Agency to provide partial funding for improvements at Sara Sims Park. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. Each Whereas clause set forth above is true and correct and incorporated 21 herein by this reference. 22 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 23 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 24 Beach and the Boynton Beach Community Redevelopment Agency to provide partial funding, C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\F5070D52-9761-4327-B942-51382AE26B4D\Boynton Beach.12636.LILA With CRA For Partial_Funding_For_Sara Sims Park -_Reso.Docx Page 158 of 1161 25 up to $600,000, for improvements at Sara Sims Park, a copy of said Interlocal Agreement is 26 attached hereto as Exhibit"A". 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 PASSED AND ADOPTED this day of , 2018. 29 CITY OF BOYNTON BEACH, FLORIDA 30 31 YES NO 32 33 Mayor— Steven B. Grant 34 35 Vice Mayor— Christina L. Romelus 36 37 Commissioner—Mack McCray 38 39 Commissioner—Justin Katz 40 41 Commissioner—Joe Casello 42 43 VOTE 44 ATTEST: 45 46 47 48 Judith A. Pyle, CMC 49 City Clerk 50 51 52 (City Seal) 53 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\F5070D52-9761-4327-B942-51382AE26B4D\Boynton Beach.12636.LILA With CRA For Partial_Funding_For_Sara Sims Park -_Reso.Docx Page 159 of 1161 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively,the"Party" or"Parties"). WITNESSETH: WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") (Exhibit"A") calls for the redevelopment of the Community Redevelopment Area("CRA Area") as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park (the "Project"), as further described in Exhibit `B," which is hereby incorporated herein; and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically, in the Heart of Boynton District; and WHEREAS, the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District; and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 01039564-1 1 Page 160 of 1161 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Six Hundred Thousand and 00/100 Dollars ($600,000.00), for physical improvements to the Project consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a complete written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the contractor(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project,but shall coordinate with the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes. 4. Reimbursement of Funds a. The CITY shall provide a written request for reimbursement of funds ("Reimbursement Request") to the CRA no later than 30 days after payment by the CITY of funds for which it is seeking reimbursement, and in no case later than 30 days after the Project achieves final completion. For purposes of this Agreement, final completion shall be deemed achieved upon issuance of a Certificate of Completion, or equivalent. The request shall include the following information: i. The amount of reimbursement requested; 01039564-1 2 Page 161 of 1161 ii. A summary of the Project improvements for which the CITY seeks reimbursement; iii. A statement that the Project is in compliance with the Plan and Florida Statutes and evidence supporting the same. iv. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. v. For any Reimbursement Request submitted after final completion, a fully executed Certificate of Completion, or equivalent. by; vi. b. Upon receipt of a complete Reimbursement Request from the CITY that meets the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible for providing reimbursement to the CITY for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted, claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is 01039564-1 3 Page 162 of 1161 otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion, or equivalent, and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any untimely requests, or requests submitted after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of 01039564-1 4 Page 163 of 1161 such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 11. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings, communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery 01039564-1 5 Page 164 of 1161 receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice: a. CITY: Lori LaVerriere, City Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody& Ezrol, P.A. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18.No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a 01034564-1 6 Page 165 of 1161 binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. [Signatures on following page.] 01039564-1 Page 166 of 1161 IN WITNESS WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation __ _ _. _ ........_... ... By: Judith Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to orm: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY r By: Of ce of the CRA Attorney Steven B. rant, Chair Date: 01039564-1 8 Page 167 of 1161 FryS �B E AC i J R,A CRA BOARD MEETING OF: September 11, 2018 NEW BUSINESS AGENDAITEM: 14.A. SUBJECT: Consideration of Interlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for Funding Associated with the Sara Sims Park Improvement Project SUMMARY: On January 18, 2018, the CRA approved a Professional Services Agreement with Kimley-Horn and Associates, Inc. (KHA) for the Sara Sims Park Improvements (see Attachment 1) in an amount not to exceed $116,600. The scope of services for the Sara Sims Park improvements have been developed by the City Engineer, Mr. Gary Dunmeyer, and CRA staff, building on the preliminary conceptual design by Wantman Group, Inc. and information gathered through CRA-organized community meetings and input gathering surveys. The Scope of Services include design development through full construction/design documents, construction administration, the opinion of probable cost, project specifications, bidding assistance and final notice of acceptance of the work. It is anticipated that the construction tasks will take approximately six months to complete after issuance of a Notice to Proceed. Currently 100% of the design has been completed (see Attachment 1). The CRA Board approved funding in the Fiscal Year 2017-2018 Budget in the amount of$600,000 for use in the Sara Sims Park Improvement Project. In addition to the CRA's funding, the City of Boynton Beach will be providing $700,000 in funding for the park improvement project. An Interlocal Agreement (ILA) has prepared by CRA staff and approved by CRA legal counsel for use of the CRA funding (see Attachment 11). If approved by the CRA Board, the ILA will be presented to the City Commission on the next available agenda. FISCAL IMPACT: FY 17-18 Budget, Project Fund, Line Item 02-58200-406, $600,000 CRA PLAN/PROJECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan CRA BOARD OPTIONS: 1. Approve the I nterlocal Agreement between the Boynton Beach CRA and City of Boynton Beach for Funding Associated with the Sara Sims Park Improvement Project. 2. Do not approve the Interlocal Agreement between the Boynton Beach CRA and City of Page 168 of 1161 Boynton Beach for Funding Associated with the Sara Sims Park Improvement Project. ATTACHMENTS: Description D Attachment I -January 18, 2018 Minutes D Attachment II - Executed Kimley-Horn and Associates Agreement for the Sara Sims Park Improvement Project D Attachment III - Interlocal Agreement between the Boynton Beach CRA and the City of Boynton Beach for the Sara Sims Park Improvement Project D ExhibitA- Heart of Boynton District D Exhibit B -Sara Sims Park Rendering Page 169 of 1161 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida January 18, 2018 Vice Chair Katz wanted clarification, the project is east of Galaxy Elementary School, NW 4th to Federal Highway and it was more or less around 1-95. It was two blocks west of Seacrest and then two blocks to the highway. Vice Chair Katz asked if they could get a cost estimate for the remaining gap and Mr. Hay responded they could. Chair Grant asked if there was consensus for continuous sidewalks throughout; some gaps in between each wave or a certain amount of waves, or having gaps for the intersection, Board Member McCray wanted some gaps on the intersection. There were no other comments. Chair Grant requested Mr. Hay show some examples. There was consensus to use the same FPL lights that Seacrest has. There was consensus to use the poured in concrete material, not an aggregate and it was fine to have different blues in different places. Ms. Shutt announced she would return to the Board at 6,0 or 75% drawings and estimates for the portion of the project west of 2nd G. Consideration of the Amendment to Kimley-Horn and Associates, Inc. for Professional Services for Sara Sims Park Design Board Member McCray noted a typo on the summary, 2n1 paragraph. Ms. Shutt explained the Sara Sims Park Design was a budgeted project which the CRA contributed $600,000. The City used the Watman Group Inc, to complete the conceptual plan, and the CRA would take over from that point. Staff was recommending an amendment to the Kimley Horn Professional Services Contract as the City requested Kimley Horn create the design and develop the construction administration for the project, The CRA estimated the design would take, four to six months, as would the construction. The scope of work was reviewed by the City Engineer and staff and the recommendation is to approve the contract for an amount not to exceed $116,600, There is a $10,000 contingency on the design services for a security system design. City staff recommended having the security component and having the infrastructure design finished so the work could be bid. The scope includes a collateral piece for public notice and engagement and a Board presentation if desired, Attorney Rossmell explained the item was drafted as an agreement under the umbrella agreement of the Kimley Horn continuing contract. The CRA would be working with the City as a partner. There are funds in the budget for design portion. There were no comments from the public. 19 Page 170 of 1161 Meeting Minutes Community Redevelopment Agency Board Boynton each, Florida January 18, 2018 Motion Vice Chair Katz moved to approve. Board Member McCray seconded the motion that unanimously passed. H. Consideration of the Standard Rental Agreement and Rules and Regulations for the Historic Woman's Club of Boynton Beach (Board Member Romelus left the dais at 8.-53 p.m.) Ms. Shutt explained the Board had approved draft rules and regulations, subject to legal review. The rules and regulations is a living document that will allow staff to operate and manage the property and avoid risk as it pertains to alcohol and food service. The document will be an attachment to all rental contracts. The second part of the item was the standard rental agreement so staff can book events without having to return to,the Board the venue is booked. Ms. Shutt explained the rental agreement talks about rental rates contained in the rules and regulations. She advised staff would like to bring those rates back to the Board every two years, similar to the Marina contract to evaluate the rental fees and the operation of additional services. Motion Vice Chair Katz moved to approve Item H, and approving and bundling Items I and J. He trusts staff to manage the property. Barbara Ready, 297 13' Avenue, Director of the Boynton Beach Historical Society, thanked the Board for considering the item and the reduction in the rates. The Historical Society budget was already set so they could not afford to rent the venue this year, but she hoped to ask their consideration for the same rate structure next year or the year after. Attorney Rossmell recommended including in the motion that staff can use the standard agreement as it sees fit without coming back to the Board. Motion Vice Chair Katz amended his prior motion to include the recommended language. Board Member McCray seconded the motion as amended that passed 4-0. (Board Member Rometus not present for the vote.) Mr. Simon thanked Ms. Shutt and Attorney Rossmell for their work on the review of this item and the prior item. 20 Page 171 of 1161 Kimley �)) Horn January 12,2018 Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, FL 33435 Re: Professional Services Agreement Sara Sims Park improvements Boynton Beach, FIL Dear Mr. Simon: Thank you for the opportunity to be a part of your team on this project. Kinaley-Horn and Associates, Inc. ("Kimley-Horn") is pleased to submit this agreement (the "Agreement") to Boynton Beach Community Redevelopment Agency ("the Client" or 'CRA') to provide professional consulting services for the above-referenced project. We will provide these services under our contract for the Boynton Beach CRA Design and Professional Services Agreement dated June 28, 2007 (2007 Agreement). Kimley-Horn agrees that the 2007 Agreement also applies and controls this Agreement, and that the terms in this Agreement are in addition to the terms in the 2007 Agreement. Pursuant to our discussions, below is our scope of services and associated fees for improvements to Sara Sims Park. SCOPE OF SERVICES, SARA SIMS PARK IMPROVEMENTS PROJECT UNDERSTANDING The Client has requested a scope of services and fee determination for conceptual design and bid/construction documents for improvements to Sara Simms Park,which is located at 209 NW 9th Court in Boynton Beach. The Park is approximately 8.9 acres and was initially constructed the 1970s. The park will be irrigated via the City's reclaimed water utility. Current elements in the park include a 1.25-mile asphalt path, pavilion, restrooms, two tennis courts,four racquetball courts and playground. A concept plan was prepared by WGI, dated December 11,2017.This concept was used to develop an overall construction budget and to determine general placement of the proposed improvements. The construction budget for this project is$1,300,000 inclusive of design and permitting fees.The Client desires to have construction completed in August of 2018. The Client has requested that Kimley-Horn provide a park design development and bid/construction documents services for the following at Sara Sims Park: New pre-engineered restroom building near the playground(existing restroom to be demolished as a part of this project) Three pre-engineered small pavilions(12 ft x 14ft)with grills and picnic tables One large pre-engineered pavilion (25 ft x 25 ft)with grills and picnic tables OEM Page 172 of 1161 KlmleyoHorn Page 2 @ One existing pavilion will be refurbished, requiring cosmetic improvements that will be specified on the plans. No structural or architectural modifications or improvements will be required and therefore those services are not included in this scope, 9 Each pavilion will feature a hose bib, picnic tables, grills, and waste receptacles. a The existing walking path will be removed and a new path designed around and through the park/memorial garden. 0 On-street parking spaces along Martin Luther King Jr Blvd. 0 Landscaping and irrigation improvements. 0 Perimeter fencing at the Memorial Gardens and other portions of the site. a Site lighting on fitness path. * Site furnishings such as waste receptacles(30 total), picnic tables, and benches, including at least one bench with a solar powered charging station. a New parking lot on SW side of site off NW 8th Ave. 0 Park signage, per Parks and Recreation Department standards. 9 Power and water service and a +/-30'x3O'space identified for a future amphitheater, e Signage for the fitness path showing distance(i.e. 14 mile, Y2 mile, etc.). a The Client requires that CIPTED(Crime Prevention/Through Environmental Design)principles be applied to the design of Sara Sims Park. @ An alternate task is proposed for design services to design and specify equipment and wiring associated with WiFi service at the park and security system equipment. Items specifically not included are: * Architectural, MEP, or structural design services for buildings or picnic pavilions * Right of Way vacation services * Platting services or other services related to combining parcels and/or unifying titles. * Permit Fees * Multiple phase projects. If the project must be subdivided into more than one phase, additional services will be required for the second and/or subsequent phase package(s). * Professional environmental or cultural(archeological)resources services. The following scope of services details the site survey, geotechnical engineering, site civil, landscape architectural, and site electrical services. The scope is divided into phases to accommodate the concept1design development work for the park and a second phase for permit and construction drawings for the proposed park improvements. Should the park program change from that described in this agreement, additional services may be required. TASK 1— SITE SURVEY AND GEOTECHNICAL ENGINEERING SERVICES SITE SURVEY: A sub-consultant to Kimley-Horn will perform the following professional survey services: Produce a Boundary Survey in accord with Standard of Practice as set forth in Chapter 5J-17.05 FAC pursuant to Section 472.027 Florida Statutes, limited to the following: 1111M,N Page 173 of 1161 KlmleyoHorn Page 3 • Recover or reset exterior boundary corners of the combined parcels. • Establish State Plane Coordinates utilizing GPS Wide Area Network. Coordinates to be tied to offsite control monuments. • Locate interior improvements to include buildings, pavement, parking, pathways and evidence of above ground utilities. Locations to extend to the centerline of adjacent roads. • Map evidence of underground utilities as located by others at the time of survey. • Delineate all platted easements. • Research FEMA flood zone and note on survey. • Calculate square footage of property. • Certify survey to all parties concerned. • Establish on-site benchmarks based upon NAVD 88 Datum. Provide conversion to NGVD 29. • Obtain finish floor elevations on existing structures. • Obtain spot elevations on an approximate 100'grid onsite and 59'grid within the roads. • Topo extended to centerline of adjacent roads. • Map 1'contour. • Locate Sara Sims headstone in the cemetery. • Locate individual or clusters of specimen trees 4"diameter and larger, providing common name, diameter and position of trees or outline of cluster. The location of shrubbery and landscaping will not be included. • Obtain elevations at base of tree when possible. GEOTECHNICAL ENGINEERING: A sub-consultant to Kimley-Horn will perform the following professional survey services: • Boring layout and utility coordination; • Perform two(2)SPT borings to 15 feet; • Perform one(1)sieve analyses; • Perform one SFWMD percolation test for exfiltration trench K-value; Provide light duty and heavy duty flexible and rigid pavement design recommendations based on soil conditions; and Provide soil profile and grain size analyses results narrative The sieve analyses will provide information on the grain size curve only. If the Client is interested in an analysis of lime content, the results will need to be tested by an environmental lab and will require an additional service. TASK 2 —DESIGN DEVELOPMENT Kimley-Horn will attend an initial kick-off meeting with the Client to discuss the project, scheduling, budget, and Client design preferences. Kimley-Horn will produce a Design Development plan based on the WGI masterplan drawing, digitizing the design into AutoCAD format or utilizing WGI CAD files. The plan will serve as a 30% design development drawing that will include limited details that will present a plant palette, irrigation equipment, site furnishings, pre-engineered structure schematics, and information on materials selections. This schematic plan set will be presented to the Client as a project update prior to Kimley- Horn moving forward with bid/construction documents. MUMg: Page 174 of 1161 Klmley )))Horn Flage 4 Design Development Deliverable: • Site Design Development site plan with hardscape selections identified with labeling. • Limited site details that: • Identify proposed plant material • Specify irrigation equipment • Specify site furnishings • Schematic designs for picnic pavilions and restroom structure. • Preliminary Opinion of Probable Construction Costs for proposed improvements based on materials and equipment selections. • Technical memorandum summarizing design decisions made as a result of Client input,CRA Board input, and budgeting based on the Design Development plan. • Site Plan rendering, depicting overall design for use in Client brochure to update community. TASK 3 — % BID/CONSTRUCTION DOCUMENTS KHA will prepare 90%plans and details at a scale suitable for bidding purposes, to include site drainage, site lighting, park features, landscape and irrigation. During this task,the Consultant will perform the following: * Contact utility owners and request any available information depicting the locations and configuration of existing utilities Within and around the park property. * Attend coordination meetings with regulatory agencies having jurisdiction over the,project to discuss permitting requirements. * Prepare 90%construction documents typically consisting of the following: * Civil Engineering Services for this task are limited to the following: • Site Plan for proposed improvement areas will delineate the proposed park irnprovernerits, [mvilions, parklnoand it required tabular • Paving and Drainage Plans wilt slow proposed site cliz,4inage and will provide grading for the parking lot. The plans will also provide grading for the proposed park ritprovernents and will itlCklde drairiage details, • Utility Plans to show utility service conneciions for tyle prciposed park improv errierits: Up to seven hose bibs. one drinking fountain, wal[er/sewef service lo the restroort] building, and polentlal reclaimed irrigation service, • Signing and Marking Plans to show proposed site signage and striping modifications for the proposed access to the hark ng let. The plans will also provide sigriing and marking details- * Landscape Architectural Services for this task are limited to the following: a Planting plans for proposed improvertentareas will dolir)eate plant rnaterial, plant quFnWies, plant schedules, specifications and project,specific planting details, including code required planting cFlcWations. IN ME= Page 175 of 1161 Klmley >)) Horn Page 5 * Irrigation plans designed to provide irrigation coverage for all exterior proposed landscaped areas_ KHA will provide lbe following irrigation design services after Client approval of the 90% landscape plans: • Calculation of irrigation system requirements base(.1 on water application per week and water window availalb]ity as determined by local municipality and VVater Managernent Dislrrct. • Water source(s) evaluation for irrigation system • Irrigation mainline and sub-mainline sizing with recommended routing. • Coordination with project civil engineer for sleeve and rnainline routing, as applicable. • Master cenlial control evaluation end recon-mienclation, including analysis of system operation, A conceptual irrigation operation schedule for the project will be included, • irrigation controller locations with power supply drop locations. (Electrical design and pern-fliting,for controllers to be provided by contractor)—As necessary, • Material legend of all components, • Ancillary notes, calculations, and labels, required to develop a master irrigation systern, * Hardscape plans based on Client design rput gatheer'e;d during the Concel.Auafl Development phase, KHA will prepare the following construction dOC'Unlenis: • Decorative paving treatrnents —starnpedistained concrete or pavers, • Site lur"nishings--specification and layout locations • Fencing layout and detailing for gales and fence fmrndations • Park signage at park entries • Mileage rnarker(s)along fitness 1-.)athway • Ligl"iting eq�,rjpnient specifications, engineering for foundations anWor notes to accommodate eqUipment manufacturer's engineering for fighting eqUipment, • Specification for pre-engineered structures: 0 Picnic pavilions 0 Restroom building Note: Pre-engineered items may require sole-source specification of the manufacturer's product in order to obtain the pre-engineered drawings. * Electrical Engineering Services for lh.s !ask w,e firnited electrical design for proposed irnprovc,mrient areas, delineating electncaf service arid lighting for the paO<ing areas and pathway lighting, * Site Plan submittal with photometric analysis for the fitness path, KHA will the lighting fixtL,jres used as the basis of design for approval prior to subrnittal of the draft construction drawings * Electrical Plans and Details permit plans w0lb electrical and lighting details, pf"Ofornetrk", analysis for, the parking areas, coordination vvilh the lighting vendor 1JO WOM R= Page 176 of 1161 Klmley))) Horn Page 6 for details and lighting speciflcatiori„ and coordination with the local power conipany to obt@in electrical service. • Submit the 90% bid/construction drawings to the Client for review and meet with the Client to discuss. After review, address reasonable review comments as part of the final bid/construction drawings. • Provide an updated Opinion of Probable Construction Cost for the 90% plans. Deliverables • Progress PDF plan sets will be emailed to the Client every other week until 90% plans are submitted. • Sets of the 90%construction drawings in 24" x 36' format for internal and permit reviews • Opinion of Probable Construction Cost. TASK 4 — PERMITTING The Consultant will prepare and submit applications, calculations, supporting documents and plans for review by the following agencies: • FDP: 10/2 permit for projects under 1 OAC with less than 2AC of impervious • City of Boynton Beach: Minor Site Plan Modification and Building Permit No other agency approvals are anticipated or included in this scope of services other than those identified above.All permitting fees will be the responsibility of the Client. Project representation for this task is required and is included in this proposal. TASK 5 — FINAL BID/CONSTRUCTION DOCUMENTS Once the 90%construction drawings have been approved by the Client,these will be used as the basis for preparing the final bid/construction documents.. Specifications will be a part of the plan set. No separate technical specification booklet will be produced. KHA will assist the Client in the preparation of certain sections of Division 1 specifications, limited to description of work, measurement and payment, and bid form. During this task,the Consultant will perform the following: a, Revise the drawings prepared in Task 3 per the Client and permitting agency comments. • Tabulate anticipated construction items, quantities and measurement and payment items and their associated notes. • Prepare Division 1 required provisions for inclusion into the Client-provided contract documents: • Determine anticipated construction time for contract purposes. • Update the engineer's opinion of probable construction costs. • Prepare a bid form that will list the separate pay items, estimated quantities, and units. • Provide the Client with a project description to be included in the Client's front end documents. MINES11 H Page 177 of 1161 KimleyoHorn Page 7 Deliverables • Three sets of the final construction drawings in 24"x 36"format. • Updated engineer's opinion of probable construction cost for the proposed improvements. • AutoCAD files of construction plans • MS Word and Excel files of specifications or reports prepared related to this project TASK 6 — PROjECT REPRESENTATION (HOURLY) At the Client's request, Kimley-Horn will represent the project and/or make presentations to CRA Board,City Commission, or at public meetings. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. TASK 7 — BIDDING ASSISTANCE (HOURLY) It is our understanding that the Client will use a competitive bidding process to award the contact to a qualified contractor to construct the improvements. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee.At the Client's request, Kimley-Horn will provide the following services: • Consult with and advise the Client during the bidding process. • Attendance at the pre-bid meeting. • Issuance of addenda in response to interested contractor questions or requests for information during the bid process. All responses by the Consultant will be approved by the Client prior to issuance, The Client Will be responsible in making the award. TAS,K 8 — LIMITED CONSTRUCTION PHASE SERVICES (HOURLY) This task assumes a maximum of six(6) months of construction phase services. Services under this task will be provided on an hourly plus expense basis with a designated maximum fee. At the Client's request, the following services may be performed as a part of Construction Phase Services: * Pre-Construction Conference. Consultant will attend a Pre-Construction Conference prior to commencement of Work at the Site or at Client-designated location in Boynton Beach. * Visits to Site and Observation of Construction. Consultant will make eight(8)visits in order to observe the progress of the work. Such observations will not be exhaustive or extend to every aspect of Contractor's work. Observations will to be limited to spot checking, selective measurement,and similar methods of general observation. Based on information obtained during site visits, Consultant will evaluate whether Contractors work is generally proceeding in accordance with the Contract Documents, and Consultant will keep Client informed of the general progress of the work. Consultant will not supervise, direct, or have control over Contractor's work, nor shall Consultant have authority to stop the Work or have responsibility for the means, methods, techniques, equipment choice and usage, schedules,or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for any failure of Contractor to comply with any laws. Consultant does not guarantee the performance of any 111�ffi Mil i Imme 1 1 Ili , Iiii Page 178 of 1161 Klmley >>) Horn Page 8 Contractor and has no responsibility for Contractor's failure to perform its work in accordance with the Contract Documents. • Recommendations with Respect to Defective Work. Consultant will recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of its observations, Consultant believes that such work will not produce a completed Project that generally conforms to the Contract Documents. • Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents. Any orders authorizing variations from the Contract Documents will be made by Client. • Change Orders. Consultant may recommend Change Orders to the Client, and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. • Shop Drawings and Samples. Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, schedules, or procedures of construction or to related safety programs. • Substitutes and "or-equal." Consultant will evaluate and determine the acceptability of substitute or"or-equal"materials and equipment proposed by Contractor in accordance with the Contract Documents. • Inspections and Tests. Consultant may require special inspections or tests of Contractor's work as Consultant deems appropriate, and may receive and review certificates of inspections within Consultant's area of responsibility or of tests and approvals required by laws or the Contract Documents. Consultant's review of certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests,or approvals comply with the requirements of the Contract Documents. Consultant shall be entitled to rely on the results of such tests. • Disagreements between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith. • Applications for Payment. Based on its observations and on review of applications for payment and supporting documentation, Consultant will determine amounts that Consultant recommends Contractor be paid. Such recommendations will be based on Consultant's knowledge, information and belief, and will state whether in Consultant's opinion Contractor's work has progressed to the point indicated, subject to any qualifications stated in the recommendation. For unit price work, Consultant's recommendations of payment will include determinations of quantities and classifications of Contractors work, based on observations and measurements of quantities provided with pay requests. Consultant's recommendations Page 179 of 1161 Kimley >Morn Pmge 9 will not be a representation that its observations to check Contractor's work have been exhaustive, extended to every aspect of Contractor's work, or involved detailed inspections. • Substantial Completion. Consultant will, after notice from Contractor that it considers the Work ready for its intended use, in company with Client and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. • Final Notice of Acceptability of the Work. Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that Consultant may recommend final payment to Contractor, Accompanying the recommendation for final payment, Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant. • Project Close-out Documents: Consultant shall assist the Owner in assembling and submitting the certification packages stating that the Project is complete to City of Boynton Beach and South Florida Water Management District. The Client will pay all application, review,and permitting fees. 0, Limitations of Responsibilities: The Consultant shall not be responsible for the acts or omissions of any Contractor or subcontractor, any of the Contractor(s)'or subcontractor(s)' agents or employees,or any other persons (except the Consultant's own employees and agents)at the site or otherwise performing any of the Contractor(s)'work. (AL,TERNATE) TASK 9. SECURITY SYSTEM DESIGN The Client has requested a plan, specifications, and details for a security system at Sara Sims Park consisting of up to eight cameras, one emergency phone, one network video recorder(NVR), and equipment necessary to provide a City of Boynton Beach public WiFi hotspot for the park. This task is limited to the services specifically described below: • Amend electrical dravrings,(created in Task 3)to depict the security equipment, based on Client-approved equipment specifications. • Provide a security system communication plan and details sheets based on Client-approved equipment. It is assumed that the system backbone will be fiber optic cable within the park. • Provide specification for equipment furnishing one WiFi hotspot in the park • Provide security system specifications(as needed)to support the plans and details. Deliverable Kimley-Horn will provide a draft submittal of plans and specifications to the Client for comments. Kimley-Horn will attend a comment resolution meeting with the Client as needed,then Kimley-Horn will provide a final submittal of plans and specifications to the Client. ASSUMPTIONS The following assumptions are made: Page 180 of 1161 Klmley >Morn Page 10 • Client reviews of submittals will be provided in a timely manner. • Existing FPL availability to service the project lighting. • Existing water and sewer service is available at the project site. e, The Client shall be responsible for the distribution of advertisement, RFIs and addenclums. ADDITIONAL, SERVICES Any services not specifically provided for in the above scope will be considered additional services and can be performed at our then current hourly rates (Attachment"A")or for a pre-negotiated fee. Additional services we can provide include, but are not limited to, the following: • Meetings and coordination beyond that specifically outlined above • Major redesign effort due to changes in the overall project scope, budget,or programming after the approved design development phase • LEEK related services • Preparation of written specification book—all specifications will be placed on plans or will reference standard TIDO T specifications • Preparation of Bid notice or bidding documents beyond plans • Preparation of contract between owner and contractor • Environmental Engineering (Phase I/Phase II/Etc.) • Traffic Studies or traffic impact statement letters • Permitting beyond that listed above or permit expediting services • Dewatering permitting • Services not specifically mentioned in the'Scope of Services" PROJECT SCHEDULE The Consultant will provide services as expeditiously as practicable to meet a mutually agreed upon schedule. We understand the Client's desire to have the project constructed by August per the proposal request. We will work with the Client to develop a project schedule upon contract award, INFORMATION TO BE PROVIDED BY CLIENT The Client will provide to KHA in support of the project development any existing materials in electronic format related to the project that may influence the scope of services noted above, (Remainder of page intentionally blank.) Page 181 of 1161 Kimley )>) Horn Page 11 METHOD OF COMPENSATION Kimley-Horn will perform the services in Tasks 1,2,3,4,5,and 9 for the lump sum fees outlined below, inclusive of expenses. Kimley-Horn will perform the services in Tasks 6 through 8 on a labor fee plus expense basis for the maximum labor fee shown below. Kimley-Horn will not exceed the total maximum labor fee shown in tasks 6 through 8 without authorization from the Client. Individual task amounts are provided for budgeting purposes only. Kimley-Horn reserves the right to reallocate amounts among tasks as necessary. Task 1 —Site Survey and Geotechnical Engineering Services $17,600 Site Survey: $14,600 Geotechnical Engineering Services: $3,000 SUBTOTAL LUMP SUM SUBCONSULTANT FEES $17,600 Task 2—Design Development $5,000 Task 3—90% Site Civil and Landscaping Construction Docs $40,000 Task 4—Permitting $12,000 Task 5—Final Bid/Construction Documents $16,000 SUBTOTAL LUMP SUM DESIGN FEES $73,000 Task 6—Project Representation $1,500(Hourli Task 7—Bidding Assistance $4,500 (HouflylMax) Task 8—Limited Construction Phase Services $10,000 (HourtylMax) SUBTOTAL HOURLY MAXIMUM FEES $17,000 iRAND TOTAL MAXIMUM FEE $106, ALTERNATE Task 9—Security System Design Services $9,000(Hourly/Max) GRAND TOTAL MAXIMUM FEE $116,606 (WITH ALTERNATE TASK 9) Labor fee for Tasks 6 through 8 will be billed on an hourly basis according to the rates as negotiated in the consulting agreement. As to these tasks, direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses as to these Page 182 of 1161 Kimley )>> Horn Page 12 tasks such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project may be billed hourly. All permitting, application, and similar project fees will be paid directly by the Client. If you concur in the foregoing and wish to direct us to proceed with the aforementioned services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy and return the other to us. All provisions are in accordance with the terms and conditions of the consulting agreement between the Boynton Beach CRA and Kimley-Horn dated June 28, 2007 and shall govern this agreement as applicable. Payment will be due within 25 days of your receipt of the invoice. Fees and times stated in the agreement are valid for sixty(60)days after the date of this letter. We appreciate this opportunity to submit this agreement. Please contact Jonathan if you have any questions at(561)840-0233. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Jason Webber, P.E. Jonathan D. Haigh, PLA, ASLA Associate Project Manager BOYNT B CHC MtJ Y EVELOPMENT AGENCY By: (Print or Type Name) Title: C--y=et atsi_g�- —ClAft, (As Authorized by Law) Witness (Print or Type Name) Official Seal: VM Bonnie NickfienNOTARY PUBLIC STATE OF FLORIDA Comrn#GG108394 Expires 5125/2021 NO IN Page 183 of 1161 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY FOR THE FUNDING OF CERTAIN PORTIONS OF THE SARA SIMS PARK IMPROVEMENT PROJECT LOCATED WITHIN THE COMMUNITY REDEVELOPMENT AREA THIS AGREEMENT ("Agreement") is made by and between the CITY OF BOYNTON BEACH, a Florida Municipal Corporation, ("CITY"), and the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY, ("CRA") (individually and collectively, the "Party" or"Parties"). WITNESSETH ; WHEREAS, the 2016 Boynton Beach Community Redevelopment Plan ("Plan") (Exhibit"A") calls for the redevelopment of the Community Redevelopment Area ("CRA Area") as described in the Plan; and WHEREAS, the CITY and the CRA desire to provide funding for the enhancement and improvement to Sara Sims Park(the"Project") (Exhibit"B") and WHEREAS, the Project site lies within the boundaries of the CRA Area, and more specifically, in the Heart of Boynton District; and WHEREAS, the Project is intended to improve the quality, aesthetics and function of Sara Sims Park for the residents of the Heart of Boynton District and WHEREAS, the CRA Board finds that this Agreement, and the use of the CRA's funds for the Project, is consistent with the CRA's Redevelopment Plan and Chapter 163, Florida Statutes; and WHEREAS, due to the intended elimination of slum and blighted conditions, and the beneficial neighborhood and redevelopment impact of the Project, the CRA and the CITY find that this Agreement serves a municipal and public purpose, and is in the best interest of the health, safety, and welfare of the CITY of Boynton Beach, including the Community Redevelopment Area. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows: 1. Recitals. The recitations set forth above are hereby incorporated herein. 00986798-1 Page 184 of 1161 2. Obligations of the CRA. a. The CRA shall provide funding to the CITY in an amount not to exceed Six Hundred Thousand and 00/100 Dollars ($600,000.00), for physical improvements to the Project consistent with the terms of this Agreement, to be used for reimbursement of certain eligible costs. b. The CRA shall make payments to the CITY upon receipt of a written request from the CITY for payment, which request shall comply with all requirements of this Agreement. 3. Obligations of the CITY. a. The CITY shall ensure funds provided,by the CRA are not used for any purposes prohibited by § 163.370(3), Florida Statutes, or otherwise prohibited by law. b. The CITY shall ensure that the Project is designed and constructed in compliance with the Plan. C. The CITY shall be responsible for overseeing the Project, coordinating with the Contracts(s), and otherwise contracting and coordinating with all other entities as necessary to effectuate the Project, but shall coordinatewith the CRA concerning compliance with the Plan. d. Upon request from the CRA, or an authorized agent of the CRA, including the Executive Director and the CRA Attorney, the CITY shall provide all documents reasonably requested by the CRA or CRA's agent concerning compliance with this Agreement, specifically including any documentation concerning compliance with Florida Statutes 4. Reimbursement of Funds a. The CITY shall provide; a written request for reimbursement of funds ("Reimbursement Request") to the CRA no later than 30 days after payment of each Contractor Pay Application is made by the CITY and no later than 30 days after the Project achieves final completion. The request shall include the following information: i. Evidence the Project has achieved final completion as evidenced by a fully executed Certification of Completion; ii. The amount of reimbursement requested; iii. A summary of the Project improvements for which the CITY seeks reimbursement; 00986798-1 Page 185 of 1161 iv. A statement that the Project is in compliance with the Plan and Florida Statutes and evidence supporting the same. v. Copies of all invoices, receipts, and any other documentation necessary to evidence the amount and purpose for each payment made by the CITY for the Project for which the CITY is seeking reimbursement. b. Upon receipt of a Reimbursement Request from the CITY deemed complete as meeting the requirements of this Agreement, the CRA shall remit funding in the amount requested, consistent with this Agreement, to the CITY within thirty (30) days of receipt of the Reimbursement Request. C. If the CITY fails to submit a Reimbursement Request within 30 days after the Project achieves final completion, the CITY will no longer be eligible to receive any reimbursement and this Agreement shall terminate. If the CITY submits a Reimbursement Request that the CRA deems incomplete, the CRA shall notify the CITY in writing. The CITY shall have 30 days from receipt of the notice to provide the necessary documentation to complete the Reimbursement Request. If the CITY fails to provide the documentation required by the CRA within 30 days, the CITY shall only be eligible for the portion of the Reimbursement Request, if any, that the CRA deems complete and eligible. The CRA will not reimburse the CITY for any portion of the request the CRA deems ineligible for reimbursement. 5. Limits of CRA Obligations for the Project. The Parties agree that the CRA shall only be responsible to the CITY for providing reimbursement for eligible expenses for the Project, and shall not otherwise be responsible for effectuating the Project. 6. Indemnification. The CITY shall indemnify, save, and hold harmless the CRA, its agents, and its employees from any liability, claim, demand, suit, loss, cost, expense or damage which may be asserted,: claimed, or recovered against or from the CRA, its agents, or its employees, by reason of any property damages or personal injury, including death, sustained by any person whomsoever, which damage is incidental to, occurs as a result of, arises out of, or is otherwise related to the negligent or wrongful conduct of persons or the faulty equipment (including equipment installation and removal) associated with the Project. Nothing in this Agreement shall be deemed to affect the rights, privileges, and sovereign immunities of the CRA or the CITY as set forth in Section 768.28, Florida Statutes. This paragraph shall not be construed to require the CITY to indemnify the CRA for CRA's own negligence, or intentional 00986798-1 Page 186 of 1161 acts of the CRA, its agents or employees. Each party assumes the risk of personal injury and property damage attributable to the acts or omissions of that party and its officers, employees and agents. 7. Term of the Agreement. This Agreement shall become valid and commence upon execution by the last Party to this Agreement, and unless earlier terminated pursuant to this Agreement, shall terminate after the Project has obtained a Certificate of Completion and the CRA reimburses the CITY for the Project. In no case shall the CRA be required to reimburse the CITY for any requests submitted after the CRA reimburses the CITY, or after this Agreement is terminated. The term of the Agreement may be extended only upon the execution of a written amendment signed by the CITY Commission and the CRA Board. Nothing in this paragraph shall be construed so as to affect a Party's right to terminate this Agreement in accordance with other provisions in this Agreement. 8. Records. The CITY and the CRA each shall maintain their own records:and documents associated with this Agreement in accordance with the requirements set forth in Chapter 119, Florida Statutes. All such records shall be adequate to justify all charges, expenses, and costs incurred in accordance with;generally accepted accounting principles. Each Party shall have access to the other Party's books, records and documents as required in this Agreement for the purpose of inspection or audit during normal business hours during the term of this Agreement and at least 1 year after the termination of the Agreement. 9. Filing. The CITY shall file this Interlocal Agreement pursuant to the requirements of Section 163.01(11) of the Florida Statutes 10. Default. If either Party :defaults by failing to perform or observe any of the material terms and conditions of this Agreement for a period of ten (10) calendar days after receipt of written notice of such default from the other Party, the Party giving notice of default may terminate this Agreement through written notice to the other Party. Failure of any Party to exercise its right in the event of any default by the other Party shall not constitute a waiver of such rights. No Party shall be deemed to have waived any rights related to the other Party's failure to perform unless such waiver is in writing and signed by both Parties. Such waiver shall be limited to the terms specifically contained therein. This section shall be without prejudice to the rights of any Party to seek a legal remedy for any breach of the other Party as may be available to it in law or equity. 00986798-1 Page 187 of 1161 It. No Third Party Beneficiaries. Nothing in this Agreement shall be deemed to create any rights in any third parties that are not signatories to this Agreement. 12. Compliance with Laws. The CITY and the CRA shall comply with all statutes, laws, ordinances, rules, regulations and lawful orders of the United States of America, State of Florida and of any other public authority which may be applicable. 13. Entire Agreement. This Agreement represents the entire and sole agreement and understanding between the Parties concerning the subject matter expressed herein. No terms herein may be altered, except in writing and then only if signed by all the Parties hereto. All prior and contemporaneous agreements, understandings communications, conditions or representations, of any kind or nature, oral or written, concerning the subject matter expressed herein, are merged into this Agreement and the terms of this Agreement supersede all such other agreements. No extraneous information may be used to alter the terms of this Agreement. 14. Severability. If any part of this Agreement is found invalid or unenforceable by any court, such the remainder of the Agreement shall continue to be binding upon the Parties. To that end, this Agreement is declared severable. 15. Governing Law and Venue. The terms of this Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Florida and the United States of America, without regard to conflict of laws principles. Any and all legal actions necessary to enforce the terms of this Agreement shall be conducted in the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, or, if in federal court, in the United States District Court for the Southern District of Florida, to which the Parties expressly agree and submit. 16. No Discrimination. Parties shall not discriminate against any person on the basis of race, color, religion,. ancestry, national origin, age, sex, marital status, sexual orientation or disability for any reason in its hiring or contracting practices associated with this Agreement. 17. Notice. Whenever either Party desires to give notice to the other, such notice must be in writing and sent by United States mail, return receipt requested, courier, evidenced by a delivery receipt, or by overnight express delivery service, evidenced by a delivery receipt, addressed to the Party for whom it is intended at the place last specified; and the place for giving of notice shall remain until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the Parties designate the following as the respective places for giving of notice. 00986798-1 Page 188 of 1161 a. CITY: Lori LaVerriere, CITY Manager CITY of Boynton Beach 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 b. CRA: Michael Simon, Executive Director Boynton Beach CRA 710 N. Federal Highway Boynton Beach, Florida 33435 c. Copies To: James A. Cherof Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard,, Suite 200 Fort Lauderdale, Florida 33308 Tara Duhy, Esquire Lewis, Longman&Walker, P.A. 515 North Flagler Drive, Suite 1500 West Palm Beach, Florida 33401 18. No Transfer. The Parties shall not, in whole or in part, subcontract, assign, or otherwise transfer this Agreement or any ;rights, interests, or obligations hereunder to any individual, group, agency, government, non-profit or for-profit corporation, or other entity without first obtaining the written consent of the other Party. 19. Interpretation; Independent Advice;. This Agreement shall not be construed more strictly against one Party than against the other merely by virtue of the fact that it may have been prepared by counsel for one of the Parties. The Parties declare that the terms of this Agreement have been read and are fully understood. The Parties understand that this is a binding legal document, and each Party is advised to seek independent legal advice in connection with the matters referenced herein. 20. Counterparts and Transmission. To facilitate execution, this Agreement may be executed in as many counterparts as may be convenient or required, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The 00986798-1 Page 189 of 1161 executed signature page(s) from each original may be joined together and attached to one such original and it shall constitute one and the same instrument. In addition, said counterparts may be transmitted electronically (i.e., via facsimile or .pdf format document sent via electronic mail), which transmitted document shall be deemed an original document for all purposes hereunder. 21. Survival. The provisions of this Agreement regarding indemnity, waiver, and termination, and records shall survive the expiration or termination of this Agreement and remain in full force and effect. 22. Time is of the Essence. The parties acknowledge that time is of the essence in the performance of the provisions in this Agreement. 23. Attorney's Fees. If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney fees, expenses, and costs, including those at the appellate level, in addition to any other relief to which it may be entitled. IN WITNESS' WHEREOF, the CITY and the CRA hereto have executed this Agreement as of the later of the dates set forth below. ATTEST: CITY OF BOYNTON BEACH, a Florida municipal corporation By: Judith Pyle, CITY Clerk Steven B. Grant, Mayor Approved as to Form: Date: (SEAL) Office of the CITY Attorney Approved as to Form: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: 00986798-1 Page 190 of 1161 Office of the CRA Attorney Steven B. Grant, Chair Date: 00986798-1 Page 191 of 1161 nil; t??��ji�k�,�Z4i\t��t11ti3ti Heart of Boynto District Introduction �,`� Planning Challenges Planning Considerations t{� VisionThe �»{ (I t} Recommendations t 105 Page 192 of 11 Introduction C. Stanley Weaver (C-Canal) canal to the north, 1-95 to the west, N.E. 3rd Avenue to the south and the The Heart of Boynton District is a 380-acre FEC rail line to the east. The area is within walking neighborhood developed predominantly with distance of the Cultural and Downtown Districts. single-family homes. The neighborhood has several parks, two public schools and numerous A major arterial road—Seacrest Boulevard—runs churches. Unfortunately, it has been the victim through the neighborhood north/south. Martin Luther of disinvestment over the last 50 years. The two King, Jr. Boulevard, once lined with locally-owned Census blocks of Tract 61 which encompasses businesses, runs east/west. this District have the median household income of$20,848, the lowest in the City. There are two public elementary schools in the neighborhood, Poinciana and Galaxy. Both schools To counter the decline of the neighborhood,in 2001 are STEM schools(Science,Technology, Engineering the CRA and City adopted the Heart of Boynton and Math). Community Redevelopment Plan. The Plan was updated in 2014 to reflect the achievements of the There are a number of parks and special use areas original plan and add new projects to reflect the within the neighborhood, such as, Carolyn Sims current market conditions. Community Center, Galaxy Park and Scrub and Sara Sims Park. A number of recommendations of the original CRA Plan have been implemented, including: m ��{ The demolition of the Cherry Hill public y1s. housing project 5,{ The redevelopment of the Boynton Terrace site–Ocean Breeze West– into 21 single- family homes • Redevelopment of Wilson Park and into Carolyn Sims Community Center • Expansion of the Palmetto Greens Park • Redevelopment of Sara Sims Park – Master Plan created, property acquired • Streetscape Improvements on Seacrest Boulevard • Redevelopment of Martin Luther King, Jr. Boulevard – Property acquired and Family Dollar developed • Development of new housing – 60 new single family homes developed In partnership with nonprofits, the City and CRA. The Heart of Boynton District is bounded by the 106 Page 193 of 1161 ik. , v ( ? r k iR �5 r1�,9r rj� tri tri a.. 4 � �IV (�l ��� � tt iw4 I Mrd NE�,11thAve.. f �tk<y r,� yr# , �, ki � `' °i�!�,� �" ��s', , \h• k ,��,,� ��'F�� �7�2�r Y, n �. �- k �`_. s� ��yt�. .*'s � r�,�,.�; _� �� siS\,- ;' to g9 IN i 104 cap 70 +y �i1'.L. NW 6th Ave , r m t ,t„ �° �� 1 4s14i♦� rI' FM 5 st• ' "�' i+r< � M r �."LL �n- 4��gy� tt 4 >� �( 1 1}lr7!`q -t ,I�r?3 t �?F w. sr4v� NE 3rd Ave ,� �i�,., �, 6 �i�,y �Sy�f,„'� X1\1�siSl 1 ly 7 �s{\1A�,{��i,.d•+. Nil ax by rs,�':u2 BO)/I1t011`B@aC�1 BIVC�. a off„ - ' PlanniUq Challenges The Heart of Boynton area suffers from an aging the neighborhood; clearly, the road is not presently and poorly maintained housing stock. The CRA designed at a neighborhood scale. and City, in partnership with local non-profits, continue to develop single-family homes, but Both Seacrest Boulevard and Martin Luther King, Jr. there is a need for quality affordable multi-family Boulevard have older, ill-maintained power poles with rental housing. The problem is that—given low overhead utilities, causing a "visual blight." median household incomes—it cost more to build even modest apartments than many of the V,I families can afford. This gap will has to be filled �� ,, £ through some form of a subsidy. t Another major deterrent to private investment is the visible blight and crime. There are still a number of small convenience stores that £ allow loitering and illegal activities for all to see, w: {I discouraging people to buy homes or invest in businesses within the area. ,111, The District is comprised of small parcels platted in the 1920's — 1930's, during Florida's land Figure 58: Example of District Planning Challenges l boom. The parcels are owned by many different people making assembly of a developable site v very difficult and expensive. Moreover, many owners have an unrealistic sense of the value of their property. Over the years, the neighborhood has lost most of their retailers and service providers. There is no full service grocery store and only one take- out restaurant. The majority of commercial use is represented by convenience stores. A new Family Dollar store at the corner of Martin Luther King, Jr. Boulevard and Seacrest Boulevard has been a welcome addition, but there is a need for more retail services. The neighborhood is bifurcated by a four- lane Seacrest Boulevard, which has only one signalized pedestrian crossing even though there are two elementary schools in the neighborhood. The width of the road and drive aisles encourage speeding through 108 Page 195 of 1161 P11 ga r r it ConAs d ge Er ga t ons Several factors were considered in determining the Historic District. There are a significant number of land use designations for the Heart of Boynton District. historic cottages located along both sides of NE A future commuter rail station for the planned Tri- 3rd Avenue and the south side of NE 4th Avenue Rail Coastal Link service, which will serve the South between N. Seacrest Boulevard and NE 1st Street. Florida metropolitan region, is planned for downtown at In order to protect these cottages while allowing N.E. 4th between Ocean Avenue and Boynton Beach commercial redevelopment of the south side of NE Boulevard. To improve land development patterns 3rd Avenue, the Plan recommends that: in advance of station development, the City adopted a Downtown Transit Oriented Development District The historic cottages from the south side of (DTOD), covering a %2 mile radius around the station's NE 3rd Avenue be relocated to the vacant location, including a portion of the Heart of Boynton.The lots on the north side of NE 3rd Avenue. DTOD district regulations support increased intensity of development through a 25% density bonus. On completion of the relocations, a historic district, tentatively called Shepard Funk A second consideration is the Transportation Addition Historic Cottage District, be created t�4 Concurrency Exception Area (TCEA)which, in addition within the block enclosed by N. Seacrest to the residential exception area applicable east of I-95, Boulevard, NE 1st Street, NE 3rd Avenue, exempts all development from the Palm Beach Count NI, p p Y and NE 4th Avenue. S�Z traffic concurrency requirements thus allowing denser development. The Plan recommends increasing density within the area where the TCEA and TOD designationsr overlap. However, because this District is a low- scale neighborhood, no increase in height over 45' is recommended. Figure 59: Historically significant cottages in the HOB 109Page 196 of 11 Vision The Heart of Boynton area will become a model neighborhood, with its unique character and history preserved. The vision includes enriching the original vernacular architecture of the neighborhood, investing in housing and commercial uses, and connecting both through the pedestrian and vehicular networks. Recommendations: Streetsrane Streetscape enhancements are recommended for the Seacrest Blvd and Martin Luther King Jr. Blvd. The space for these enhancements may be obtained through either right-of-way dedications or public easements. The enhancements should include: • Implement a Complete Streets program for Seacrest Boulevard and ML K Jr. Boulevard to accommodate bike lanes and bike racks, widening of sidewalks, decorative street lights, street furniture, and on-street parking. • Marking of major intersections with materials such as pavers, paint, etc. +f Enhanced median landscaping Bus shelters (will be required as part of new construction) �stt fit Additional signalized pedestrian crossings (including mid-block) along Seacrest BoulevardAddition of canopy street trees Creation of a Pedestrian Zone adjacent to the right-of-ways that is inviting, safe and includes: r4{' Minimum 8' wide clear sidewalk rs. Decorative light poles at both the vehicular and pedestrian scales lith Require installation of canopy trees that provide immediate shading at time of construction k� • Undergrounding of overhead utilities • Creation of a greenway to connect the greenway proposed along NW 1 stAvenue, Sara Sims Park, and Wilson Park per the Connectivity Plan • Creation of an eco-trail to connect the existing scrub and linear parks per the Connectivity Plan 110Page 197 of 1161 F l "d I 4FF Figure 60. Seacrest Blvd Streetscape Area Figure 61: MLK JR. Blvd. Streetscape Area �l�t !ill; 45'Max. e a 5. CSS. AIN 24'MIN MWOO ! t pp RES . , Ifs Figure 62: MLK JR. Blvd. Street Section Page 198 of 11 Recommendations: Land Use The existing land use designations within the Heart of Boynton District are: • Low Density Residential —5 units per acre (all of this land use designation is concentrated on the west side of Seacrest Boulevard. • Medium Density Residential — 10 units per acre (this land use designation is concentrated on the east side of Seacrest Boulevard) • High Density Residential — 11 units per acre (currently over the Ocean Breeze West development and along W. Seacrest from N.W. 8th to N.W. 9th) • Mixed-Use — 40 units per acre (this land use designation is placed on the CRA-owned Ocean Breeze East block and on CRA-owned property along MLK, Jr. Boulevard) • Local Retail Commercial, General Commercial, Industrial, Recreational, and Public & Private Governmental/Institutional Below is a table of the proposed land use and zoning designations that will apply within the Federal y}{ Highway Corridor District: i\ Table 7: Recommended Future Land Use(FLU)Classifications within the Heart of Boynton District LAND USE DENSITY CORRESPONDING ZONING DENSITY MAX CAP* HEIGHT N4{, i?s hJiixed-Use 50 MU-2, MU-3 50 75' Medium" tri�F {1,4 Mixed-Use Low 20 MU-1 24 45' r High Density ?+ Residential 15 R4,.IPUD 15 45' Medium Density Residential 11 R3, (PUD 11 45' Low Density 75 R-1-AAA,R 1-AAB R-1-AA, R-1-A,R-1, Residential PUD 7.5 45' Local Retail rVa C-2, C-3, PCD Commercial n/a 45' General n1a C-4 Commercial n/a 45' Industrial n/a M-1 n/a 45' PPGII n/a Public Usage n/a 45' Recreation n/a Recreation n/a 45' * Properties located within the TOD may recieve a 25%density bonus 112 Page 199 of 1161 Figure 63: Recommended Land Use for the Heart of Boynton District `. � Ill .14 E >, j (S � �l _ •y+�` � QFlS - l ��=t;!".$ ,4tnS.... �I - �I�S 1��1,�}" �\�! 1!1 �� 2�71j r„ ! '� 1111titrl t!! ii F y y . pI , ..�:t � <t lvvP+k ., (.. LEGEND �l 1 !(i d1 t�fnipus6rwnl(E( Merlau€tro H�ncAY E7esick+rtival(NEIJRp i..,.i�utur. 41 yhi Ckrrt�9tY fisr3![�rrleu*E(3 PC3�pES Wu<•aC S'p—w Hi.[ f?nrrslty fdrl5isie0bW 4SHDRF 29rguPri0.: 3eb MUOIltn151(F pu) 'tl m.l R.I.il Coll;Al(WC) Ra€lCrecn4 Cvmmraw{CCY �n'r�---'�+ &laatid�il�ara.Lcrw iE*iV,uLp 241'CputBe h k.d U.Mmium(MUM)5 W— Mlxrn3 U-High(MSIH(BO JWOg TOO 113 Page 200 of 11 Recommendations: Urban Doss n • There are three architectural styles of historic structures in the Heart of Boynton: Mission, Frame Vernacular, and Mediterranean Revival. When building in this District, new development shall attempt to utilize one of these architectural styles. • A Historic Cottage District should be considered adjacent to the proposed Cottage District; where feasible, historically contributing cottages in the area shall be relocated in the Historic Cottage District. • Commercial buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall maximize the amount of glazing. • Residential buildings fronting MLK Jr., Boulevard and/or Seacrest Boulevard shall be designed to have pedestrian access from the main road and have front door facing the main road. • All buildings along MLK Jr., Boulevard and/or Seacrest Boulevard shall be set back to allow for a pedestrian zone. • Approximately 75%of the lot frontage must be occupied by structure and be adjacent to the pedestrian r( zone. Buildings fronting MLK Jr., Boulevard shall be a maximum of two story and stepped back to continue to the maximum allowed height in the designated Zoning District. r, Parking shall be located to the rear or side of the buildings ,�,J� ("f Curb cuts shall be permitted on Boynton Beach Blvd only when access is not possible from the rear �sL or side. { When adjacent to commercial uses, single-family areas shall be protected through the use of landscape buffers and/or walls as appropriate. Figure 64: Heart of Boynton Projects MLK Commercial Multifamily _ 3 Mod a L . Vim® @Y t Sara Simsar —cean Breeze Yi East Cottage District— Proposed historic Cottage District 114Page 201 of 1161 Sara Sims Park Expansions Working with residents of the community,theCRAand _:' its consultant created a master plan for the expansion and improvement of Sara Sims Park. The CRA has also purchased seven properties and deeded them to ° � the City in preparation for the eventual expansion of the park. Staff will review the feasibility of convertin a portion of Sara Sims Park Master Plan, along the � hJ11 q , western boundary, from Recreational Land Use to t Single Family. This process shall include a public meeting, the Parks and Recreation Board review and xp recommendation, and Clty Commision approval. Figure 65: Sara Sims Eansion Ocean Breeze East The CRA owns 4.5 acres of vacant land east of Seacrest Boulevard between N.E. 6th and 7th y�4 Avenues. The CRA is seeking a private development partner to build a multi-family project on the site. !rhi r Cottage District 66: Ocean Breeze East Figure ` The CRA owns approximately 5 acres on the block Fi g �1 between N.E. 4th and 5th Avenue. The CRA's goal \sc; for this site is to attract a private development partner to build single-family for-sale homes in the style of << the surrounding historic cottages. fi 1 P MLK Commercial 2, } Leveraging CRA-owned land and economic development grants, the CRA was able to bring `, a Family Dollar store to the Martin Luther King, Jr. Boulevard corridor in 2015. The CRA owns additional land on the corridor and continues to Figure 67: Cottage District work with developers to attract new and needed neighborhood retail. MLK Multi Family Utilizing CRA-owned land, the CRA is seeking to attract a private development partner to build a multi- family development along the Martin Luther King, Jr. Boulevard corridor. The development may include commercial uses. 115 Page 202 of 11 � rs _ L - ��tr3i tl , 4 `y'tiI4S , 3 ff�s t , tFt{` rub k Figure 68: Example of a Commercial Project on MLK Jr. Blvd. 116 Page 203 of 1161 s yr4>i1 � { s yy II t r 4 Nd rt�P III yi;,-i ti t r���,�{�I����1�i������,( �ti��i�}}��� ip(,��,Zr����,�it���'ssfyv�}l �*fi'� ✓us r�� s Pv �s �}��y�i�`x �� pi Irk t � c ,f a ,a — r�j s , �N I; I��{f —11 PIC !ill; Figure 69: Example of Multi Family Project on MLK Jr. Blvd. +° (tJ;t 117 Page 204 of 11 4 ,� " a ,:r. 13saa:•�1{�\`il}rF���1. f}Slui rl� �... '.^ r A }i PtA - :ri I •tAV}L IS-.EIS IN B SKE BALL`"Il`w' "'r3 ;\�`t 4f� t fi{i�}" I,tls }_.rrk�`n ``3r. ,c t`Ef'�4Pxi,: , -r r,f3� . 431+� TIVE ING PAVI� L LTi r ."4 }� �Jl '�,• } ry )}. �XISTING RACQUETBALL � M OU RT3 4t''n W Uig E t 1 Sf r ! Pr TRAIL 4V tit �\11}} OPEN LAWN 11 f t„ d CELL PHONE CHARGING 24x30 PICNIC PAVILIONt J �It�rr EXISTING SARAti•, - `� }@�;}p���;�`q G,• �7�""� 1 -Ii ��rr�l�:)1 t 1 SIME ORIALr C RESTROOM BUILDING - �. 5 �Er i RC1 , EXIS7TIN CNIC ION • S r r V SITE AM EN ITI ESimx: I, t' s 1 �I4Ytl „�BENCHES TRASH RECEPTACLES PICNICTABLES GRILLS ASH RECEPTACLES BIKE RACKS DRINKING FOUNTAIN CELLPHONE CHARGING STATIONS r. r n FF .M ao en PARK AREA LIGHT POLES PARKING LOT LIGHT POLES RESTROOM BUILDING PAVILIONS FENCING DECORATIVE CONCRETE MILE MARKERS IN TRAIL I HtHI MINI RID 2018 SARA SIMS PARK IMPROVEMENTS 8C7YNTON BEACH $Q rACHI R ftICTII �} or t ti,1�S, -Ak,11 Page 205 of 1161 6.F. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-144-Approve and Authorize the City Manager to sign a piggy-back Agreement with CRS Max Consultants based on its proposal from CRS Max Consultants, Inc. of Coconut Creek, FL, for Community Rating System (CRS) services by utilizing Lee County's Contract 7177 Professional Services Agreement for "Miscellaneous Professional Services for FEMA/NFI P/CRS CN150249 for a not to exceed amount of$36,000. EXPLANATION OF REQUEST: In 2017, the City of Boynton Beach advanced from a Community Rating System (CRS) rating of Class 7 to Class 6, which provides a 20% reduction in flood insurance premiums for properties located in a Special Flood Hazard Area (SFHA) and a 10% discount for properties outside the SFHA. For the City to maintain these flood insurance premium discounts and meet the goal of advancing to a Class 5 rating, the City must continue to implement the CRS required programs and provide annual status reports to the National Flood I nsurance Program (NFI P) and Verification Audits every five (5) years. These services are considered essential for the City to maintain its current and future CRS ratings. The time period for completion of these services is October 1, 2018 through September 30, 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Implementation of the CRS services will meet the NFI P requirements and allow the City to continue to provide reduced flood insurance premiums to our residents. Meeting the goal of a Class 5 rating will provide a 25% reduction in flood insurance premiums for properties located in a Special Flood Hazard Area (SFHA) and a 10% discount for properties outside the SFHA. FISCAL IMPACT: Budgeted Funding is available in the Utilities account 401-2821-536-49-17. ALTERNATIVES: Not approve the proposal and issue a separate RFQ for Community Rating System services. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 206 of 1161 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Agreement with CRS Max Consultants off of Lee County Contract D Agreement Agreement with CRS Max D Addendum CRS Max Proposal D Addendum Lee County Piggyback Agreement D Addendum Renewal to Lee County Piggyback Agreement Page 207 of 1161 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE CITY 6 MANAGER TO SIGN A PIGGY-BACK AGREEMENT WITH 7 CRS MAX CONSULTANTS, INC. OF COCONUT CREEK, 8 FL, FOR COMMUNITY RATING SYSTEM 9 (CRS) SERVICES BY UTILIZING LEE COUNTY'S 10 CONTRACT 7177 PROFESSIONAL SERVICES 11 AGREEMENT FOR "MISCELLANEOUS PROFESSIONAL 12 SERVICES FOR FEMA/NFIP/CRS CN150249 FOR A NOT 13 TO EXCEED AMOUNT OF $36,000; AND PROVIDING AN 14 EFFECTIVE DATE. 15 16 WHEREAS, City staff has confirmed that Lee County's procurement process 17 satisfies the City of Boynton Beach's competitive bid requirements; and 18 WHEREAS,upon recommendation of staff,it is the City's desire to piggy-back the 19 Lee County Contract 7177 Professional Services Agreement for "Miscellaneous 20 Professional Services for FEMA/NFlP/CRS CN150249 for a not to exceed amount of 21 $36,000. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 25 as being true and correct and are hereby made a specific part of this Resolution upon 26 adoption. 27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 28 approves piggy-backing the Lee County Contract 7177 Professional Services Agreement 29 for "Miscellaneous Professional Services for FEMA/NFlP/CRS CN150249 for a not to 30 exceed amount of$36,000. 31 Section 3. The City Manager is hereby authorized to sign a contract with CRS C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\576EB2B7-AC1A-48D1-9D36-C5F1856A6B56\Boynton Beach.12719.1.Piggy-Back (Lee_County)_-_CRS_Max -_Reso.docx Page 208 of 1161 32 Max Consultants, Inc, a copy of which is attached hereto as Exhibit"A". 33 Section 4. That this Resolution shall become effective immediately. 34 PASSED AND ADOPTED this day of , 2018. 35 CITY OF BOYNTON BEACH, FLORIDA 36 YES NO 37 38 Mayor— Steven B. Grant 39 40 Vice Mayor— Christina L. Romelus 41 42 Commissioner—Mack McCray 43 44 Commissioner—Justin Katz 45 46 Commissioner—Joe Casello 47 48 VOTE 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 (Corporate Seal) 58 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\576EB2B7-AC1A-48D1-9D36-C5F1856A6B56\Boynton Beach.12719.1.Piggy-Back (Lee_County)_-_CRS_Max -_Reso.docx Page 209 of 1161 CONTRACT FOR COMMUNITY RATING SYSTEM This Agreement is by and between CRS Max Consultants, Inc., a Florida Corporation,with offices at 3331 NW 71s' Street, Coconut Creek, FL 33073 ("CRS MAX"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the "City"). RECITALS WHEREAS, in 2017 the City of Boynton Beach advanced from a Community Rating System (CRS) rating of Class 7 to Class 6, which provides 20% reduction ibn flood insurance premiums for properties located in a Special Flood Hazard area and a 10% discount for properties outside the SFHA; and WHEREAS, for the City to maintain these flood insurance premium discounts and meet the goal of advancing to a Class 5 rating, the City must continue to implement the CRS required programs and provide annual status reports to the National Flood Insurance Program and Verification Audits every five (5) years; and WHEREAS, CRS MAX, has agreed to allow the City to piggy-back the Lee County Contract 7177 Professional Services Agreement for "Miscellaneous Professional Services for FEMA/NFIP/CRS CN 150249 for an amount not to exceed $36,000. NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and CRS MAX agree that CRS MAX shall provide Professional Services for Community Rating System services for an estimated amount not to exceed $36,000 at prices based on Lee County Contract 7177 Professional Services Agreement for"Miscellaneous Professional Services for FEMA/NFIP/CRS CN 150249, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the Lee County shall be deemed as references to the City of Boynton Beach. B. Scrutinized Companies By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not Page 1 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\362A92FO-65E8-4OA2-832F-OD76843EE8F9\Boynton Beach.12718.1.Piggyback Lee_County_(CRS Max Consultants).docx Page 210 of 1161 on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. C. 25.00 - VENUE Venue for any administrative and/or legal action arising under this Agreement shall be in Palm Beach County, Florida D. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 /Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 And to the Contractor at: CRS Max Consultants, Inc. 3331 NW 71' Street Coconut Creek, FL 33073 Section 3. In the event that the Lee County Contract is amended, or terminated, CRS MAX shall notify the City within ten (10) days. In the event the Lee County Contract is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Page 2 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\362A92FO-65E8-4OA2-832F-OD76843EE8F9\Boynton Beach.12718.1.Piggyback Lee_County_(CRS Max Consultants).docx Page 211 of 1161 Section 4. CRS MAX agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition,including fees, charges or costs,which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects,the terms and conditions of the Lee County Contract are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager Judith A. Pyle, CMC, City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney Date CRS MAX CONSULTANTS, INC. WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Date Page 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\362A92FO-65E8-4OA2-832F-OD76843EE8F9\Boynton Beach.12718.1.Piggyback Lee_County_(CRS Max Consultants).docx Page 212 of 1 161 EXHIBIT A AGREEMENT BETWEEN LEE COUNTY AND CRS Max Consultants,Inc. Page 4 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\362A92FO-65E8-4OA2-832F-OD76843EE8F9\Boynton Beach.12718.1.Piggyback Lee_County_(CRS Max Consultants).docx Page 213 Of 1161 City of Boynton Beach — CRS Consultant Services for FY 2018-2019 Introduction to Community Rating System The Community Rating System (CRS) is a component of the National Flood Insurance Program (NFIP) which provides reductions to flood insurance premiums for residents and businesses within participating communities. Communities earn points by flood mitigation efforts in 19 activities covering a large variety of tasks and requiring assistance from several city divisions and departments. The points earned are converted into classifications, which earn reductions in flood insurance premiums in accordance with the table below. Premium Premium Credit Points Class Reduction (SFHA) Reduction (Non- SFHA) 4,500+ 1 45% 10% 4,000—4,499 2 40% 10% 3,500—3,999 3 35% 110% 3,000 —3,499 4 30% 10% 2,500—2,999 5 25% 10% 2,000—2,499 6 20% 10% 1,500— 1,999 7 15% 5% 1,000— 1,499 8 10% 5% 500-999 9 5% 5% 0-499 10 0 0 City of Boynton Beach CRS Program In 2.017 Boynton Beach advanced from a CRS rating of Class 7 to Class 6, which provides a 20% reduction in flood insurance premiums for properties located in a Special Flood Hazard Area (SFHA), and a 10% discount for properties outside the SFHA. For communities to maintain these flood insurance premium discounts, they must continue to implement their programs and provide annual status reports to the NFIP. The CRS Class 6 which the City has achieved is very commendable. Only three communities in Palm Beach County have a higher CRS rating (Class 5): Palm Beach County, City of West Palm Beach and Town of Juno Beach. Only two Florida communities have ratings higher than Class 5. As a direct result of its strong participation in the CRS program, the City saves its residents and businesses approximately $666,000 annually in reduced flood insurance premiums. CRS Max Consultants, Inc. - 954-421-7794 - ersmaxinc@_bellsouth.net Page 214 of 1161 City of Boynton Beach — CRS Consultant Services for FY 2018-2019 CRS Max Consultants has been pleased to work together with the City of Boynton Beach on matters pertaining to its CRS program for over six years. In FY 2018—2019,our firm looks forward to assisting the City both to maintain its current rating and to move toward improvement to a Class 5 at its next verification visit, which is tentatively scheduled for 2020. If successful, the savings to the community's residents and businesses would increase to approximately $825,000 annually. To accomplish these goals, we recommend the following services'. • CRS Continuing Consultant Services • Flood Mitigation Plan Update • Repetitive Loss Area Analysis 1, CRS Continuing Consultant Services This service assists the City in maintaining its current CRS classification. This includes assisting with annual required outreaches, facilitating annual required meetings, writing annual reports and assuring that the annual CRS Recertification is completed in a timely manner. This service will include coordination with the following departments: • Utilities • Fire/Emergency Management • Development • Public Works Cost: $6,000.00 2. Flood Mitigation Plan Update In 2011, the City retained the services of CRS Max Consultants to develop a Flood Mitigation Plan (FMP). The CRS program highly values communities that are proactive in their planning for the flood hazard- Accordingly, there are many points awarded for an effective plan. After working together with the City for a year and a half, the plan was completed. The City Commission adopted the City of Boynton Beach Flood Mitigation Plan in July 2013. At 337 points, this plan scored higher than any other plan in the state of Florida and is one of the highest-scoring plans in the nation. The CRS program requires that flood mitigation plans be updated at each verification visit. The next verification visit is tentatively scheduled for 2020.An update of the plan requires the following activities: • Schedule, plan and lead at least 3 meetings of Flood Mitigation Plan Task Force. Meetings will review the progress of current FMP, review Action Plan and recommend activities in new Action Plan. • Schedule, plan and lead 2 public meetings: one in the early phase of the review and one near its completion. 2 CRS Max Consultants, Inc. - 954-421-7794 - ersmaxinc@kellsouth.net Page 215 of 1161 City of Boynton Beach — CRS Consultant Services for FY 2018-2019 • Send out letters requesting input from approximately 100 agencies, schools, government entities, etc. • Review new studies, reports, and technical information; review the community's needs, goals, and plans. • Review and update the hazard and problem assessments. The assessments must account for: • New floodplain or hazard mapping • Annexation of flood-prone areas • Additional repetitive loss properties • Completed mitigation projects • Increased development in the floodplain or watershed • New flood control projects • Lack of maintenance of flood control projects • Major floods or other disasters that occurred since the plan was adopted • Any other change in flooding conditions and/or development exposed to flooding. • Draft, review, revise and facilitate adoption of the Floodplain Management Plan Update by the City Commission. This task of updating the Flood Mitigation Plan is considered essential for the City to maintain its current class 6. Were the City not to update its current plan with a plan comparable in quality to its 2013 plan, it could lose approximately 250 points. Cost: $15,000 3. Repetitive Loss Area Analysis The attainment of a Class 5 is typically difficult for most communities. CRS Max Consultants considers the addition of a Repetitive Loss Area Analysis (RLAA) essential for the City to have the possibility of improving to a Class 5. The City earned 2,096 points to achieve its current Class 6 standing. To earn a Class 5, the City must earn at least 404 additional points to reach the 2,500 points total threshold required. We anticipate that the City may be able to earn a combination of approximately 300 additional points from the following activities: • Activity 360 Flood Protection Assistance • Activity 420 Open Space Preservation • Activity 450 Stormwater Management If properly developed, the RLAA will gain 140 points, which is over 25% of the 500 points separating classes. CRS Max consultants recently successfully completed a RLAA for the City of West Palm Beach, earning the full 140 points. Tasks required to develop a Repetitive Loss Area Analysis include the following: • Send letters to residents, businesses and agencies advising of matters related to RLAA • Visit every property in Repetitive Loss Areas • Perform data acquisition at each property, including pictures • Research, analyze and make recommendations • Develop Action Plan CRS Max Consultants, Inc. - 954-421-7794 - crsmaxinc@bellsouth.net Page 216 of 1161 City of Boynton Beach — CRS Consultant Services for FY 2018-2019 • Produce RLAA with supportive documentation • Facilitate adoption by Commission. Mapping of the repetitive loss areas using GIS technology is an essential component of the process. If the City chooses to use its own GIS capabilities for this task, the cost for the RLAA will be significantly reduced. Cost, including mapping: $15,000 Cost, not including mapping, $ 8,000 Following is the cost for the CRS services we propose for FY 2018—2019: CRS Service FY 2018-2019 Alternative 1 Alternative 2 Continuing Consultant $ 6,000.00 $ 6,000.00 Services Floodplain Management Plan $ 15,000.00 $ 15,000.00 Update Effort to Achieve Class 5 $ 15,000.00 $ 8,000.00 (Development of RLAA) TOTAL $ 36,000.00 $ 29,000.00 Over the past two years, the City has been piggybacking on Lee County's CN150249 MISCELLANEOUS PROFESSIONAL SERVICES FOR FEMAINFIP/CRS to retain the services of CRS Max Consultants, Inc. This contract with Lee County will remain effective in FY 2018—2019, enabling a continued piggyback arrangement. It has been our pleasure to work together with the City of Boynton Beach over the past six years, and we look forward to a continued successful partnership. CRS Max Consultants is available to answer any questions and to provide any clarifications in respect to these recommendations for CRS consultant services in FY 2018-2019. Summary FY 2018-2019 CRS Continuum Consultant Services $ 6,000 Flood Mitigation Plan Update $15,000 Repetitive Loss Area Analysis W,000 TOTAL $36,000 S Earl King, Vice President Date 4 CRS Max Consultants, Inc. - 954-421-7794 Mcrs maxincra)bell south.net Page 217 of 1161 Lee County *Is oksBOARD OF COUNTY COMMISSIONERS� Jal,"E.I'nanning (239) 533-5450 DlstocY Onu - July 9, 2015 l edi L Pendergrass - Dst,n Tw" Larry Ciker Dlstnci 7-11ree Ms. Cathy King Brian Hamel-rain CRS Max Consultants Inc. 3331 NW 71 Street Frarr'�,Vann Coconut Creep, FL 33073 Bisrrrct F=ive Roger Desjarlais Cauniv 10anager Richard ftii Welch SUBJECT: CN150249 MISCELLANEOUS PROFESSIONAL SERVICES FOR f:.Duoly Fir.;or,; y FEMA/NFIP/CRS Donna Marie cal',i:s oeanog Exwnno' ENCLOSURE(1): Executed Copy of Professional Services Agreement ENCLOSURE(2): Professional Services Invoice Statement Dear Ms. King: Enclosed is your executed copy of the Professional Services Agreement for the project known as "Miscellaneous Professional Services for FEMAINFIP/CRS". The Contract No. is 7177 and must be on all invoices. If you should have any questions, please contact our office at the above number. Sincerely, PROCUREMENT MANAGEMENT ) iwn w%fvx r. Diana Khan Procurement Manager C: Financoonbase ��;lcccicrk.orF Project File P.U. Bax 393, Fart Myers, Florida 33902-0398 1239)533-2111 Internet address http//wvvw iee-county.com AN EQUAL OPPORTUNITY UNITY AFFIIZNiATIVE ACTION EMPLOYER Page 218 of 1161 PROFESSIONAL SERVICES AGREEMENT This PROFESSIONAL SERVICES AGREEMENT is made and entered into this 14 day of 2between the Board of County Commissioners of LEE COUNTY, a political subdivision of the STATE OF FLORIDA hereinafter referred to as the "COUNTY", and CRS Max Consultants, Inc., hereinafter referred to as the "CONSULTANT". WITNESSETH WHEREAS,the COUNTY desires to obtain the professional services of said CONSULTANT to provide and perform professional services as further described hereinafter concerning the Project to be referred to and identified as:CN150249 Miscellaneous Professional Services for FEMA/NFIP/CRS; and WHEREAS, the CONSULTANT hereby certifies that CONSULTANT has been granted and possesses valid, current licenses to do business in the State of Florida and in Lee County, Florida, issued by the respective State Boards and Government Agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement; and WHEREAS,the CONSULTANT has reviewed the professional services required pursuant to this Agreement and is qualified, willing and able to provide and perform all such services in accordance with the provisions, conditions and terms hereinafter set forth; and WHEREAS, the selection and engagement of the CONSULTANT has been made by the COUNTY in accordance with the provisions of the Consultants' Competitive Negotiation Act, Chapter 287.055, Florida Statutes, and in accordance with applicable Lee County Administrative Codes. NOW, THEREFORE, in consideration of the mutual covenants, terms and provisions contained herein, the parties agree as follows: ARTICLE 1.00 - SCOPE OF PROFESSIONAL SERVICES CONSULTANT hereby agrees to provide and perform the professional services required and necessary to complete the services and work as set forth in attached EXHIBIT "A", entitled "SCOPE OF PROFESSIONAL SERVICES". ARTICLE 2.00 - DEFINITIONS The following definition of terms associated with this Agreement is provided to establish a common understanding between both parties to this Agreement as to the intended usage, application, and interpretation of such terms pertaining to this Agreement. 2.01 COUNTY The term COUNTY refers to the Board of County Commissioners of Lee County, a charter County and political subdivision of the State of Florida, and any official or employee duly authorized to act on the COUNTY'S behalf relative to this Agreement. 2.02 CONSULTANT The term CONSULTANT refers to the individual or firm offering professional services that, by execution of this Agreement, is legally obligated, responsible, and liable for providing and performing any Date: 10/25/13 Page 1 Page 219 of 1161 and all of the services, work and materials, including services and/or work of sub-consultants and subcontractors, required under the covenants, terms and provisions contained in this Agreement. 2.03 PROFESSIONAL SERVICES The term PROFESSIONAL SERVICES refers to all of the services, work, materials and related professional, technical and administrative activities to be provided and performed by the CONSULTANT and its employees, including all sub-consultants and subcontractors engaged by the CONSULTANT, to complete the services required pursuant to the covenants, terms and provisions of this Agreement. 2.04 SUB-CONSULTANT The term SUB-CONSULTANT refers to any individual or firm offering professional services that is engaged by the CONSULTANT to assist in providing and performing the professional services, work and materials for which the CONSULTANT is contractually obligated, responsible and liable to provide and perform under this Agreement. The COUNTY may not be deemed a party to, responsible or liable for, or assume any obligation whatsoever with respect to any Agreement between the CONSULTANT and any SUB-CONSULTANT. 2.05 SUBCONTRACTOR The term SUBCONTRACTOR refers to any individual, company or firm providing services other than professional services that is engaged by the CONSULTANT to assist in providing and performing services, work and materials for which the CONSULTANT is contractually obligated, responsible, and liable to provide and perform under this Agreement. The COUNTY may not be deemed a party to, responsible or liable for, or assume any obligation whatsoever for any Agreement between the CONSULTANT and any SUBCONTRACTOR. 2.06 PROJECT The term PROJECT refers to such facility, system, program or item as described in the summary statement set forth in the Preamble on Page One of this Agreement. 2.07 BASIC SERVICES The term BASIC SERVICES refers to the professional services set forth and required pursuant to this Agreement as described in further detail in the attached EXHIBIT "A" 2.08 ADDITIONAL SERVICES The term ADDITIONAL SERVICES refers to such professional services the COUNTY may request and authorize, in writing, for the CONSULTANT to provide and perform relative to this Agreement that are not included in the BASIC SERVICES. Additional services must be authorized by both parties through execution of a Change Order to this Agreement. 2.09 CHANGE ORDER The term CHANGE ORDER refers to a written document, CHANGE ORDER AGREEMENT, executed by both parties to this Agreement setting forth and authorizing changes to the agreed upon Scope of Professional Services and Tasks, Compensation and Method of Payment, Time and Schedule of Performance, or Project Guidelines and Criteria as such were set forth and agreed to in the initial AGREEMENT, SUPPLEMENTAL TASK AUTHORIZATIONS, or previous CHANGE ORDERS issued thereto. The CHANGE ORDER document, which must be executed on a Lee County standard form, will set forth the authorized changes to the: scope of professional services, tasks, work or materials to be performed Date: 10/25/13 Page 2 Page 220 of 1161 or provided by the CONSULTANT; the compensation and method of payment; the schedule or time period for performance and completion; and the guidelines, criteria and requirements pertaining thereto. CHANGE ORDERS will be identified as follows: (1) Owner changes: These will be additional services. (2) Changes due to design errors or omissions: Design services for these will be at no cost to the County. Change orders resulting from gross negligence on the part of the CONSULTANT team may be required to be paid for by CONSULTANT in full, including equipment. (3) Changes due to differing site conditions: These will be additional services. The CONSULTANT will review all contract requests for change orders and make recommendations to the County. The CONSULTANT will periodically meet to review Change Orders to determine the nature of the change orders and the proper disposition thereof. The CONSULTANT will not be held liable for costs of that portion of any CHANGE ORDER that the County would have borne in the absence of any error or omission or otherwise results in the "betterment" of the project. The amount of the change in contract compensation and time set forth in any and all Change Orders executed and issued under this Agreement shall be understood and agreed by both Parties to this Agreement to be fair, equitable, adequate and complete. The changed compensation shall be understood and agreed to be the total of all costs associated with or impacted by the Change Order including, but not limited to any and all direct costs, indirect costs and associated costs that may result from or be caused by the Change Order, and shall be understood and agreed to include a fair, equitable and adequate adjustment to cover the CONSULTANT'S general administrative and overhead costs and profit. In the event the County decides to delete all, or portions, of the Scope of Services, Tasks, or Requirements set forth in the initial Agreement, Supplemental Task Authorization or previously authorized Change Order, the COUNTY may do so by the unilateral issuance of a written Change Order to the CONSULTANT. Such a unilaterally issued Change Order shall set forth, if appropriate: (1) an agreement by both the COUNTY and the CONSULTANT establishing changes in the amount of compensation to be paid the CONSULTANT as a result of the deletion or decrease in services required; or, (2) in the absence of such an agreement concerning compensation, the unilaterally issued Change Order shall set forth the basis to be used in subsequently considering, and reaching agreement on change(s) in the compensation to be paid the CONSULTANT. The failure on the part of the CONSULTANT to execute a Change Order issued unilaterally by the COUNTY to effect a deletion or decrease in the services required shall have no effect on or otherwise prevent the COUNTY from exercising its rights to direct the stated deletion or decrease in the services to be provided or performed by the CONSULTANT. Should errors, omissions or conflicts in the drawings, specification or other Contract Documents prepared by or through the CONSULTANT be discovered, the CONSULTANT will prepare and submit to the County, within five working days unless otherwise authorized by the County, such amendments or supplementary documents to address the errors, omissions or conflicts, and provide consultation as may be required, for which the CONSULTANT will make no additional charges to the County. 2.10 SUPPLEMENTAL TASK AUTHORIZATION The term Supplemental Task Authorization as used refers to a written document executed by both parties to an existing Professional Services Agreement, or Service Provider Agreement, setting forth and authorizing a limited number of Professional Services, tasks, or work. Such Supplemental Task Authoriza- tions are consistent with and have previously been included within the scope of services in the initial Professional Services Agreement, or Service Provider Agreement, for which authorization has not been previously given or budgeted. 2.11 DEPARTMENT DIRECTOR The term DEPARTMENT DIRECTOR refers to the Director of the Department requesting the service, employed by the Lee County Board of County Commissioners to serve and act on the COUNTY'S Date: 10/25/13 Page 3 Page 221 of 1161 behalf, as it relates to this Project. The Chairman of the Board of County Commissioners, or designated representative, shall act on behalf of the COUNTY to execute any and all CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS approved by the COUNTY and issued to the CONSULTANT pursuant to this Agreement. The DEPARTMENT DIRECTOR, within the authority conferred by the Board of County Commissioners, acting as the COUNTY'S designated representative, shall issue written notification to the CONSULTANT of any and all changes approved by the COUNTY in the CONSULTANT'S: (1) compensation; (2) time and/or schedule of service delivery; (3) scope of services; or, (4) other changes relative to BASIC SERVICES and ADDITIONAL SERVICES pursuant to this Agreement, including CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS pertaining thereto. The DEPARTMENT DIRECTOR is responsible for acting on the COUNTY'S behalf to administer, coordinate, interpret and otherwise manage the contractual provisions and requirements set forth in this Agreement, including approved CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS. 2.12 PROJECT MANAGER The term PROJECT MANAGER refers to the person employed or retained by the COUNTY and designated, in writing, to serve and act on the COUNTY'S behalf to provide direct contact and communication between the COUNTY and CONSULTANT with respect to providing information, assistance, guidance, coordination, review, approval and acceptance of the professional services, work and materials to be provided and performed by the CONSULTANT pursuant to this Agreement and duly approved SUPPLEMENTAL TASK AUTHORIZATIONS and CHANGE ORDERS. The PROJECT MANAGER is not authorized to and may not issue any verbal, or written, request or instruction to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatsoever the: (1) Scope of Services to be provided and performed by the CONSULTANT; (2) The time the CONSULTANT is obligated to commence and complete all such services; or, (3) The amount of compensation the COUNTY is obligated or committed to pay the CONSULTANT. The PROJECT MANAGER will review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed, and reimbursable costs and expenses, as provided for in this Agreement, CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS. 2.13 LUMP SUM FEES Lump Sum Fees, hereinafter identified as L.S., are understood and agreed to include all direct and indirect labor costs, personnel related costs, overhead and administrative costs, costs of sub-consultants and/or subcontractors, out-of-pocket expenses and costs, professional service fees and any other costs or expenses which may pertain to the services and/or work to be performed, provided and/or furnished by the Consultant as may be required and/or necessary to complete each and every task set forth in the Scope of Professional Services, Exhibit "A", or as may be set in subsequent Supplemental Task Authorizations, and/or Change Orders agreed to in writing by both parties to this Agreement. 2.14 NOT-TO-EXCEED FEES When all, or any portion, of the CONSULTANT'S compensation to provide and perform the services and work necessary and required pursuant to the Tasks set forth in Agreement Exhibit "A", and any Change Orders, Supplemental Task Authorizations, and Work Orders authorized thereto, is established to be made on a NOT-TO-EXCEED (N.T.E.) amount basis, it is mutually understood and agreed that such compensation for each completed Task will be made on the following basis: For the actual hours necessary, required and expended by the CONSULTANT'S professional and technical personnel, multiplied by the applicable hourly rates for each classification or position as set forth in Attachment No. 1 to Exhibit "B", as attached, and any approved Change Orders or Date: 10/25/13 Page 4 Page 222 of 1161 Supplemental Task Authorizations; and For the actual necessary, required and expended non-personnel reimbursable expenses and costs, multiplied by the applicable "Basis of Charges" for each item as set forth in Attachment No. 2 to Exhibit "B", as attached, and any approved Change Orders or Supplemental Task Authorizations; and For the actual, necessary and required hours, and non-personnel expenses and costs, expended by Sub-Consultants and SubContractors engaged by the CONSULTANT, multiplied by such hourly rates and unit costs as are agreed to by the COUNTY and the CONSULTANT and as are set forth as a part of this Agreement and any approved Change Orders or Supplemental Task Authorizations; and With the understanding and agreement that the COUNTY will pay the CONSULTANT for all such costs and expenses within the established Not-to-Exceed amount for each Task or Sub-Task subiect to the CONSULTANT presenting an itemized and detailed invoice with appropriate supporting documentation attached thereto to show evidence satisfactory to the COUNTY covering all such costs and expenses; and With the understanding and agreement that the CONSULTANT'S invoices and all payments to be made for all Not-to-Exceed amounts will be subject to the review, acceptance and approval of the COUNTY; and with the understanding and agreement that when the CONSULTANT'S compensation is established on a Not-to-Exceed basis for a specific 'Task or Sub-Task the total amount of compensation to be paid the CONSULTANT to cover all personnel costs, non-personnel reimbursable expenses and costs, and Sub-Consultant and SubContractor costs for any such specific Tasks or Sub-Tasks shall not exceed the amount of the total Not-to-Exceed compensation established and agreed to for each specific Task or Sub-Task. In the event the amount of compensation for any Task or Sub-Task to which the CONSULTANT is entitled on the Not-to-Exceed basis set forth above is determined to be necessary, required and actually expended and is determined to be actually less than the Not-to-Exceed amount established for the specific Task or Sub-Task, it is understood and agreed that any unexpended amount under a specific Task or Sub-Task may not be used, applied, transferred, invoiced or paid for services or work provided or performed on any other Task or Sub-Task. ARTICLE 3.00 - OBLIGATIONS OF THE CONSULTANT The obligations of the CONSULTANT with respect to all the BASIC SERVICES and ADDITIONAL SERVICES authorized pursuant to this Agreement include, but are not limited to, the following: 3.01 LICENSES The CONSULTANT agrees to obtain and maintain throughout the period this Agreement is in effect all such licenses as are required to do business in the State of Florida and in Lee County, Florida, including, but not limited to, licenses required by the respective State Boards and other governmental agencies responsible for regulating and licensing the professional services provided and performed by the CONSULTANT pursuant to this Agreement. Date: 1.0125113 Page 5 Page 223 of 1161 3.02 PERSONNEL (1) QUALIFIED PERSONNEL The CONSULTANT agrees when the services to be provided and performed relate to a professional service that, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, to employ and/or retain only qualified personnel to be in responsible charge of all BASIC SERVICES and ADDITIONAL SERVICES to be provided pursuant to this Agreement. (2) CONSULTANT'S PROJECT DIRECTOR The CONSULTANT agrees to employ and designate, in writing, a qualified and, if required by law, a licensed professional to serve as the CONSULTANT'S Project Director. The CONSULTANT'S Project Director shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement thereto. The CONSULTANT'S Project Director shall have full authority to bind and obligate the CONSULTANT on any matter arising under this Agreement unless substitute arrangements have been furnished to the COUNTY in writing. The CONSULTANT agrees that the Project Director shall devote whatever time is required to satisfactorily direct, supervise and manage the services provided and performed by the CONSULTANT throughout the entire period this Agreement is in effect. The person selected by the CONSULTANT to serve as the CONSULTANT'S Project Director shall be subject to the prior approval and acceptance of the COUNTY. (3) REMOVAL OF PERSONNEL The CONSULTANT agrees, within thirty (30) calendar days of receipt of a written request from the COUNTY, to promptly remove and replace the CONSULTANT'S Project Director, or any other personnel employed or retained by the CONSULTANT, or personnel of the sub-consultants or subcontractors engaged by the CONSULTANT to provide and/or perform services and/or work pursuant to the requirements of this Agreement, who the COUNTY shall request, in writing, be removed, which request may be made by the COUNTY with or without cause. 3.03 TIMELY ACCOMPLISHMENT OF SERVICES The timely performance and completion of the required services, work and materials is vitally important to the interests of the COUNTY. Time is of the essence for all of the duties and obligations contained in this Agreement thereto. The COUNTY may suffer damages in the event that the CONSULTANT does not accomplish and complete the required services in a timely manner. The CONSULTANT agrees to employ, engage, retain and/or assign an adequate number of personnel throughout the period of this Agreement so that all BASIC SERVICES and ADDITIONAL SERVICES will be provided, performed and completed in a timely and diligent manner throughout. 3.04 STANDARDS OF PROFESSIONAL SERVICE The work and/or services to be provided and/or performed by the CONSULTANT and by any Sub-Consultants and/or SubContractors engaged by the CONSULTANT as set forth in the Scope of Date: 10/25/13 Page 6 Page 224 of 1161 Professional Services, Exhibit "A", shall be done in accordance with the generally accepted standards of professional practice and in accordance with the laws, rules, regulations, ordinances, codes, policies, standards or other guidelines issued by those governmental agencies which have jurisdiction over all or a portion of this project and which are in effect at the time the COUNTY approves this Agreement, or which may subsequently be changed or revised. Any subsequent change or revision to such laws, rules, regulations, ordinances, codes, policies, standards or other guidelines which requires the CONSULTANT to provide and/or perform work and/or services which are significantly different from that set forth in the Scope of Professional Services, Exhibit "A", shall serve as a basis for the COUNTY to consider the development and issuance of a Change Order to provide for a change to, or Additional Services to the services set forth in the Agreement. 3.05 CORRECTION OF ERRORS, OMISSIONS OR OTHER DEFICIENCIES (1) RESPONSIBILITY TO CORRECT The CONSULTANT agrees to be responsible for the professional quality, technical adequacy and accuracy, timely completion, and the coordination of all data, studies, surveys, designs, specifications, calculations, estimates,plans, drawings, construction documents,photographs, reports, memoranda, other docwnents and instruments, and other services, work and materials performed, provided, and/or furnished by CONSULTANT or by any sub-consultants and/or subcontractors retained or engaged by the CONSULTANT pursuant to this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in such data, studies, surveys, designs, specifications, calculations, estimates, plans, drawings, construction documents and instruments, and other services, work and materials resulting from the negligent act, errors or omissions or intentional misconduct of CONSULTANT or any sub-consultants or subcontractors engaged by the CONSULTANT. (2) COUNTY'S APPROVAL SHALL NOT RELIEVE CONSULTANT OF RESPONSIBILITY Neither review, approval, or acceptance by the COUNTY of data, studies, surveys, designs, specifications, calculations, estimates, plans, drawings, construction documents, photographs, reports, memoranda, other documents and instruments, and incidental professional services, work and materials furnished hereunder by the CONSULTANT, or any sub-consultants or subcontractors engaged by the CONSULTANT, shall in any way relieve CONSULTANT of responsibility for the adequacy, completeness and accuracy of its services, work and materials and the services, work and materials of any and all sub-consultants and/or subcontractors engaged by the CONSULTANT to provide and perform services in connection with this Agreement. Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the CONSULTANT'S services, work and materials shall be construed to operate as a waiver of any of the COUNTY'S rights under this Agreement, or any cause of action it may have arising out of the performance of this Agreement. 3.06 LIABILITY (1) CONSULTANT TO HOLD COUNTY HARMLESS Consistent with the provisions of FS s. 725.08, CONSULTANT agrees to indemnify and hold harmless the COUNTY, its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, Date: 10/25/13 Page 7 Page 225 of 1161 recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT, including, but not limited to sub-consultants, sub-contractors and materialmen, in the performance of this contract, including any Change Orders or Supplemental Task Authorizations. CONSULTANT and COUNTY agree that the monetary limitation on the indemnification provided under this contract is limited to the full amount of the contract award (i.e. Compensation to be paid Consultant as set forth in the attached Exhibit B), including any sums added or subtracted from the contract award through Change Orders or Supplemental Task Authorizations. Consistent with FS s. 768.28, COUNTY agrees that CONSULTANT will not be liable for damages arising out of the negligence of the COUNTY, its officers or employees. 3.07 NOT TO DIVULGE CERTAIN INFORMATION CONSULTANT agrees, during the term of this Agreement, not to divulge, furnish or make available to any third person, firm, or organization, without COUNTY'S prior written consent, or unless incident to the proper performance of CONSULTANT'S obligations hereunder, or in the course of judicial or legislative proceedings where such information has been properly subpoenaed., any non-public information concerning the services to be rendered by CONSULTANT or any sub-consultants or subcontractors pursuant to this Agreement. CONSULTANT shall require all of its employees, sub-consultants and subcontractors to comply with the provisions of this paragraph. 3.08 CONSULTANT TO REPAIR PROPERTY DAMAGE CAUSED BY THE CONSULTANT CONSULTANT agrees to promptly repair and/or replace, or cause to have repaired and/or replaced, at its sole cost and expense and in a manner acceptable to and approved by the COUNTY, any property damage arising out of, or caused by, the willful or negligent acts of the CONSULTANT, or of its sub-consultants and/or subcontractors. This CONSULTANT'S obligation under this sub-article does not apply to property damage caused by any other Consultant or Contractor engaged directly by the COUNTY. The COUNTY reserves the right, should the CONSULTANT fail to make such repairs and/or replacement within a reasonable period of time, to cause such repairs and/or replacement to be made by others and for all costs and expenses associated with having such repairs and/or replacement done to be paid for by the CONSULTANT, or by the CONSULTANT reimbursing the COUNTY for all such costs and expenses. 3.09 RESPONSIBILITY FOR ESTIMATES (1) In the event the services required pursuant to this Agreement include the CONSULTANT preparing and submitting to the COUNTY, cost estimates, the CONSULTANT, by exercise of his experience, effort, knowledge and judgment, shall develop such cost estimates as are set forth in, or as may be required under the Agreement and shall be held accountable, responsible and liable for the accuracy, completeness, and correctness of any and all such cost estimates. For purposes of the Liability Provisions of this Article only, the CONSULTANT'S estimates shall be considered valid and effective for a period of six (6) months from the date of the COUNTY'S acceptance of the estimates. (2) The cost estimates of CONSULTANTS or SUB-CONSULTANTS engaged by CONSULTANTS, for the appraisal or valuation of property or easements, or the estimate of damages or costs associated with the acquisition of property or easements are exempted from the provisions of Article 3.09. Date: 10/25/13 Page 8 Page 226 of 1161 (3) Cost Estimates (A) ORDER OF MAGNITUDE ESTIMATE This is an approximate estimate made without detailed architect/engineering data. Examples include, but are not limited to, an estimate from cost-capacity curves, an estimate using scale-up or scale-down factors, and an approximate ratio estimate. This type of estimate shall be accurate within plus fifty percent (50.0%). If the bids, as described above, fail to meet this prescribed accuracy, the cost associated with the preparation and development of the ORDER OF MAGNITUDE ESTIMATE shall be recoverable by the COUNTY. (B) BUDGET ESTIMATE Budget in this case applies to the COUNTY'S budget and not to the budget as a project controlled document. A budget is prepared with the use of flowsheets, layouts, and equipment details. This type of estimate shall be accurate within plus twenty-five percent (25.0%). If the bids, as described above, fail to meet this prescribed accuracy, the cost associated with the preparation and development of the BUDGET ESTIMATE shall be recoverable by the COUNTY. (C) CONSTRUCTION COST ESTIMATE. A construction cost estimate for purposes of this Agreement is an estimate prepared on the basis of well defined engineering/architectural data and on detailed information set forth in specifications, designs or drawings which are to be used as a basis for obtaining bids or price proposals for constructing the project. This type of estimate shall be accurate within plus or minus tenep .rcent 1( 0°/4) of the cost of the construction of the project. The accuracy and reliability of a CONSTRUCTION COST ESTIMATE is vital to the COUNTY'S interests because it may be used for such purposes as, but not limited to the following; budgeting, obtaining, allocating or obligating funds for the project; evaluating and determining the reasonableness and acceptableness of bids or price proposals for construction projects; or establishing the assessment amounts for Municipal Service Benefit Units (M.S.B.U.). In the event the COUNTY solicits and receives bids or price proposals from contractors on a construction project based on specifications, design, drawings and a CONSTRUCTION COST ESTIMATE prepared by the CONSULTANT, and the lowest bid or price proposal, submitted by a responsive and responsible bidder or proposer, which bid or price proposal exceeds the amount of the CONSULTANT'S CONSTRUCTION COST ESTIMATE by more than the percent accuracy set forth hereinabove, the CONSULTANT shall, upon notification by the COUNTY, assume responsibility for and proceed to provide and perform the following service without additional compensation: The CONSULTANT will, subject to the review and approval of the COUNTY, modify at its expense the specifications, design, drawings and related bidding and contract documents to the extent necessary to reduce the anticipated construction costs so that the re-solicitation of bids or price proposals will realize bids or price proposals being received that are within the range of accuracy established for the CONSTRUCTION COST ESTIMATE prepared by the Date: 10/25/13 Page 9 Page 227 of 1161 CONSULTANT. Any such modifications made by the CONSULTANT shall not conflict with the functional or operational requirements established by the COUNTY for the project and set forth in the Agreement or Change Order(s) or Supplemental Task Authorization(s) issued thereto, nor shall any such modifications conflict with established rules, regulations, requirements or professional standards pertaining to the design, specifications or drawings prepared by the CONSULTANT, nor shall such modifications adversely affect the safe use or operation of the constructed project. In the event (1) the CONSULTANT'S modification of the design, specifications, drawings and related bidding and contract documents, and, (2) the re-solicitation of bids or price proposals do not result in bids or price proposals being received from a responsive and responsible bidder or proposer that are within the established percent accuracy of the CONSULTANT'S CONSTRUCTION COST ESTIMATE, the costs associated with the CONSULTANT'S preparation and development of the CONSTRUCTION COST ESTIMATE shall be recoverable by the COUNTY by an appropriate reduction in the CONSULTANT'S invoice requesting payment for services rendered. For determination of compliance with the accuracy requirement established for the CONSTRUCTION COST ESTIMATE prepared by the CONSULTANT, the amount of the CONSTRUCTION COST ESTIMATE submitted by the CONSULTANT shall be adjusted from the date the CONSTRUCTION COST ESTIMATE was received by the COUNTY until the date bids or price proposals are received by the COUNTY, by applying the percent change in the "20 Cities Cost Index" as published in the ENR (formerly ENGINEERING NEWS-RECORD) a McGraw-Hill, Inc. publication. If, in response to its solicitation, the COUNTY receives less than three bids or priced proposals for a project, there is the potential that such bids or priced proposals may not be a realistic representation of the costs expected to be associated with the project. If under such circumstances, and if in the professional judgment of the CONSULTANT, the low bid or the low priced proposal received from a responsive bidder or proposer does not realistically represent the costs associated with the project, the CONSULTANT may deem it appropriate to recommend the COUNTY reject any such bids or priced proposals. If under such circumstances the COUNTY concurs with the CONSULTANT'S recommendation and rejects the bids or priced proposals, the COUNTY will not hold the CONSULTANT responsible to, nor will the COUNTY require the CONSULTANT to, modify the specifications, design, drawings and related bidding and contract documents as set forth hereinbefore. 3.10 PERMITS The CONSULTANT will be responsible for preparing and submitting all required applications and other supportive information necessary to assist the COUNTY in obtaining all reviews, approvals and permits, with respect to the CONSULTANT'S design, drawings and specifications required by any governmental body having authority over the project. Any fees required for such reviews, approvals or permits will be covered by a check issued by the COUNTY and made payable to the respective governmental body upon the CONSULTANT furnishing the COUNTY satisfactory documentation of such fees. The CONSULTANT will be similarly responsible for preparing and submitting all required applications and other supportive information necessary to assist the COUNTY in obtaining any renewals and/or extensions of reviews, approvals or permits that may be required while this Agreement is in effect. The COUNTY shall, at the CONSULTANT'S request, assist in obtaining required signatures and provide the Date: 10/25/13 Page 10 Page 228 of 1161 CONSULTANT with all information known to be available to the COUNTY so as to assist the CONSULTANT in the preparation and submittal of any original, renewal or extension of required reviews, approvals or permits. 3.11 ADDITIONAL SERVICES Should the COUNTY request the CONSULTANT to provide and perform professional services for this project which are not set forth in EXHIBIT "A", the CONSULTANT agrees to provide and perform such ADDITIONAL SERVICES as may be agreed to in writing by both parties to this Agreement. Such ADDITIONAL SERVICES shall constitute a continuation of the professional services covered under this Agreement and shall be provided and performed in accordance with the covenants, terms, and provisions set forth in this Agreement thereto. ADDITIONAL SERVICES shall be administered and authorized as "SUPPLEMENTAL TASK AUTHORIZATIONS" or "CHANGE ORDERS" under the Agreement. The CONSULTANT shall not provide or perform, nor shall the COUNTY incur or accept any obligation to compensate the CONSULTANT for any ADDITIONAL SERVICES unless and until a written `SUPPLEMENTAL TASK AUTHORIZATIONS" or "CHANGE ORDER" shall have been agreed to and executed by both parties. Each such "SUPPLEMENTAL TASK AUTHORIZATION" or "CHANGE ORDER" shall set forth a comprehensive, detailed description of: (1) the Scope of the ADDITIONAL SERVICES requested; (2) the basis of compensation; and, (3) the period of time and/or schedule for performing and completing said ADDITIONAL SERVICES. 3.12 TRUTH-IN-NEGOTIATIONS CERTIFICATE The COUNTY may request the CONSULTANT to execute a Truth-in-Negotiations Certificate ("Certificate"), in a form attached as EXHIBIT "F". The Certificate shall state that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time this Agreement is executed. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the COUNTY determines the contract price was increased due to inaccurate, incomplete or non-current wage rates or other factual unit costs. 3.13 COMPLETION OF TASKS Unless otherwise set forth in the Agreement the CONSULTANT shall be responsible for providing and performing whatever services, work, equipment, material, personnel, supplies, facilities, transportation and administrative support that are necessary and required to complete all of the tasks set forth in Agreement Exhibit "A" entitled "Scope of Professional Services" and Change Orders, and Supplemental Task Authorizations authorized. The compensation to be paid the CONSULTANT as set forth in Agreement Exhibit "B" entitled "Compensation and Method of Payment" and Change Orders, and Supplemental Task Authorizations authorized thereto shall be understood and agreed to adequately and completely compensate the CONSULTANT for providing and performing whatever services, work, equipment, material, personnel, supplies, facilities, transportation and administrative support that are necessary and required to complete the tasks set forth in Agreement Exhibit "A" and Change Orders, Supplemental Task Authorizations, and Work Orders authorized thereto as stated above." Date: 10/25/13 Page l 1 Page 229 of 1161. 3.14 AFFIRMATIVE ACTION BY CONSULTANT WHEN ENGAGING SUB-CONSULTANTS The Florida Legislature advocates expenditures with minority business enterprises and encourages agencies to establish procedures and opportunity for 25% of the annual fiscal funds spent for professional services to be used for contracts with certified Minority Business Enterprises. Accordingly, the CONSULTANT is encouraged, when selecting or engaging the services of sub-consultants or subcontractors pursuant to this Agreement, to spend 25% of the amount of awarded compensation established in this Agreement, and in subsequent CHANGE ORDERS and SUPPLEMENTAL TASK AUTHORIZATIONS authorized thereto, for the engagement of the services of certified Minority Business Enterprise sub-consultants or subcontractors. In furtherance of this statutory goal the COUNTY expects the CONSULTANT, when the services of sub-consultants and subcontractors are necessary, to identify those services that may be provided by a certified Minority Business entity and take affirmative action to obtain their services. For purposes of this Agreement, "affirmative action" means a good faith effort by the CONSULTANT to achieve the stated goal of engaging certified Minority Business Enterprise sub-consultants or subcontractors to provide or perform services and/or work pursuant to the SCOPE OF SERVICES required under this Agreement. The CONSULTANT is required to document efforts taken to engage the services of minority business enterprises and submit this information to the County upon request. Appropriate documentation includes detailed written records regarding the services the CONSULTANT deemed appropriate for subcontract to minority business enterprises, as well as successful and unsuccessful attempts to engage a certified Minority Business Enterprise for these services. The CONSULTANT, upon receipt of a written request by the COUNTY, shall within ten (10) calendar days thereafter submit to the COUNTY copies of records and supporting documentation to show evidence of its affirmative action efforts to achieve the above stated goal. The CONSULTANT is encouraged to contact the Lee County Department of Equal Opportunity for information and assistance regarding the COUNTY'S Minority Business Enterprise certification program and listing of certified Minority Business Enterprises. ARTICLE 4.00 - OBLIGATIONS OF THE COUNTY 4.01 DESIGNATION OF PROJECT MANAGER The COUNTY agrees after the execution of this Agreement to promptly advise the CONSULTANT, in writing, of the person designated to serve and act as the COUNTY'S PROJECT MANAGER pursuant to the provisions of Article 2.13 of this Agreement. Such notification shall be provided to the CONSULTANT by the COUNTY'S DEPARTMENT DIRECTOR. 4.02 AVAILABILITY OF COUNTY INFORMATION (1) PROJECT GUIDELINES AND CRITERIA Guidelines to the CONSULTANT regarding requirements the COUNTY has established or suggests relative to the Project including, but not limited to such items as: goals, objectives, constraints, and any special financial, budgeting, space, site, operational, equipment, technical, construction, time and scheduling criteria are set forth in attached EXHIBIT "E", entitled "PROJECT GUIDELINES AND CRITERIA". Date: 10/25/13 Page 12 Page 230 of 1161 (2) COUNTY TO PROVIDE PERTINENT REFERENCE MATERIAL At the CONSULTANT'S request, the COUNTY agrees to provide to the CONSULTANT, at no cost to the CONSULTANT, all pertinent information known to be available to the COUNTY to assist the CONSULTANT in providing and performing the required professional services. Such information may include, but not be limited to: previous reports; plans, drawings and specifications; maps; property, boundary, easement, right-of-way, topographic, reference monuments, control points, plats and related survey data; data prepared or services furnished by others to the COUNTY such as sub-surface investigations, laboratory tests, inspections of natural and man-made materials, property appraisals, studies, designs and reports. 4.03 AVAILABILITY OF COUNTY'S DESIGNATED REPRESENTATIVES The COUNTY agrees that the DEPARTMENT DIRECTOR and the PROJECT MANAGER shall be available within a reasonable period of time, with reasonable prior notice given by the CONSULTANT, to meet and/or consult with the CONSULTANT on matters pertaining to the services to be provided and performed by the CONSULTANT. The COUNTY further agrees to respond within a reasonable period of time to written requests submitted by the CONSULTANT. 4.04 ACCESS TO COUNTY PROPERTY The COUNTY agrees, with reasonable prior written notice given by the CONSULTANT, to provide the CONSULTANT with access within a reasonable period of time to COUNTY property, facilities, buildings and structures to enable the CONSULTANT to provide and perform the required professional services and work pursuant to this Agreement. Such rights of access shall not be exercised in such a manner or to such an extent as to impede or interfere with. COUNTY operations, or the operations carried on by others under a lease, or other contractual arrangement with the COUNTY, or in such a manner as to adversely affect the public health and safety. Such access may, or may not be, within the CONSULTANT'S normal office and/or field work days and/or work hours. ARTICLE 5.00 - COMPENSATION AND METHOD OF PAYMENT 5.01 BASIC SERVICES The COUNTY will pay the CONSULTANT for all requested and authorized BASIC SERVICES rendered hereunder by the CONSULTANT and completed in accordance with the requirements, provisions, and/or terms of this Agreement and accepted by the COUNTY in accordance with the provisions for compensation and payment of said BASIC SERVICES as set forth and prescribed in attached EXHIBIT "B", or on the basis of such changes to the established compensation as may be mutually agreed to by both parties to this Agreement and evidenced by a written and duly approved Change Order. 5.02 ADDITIONAL SERVICES The COUNTY will pay the CONSULTANT for all ADDITIONAL SERVICES that have been requested and authorized by the COUNTY and agreed to, in writing, by both parties to this Agreement and which have been rendered as ADDITIONAL SERVICES by the CONSULTANT and completed in accordance with the requirements, provisions, and/or terms of this Agreement and accepted by the COUNTY in accordance with the provisions for compensation and payment of said ADDITIONAL SERVICES as set forth and prescribed in attached EXHIBIT "B" or on the basis of such changes to the established compensation as may be mutually agreed to by both parties to this Agreement as evidenced by a written Change Order or Supplemental Task Authorization executed by both parties. Date: 10/25/13 Page 13 Page 231 of 1161 5.03 METHOD OF PAYMENT (1) MONTHLY STATEMENTS The CONSULTANT is -entitled to submit no more than one invoice statement to the COUNTY each calendar month covering services rendered during the preceding calendar month. The CONSULTANT'S invoice statements must be itemized to correspond to the basis of compensation as set forth in the Agreement, CHANGE ORDERS, or SUPPLEMENTAL TASK AUTHORIZATIONS. The CONSULTANT'S invoice statements must contain a breakdown of charges, description of services and work provided and/or performed, and where appropriate, supportive documentation of charges consistent with the basis of compensation set forth in the Agreement, CHANGE ORDERS, and/or SUPPLEMENTAL TASK AUTHORIZATIONS. (2) PAYMENT FOR SERVICES PERFORMED The COUNTY shall pay the CONSULTANT for services performed using either of the following methods, or using a combination thereof: (A) The COUNTY shall pay the CONSULTANT on the basis of services completed for tasks set forth in Exhibits "A" and "B", as evidenced by work products such as reports, drawings, specifications, etc., submitted by the CONSULTANT and accepted by the COUNTY. No payments shall be made for CONSULTANT'S Work-in-Progress until service items for which payment amounts have been established and set forth in this Agreement have been completed by the CONSULTANT and accepted by the COUNTY. Whenever an invoice statement covers services for which no work product is required to be furnished by the CONSULTANT to the COUNTY, the COUNTY reserves the right to retain ten percent (10%) of the amount invoiced until such service requirements are fully completed. (B) The COUNTY shall pay the CONSULTANT for services performed for tasks set forth in Exhibits "A" and "B" on the basis of an invoice statement covering CONSULTANT'S Work-in-Progress expressed as a percentage of the total cost of the service and/or work required for each task invoiced in this manner. All such Work-in-Progress percentages are subject to the review and approval of the COUNTY. The decision of the COUNTY shall be final as to the Work-in-Progress percentages paid. Payment by the COUNTY for tasks on a Work-in-Progress percentage basis shall not be deemed or interpreted in any way to constitute an approval or acceptance by the COUNTY of any such service or Work-in-Progress. The CONSULTANT shall be responsible for correcting, re-doing, modifying or otherwise completing the services and work required for each task before receiving final, full payment whether or not previous Work-in-Progress payments have been made. All tasks to be paid for on a Work-in-Progress percentage basis shall be agreed to by both parties to the Agreement and each task to be paid in this manner shall be identified in Exhibit "B" with the notation (WIPP). Only tasks so identified will be paid on a Work-in-Progress percentage basis. The COUNTY reserves the right to retain ten percent (10%) of the amount invoiced until such service requirements are fully completed. Date: 10/25/13 Page 14 Page 232 of 1161 (3) PAYMENT SCHEDULE The COUNTY shall issue payment to the CONSULTANT within thirty (30) calendar days after receipt of an invoice statement from the CONSULTANT in an acceptable form and containing the requested breakdown and detailed description and documentation of charges. Should the COUNTY object or take exception to the amount of any CONSULTANT'S invoice statement, the COUNTY shall notify the CONSULTANT of such objection or exception within the thirty (30) calendar day payment period set forth hereinbefore. If such objection or exception remains unresolved at the end of said thirty (30) calendar day period, the COUNTY shall withhold the disputed amount and make payment to the CONSULTANT of the amount not in dispute. Payment of any disputed amount, or adjustments thereto, shall be made within thirty (30) calendar days of the date such disputed amount is resolved by mutual agreement of the parties to this Agreement. 5.04 PAYMENT WHEN SERVICES ARE TERMINATED AT THE CONVENIENCE OF THE COUNTY In the event of termination of this Agreement at the convenience of the COUNTY, not at the fault of the CONSULTANT, the COUNTY shall compensate the CONSULTANT only for: (1) all services performed prior to the effective date of termination; (2) reimbursable expenses then due; and, (3) reasonable expenses incurred by the CONSULTANT in affecting the termination of services and work, and incurred by the submittal to the COUNTY of project drawings, plans, data, and other project documents. 5.05 PAYMENT WHEN SERVICES ARE SUSPENDED In the event the COUNTY suspends the CONSULTANT'S services and work on all or part of the services required to be provided and performed by the CONSULTANT pursuant to this Agreement, the COUNTY shall compensate the CONSULTANT only for the services performed prior to the effective date of suspension and. reimbursable expenses then due and any reasonable expenses incurred or associated with, or as a result of such suspension. 5.06 NON-ENTITLEMENT TO ANTICIPATED FEES IN THE EVENT OF SERVICE TERMINATION, SUSPENSION, ELIMINATION, CANCELLATION AND/OR DECREASE In the event the services required pursuant to this Agreement are terminated, eliminated, cancelled, or decreased due to: (1) termination; (2) suspension in whole or in part; and, (3) and/or are modified by the subsequent issuance of SUPPLEMENTAL TASK AUTHORIZATIONS and/or CHANGE ORDERS, other than receiving the compensation set forth in Sub-Articles 5.04 and 5.05, the CONSULTANT shall not be entitled to receive compensation for anticipated professional fees, profit, general and administrative overhead expenses or for any other anticipated income or expense which may be associated with the services which are terminated, suspended, eliminated, cancelled or decreased. ARTICLE GAO - TIME AND SCHEDULE OF PERFORMANCE 6.01 NOTICE TO PROCEED Following the execution of this Agreement by both parties, and after the CONSULTANT has complied with the insurance requirements set forth hereinafter, the COUNTY shall issue the CONSULTANT a WRITTEN NOTICE TO PROCEED. Following the issuance of such NOTICE TO PROCEED the CONSULTANT shall be authorized to commence work and the CONSULTANT thereafter Date: 10/25/13 Page 15 Page 233 of 1161 shall commence work promptly and shall carry on all such services and work as may be required in a timely and diligent manner to completion. 6.02 TIME OF PERFORMANCE The CONSULTANT agrees to complete the services required pursuant to this Agreement within the time periods for completion of the various phases and/or tasks of the project services set forth and described in this Agreement, as set forth in attached EXHIBIT "C", entitled "SCHEDULE OF PERFORMANCE. Should the CONSULTANT be obstructed or delayed in the prosecution or completion of its obligations under this Agreement as a result of causes beyond the control of the CONSULTANT, or its sub-consultants and/or subcontractors, and not due to their fault or neglect, the CONSULTANT shall notify the COUNTY, in writing, within five (5) calendar days after the commencement of such delay, stating the cause thereof and requesting an extension of the CONSULTANT'S time of performance. Upon receipt of the CONSULTANT'S request for an extension of time, the COUNTY shall grant the extension if the COUNTY determines the delay encountered by the CONSULTANT, or its sub-consultants and/or subcontractors, is due to unforeseen causes and not attributable to their fault or neglect. 6.03 CONSULTANT WORK SCHEDULE The CONSULTANT is required to prepare and submit to the COUNTY, on a monthly basis commencing with the issuance of the NOTICE TO PROCEED, a CONSULTANT'S WORK SCHEDULE. The WORK SCHEDULE must set forth the time and manpower scheduled for all of the various phases and/or tasks required to provide, perform and complete all of the services and work required for completion of the various phases and/or tasks of the project services as set forth in EXHIBIT "C" in such a manner that the CONSULTANT'S planned and actual work progress can be readily determined. The CONSULTANT'S WORK SCHEDULE of planned and actual work progress must be updated and submitted by the CONSULTANT to the COUNTY on a monthly basis. 6.04 FAILURE TO PERFORM 1N A TIMELY MANNER Should the CONSULTANT fail to commence, provide, perform and/or complete any of the services and work required pursuant to this Agreement in a timely and diligent manner, the COUNTY may consider such failure as justifiable cause to terminate this Agreement. As an alternative to termination, the COUNTY at its option, may, upon written notice to the CONSULTANT, withhold any or all payments due and owing to the CONSULTANT, not to exceed the amount of the compensation for the work in dispute, until such time as the CONSULTANT resumes performance of his obligations in such a manner as to get back on schedule in accordance with the time and schedule of performance requirements set forth in this Agreement, or any CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS issued thereto. ARTICLE 7.00 - SECURING AGREEMENT The CONSULTANT warrants that the CONSULTANT has. not employed or retained any company or person other than a bona fide, regular, full time employee working for the CONSULTANT to solicit or secure this Agreement and that the CONSULTANT has not paid or agreed to pay any person, company, corporation or firm other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. Date: 10/25/13 Page 16 Page 234 of 1161 ARTICLE 8.00 - CONFLICT OF INTEREST The CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. The CONSULTANT further agrees that no person having any such interest shall be employed or engaged by the CONSULTANT for said performance. If CONSULTANT, for itself and on behalf of its subconsultants, is about to engage in representing another client, which it in good faith believes could result in a conflict of interest with the work being performed by CONSULTANT or such sub-consultant under this Agreement, then it will promptly bring such potential conflict of interest to the COUNTY'S attention, in writing. The COUNTY will advise the CONSULTANT, in writing, within ten (10) calendar days as to the period of time required by the COUNTY to determine if such a conflict of interest exists. If the COUNTY determines that there is a conflict of interest, CONSULTANT or such sub-consultant shall decline the representation upon written notice by the COUNTY. If the COUNTY determines that there is not such conflict of interest, then the COUNTY shall give its written consent to such representation. If CONSULTANT or sub-consultant accepts such a representation without obtaining the COUNTY'S prior written consent, and if the COUNTY subsequently determines that there is a conflict of interest between such representation and the work being performed by CONSULTANT or such sub-consultant under this Agreement, then the CONSULTANT or such sub-consultant agrees to promptly terminate such representation. CONSULTANT shall require each of such sub-consultants to comply with the provisions of this Section. Should the CONSULTANT fail to advise or notify the COUNTY as provided hereinabove of representation which could, or does, result in a conflict of interest, or should the CONSULTANT fail to discontinue such representation, the COUNTY may consider such failure as justifiable cause to terminate this Agreement. ARTICLE 9.00 -ASSIGNMENT,TRANSFER AND SUBCONTRACTS The CONSULTANT shall not assign or transfer any of its rights, benefits or obligations hereunder, except for transfers that result from: (1) the merger or consolidation of CONSULTANT with a third party; or (2) the disestablishment of the CONSULTANT'S professional practice and the establishment of a successor consultant, or consulting organization. Nor shall the CONSULTANT subcontract any of its service obligations hereunder to third parties, except as otherwise authorized in this Agreement thereto,without prior written approval of the COUNTY. The CONSULTANT shall have the right, subject to the COUNTY'S prior written approval, to employ other persons and/or firms to serve as sub-consultants and/or subcontractors to CONSULTANT in connection with CONSULTANT providing and performing services and work pursuant to the requirements of this Agreement. The COUNTY shall have the right and be entitled to withhold such approval. Such approval shall not be unreasonably withheld. In providing and performing the services and work required pursuant to this Agreement, CONSULTANT intends to engage the assistance of the sub-consultants and/or subcontractors set forth in attached EXHIBIT "D", entitled "CONSULTANT'S ASSOCIATED SUB-CONSULTANTS AND SUBCONTRACTORS". Date: 10/25/13 Page 17 Page 235 of 1161 ARTICLE 10.00 -APPLICABLE LAW Unless otherwise specified, this Agreement shall be governed by the laws, rules, and regulations of the State of Florida, or the laws, rules, and regulations of the United States when providing services funded by the United States government. ARTICLE 11..00 - COVENANTS AGAINST DISCRIMINATION 11.01 FOR PROJECTS WITH FUNDS APPROPRIATED FROM GENERAL LEE COUNTY REVENUES The CONSULTANT for itself, its successors in interest, and assigns as part of the consideration thereof, does hereby covenant and agree that in the furnishing of services to COUNTY hereunder, no person on the grounds of race, color, national origin, handicap, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. The CONSULTANT shall comply with Lee County's Affirmative Action Plan or state laws in the hiring of sub-consultants. CONSULTANTS who are uncertain of their obligation must obtain a copy of all relevant guidelines concerning Lee County's Affirmative Action Plan from the Lee County Department of Equal Opportunity. 11.02 FOR PROJECTS WITH FUNDS APPROPRIATED EITHER IN PART OR WHOLLY FROM FEDERAL OR STATE SOURCES The CONSULTANT for itself, its successors in interest, and assigns as part of the consideration thereof, does hereby covenant and agree that in the furnishing of services to COUNTY hereunder, no person on the grounds of race, color, national origin, handicap, or sex shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. The CONSULTANT shall make every effort to comply with any Disadvantaged Business Enterprise goals which have been established for this project. CONSULTANTS who are uncertain of their obligations regarding Disadvantaged Business Enterprises for this project must obtain a copy of all relevant federal or state guidelines from the Lee County Department of Equal Opportunity. The failure of the CONSULTANT to adhere to relevant guidelines shall subject the CONSULTANT to any sanctions which may be imposed upon the COUNTY. ARTICLE 12.00 - WAIVER OF BREACH Waiver by either party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. ARTICLE 13.00 -INSURANCE 13.01 INSURANCE COVERAGE TO BE OBTAINED (1) The CONSULTANT shall obtain and maintain such insurance as will protect him from: (1) claims under workers' compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and, (4) from claims Date: 10/25/13 Page 18 Page 236 of 1161 for injury to or destruction of tangible property including loss or use resulting therefrom; any or all of which claims may arise out of, or result from, the services, work and operations carried out pursuant to and under the requirements of this Agreement, whether such services, work and operations be by the CONSULTANT, its employees, or by any sub-consultants, subcontractors, or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. (2) The insurance protection set forth hereinabove shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. (3) The CONSULTANT, throughout the time this Agreement is in effect, shall require and ensure that any and all of its Sub-Consultants and/or Subcontractors obtain, have, and maintain the insurance coverage's required by law to be provided. (4) The CONSULTANT shall obtain, have and maintain during the entire period of this Agreement all such insurance policies as are set forth and required herein. (5) In the event that the CONSULTANT engages Sub-Consultants or Sub-Contractors to assist the CONSULTANT in providing or performing services or work pursuant to the requirements of this Agreement, the insurance coverage's required under Article 13.03 to be provided by the CONSULTANT shall cover all of the services or work to be provided or performed by all of the Sub-Consultants or SubContractors engaged by the CONSULTANT. However, in the event the services or work of Sub-Consultants or Sub-Contractors engaged by the CONSULTANT is not covered by the CONSULTANT'S INSURANCE POLICY(s), it shall be the responsibility of the CONSULTANT to ensure that all Sub-Consultants or Sub-Contractors have fully complied with the COUNTY insurance requirements for: (1) Worker's Compensation; (2) Commercial General Liability; (3) Commercial Automobile Liability; or, {4} Professional Liability as required and set forth in Agreement Article 13.00. The services or work to be provided or performed by the following Sub-Consultants or Sub-Contractors identified in Agreement Exhibit "D" are exempted and excluded from the Professional Liability insurance coverage requirements set forth in this Agreement: Service and/or work to be Indicate Name of Provided and/or Performed Individual or Firm /V 011 (If none, enter the word "none" in the space below.) j Date: 10/25/13 Page 19 Page 237 of 1161 (6) The insurance coverage to be obtained by the CONSULTANT or by Sub-Consultants or Sub- Contractors engaged by the CONSULTANT, as set forth in Agreement Article 13.03 for: (1) Workers' Compensation; (2) Comprehensive General Liability; (3) Comprehensive Automobile Liability; or(4) Professional Liability is understood and agreed to cover any and all of the services or work set forth in Agreement Exhibit "A" and all subsequent Change Orders or Supplemental Task Authorizations. In the event the COUNTY shall execute and issue a written Change Order or Supplemental Task Authorization authorizing the CONSULTANT to provide or perform services or work in addition to those set forth in Agreement Exhibit "A", it is agreed that the COUNTY has the right to change the amount of insurance coverage's required to cover the additional services or work. If the additional insurance coverage's established exceeds the amount of insurance coverage carried by the CONSULTANT, the compensation established for the Change Order or Supplemental Task Authorization shall include consideration of any increased premium cost incurred by the CONSULTANT to obtain same. 13.02 CONSULTANT REQUIRED TO FILE INSURANCE CERTIFICATEN (1) The CONSULTANT shall submit to the COUNTY'S RISK MANAGEMENT DIVISION all insurance certificates which are required under this Agreement for review and approval with respect to compliance with the insurance requirements. After approval by the RISK MANAGEMENT DIVISION, the COUNTY will execute this Agreement and issue a written Notice to Proceed. The CONSULTANT may then commence with any service or work pursuant to the requirements of this Agreement. (2) All such insurance certificates shall be in a form and underwritten by an insurance company(s) acceptable to the COUNTY and licensed in the State of Florida. (3) Each Certificate of Insurance submitted to the COUNTY shall be an original and shall be executed by an authorized representative of the insurance company affording coverage. (4) Each Certificate of Insurance shall be addressed to the Lee County Board of County Commissioners, Attention: Lee County Procurement Management, P O Box 398, Fort Myers, Florida 33902-0398. (5) Each Certificate of insurance shall specifically include all of the following: (A) The name and type of policy and coverage's provided; and (B) The arnount or limit applicable to each coverage provided and the deductible amount, if any, applicable to each type of insurance coverage being provided; and (C) The date of expiration of coverage; and (D) The designation of the Lee County Board of County Commissioners both as an additional insured and as a certificate holder. (This requirement is excepted for Professional Liability Insurance and for Workers' Compensation Insurance); and (E) A specific reference to this Agreement and the Project to which it pertains. (This requirement may be excepted for Professional Liability insurance); or Date: 10125113 Page 20 Page 238 of 1161 In the event the CONSULTANT has, or expects to enter into an agreement for professional services other than those provided for in this Agreement, the CONSULTANT may elect to submit a certificate of insurance containing the following statement: "This policy covers the services or work provided or performed by the Named Insured for any and all projects undertaken for Lee County pursuant to one or more written Professional Services Agreements, or written Supplemental Task Authorizations, or Change Orders thereto, and the limits of liability shown shall not be intended or construed as applying to only one project." Upon receipt and approval of such a certificate of insurance the COUNTY will administer the insurance required for all such agreements utilizing the single "multi-project" certificate of insurance and a separate certificate of insurance will not be required for each separate agreement. (F) A statement indicating any services or work included in or required under Agreement Exhibit "A" Scope of Professional Services that is specifically excluded or exempted from coverage under the provisions, terms, conditions or endorsements of the CONSULTANT'S insurance policy. A statement which indicates any and all deductible amounts applicable to each type of insurance coverage required. In the absence of any such statements, the COUNTY will proceed with the understanding, stipulation and condition that there are no deductible amounts, or exclusions or exemptions to the insurance coverage provided. (6) Each Certificate of Insurance shall be issued by an insurance agent and/or agency duly authorized to do so by and on behalf of the insurance company affording the insurance coverage indicated on each Certificate of Insurance. (7) If the initial or any subsequently issued Certificate of Insurance expires prior to the completion of the work or termination of this Agreement, the CONSULTANT shall furnish to the COUNTY renewal or replacement Certificate of Insurance, or Certified Binder, not later than fifteen (15) calendar days after the date of their expiration. Failure of the CONSULTANT to provide the COUNTY with such renewal certificates shall be considered justification for the COUNTY to terminate this Agreement. (8) if any of the insurance coverages required by this Agreement shall reach the date of expiration indicated on the approved Certificates of Insurance without the COUNTY having received satisfactory evidence of renewal or replacement,the CONSULTANT shall automatically and without further notice stop performing all previously authorized services and work. During any time period that the CONSULTANT'S services or work is suspended for failure to comply with the insurance requirements set forth in the Agreement, the CONSULTANT shall not be entitled to any additional compensation or time to provide and perform the required services or work and the COUNTY shall not be required to make payment on any invoices submitted by the CONSULTANT. Upon receipt and approval of renewal or replacement Certificates of Insurance, payment for any such invoices shall be made promptly by the COUNTY. 13.03 - INSURANCE COVERAGES REQUIRED The CONSULTANT shall obtain and maintain the following insurance coverages as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements: Date: 10/25/13 Page 21 Page 239 of 1161 (1) WORKERS' COMPENSATION Statutory benefits as defined by FS 440 encompassing all operations contemplated by this contract or agreement to apply to all owners, officers, and employees regardless of the number of employees. Workers Compensation exemptions may be accepted with written proof of the State of Florida's approval of such exemption. Employers' liability will have minimum limits of: $,500,000 per accident $ 500,000 disease limit $500,000 disease—policy limit (2) COMMERCIAL GENERAL LIABILITY Coverage must be afforded on a form no more restrictive than the last edition of the Commercial General Liability Policy filed by the Insurance Services Office. Coverage shall apply to premises and/or operations, products and completed operations, independent contractors, contractual liability exposures with minimum limits of: $1,000,000 per occurrence $2,000,000 general aggregate $ 1,000,000 products and completed operations $ 1,000,000 personal and advertising injury Coverage must include the following: (A) Contractual coverage applicable to this specific Agreement including any hold harmless and/or such indemnification agreement. (B) Such additional requirements as are set forth in Article 13.01 and 13.02 hereinabove. (3) BUSINESS AUTOMOBILE LIABILITY Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy filed by the Insurance Services Office and must include the following: (A) Minimum limits of$ 1,000,000.00 combined single limit(CSL). (B) Coverage shall include owned vehicles, hired and leased, or non-owned vehicles. (C) Such additional requirements as are set forth in Articles 13.01 (4) ERRORS AND OMISSIONS Coverage shall include professional liability insurance,to cover claims arising out of negligent acts, errors or omissions of professional advice or other professional services. Coverage must include the following: Date: 10/25/13 Page 22 Page 240 of 1161 (A) $1.,000,000 combined single limit(CSL) of BI and PD (B) Such additional requirements as are set forth in Articles 13.01 and 13.02 hereinabove. (C) Should the Professional Liability Insurance Policy issued pursuant to the above requirements and limits be written so as to provide an applicable deductible amount, or other exclusion or limitation as to the amount of coverage to be provided within the minimum coverage limits set forth above, the COUNTY shall hold the CONSULTANT responsible and liable for any such difference in the amount of coverage provided by the insurance policy. In the event of any such deductible amount, exclusion or limitation, the CONSULTANT shall be required to provide written documentation that is acceptable to the COUNTY establishing that the CONSULTANT has the financial resources readily available to cover damages, injuries and/or losses which are not covered by the policy's deductible amounts, exclusions and/or limitations as stated above. *The required minimum limit of liability shown in (2) Commercial General Liability and (3) Business Automobile Liability, may be provided in the form of"Excess Insurance" or "Commercial Umbrella Policies." In which case, a "Following Form Endorsement" will be required on the "Excess Insurance Policy" or"Commercial Umbrella Policy." ARTICLE 14.00 - DUTIES AND OBLIGATIONS IMPOSED ON THE CONSULTANT The duties and obligations imposed upon the CONSULTANT by this Agreement and the rights and remedies available hereunder shall be in addition to, and not a limitation of, any otherwise imposed or available by law or statute. ARTICLE 15.00 -REPRESENTATION OF THE COUNTY The CONSULTANT in providing and performing the services and work required pursuant to this Agreement thereto shall only represent the COUNTY in the manner and to the extent specifically set forth in writing in this Agreement, and as provided in any written SUPPLEMENTAL TASK AUTHORIZATION or CHANGE ORDER issued hereunder. In the event the CONSULTANT'S services or work involves construction contract administrative support services, the CONSULTANT is not authorized to act on the COUNTY'S behalf, and shall not act on the COUNTY'S behalf, in such a manner as to result in changes to: (1) the cost or compensation to be paid the construction contractor; or, (2) the time for completing the work as required and agreed to in the construction contract; or, (3) the scope of the work set forth in the construction contract documents, unless such representation is specifically provided for, set forth and authorized in this Agreement or thereto. The COUNTY will neither assume nor accept any obligation, commitment, responsibility or liability which may result from representation by the CONSULTANT not specifically provided for and authorized as stated hereinabove. ARTICLE 16.00 - OWNERSHIP OF DOCUMENTS All documents such as drawings, tracings, notes, computer files, photographs, plans, specifications, maps, evaluations, reports and other records and data relating to this project, other than working papers, specifically prepared or developed by the CONSULTANT under this Agreement shall be property of the Date: 10/25/13 Page 23 Page 241 of 1161 CONSULTANT until the CONSULTANT has been paid for providing and performing the services and work required to produce such documents. Upon completion or termination of this Agreement, or upon the issuance by the COUNTY of a written Change Order deleting all or portions of the scope of services or task(s) to be provided or performed by the CONSULTANT, all of the above documents, to the extent requested in writing by the COUNTY, shall be delivered by the CONSULTANT to the COUNTY within seven (7) calendar days of the COUNTY making such a request. In the event the COUNTY gives the CONSULTANT a written Notice of Termination of all or part of the services or work required, or upon the issuance to the CONSULTANT by the COUNTY of a written Change Order deleting all or part of the services or work required, the CONSULTANT shall deliver to the COUNTY the requested documents as set forth hereinabove, with the mutual understanding and commitment by the COUNTY that compensation earned or owing to the CONSULTANT for services or work provided or performed by the CONSULTANT prior to the effective date of any such termination or deletion will be paid to the CONSULTANT within thirty (30) calendar days of the date of issuance of the Notice of Termination or Change Order. The CONSULTANT, at its expense, may make and retain copies of all documents delivered to the COUNTY for reference and internal use. The CONSULTANT shall not, and agrees not to; use any of these documents, and data and information contained therein on any other project or for any other client without the prior expressed written permission of the COUNTY. Any use by the COUNTY of said documents, and data and information contained therein, obtained by the COUNTY under the provisions of this Agreement for any purpose not within the scope of this Agreement shall be at the risk of the COUNTY, and without liability to the CONSULTANT. The COUNTY shall be liable and agrees to be liable for and shall indemnify, defend and hold the CONSULTANT harmless for any and all claims, suits, judgments or damages, losses and expenses including court costs, expert witness and professional consultation services, and attorneys' fees arising out of the COUNTY'S use of such documents in a manner contrary to the provisions set forth hereinabove. The COUNTY hereby acknowledges receipt of $10.00 (ten and no hundreds dollars) and other good and valuable consideration from the CONSULTANT which has been paid as specific consideration for the indemnification provided herein. ARTICLE 17.00 -MAINTENANCE OF RECORDS The CONSULTANT will keep and maintain adequate records and supporting documentation applicable to all of the services, work, information, expense, costs, invoices and materials provided and performed pursuant to the requirements of this Agreement. Said records and documentation will be retained by the CONSULTANT for a minimum of five (5)years from the date of termination of this Agreement. The COUNTY and its authorized agents shall, with reasonable prior notice, have the right to audit, inspect and copy all such records and documentation as often as the COUNTY deems necessary during the period of this Agreement, and during the period five (5) years thereafter; provided, however, such activity shall be conducted only during normal business hours and at the expense of the COUNTY, and provided further that to the extent provided by law the COUNTY shall retain all such records confidential. ARTICLE 18.00 -HEADINGS The HEADINGS of the Articles, Sections, Exhibits, Attachments, Phases or Tasks as contained in' this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions contained in such Articles, Sections, Exhibits, Attachments, Phases or Tasks. Date: 10125113 Page 24 Page 242 of 1161 ARTICLE 19.00 -ENTIRE AGREEMENT This Agreement, including referenced Exhibits and Attachments hereto, constitutes the entire Agreement between the parties hereto and shall supercede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matters set forth herein, and any such prior agreements or understandings shall have no force or effect whatever on this Agreement. The following listed documents, which are referred to hereinbefore, are attached to and are acknowledged, understood and agreed to be an integral part of this Agreement: (1) EXHIBIT "A" entitled "Scope of Professional Services". (2) EXHIBIT "B" entitled "Compensation and Method of Payment". (3) EXHIBIT "C" entitled "Time and Schedule of Performance". (4) EXHIBIT "D" entitled "Consultant's Associated Sub-Consultants and SubContractors". (5) EXHIBIT "E" entitled "Project Guidelines and Criteria". (6) EXHIBIT "F" entitled "Truth in Negotiation Certificate". (7) EXHIBIT "G" entitled "Insurance". (Containing copies of applicable Certificates of Insurance) (8) EXHIBIT "H" entitled "Amendment to Articles". ARTICLE 20.00 - NOTICES AND ADDRESS OF RECORD 20.01 NOTICES BY CONSULTANT TO COUNTY All notices required and/or made pursuant to this Agreement to be given by the CONSULTANT to the COUNTY shall be in writing and shall be given by the United States Postal Service Department first class mail service, postage prepaid, addressed to the following COUNTY address of record and sent to the attention of the County's Project Manager: Lee County Board of County Commissioners Post Office Box 398 Fort Myers, Florida 339020398 Department: County Administration Date: 10/25/13 Page 25 Page 243 of 1161 20.02 NOTICES BY COUNTY TO CONSULTANT All notices required and/or made pursuant to this Agreement to be given by the COUNTY to the CONSULTANT shall be made in writing and shall be given by the United States Postal Service Department first class mail service, postage prepaid, addressed to the following CONSULTANT'S address of record: Name C KS McL oil fiz : -To C . Address 3'3 W 1 71 --51-re 'f City, State Zip C C)(,5,�"f Creek?, J--Z- 13-3 07 Phone and Fax No. (`f5 11- LI Z I - 7 7 ? ' ATTENTION: Ca N 4_ Z— 1��,°, . &i-5,,':.taearr Email: A,,j Z Q. e ., 20.03 CHANGE OF ADDRESS OF RECORD Either party may change its address of record by written notice to the other party given in accordance with the requirements of this Article. ARTICLE 21.00 - TERMINATION This Agreement may be terminated by the COUNTY at its convenience, or due to the fault of the CONSULTANT, by the COUNTY giving thirty (30) day written notice to the CONSULTANT. If the CONSULTANT is adjudged bankrupt or insolvent; if it makes a general assignment for the benefit of its creditors; if a trustee or receiver is appointed for the CONSULTANT or for any of its property; if it files a petition to take advantage of any debtor's act or to reorganize under the bankruptcy or similar laws; if it disregards the authority of the COUNTY'S designated representatives; if it otherwise violates any provisions of this Agreement; or for any other just cause, the COUNTY may, without prejudice to any other right or remedy, and after giving the CONSULTANT a thirty (30) calendar day written notice, terminate this Agreement. In addition to the COUNTY'S contractual right to terminate this Agreement in its entirety as set forth above, the COUNTY may also, at its convenience, stop, suspend, supplement or otherwise change all, or any part of, the Scope of Professional Services as set forth in Exhibit "A", or the Project Guidelines and Criteria as set forth in Exhibit "E", or as such may be established by a Supplemental Task Authorization or Change Order Agreement. The COUNTY shall provide written notice to the CONSULTANT in order to implement a stoppage, suspension, supplement or change. The CONSULTANT may request that this Agreement be terminated by submitting a written notice to the COUNTY dated not less than thirty (30) calendar days prior to the requested termination date and stating the reason(s) for such a request. However, the COUNTY reserves the right to accept or not accept the termination request submitted by the CONSULTANT, and no such termination request submitted by the CONSULTANT shall become effective unless and until CONSULTANT is notified, in writing, by the COUNTY of its acceptance. 21.01 CONSULTANT TO DELIVER MATERIAL Upon termination, the CONSULTANT shall deliver to the COUNTY all papers, drawings, models, and other material in which the COUNTY has exclusive rights by virtue hereof or of any business done, or services or work performed or provided by the CONSULTANT on behalf of the COUNTY. Date: 10/25/13 Page 26 Page 244 of 1161 ARTICLE 22.00 -AMENDMENTS The covenants, terms and provisions set forth and contained in all of the Articles to this Agreement may be amended upon the mutual acceptance thereof, in writing, by both parties to this Agreement, as evidenced by Exhibit H for amending articles. In the event of any convicts between the requirements, provisions and/or terms of the Agreement and any written Amendment (Exhibit H), the requirements, provisions and/or terms of the Amendment shall take precedence. ARTICLE 23.00 - MODIFICATIONS Modifications to covenants, terms and provisions of this Agreement shall only be valid when issued in writing as a properly executed CHANGE ORDERS or SUPPLEMENTAL TASK AUTHORIZATIONS. In the event of any conflicts between the requirements, provisions, and/or terms of this Agreement and any written CHANGE ORDERS and/or SUPPLEMENTAL TASK AUTHORIZATIONS, the latest executed CHANGE ORDER and/or SUPPLEMENTAL TASK AUTHORIZATION shall take precedence. In the event the COUNTY issues a purchase order, memorandum, letter, or other instruments covering the professional services, work and materials to be provided and performed pursuant to this Agreement, it is hereby specifically agreed and understood that such purchase order, memorandum, letter or other instruments are for the COUNTY'S internal control purposes only, and any and all terms, provisions and conditions contained therein, whether printed or written, shall in no way modify the covenants, terms and provisions of this Agreement and shall have no force or effect thereon. No modification, waiver, or termination of the Agreement or of any terms thereof shall impair the rights of either party. ARTICLE 24.00—SEVERABILITY If any word, phrase, sentence, part, subsection, or other portion of this Agreement, or any application thereof, to any person, or circumstance is declared void, unconstitutional, or invalid for any reason,then such word, phrase, sentence, part, subsection, other portion, or the proscribed application thereof, shall be severable, and the remaining portions of this Agreement, and all applications thereof, not having been declared void, unconstitutional, or invalid, shall remain in full force, and effect. ARTICLE 25.00—VENUE Venue for any administrative and/or legal action arising under this Agreement shall be in Lee County, Florida. ARTICLE 26.00—NO THIRD PARTY BENEFICIARIES Both parties explicitly agree, and this Agreement states that no third party beneficiary status or interest is conferred to, or inferred to, any other person or entity. Date: 10/25/13 Page 27 Page 245 of 1161 ARTICLE 27.00 -ACCEPTANCE Acceptance of this Agreement shall be indicated by the signature of the duly authorized representative of the hereinabove named parties in the space provided hereinafter and being attested and witnessed as indicated. IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have executed this Agreement effective the day and year first written above. ATTEST: COUNTY: LEE COUNTY, FLORIDA CLERK OF CIRCUIT COURT BOARD OF COUNTY COMMISSIONERS Lin og tt, Clerk BY: BY: ' hair DMMY(CLERIC DAT . � S APPROVED as to Form for the Reliance of Lee County Only BY: ® County Attorney's Office ATTEST: Firm BY: LOLU tr . Authorised Signature (Witness) Authorized Signatur Printed Name P eSt (Witnessy Authorized Signature Title DATE: i5 CORPORATE SEAL: Date: 10/25/13 Page 28 Page 246 of 1161 EXHIBIT A SCOPE OF SERVICES for CN150249 Miscellaneous Professional Services for FEMA/NFIP/CRS BASIC SERVICES Section 1. GENERAL SCOPE STATEMENT The CONSULTANT shall provide and perform the following services, which shall constitute the GENERAL SCOPE of the BASIC SERVICES under the covenants, terms, and provisions of this SERVICE PROVIDER AGREEMENT. Professional engineering and miscellaneous consultant services to perform hydraulic, hydrologic or other analysis necessary for Federal Emergency Management Agency(FEMA) Letter of Map Revision applications—either coastal or riverine,to review Lee County concurrence for private Letter of Map Revision applications—either coastal or riverine,to consult or provide technical engineering services as needed to assist Lee County in providing local input to flood mapping processes,to advise on compliance to National Flood Insurance Program(NFIP) and Community Rating System (CRS)regulations, assist in public information and hearings,provide expert witness testimony. Section 2. TASKS Pursuant to the GENERAL SCOPE of the BASIC SERVICES stated herein above, the CONSULTANT shall perforin all services and/or work necessary to complete the following task(s) and/or provide the following item(s) which are enumerated to correspond to the task(s) and/or items set forth in EXHIBIT `B"entitled "COMPENSATION AND METHOD OF PAYMENT". The Consultant's services could be retained for any of the tasks separately or all of the tasks collectively. The CONSULTANT shall perform all services and/or work necessary to complete the following tasks(s): TASK INDEX Hydraulic Engineering& Supporting Modeling and Mapping Services Hydrologic Engineering& Supporting Modeling and Mapping Services Submission of Applications/Revisions to FEMA Responding to additional information requests from FEMA with regard to submitted applications/revisions Review of Private Applications for Lee County Concurrence Review Annual Submissions for CRS Membership Review Submissions for CRS Site Visits Attend CRS Site Visits Review and Draft Responses to FEMA/NFIP/CRS Request for Comments Assist in Public Hearings and Informational Forums Provide Expert Testimony or matters related to FEMA flood risk mapping Al of Al Page 247 of 1161 EXIIIBIT B COMPENSATION AND METHOD OF PAYMENT For CN150249 Miscellaneous Professional Services for FEMA/NFIP/CRS Section 1. BASIC SERVICESITASK(S) The COUNTY shall compensate the CONSULTANT for providing and performing the Task(s) set forth and enumerated in EXHIBIT "A", entitled "SCOPE OF PROFESSIONAL SERVICES", as follows: NOTE: A Lump Sun(L.S.) or Not-to-Exceed(N.T.E.) amount of compensation to be paid the CONSULTANT should be established and set forth below for each task or sub-task described and authorized in Exhibit "A". In accordance with Agreement Article 5.02(2) "Method of Payment",tasks to be paid on a Work-in-Progress payment basis should be identified(WIPP). Indicate Task Amount of Basis of If Applicable Nwnber Task Title Compensation Compensation Indicate LS or NTE W.I.P.P. TOTAL (Unless list is continued on next page) CMO:033 09/25/01 Page B 1 of B Page 248 of 1161 EXHIBIT B (Continued) Section 2. ADDITIONAL SERVICES The COUNTY shall compensate the CONSULTANT for such ADDITIONAL SERVICES as are requested and authorized in writing for such amounts or on such a basis as may be mutually agreed to in writing by both parties to this Agreement. The basis and/or amount of compensation to be paid the CONSULTANT for ADDITIONAL SERVICES requested and authorized in writing by the COUNTY shall be as set forth in Article 3.11 of this Agreement. Should it be mutually agreed to base compensation for ADDITIONAL SERVICES on an hourly rate charge basis for each involved professional and technical employee's wage rate classification, the applicable hourly rates to be charged are as set forth and contained in ATTACHMENT NO. 1 entitled "CONSULTANT'S PERSONNEL HOURLY RATE SCHEDULE". .Section '). REIMBURSABLE EXPENSES AND COSTS When the CONSULTANT'S compensation and method of payment is based on an hourly rate for professional and/or technical personnel, the CONSULTANT shall, in addition to such hourly rates as are set forth in Attachment No. 1 hereto, be entitled to reimbursement of out-of-pocket, non-personnel expenses and costs as set forth in ATTACHMENT NO. 2 entitled "NON-PERSONNEL REIMBURSABLE EXPENSES AND COSTS". CMO:033 09/25/01 Page B 2 of 132 Page 249 of 1161 ATTACHMENT NO. 1 TO EXHIBIT B CONSULTANT'S PERSONNEL,HOURLY RATE SCHEDULE *** for CNI50249 Miscellaneous Professional Services for FEMA/NFIP/CRS CONSULTANT OR SUB-CONSULTANT NAME (A separate Attachment No. 1 should be included for each Sub-Consultant) (1) (2) (3) (4) Current Direct* Hourly Rate Project Position or Classification Payroll Average To Be Charged Function to be Performed Hourly Rate Multi lier** Column 20 ""Principal $125.00 1.0 $125.00 ****Project Manager $100.00 1.0 $100.00 Certified Floodplain Manager $30.00 2.7 $81.00 ""Administrative**Administrative Assistant $40.00 1.0 $40.00 ****This position is currently not being paid on an hourly basis. This estimate is based upon market value. *NOTE: Direct Payroll hourly rate means the actual gross hourly wage paid. **NOTE: Indicate applicable multiplier for indirect personnel costs, general administrative and overhead costs, and profit. ***NOTE: A separate personnel hourly rate schedule should also be attached for each Sub-Consultant listed in Exhibit "D". CMO:033 09/25/01 Page 1 of Page 250 of 1161 ATTACHMENT NO. 2 TO EXHIBIT B NON-PERSONNEL REIMBURSABLE EXPENSES AND COSTS for CN 150249 Miscellaneous Professional Services for FEMA/NFIP/CRS CONSULTANT OR SUB-CONSULTANT NAME CRS Max Consultants Inc. (A separate Attachment No. 2 should be included for each Sub-Consultant) ITEM BASIS OF CHARGE Telephone(Long Distance) Actual Cost Postage and Sipping Actual Cost Commercial Air Travel Actual Cost(Coach) Vehicle Travel Allowance(or) 0.M Mile Vehicle Renta Gas Actual Cost Lodging(Per Person) Actua Cost or NTE $100.00 Meals: Breakfast $ 9.00 Lunch $13.00 Dinner $24.00 In accordance with the GSA M&IE schedule for Travel utilizing the "Fort Myers,Florida"rates Reproduction(Photocopy) 8 %"x 1 I" 0.15/Page 8 '/2" x 14" 0.20/Page 11"x 14" $0.35/Page Reproduction(Blue/White Prints) 0.20ISq. Ft. Printing/Binding Actual Cost Mylar Sheets Actual Cost Photographic Supplies & Services Actual Cost Tolls Actual Cost *List other specific project related reimbursables(i.e. film/developing): NOTE: Receipts or in-Douse logs are required for all non-personnel reimbursable expenses unless exempt such as meals). Administrative Services Fee—Applicable only when specifically authorized by the County, for administering the procurement of special additional services, equipment, reimbursables etc, not covered under the costs and/or changes established in the Agreement. NOTE: N.T.E. indicates Not-To-Exceed CMO:033 01/01/2010 Page 1 of I Page 251 of 1161 EXHIBIT C TIME AND SCHEDULE OF PERFORMANCE for CN150249 Miscellaneous Professional Services for FEMA/NFfP/CRS This EXHIBIT C establishes times of completion for the various phases and tasks required to provide and perform the services and work set forth in EXHIBIT"A" of this Agreement. The times and schedule of performance set forth hereinafter is established pursuant to Article 6.00 of this Agreement. Number Of Cumulative Number Phase and/or Calendar Days Of Calendar Days Task Reference For Completion For Completion As Enumerated in NAME OR TITLE Of Each Phase From Date of EXHIBIT"A" Of Phase and/Task And/or Task Notice to Proceed CMO:034 09/25/01 Page CI of C Page 252 of 1161 EXHIBIT D CONSULTANT'S ASSOCIATED SUB-CONSULTANTS AND SUBCONTRACTOR(S) for CN 150249 Miscellaneous Professional Services for FEMA/NFIP/CRS CONSULTANT has identified the following Sub-Consultants) and/or SubContractor(s) which may be engaged to assist the CONSULTANT in providing and performing services and work on this Project: (If none, enter the word"none" in the space below.) none Sub-Consultant Services are Exempted from Disadvantaged, Prime Service and/or Work Minority or Women Consultant's to be Provided or Business Enterprise. Insurance Performed Name and Address of Individual or Firm If Yes, Indicate Type) Coverage Yes No Type Yes No none CMO:035 09/25/01 Page Dl ofD1 Page 253 of 1161 EXHIBIT E PROJECT GUIDELINES AND CRITERIA CN150249 Miscellaneous Professional Services for FEMA/NFIP/CRS The COUNTY has established the following Guidelines, Criteria, Goals, Objectives, Constraints, Schedule, Budget and/or Requirements which shall serve as a guide to the CONSULTANT in performing the professional services and work to be provided pursuant to this Agreement: Item No. I This is a "Master" contract, which is not for any specific project. Work will be negotiated, authorized, scheduled, funded, and accounted for by the issuance of Supplemental Task Authorizations, by the requesting department, division, or government entity. Item No. 2 Any governmental entity may utilize the provisions of this contract for their specific needs. Item No. 3 Work may be assigned at anytime during the two-year contract duration. This contract also contains an option to renew for one additional, one-year period, by mutual agreement between both. parties. Item No. 4 No amount of work is guaranteed upon the execution of a Professional Services Agreement. Item No. 5 Hourly rates and all other negotiated expenses will remain in effect throughout the duration of the contract. Item No. 6 This contract does not entitle any firm to exclusive rights to County contracts. The County reserves the.right to perform any or all work in-house, or by any means it so desires. Item No. 7 In reference to Attachment No. 2 to Exhibit B of the Professional Service Agreement, vehicle travel mileage is considered incidental to the work and not an extra expense. Also, man-hours spent in travel time to and from work or the job site(s), are not compensable. Item No. 8 County reserves the right to add or delete, at any time, any or all tasks or services associates with this agreement. ITEM NO. 9 DRUG FREE WORKPLACE: Whenever two or more proposals, which are equal with respect to price, quality, and service, are received for the procurement of contractual services, a proposal Page E1 of E2 Page 254 of 1161 ITEM NO. 9 (Continued) received from a business that certifies that is has implemented a drug-free workplace program shall be given preference in the evaluation/award process. In order to have a drug-free workplace, a business shall comply with the requirements of Florida Statutes 287.087. ITEM NO. 10 COOPERATIVE PURCHASING: The Lee County Board of County Commissioners participates in cooperative purchasing agreements; it is hereby made a part of this proposal that the submission of any proposal in response to this request constitutes a proposal made under the same conditions, for the same contract price, to the other governmental entities. Each governmental agency desiring to accept this proposal, and make an award thereof, shall do so independently of any other governmental agency. Each agency shall be responsible for its own purchases and each shall be liable only for services ordered and received by it, and no agency assumes any liability by virtue of this proposal. ITEM NO. 11 AUTHORITY TO PIGGYBACK: It is hereby made a condition of this agreement that this agreement constitutes an agreement made under the same conditions, for the same price, and for the same effective period as this agreement, to any other governmental entity. It is furtlier understood that any governmental entity that electing to piggyback from this agreement with Lee County, will issue its own purchase orders, and will require separate billing ITEM NO. 12 COST PROPOSAL WORKSHEET: To be used when performing work for Lee County. Item No. 13 IMMIGRATION LAWS: Lee County will not intentionally award County contracts to any Consultant who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1321 a(e), Section 274A(e) of the Immigration and Nationality Act ("INA). Lee County shall consider the employment by any Consultant of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of the contract by Lee County. Page E2 of E2 Page 255 of 1161 EXHIBIT F TRUTH IN NEGOTIATION CERTIFICATE This Certificate is executed and given by the undersigned as a condition precedent to entering into a Professional Services Agreement with the Lee County Board of County Commissioners for the project known as: Before me, the undersigned authority personally appeared, who having personal knowledge as to the facts and statements contained herein after being duly sworn, deposes and states under oath that: 1. This Certificate shall be attached to and constitute an integral part of the above said Professional Services Agreement as provided in Article 3.11. 2. The undersigned hereby certifies that the wage rates and other factual unit costs supporting the compensation on which this Professional Services Agreement is established are accurate, complete, and current on the date set forth here-in-above. 3. The truth of statements made herein may be relied upon by the County and the undersigned is fully advised of the legal effect and obligations imposed upon him by the execution of this instrument under oath. Executed on behalf of the Party to the Professional Services Agreement referred to as the CONSULTANT, doing business as: CRS Max Consultants Inc. f BY: Cathy_L._King TITLE: President The foregoing instrument was signed aMA knowledgef��l before me this � day of 0 d f by kt. 1 7- who has produced L /61C le?- as .( rint or Type;Name) (Type of Identification and Number) 1{ / ide i catio 1. tart' blit Si nature40"WWN of FWW COMWAIM i FF 16424 ilia my C .T1 1s ion 11,2019 Printed Name Notary Public 2L Notary Commission NumberlEx iration CMO: 00/00/00 Page F1 of F1 Page 256 of 1161 EXHIBIT H AMENDMENT TO ARTICLES for CN150249 Miscellaneous Professional Services for FEMA/NFIP/CRS For amending (i.e., changing, deleting from or adding to)the articles. (NOTE: Each Article to be amended should be set forth and described in such a manner as to clearly indicate what the proposed changes, deletions or additions are with respect to the present Article provisions, and should set forth the wording of the Article resulting from the Amendment. The following identification system should be followed: Indicate additional.(new) words or phrases by inserting the words in the text and then underline, (i.e., Months) and indicated words or phrases in the text to be deleted by striking over (i.e. Woks). THE PROVISIONS HEREBY SUPERCEDE ANY PROVISIONS TO THE CONTRARY CONTAINED ELSEWHERE IN THE ARTICLES OR EXHIBITS. AMENDMENT NO. ARTICLE No. is hereby amended as follows: None. CMO: 09/25/01 Page H1 of H Page 257 of 1161 '4 CERTIFICATE 4F LIABILITY INSURANCE 6; ;2015' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this Certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Commercial Services NAME, Brightway Insurance PHOI C.NEN. . (904)483-3583 FAC.No)7(904)322-5923 P.O. Box 5700 P-MAIL commercial@bri htwa tom ADDRESS: g y INSURER(S)AFFORDING COVERAGE NAIC# Jacksonville FL 32247 INSURER A.Covington Specialty Insurance INSURED INSURER B:Llo d r S Of London CRS Max Consultants, Inc. INSURER C: 3331 NW 71st Street INSURER D: INSURER E: Coconut Creek FL 33073 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1552 617887 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN5R DDLSUTYPE OF INSURANCE INSR W D POLICYNUMBER POLICY EFF MMIDiYYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00() X COMMERCIAL GENERAL LIABILITY DAMAGETORENTED 500 000 PREMISES Ea occurrence $ r A CLAIMS-MADE OCCUR X VEA328417 9/4/2014 9/4/2015 MEL)EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER, PRODUCTS-COMPIOP AGG $ 2,000,000 X POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILYINJURY(Peracc€dent) $ AUTOS AUTOS NON-OWNED PROPERTY❑AMAGE $ HIRED AUTOS AUTOS Per accident S UMBRELLA LIAROCCUR EACH OCCURRENCE $ EXCESS L1A8 HCLAIMS-MADE - AGGREGATE $ DED I RETENTION$ $ WORKERS COMPENSATIONSTATU- OTH- AND EMPLOYERS`LIABILITY YIN TWC ANY PROPRIETOWPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ OFFICERIMEMBEREXCLUDED') F7 NIA (Mandatory in NH) E.L DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT $ B (Errors & Ommissions) L1398553-15 1/8/2015 1/8/2015 Aggregate $2,000,000 Professional Liability Umitper Occurrence $2,000,000 DESCRIPTION OF OPERATIONS i LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Lee County, a political subdivision and Charter County of the State of Florida, its agents, employees, and public officials" will be named as an "Additional Insured" Project N0: CN150249,Miscellaneous Professional Services for FEMA/NFTP/CRS Projects CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Lee County Board of ACCORDANCE WITH THE POLICY PROVISIONS. County Commissioners P.O. BOX 398 AUTHORIZED REPRESENTATIVE Fort Myers, FL 33902 . � Pedro Fred/JOSMOR ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025lwiinn5l m Thn ArinPn nmmn anri Innn ara ranicfarari markt of Ar nPn Page 258 of 1161 itAli f1ckM CERTIFICATE OF INSURANCE INxU1f�Ni� ', SUCH INSURANCE AS RESPECTS THE INTEREST OF THE CERTIFICATE HOLIER NAMED BELOW WILL NOT BE CANCELED OR OTHERWISE TERMINATED WITHOUT GIVING 10 DAYS PRIOR WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT IN NO EVENT SHALL THIS CERTIFICATE BE VALID MORE THAN 30 DAYS FROM THE DATE WRITTEN, THIS CERTIFICATE OF INSURANCE DOES NOT CHANGE THE COVERAGE PROVIDED BY ANY POLICY DESCRIBED BELOW. This certifies that- STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY of Bloomington, lilinois ❑ STATE FARM FIRE AND CASUALTY COMPANY of Bloomington, Illinois © STATE FARM COUNTY MUTUAL INSURANCE COMPANY OF TEXAS of Dallas,Texas ❑ STATE FARM INDEMNITY COMPANY of Bloomington, Illinois, or ❑ STATE FARM GUARANTY INSURANCE COMPANY of Bloomington, Illinois has coverage in ford for the following Named Insured as shown below, FAMED INSURED: CRS MAX CONSULTANTS INC ADDRESS OF NAMED INSURED' 3331. NW '11 � STREET, COCONUT GREEK, � 334'73-4806 POLICY NUMBER 14.5 6530-F20-59 EFI=ECTIVE DATE OF POLICY 1/16/1.5-7118/15 _ _ - DESCRIPTION OF 2007 EONDA CIVIC VEHICLE(Including VIN) 2HGt^G126x7h50' 28 LIABILITY COVERAGE ®YES ❑ NO YES ❑ NO ❑YES ❑ NO ]YES ❑ NO LIMITS OF LIABILITY a.Bodily Injury 1 MIL,L70M EaCh Parson Each Accident b.Property Damage Each Accident 1 MILLION c. Bodily Injury& Property Damage Single Limit Each Accident _....--- pl>YSIGAL DAMAGE COVERAGES YES [I NO []YES ❑ NO ❑YES ❑ NO ❑YES ❑ NO � a.Com rehensive $50C.00 Deductible $ Deductible $ Deductible $ deductible 0 YES ❑ NO ❑YES [] NO ❑YES []NO [❑YES ❑ NO b.Co'ilisidn $500.00 Deductible $ Deductible $ Deductible $ Deductible EMPLOYERS NON-OWNED YES ❑NO ❑YES ❑ NO E]YES J-1NO [:1 YES ❑ NO CAIS LIABILITY COVERAGE KIRED CAR LIABILIT`! ®YES ❑ NO ❑YES [ NO [❑YES ❑ NO ❑YES ❑ NO COVERAGE FLEET COVEF7AGE FOR M o R VEHICLES Llc�tsl o YES � NO ❑YES ❑ NO ❑ YES ❑ NO ❑YES 0 NO IvIC�TQI;t VEHICLES ❑ tr . AGENT 2716 6/23/2015 - Signatureof Authorized Representative Title Agents Caste Number Date Narre and Address of Certificate Halder Name and Address of Agent � Lee County Board of co-,mty Cornmiasi.oners ANTONIA C ESPEY, AGENT P.O. BOK 399 STA'L'E FARM IN2URANCE N Fort Myers, F1ori.da 33902 53DO W. HILLSBORO BLVD., SUITE 102 CA COCONUT CREEK, FL 33073 C Project No: CN15024 9, Miscellaneous 954-426-1605 � professional Services for ELMA/NFIr'/CRS Fah: 959-926--3717 N Projects IR Ln INTERNAL STATE FARM USE ONLY; ❑Request petrnanent Gertificate of InsuraDoe for iiaNlity coverage, 122429.3 Rev,97-26-2005 ❑Request Certftate HoMerto be added as an AddRional Insured, w w Page 259 of 1161 N N 10-09 -2008 1MO��y�StlN ALEX SINK STATE OF FLORIDA CHIEF FINANCIAL OFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS' COMPENSATION LAW NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers' Compensation law, EFFECTIVE DATE: /0109/2008 EXPIRATION DATE: NIA PERSON; KING EARL 5 II I FEIN: 205696057 BUSINESS NAME AND ADDRESS: CRS MAX CONSULTANTS INC 3331 NW 71ST STREET GOGONUT GREEK EL 33073 SCOPES OF BUSINESS OR TRADE: 1- CONSULTANT / MANAGEMENT —INIPURTANT: Pursuant to Chapter 449 , U500, F.S., an officer of a corporation who elects exemption Irorn this chapter by fiiina a cerfiiicate of eleconn under this sm;Gn may toT recover bene€its at componsatien under this chapter. Pursuant to Chapter 446 ES3 )21, F.S., Certificates of election Ia be exempt... apply only within rhe Scope of the business or trade listed en the notice o1 election to be exempt. Pursuant to Chapter 4411.f1b1131, F.S-, Notices a1 elertian to he exempt and cartificates at election to tae eXelmi Shali he subject to revccati©n if, at any time slier iha filing of the notice or the issuance of the certificate, the person named an the notice or certificate ao longer meets tha rmviraments of this sectidn fcs issgance of a certificate_ The department shatf revoke a certificate at any time for faoLire of rhe pxrsaa named on the certificate to meet the requirements of this section. (IUESTIONS? I850) 413-16£19 DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-06 PLEASE CUT OUT THE CARD BELOW AND RETAIN FOR FUTURE REFERENCE STATE OF FLCRIDA IMPORTANT DEPARTEAFNTOFFINANICIALSERVICES ° ! F DIVISION OFWORKERS'COMPENSATION � Pursuant to Chapter 440.05041, F.S., an officer of a corporation who NON-CONSTRUCTION INDUSTRY O elects exemption from this chapter by filing a certificate of election CERTIFICATE OFELECTIONTOBEEXEMPT FROmrLORIQAL under this section may not recover bunufits or compensation under this WORKERS'COMPENSATIONS AW !" D chapter. EFFECTIVE: 10/09/2009 EXPIRATION DATE: N/A Pursuant to Chapter 440.051121, F.S., Certificates of election to be PERSON_ EARL- S KING III H exempt.-. apply only within the scope of the business or trade listed on FEIN. 205696057 E R the notice of election to be exsmpt. BUS4NESS NAME AND ADDRESS: E Pursuant to Chapter 440-054131, F.S-, Notices of election to be exempt CRs MAX CONSULTANTS 1K and certificates of election to be exempt shaft be subject to revocation 3931 IOW 715T STREET if, at any time after the filing of the notice or the issuance of the CoCONUT CREEK, rL 3307a certificate, the person named an the notice or certificate no longer meets the requirements of this section for issuance of a certificate. Tho department shall revoke a certificate at any time for failure of the SCOPE OF BUSINESS OR TRADE: person named nn the certificate to meet the requirements of this 1- CONSULTANT / MANAGEMENT section- QUESTIONS?;(850) 413-1609 CUT HERE Carry bottom portion on the job, keep upper portion for your records. DWC-H2 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 09-05 Page 260 of 1161 Key Coverage Requirements • Non-construction industry employers with four or more full-time or part-time employees must provide coverage for all employees. • Construction industry employers with one or more full-time or part-time employees must provide coverage for all employees. • Construction industry employers must ensure any subcontractor has workers' DIVlsI0l3 d compensation coverage or a valid exemption for the corporate officer or member Work ' g3Sgl of the Limited Liability Company,however there must be workers'compensation v e I U coverage for all employees of the subcontractors. • Farmers with six or more regular employees and/or 12 or more seasonal employees who work for more than 30 days must provide covcrage for all employees, Tips To Assure Proper Coverage Is In Place ' , s; • Any change in employees'job duties or an increase in payroll must be reported to the insurance carrier. An employer who secures coverage through an empoyee leasing company must secure coverage for each and every employee;promptly advise the employee A i leasing company of any change in job duties;and promptly advise the employee y leasing company of any personnel not included in the employee leasing arrangement. Requirements For Out-of-State Employers • An out-of-state employer engaged in work in Florida must immediately notify his or her insurance carrier that it has employees working in Florida. • An out-of-state employer who has employees working in Florida must have a Florida workers'compensation insurance policy or an endorsement must be added to the out-of-state policy that lists Florida in section 3.A.of the policy. ' s , ._ _ A Florida contractor working in this state who contracts with an out-of-state ''t-' subcontractor must require proof of a flarida workers'compensation policy or an _ .4i . , �,C- y �.� c^s endorsement to the out-of-state emplayer's policy that lists Florida in section �,,�s._,�� 8 Ul�I f.s 0 �._P 1�. „s;? 1 3.A_of the policy. Otherwise,the Florida contractor's policy must include the 1 out-of state subcontractor and their employees per Chapter 440.10(1)(g),Florida f..43�.: € `3 Statutes. _ Extraterritorial Reciprocity: Out-of-state employers whose home iurisdiction has in its statute an"extraterritorial reciprocity'clause allowing temporary employees from C trilEl F.�TA1s L;tAT.t)FI lt`„1 Tt another jurisdiction(including Florida)to work under the"home state's”workers' JEFF ATWA'T`ER compensation policy is permitted to work in Florida using the workers'compensation policy from their"home state",as long as the work is temporary in nature. Temporary is defined as no more that 10 consecutive days with a maximum of 25 total days in a calendar year.[For a list of the current jurisdictions who have an extraterzitarial reciprocity statute,contact the Division of Workers'Compensation at 550.413,1609]. Page 261 of 1161 https://apps8.fldfs.comlproofofcoverage/EmployerDetail.aspx?EmpID=000781850 Page 1 of 1 * ,JEFF ATWATER, CHIEF FINANCIAL OFFICER Wll/ FLORIDA DEPARTMFNT OF FINANCIAL SERVICES CFO home Employer Detail Page Return to Search Page 111QF,1111M 01 REM CRS MAX CONSULTANTS INC 10ORPORATION NIA �rvo Coverage,Flistori 0 EARLS KING 1 ---- a INo OvviiGr Election of Cove-rage Lislings CRS MAX CONSULTANTS INC _ Legal Cu rent Return to Search Page Page 262 of 1161 https://apps8.fldfs.com/proofofcoverage/EmployerDetail.aspx?EmpID-000781850 6119/15 https://apps8.fldfs.coin/proofofcoverage/ExemptionDetail.aspx?pi_person_id=001152001 Page 1 of 1 JEFF ATWATER, CHIEF FINANCIAL OFFICER FLORIDA DEPAR,rmENT OF F€NANC€AI. SERVICES 4'C !Tlwie WC'Dat=ibaues CC')Iionte Exemption Detail Page Return to Previous Page l Click Here to ViewCROMAX EARLS KING Ili VP Oct 9 2DDS Cufrent Nen Con&mfion i Adroit!-Listed on CON5ULT.ANTS Exemption I ING 111 iffismijil It MR:SEMI Effint: Return to Search Page Page 263 of 1161 https://appsS.fldfs.com/proofofcoverage/ExemptionDetail.aspx?pr_person id=001152001 611911.5 https://apps8.fldfs.corn/proofofcoverage/BusinessActivitiesDetail.aspx?EffectDate=10191... Page 1 of 1 'rte. JEFF ATWATER, CHIEF FINANCIAL OFFICER ,l FLORIDA D2PARTMENT OF FINANCIAL SE'RVI{ E$ 'it'(�NoEi,e. '�'Ciraiebascs C.L-i') 3aeni�. Business Activities Detail Page ...DJI-, ;2:ia-Vs . Return to Exemption Detail Page CONSULTANT/MANAGEMENT k6tum to Search Page Page 264 of 1161 https://apps8.fldfs.com/proofofeoverage/BusinessActivitiesDetail.aspx?EffectDate=l 0/91200... 6/19/15 Detail by Entity Name Page 1 of 2 Email Detail by Entity Name Florida Profit Corporation CRS MAX CONSULTANTS, INC. Filing Information Document Number P06000129205 FEIIEIN Number 205696057 Date Filed 10/10/2006 State FL Status ACTIVE Principal Address 3331 NW 71ST ST. COCONUT CREEK, FL 33073 Mailing,Address 3331 NW 71ST ST. COCONUT CREEK, FL 33073 Registered Agent Name&Address KING, CATHY L 3331 NW 71ST ST. COCONUT CREEK, FL 33073 OfficerlD!rector Detail Name &Address Title P KING, CATHY L 3331 NW 71ST ST COCONUT CREEK, FL 33073 Title VP KING, EARL Slll 3331 NW 71ST ST. COCONUT CREEK, FL 33073 Annual Reports Report Year Filed Date 2013 04/22/2013 http://searclt.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 641gcig1�65 of 1161 Detail by Entity Name Page 2 of 2 2014 02/12/2014 2015 01/21/2015 Document [mages 01/21/2015 --ANNUAL REPORT View image in PDF format 02/12/2014 ANNUAL REPORT View image in PDF format 04/22/2013 --ANNUAL REPORT View image in PDF format 03/23/2012 --ANNUAL REPORT View image in PDF format 04/08/2011 --ANNUAL REPORT View image in PDF format 04/06/2010 --ANNUAL REPORT L View image in PDF format 03/26/2009 --ANNUAL REPORT View image in PDF format 04/14/2008 --ANNUAL REPORT View image in PDF format 04/17/2007 --ANNUAL REPORT View image in PDF format 10/10/2006 -- Domestic Profit View image in PDF format o r' ht©and Privacy Policies State cf Florida,Department of State http://search.sunbiz.org/lnquirylCorporationSearch/SearchResultDetail?inquirytype=Entity... 610�(agN6 of 1161 LEE COUNTY PROFESSIONAL SERVICE AGREEMENT/SERVICE PROVIDER AGREEMENT INVOICE STATEMENT Date: CN No.: Contract No.: Project No.: Payment No.: (❑W.l.p.p. ❑Final)for Period to Project Name: Attachments ❑Yes ❑ No PAYEE: Consultants Name: INSTRUCTIONS Mailing Address: Warrantwill be mailed to City&State ZIP CODE Consultant's mailing address given, unless special instructions are Deliver Warrant: Special Instructions-if Other than Mail provided to the immediate left of these instructions. CONTRACTUAL FINANCIAL DATA ORIGINAL PSAISPA Amount $ PLUS: Change Order# dated $ Change Order# dated $ Change Order# dated $ S.T.A.# dated $ S.T.A.# dated $ S.T.A. # dated $ Total Change OrderslS.T.A.ADDING to cost of Agreement. . . . . . . . . . . . . . . . . $ LESS: Change Order# dated $ Change Order#' dated $ Change Order# dated $ S.T.A.# dated $ S.T.A.# dated $ S.T.A.# dated $ Total Change OrderslS.T.A.SUBTRACTING from cost of Agreement. . . . . . . . . . $ Total Amount of Current PSAISPA. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • - - - - $ Total Amount Completed to Date. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . $ Less Amounts Previously Invoiced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ Amount of this Invoice. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . $ Total Amount Paid to DBE's from above. . . . . . . . . . . . . . . . . . . . . $ Name of DBE(s): Signed Project Manager. Date: Approved DeptlDiv Director: Date: Approved Fiscal Person: Date: CMO:024 Page 267 of 1161 09125/01 g Blue Sheet/Contract Track # C-7177 CONTRACT REVIEW CHECKLIST CONTRACT TYPE: PROFESSIONAL SERVICES AGREEMENT SUBJECT: Project known as: CN 150249 Miscellaneous Professional Services for FEMA/NFIP/CRS between Lee County and CRS Max Consultants, Inc. Reference: Department Director approval: County Administrator approval: Reference: Board action approving contract/agreement C 6/16, 2015 Agenda Item No. 15 �< � The subject contract is forwarded herewith for review and/or endorsements: (1) By the Director of ROUTED BY PROCUREMENT MANAGEMENT Project Sponsoring Department Recommending execution Not recommending execution for the following reason(s) Date received Date returned/forwarded Signed (2) By Procurement Management •'Recommending execution Not recommending execution for the following reason(s) Date received -"')0—VS Date returned/forwarded Signed (3) By the Risk Management Recommending execution Not recommending execution for the following reason(s) Date received abate rete d/forwarded Signed -lx (4) By the County Attorney Recommending execution Not recommending execution for the following reason(s) _ Date received �' _°S Date returned/forwarded ? �W Signed 5 BOARD ZIA S 6 Clerks Office, Minutes Department 7 PROCUREMENT MGMT. iana Khan Page 1 of 1 ani eS O Wd L- fit' S1� Rfl S3lnHIW Page 268 of 1161 Blue Sheet No. Lee County Board Of County Commissioners 20150332 Agenda Item Report Item No. 15 Meeting Date: 6/16/2015 TITLE: Provide the County with qualified firms for Miscellaneous Professional Services for FEMA/The National Flood Insurance Program (NFIP)1 and the Community Rating System (CRS) ACTION REQUESTED: A. Concur with the selection by the Competitive Negotiation Committee for CN 150249 MISCELLANEOUS PROFESSIONAL SERVICES FOR FEMAINFIPICRS, and authorize staff to negotiate on a project-by-project basis with the following seven (7)firms: CRS Max Consultants, 1­12eaux, LLC, Johnson Engineering, Inc., JR Evans Engineering, PA, Kimley-Horn and Associates, Inc., Schwalls Consulting, LLC, and Tomasello Consulting Engineers, Inc. for a contract period of two (2) years, with the option of one additional two year period. B. Grant the Procurement Director, with County Administration approval, the authority to renew this agreement for one additional two year period, at the same terms and conditions, if doing so is in the best interest of Lee County. C. Authorize the Chair to execute contracts on behalf of the Board upon receipt. FUNDING: No funding required. General Fund; Program: Non-Departmental; Project: NIA: Account String: GC5190300100.503190 WHAT ACTION ACCOMPLISHES: This item provides Lee County with seven (7) firms capable of providing any and all services on an "as needed" basis to perform hydraulic, hydrologic or other analysis necessary for FEMA,Letter of Map Revision applications—either coastal or riverine, to review Lee County concurrence for private Letter of Map Revision applications—either coastal or riverine, to consult or provide technical engineering services as needed to assist Lee County in providing local input to flood mapping processes, to advise on compliance to National Flood Insurance Program (NFIP) and Community Rating System (CRS) regulations, assist in public information and hearings, provide expert witness testimony. MANAGEMENT RECOMMENDATION: Approve Requirement/Purpose: (specify) Request Initiated ❑ Statute Commissioner: ❑ Ordinance Department: COUNTY MANAGER ® Admin Code AC-4-4 Division: No Divisions ❑ Other By: Peter Winton Background: Required Review: Peter Winton Robert Corris L.McIntosh Anne Henkel Peter Winton Roger Desjarlais Franceschini Jr. COUNTY Purchasing County Attorney Budget Analyst Budget Services County Manager MANAGER Page 269 of 1161 Letters of Interest were solicited on behalf of the Board of County Commissioners for the project known as MISCELLANEOUS PROFESSIONAL SERVICES FOR FEMAINFIPICRS. A total of seven (7) Letters of Interest were considered at the Competitive Negotiations Committee Meeting held on May 15, 2015. The Competitive Negotiations Committee consisted of the following staff members: Pete Winton, County Manager's Office, Non-Voting Chair, Joan LaGuardia, County Manager's Office, Roland Ottolini, Natural Resources, Bob Stewart, Community Development. After reviewing the seven (7) Letters of Interest it was determined by the Competitive Negotiations Committee that all firms meet the minimum requirements. Therefore the Committee is recommending award to and authorize staff to negotiate on a project-by-project basis with the following seven (7)firms: CRS Max Consultants, H2eaux, LLC, Johnson Engineering, Inc., JR Evans Engineering, PA, Kimley- Horn and Associates, Inc., Schwalls Consulting, LLC, and Tomasello Consulting Engineers, Inc. for a contract period of two (2) years, with the option of one additional two year period. 1. Sample Contract 2. Short List Meeting Minutes dated May 15, 2015 Page 270 of 1161 Lee County y BOARD OF COUNTY COMMISSIONERS John E.Manning June 12 2017 District One Cecil L Pendergrass District Two Larry Kiker Ms. Cathy King District Three CRS Max Consultants, Inc. Brian Hamman 3331 NW 71st Street District Four Coconut Creek, FL 33073 Frank Mann District Five SUBJECT: CN150249 MISCELLANEOUS PROFESSIONAL SERVICES FOR Roger Desjarlais FEMA/NFIP/CRS CONTRACT—C-7177 County Manager Richard Wm.welch County Attorney ENCLOSURE: CHANGE ORDER 1 Donna Marie Collins Hearing Examiner Dear Ms. King: Enclosed is your executed copy of Change Order 1 to renew this contract for an additional 2 year period ending 6/15/19. If you should have any questions,please contact our office. Sincerely, DIVISION OF PROCUREMENT MANAGEMENT Mih.e NeUare,z Mike Nevarez Contracts Analyst C: FinanceOnBase(a�leeclerk.org Joyce Conatser File P.O. Box 398, Fort Myers, Florida 33902-0398 (239)533-2111 Internet address http://www.lee-county.com AN EQUAL OPPORTUNITY AFFIRMATIVE ACTION EMPLOYER Page 271 of 1161 Lee County Professional Service/Service Provider Agreement Change Order/Supplemental Task Authorization Date- 3/27/2017 R Change Order Supplemental Task Authorization Number: 1 A Change Order or Supplemental Task Authorization requires approval by the Department Director for expenditures under$50,000 or approval by the County Manager for expenditures between$50,000.01 and$100,000 or approval by the Board of County Commissioners for expenditures over$100,000 Primary Contact: Cathy King Contract Name: Miscellaneous Professional Services for FEMA/NFIP/CRS, Project Name: Consultant: CRS Max Consultants Inc. Project#: N/A Solicitation CN150249 Contract 9: 7177 Account#: N/A Lee County Project Manager: N/A Request Date: May 3,2017 Fiscal Staff: Joyce Conatser Upon the completion and execution of this Change Order or Supplemental task Authorization by both parties the Consultant/Provider is authorized to and shall proceed with the following exhibits: • CO-STA Exhibit A-SCOPE OF PROFESSIONAL SERVICE • CO-STA Exhibit B-COMPENSATION&METHOD OF PAYMENT • CO-STA Exhibit C-TIME&SCHEDULE OF PERFORMANCE • CO-STA Exhibit D-CONSULTANTS/PROVIDERS ASSOCIATED SUB-CONSULTANT(S)/SUB-CONTRACTORS • CO-STA Exhibit E-PROJECT GUIDELINES AND CRITERIA It is understood and agreed that the acceptance of this modification by the CONSULTANT/PROVIDER constitutes an accord and satisfaction. Cathy King May 17, 2017 Name of Consultant/Provider (Print Name) Date Accepted crsmaxincco)bellsouth.net 954-421-7794 Contact E-mail Address Contact Phone Number Lee County Board of County Commissioners-Procurement Management 1.825 Hendry Street-Fort Myers,FL 33901 PO Box 398-Fort Myers,FL 33902-0398 Rev.9/2015 Phone: (239)533-5450 Page 272 of 1161 } ' CO-STA Exhibit A Scope of Professional Services Date May 3, 2017 am= Page A 1 of 1 Choose one of the following: ® Change Order Agreement#: 1 ❑ Supplemental Task Authorization#: Scope of Professional Services for: Miscellaneous Professional Services for FEMA/NFIP/CRS Section 1.00 Changes to Professional Services The 'Scope of Professional Services' as set forth in Exhibit 'A' of the Professional Services Agreement, or Service Provider, referred to hereinbefore is hereby supplemented, changed or authorized, so that the Consultant or Service Provider shall provide and perform the following professional services, tasks, or work as a supplement to, change to, or authorized to, the scope of services previously agreed to and authorized. No changes in scope, this is for renewal of term 6/16/17-6/15/19 Page A 1 of 1 Lee County Board of County Commissioners -Procurement Management 1825 Hendry Street- Fort Myers, FL 33901 PO Box 398- Fort Myers, FL 33902-0398 Phone: (239) 533-5450 Rev.9/2015 Email: procurement@leegov.com Page 273 of 1161 } ' CO-STA Exhibit C Time & Schedule of Performance Date May 3, 2017 am= Choose one of the following: ® Change Order Agreement #: 1 F-1 Supplemental Task Authorization#: Time & Schedule of Performance for: Miscellaneous Professional Services for FEMA/NFIP/CRS Section 1.00 Changes for this Change Order or Supplemental Task Authorization Agreement The time and schedule of completion for the various phases or tasks required to provide and perform the services, tasks or work set forth in this Change Order of Supplemental Task Authorization Agreement, Exhibit 'CO/STA-A', entitled 'Scope of Professional Services' attached hereto is as follows: Task/Phase Cumulative Number of Number as Number of Calendar Calendar Days for Completion Indicated in Name/Title of Phase/Task Days for Completion of from Date of Notice to Proceed Exhibit A Each Phase/Task for this CO/STA Renewal of Annual Contract Original Term: 6/16/15-6/15/17 Renewal Number 1 Term: 6/16/17-6/15/19 Lee County Board of County Commissioners -Procurement Management 1825 Hendry Street- Fort Myers, FL 33901 PO Box 398- Fort Myers, FL 33902-0398 Rev.9/2015 Phone: (239) 533-5450 PaEdffA16ffV%1 } ' CO-STA Exhibit C Time & Schedule of Performance Change Order Agreement#: 1 Supplemental Task Authorization#: Time & Schedule of Performance for: Miscellaneous Professional Services for FEMA/NFIP/CRS Section 2.00 Summary of the Impact of Change(s) in Professional Services on the Overall Project Time and Schedule of Performance Pursuant to and in consideration of the changed in the Scope of Professional Services in this Change Order or Supplemental Task Authorization Agreement, Exhibit 'CO/STA-A' the time and schedule the County and the Consultant, or Service Provider,has previously agreed to for all of the work to be done under this Professional Services Agreement, or Service Provider Agreement, shall be changed to be as follows: Task/Phase Number as Number of Calendar Cumulative Number of Indicated in Name/Title of Phase/Task Days for Completion of Calendar Days for Completion Exhibit A&Exhibit Each Phase/Task from Date of Notice to Proceed CO/STA-A Lee County Board of County Commissioners -Procurement Management 1825 Hendry Street- Fort Myers, FL 33901 PO Box 398- Fort Myers, FL 33902-0398 Rev.9/2015 Phone: (239) 533-5450 PaEd 526#V1%1 6.G. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Accept the transfer of Lot 13 on NW 10th Ave from the Boynton Beach Community Redevelopment Agency. EXPLANATION OF REQUEST: On August 14, 2018 the Boynton Beach Community Redevelopment agency approved transferring Lot 13 on NW 10th Avenue to the City of Boynton Beach. This transfer is in connection with the Sara Sims Improvement Project that is underway in the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: None ALTERNATIVES: Do not accept transfer of lot. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Warranty Deed exec by CRA D Attachment CRA agenda item 8-14-18 Page 276 of 1161 Prepared by and return to: Kenneth W.Dodge,Esquire Lewis,Longman&Walker,P.A. 515 North Flagler Drive,Suite 1500 West Palm Beach,FL 33401 Telephone: 561-640-0820 _ ------ —_._................ -_-_. ,_.w u..�_-ISpace Above This Line For Recording Data] Warranty Deed This Warranty Deed made this &day of ,m X018, between Boynton Beach Community Redevelopment Agency, a public agency created pursua t to Chapter 163, Part III, of Florida Statutes, whose post office address is 710 N. Federal Highway, Boynton Beach, FL 33435, grantor, and City of Boynton Beach, a Florida municipal corporation organized and existing under the Laws of Florida, whose post office address is 100 E. Boynton Beach Boulevard,Boynton Beach,FL 33435,grantee: (Whenever used herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals,and the successors and assigns of corporations,trusts and trustees) Witnesseth, that said grantor, for and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate,lying and being in Palm Beach County,Florida to-wit: Lot 13 and the East 38 feet of Lot 14,Hilltop Village,according to the map or plat thereof recorded in Plat Book 24,Page 70,Public Records of Palm Beach County,Florida. Together with all the tenements,hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold,the same in fee simple forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor has good right and lawful authority to sell and convey said land;that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances,except taxes accruing subsequent to December 31,2018. In Witness Whereof,grantor has hereunto set grantor's hand and seal the day and year first above written. Signed,sealed and delivered in our presence: Boynton Beach Community Redevelopment Agency, a public agency created pursuant to Chapter 163, Part III, ` lor' a St utes �j. t By: ' Witness_ Name: I ] Steven B.Grant,Chair Witness Name: 01041074-1 DoubleTlme® Page 277 of 1161 STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me, the undersigned authority, this day of 2018, by Steven B. Grant, as Chair of Boynton Beach Community Redevel pment Agency, ublic agency reated pursuant to Chapter 163, Part Ill, of Florida Statutes, on behalf of the public a ncy, who personally known to me or [X]has produced a driver's license as identification. f .4 [Notary Seal] 1�a Pub.,; THERESA UTTE:of CK Ot ry Public—Stateo,Florida j'SNotary Public-StatFlorida r= Commission#GG874 `Oc f� My Comm.Expires ,2022 Printed Name: (3_rp f(L. W#,Yka 4!4"`! Bonded through National ry Assn. My Commission Expires: omaiom-s Warranty Deed-Page 2 DoubleTirne® Page 278 of 1161 FryS �B E AC i J R,A CRA BOARD MEETING OF: August 14, 2018 NEW BUSINESS AGENDAITEM: 14.C. SUBJECT: Consideration of Disposal of Thomas Property to the City for Sara Sims Park SUMMARY: On November 14, 2017 the CRA Board approved the purchase of a vacant lot located on NW 10th Avenue adjacent to Sara Sims Park (Attachment I - November 14, 2017 Minutes) and approved and executed the Purchase and Sale Agreement of the property on December 12, 2017 for the amount of$81,500 (Attachment I I — December 12, 2017 minutes). The acquisition of this parcel was done in order to provide additional open space to the park (Attachment I I I — Location Map). Now that the City and CRA are preparing to begin physical work under the Sara Sims Park Improvement Project, staff is requesting approval to transfer the property to City. FISCAL IMPACT: Original purchase price and closing costs totaled $82,316.44 from Budget Line Item 02-58200- 401 CRA P LAN/P ROJ ECT/PROGRAM: 2016 Boynton Beach Community Redevelopment Plan - Heart of Boynton District - Sara Sims Park Expansion CRAAB RECOMMENDATION: CRAAB recommended approval of the purchase of the property at their meeting held on November 2, 2017, and would be transferred to the City for use as part of the Sara Sims Park. CRA BOARD OPTIONS: 1. Approve the disposal and transfer of ownership of the vacant parcel located on NW 10th Avenue to the City of Boynton Beach for use in Sara Sims Park and authorize the Board Chair to execute any legally approved documents associated with the transfer of the deed. Page 279 of 1161 2. Do not approve the disposal and transfer ownership of the vacant parcel located on NW 10th Avenue to the City of Boynton Beach for use in Sara Sims Park. ATTACHMENTS: Description D Attachment I - November 14, 2017 Minutes D Attachment II — December 12, 2017 Minutes D Attachment III — Location Map Page 280 of 1161 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida November 14, 2017 B. Consideration of Purchase of Lot 13 on NW 1 Oth Avenue Mr. Simon presented the item. The purchase price was $85K. Board Member McCray asked how many more properties in Sara Sims Park would the CRA have to buy and learned three more properties were needed, The CRA had approached the Lucci and Jenkins continuously and they are not selling because they want too much money. Board Member McCray asked if they would have to use eminent domain when the park is built and learned it is up to the Board. The property would immediately be incorporated into the new improvements that are being scheduled and designed and budgeted for this year with the City, The funds to purchase the property would come from the Property Acquisition line item. Motion Board Member McCray moved to approve. Board Member Romelus seconded the motion that unanimously passed. C. Discussion of Maintenance Costs for the Boynton Harbor Marina and the Fuel Discount Board Member McCray wanted to table the item as Board Member Casello had brought up the item and he was not present. (Board Member Romelus left the dais at 9:36 pm.) Motion Board Member McCray so moved. Vice Chair Katz seconded the motion that unanimously passed. Board Member Romelus not present for the vote. D. Recap of Costs and Damages Associated with Hurricane Irma Mr. Simon commented the Board requested a report on the expense the CRA paid due to Hurricane Irma. The total was $11,114 for all CRA owned properties. A list was included in the meeting backup. E. Consideration of 2018 CRA Board Meeting Dates Mr. Simon explained staff drafts the schedule annually. The January 9th meeting falls on Palm Beach County days and staff investigated alternate meeting dates would could th th January 17 or 18 . There was agreement to meet on the 18 , It was also noted September 11th is on the eve of a Jewish holiday. There was agreement to meet on September 11 t", (Board Member Romelus returned to the dais at 9:40 p.m.) 22 Page 281 of 1161 Meeting Minutes Community Redevelopment Agency Board Boynton Beach, Florida December 12, 2017 Board Member McCray thought the Board was putting too much into the item than was necessary. He suggested going with what staff proposed and if It did not work, the Board could make amendments, Board Member Romelus was fine with what staff proposed. No changes were made. Final form and rental agreements will be brought to the Board and the rental agreements presented at the January 181h meeting. D. Consideration of Purchase and Sale Agreement with Annie and E.L. Thomas for Lot 13 on NW 11 th Avenue Mr. Simon advised the item was heard at the November 1411 meeting and there was agreement to move forward with acquisition and a contract with the property owner for the property that was adjacent to Sara Sims Park. The agreement at the last meeting was the CRA would pay the appraised value of $81,500. The item was the actual purchase and sale agreement signed by the sellers. Motion Board Member McCray moved to approve. Board Member Casello seconded the Y motion that unanimously passed. E. Consideration of Amendment to extend the Project Completion Date for the 500 East Ocean Project Mr. Simon advised staff received a request from the management team to extend the completion date from December 31, 2017, to June 30, 2018. The original DIFA agreement showed the completion date in June 2017 and they asked for an extension to December 31, 2017 and then requested the second extension to June 30, 2018. Tom Hayden, 650 S. Lakemont Boulevard, Altamonte Springs, explained the request was the second extension request and completion means different things to different people. The project began in July 2015 and is a complex building with a lot of detail. There are 341 units, 20,000 square feet of commercial space and a garage for 640 cars. The building was also constructed on previously occupied land. When they began construction, they had to deviate from their construction timeline as they experienced delays due to items found buried. Currently, the exterior of the building will look complete by the end of the year, but they are working on items inside the building and have been working with Planning and Zoning and Building staff to comply with the development agreement. There are Planning and Zoning items that need to be completed. The TIF agreement requires green building and there are other details that need to be addressed with green building. Many items will need to be addressed over the coming months, which predicated the extension request to June 30, 2018. Mr. Hayden commented there will be 75 people living in the building by the end of the year and by this time next year, there will be well over 300. 12 Page 282 of 1161 - i : - - - y / � . . a . . . w ...... . . :.. ... .2\« .. . . �: , 2— : x , Page 283 0 1161 FryS �B E AC i J R,A CRA BOARD MEETING OF: August 14, 2018 NEW BUSINESS AGENDAITEM: 14.D. SUBJECT: Consideration of Registration and Travel Expenses to Attend the Florida Redevelopment Association 2018 Annual Conference on October 24-26, 2018 in Fort Myers, Florida SUMMARY: The Florida Redevelopment Association (FRA) annual conference will be held on October 24- 26, 2018 at Sanibel Harbour Marriott Resort & Spa in Fort Myers, Florida. The deadline to register is October 9, 2018 (Attachment A). The FRA is our agency's statewide professional organization under the Florida League of Cities. The conference always provides great information to staff and board members on CRA related issues, best practices, programs and legislative updates (Attachment B). The CRA Board established a policy during fiscal year 2016-2017 that only two members of the CRAAB are permitted to attend the FRA Annual Conference. At their meeting held on August 2, 2018, the CRAAB approved sending Anthony Barber and the second member to be selected at their September 6, 2018 meeting. FISCAL IMPACT: FY2017-2018 Budget, General Fund, Line Item 01-51010-225. Conference registration is $395 plus mobile tour$49, 2 nights hotel $550, per diem and mileage $300 CRA P LAN/P ROJ ECT/PROGRAM: N/A CRAAB RECOMMENDATION: N/A CRA BOARD OPTIONS: Attendance to be determined based on CRA board discussion and consideration. Page 284 of 1161 6.H. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the ranking as recommended by the Selection Committee and authorize City Staff to negotiate an Agreement with EPR SYSTEMS USA, INC. of Sarasota, Florida for RFP No. 027-2210-18/ITfor RFP for Fire-Rescue Records Management System. The agreement will be brought back to the City Commission for approval once negotiated. EXPLANATION OF REQUEST: On July 30, 2018, Procurement Services opened three (3) proposals in response to the "Request for Proposal for Fire Rescue Records Management System." This RFP was issued to secure a solution to replace the Fire Department's existing stand-alone records management, and mobile data systems with a comprehensive, fully integrated, public safety information management solution. After reviewing all proposals in accordance with the evaluation criteria contained in the RFP, in a public meeting, the selection committee scored and ranked the firms and shortlisted only EPR Systems USA, Inc. The Part 1 Ranking and Average Scores are as follows: Firm Average Points (Max 80) Ranking EPR Systems USA, Inc. 58.2 1 1 mageTrend, I nc. 45.8 3 Reporting Systems,Inc. d/b/a Emergency Reporting 16.3 2 In accordance with the process outlined in the RFP, the top ranked firm and its team was invited to demonstrate its proposed solution to the Committee. Subsequent to the demonstration, each Committee member independently scored the firm and in a publicly noticed final ranking meeting held on September 17, 2018, the committee disclosed their scores for the demonstration. In accordance with the RFP, the scores for Part 2 were added to Part 1 for a total combined score. The Part 2 Ranking and Average Score is as follows: Firm Avg. Pts. (Max 20I Total Avg. Score (Max 100) Ranking EPR Systems USA, Inc. 19.6 77.9 1 Based upon these scores, the Committee unanimously voted to approve EPR Systems USA, Inc. as the number one ranked firm and agreed by consensus to prepare an agenda item to City Commission recommending approval of these rankings and requesting authorization to proceed in negotiating a Contract with EPR Systems USA, Inc. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Page 285 of 1161 The current Records Management System (RMS) is antiquated, labor intensive and inefficient. Approval of this request will allow the Fire Rescue Department to more efficiently manage the increasing number of Emergency Medical Services (EMS) and Fire responses, as well as Fire Inspection activities in the city. Statistical data can effectively be created, allowing Fire Administration to conduct a more comprehensive risk analysis. In addition, the Department will be able to export the National EMS information System data as well as the National Fire Incident Reporting information. FISCAL IMPACT: Budgeted None at this point, fiscal impact will be with the negotiated agreement that will return to the Commission for approval. Funds are budgeted in the following account numbers: Fire Rescue: 001-2210-522-64-14 Community Standards: 001-2211-522-64-14 ALTERNATIVES: Not accept the Committees' rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Proposal. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Advertised RFP- Fire Rescue Records Mgmt. System D Attachment Summary of Reviewers Scores- Fire Rescue Records Management System D Attachment Submittal- EPR Systems LISA, Inc. 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M. (LOCArI4`sl � �J \t l},i 3r 1 s,, C S s t s�2211tr 1f1”. �10E/PI CUREM 4f)sl} t.'ir}�sJ\i !\jilt�_ s{y,SSr�1e st}(�,�t'�11 �lsl 4fss i��h}s�<s,,,a ��i,4 t. i ttvs�tt�ht �)s .(t3 }4:,s Ssslt}till)tJ4{%st� \(s��4t,i iistyrty. }���A�SI}i s, �rl rzs �� lt,,. �53� Syr t1S1 sSy\rr���s s`- 1\ti�?r1 tst i 1�1 is1�����1s�1rS } \ �A)ts(£l�tsE t.A}� t sljt'I �sS s �1{)�kj i$t���� {Jbt)t t';ft�s �}r�\i ltst f s. i�ij,j��s ss tSs11}�V Ash s}r tj ss}s ss 1115 a iils plr� �l�t{�i�t�t�i�is��;{tillit{llil;��rttitisrs���l��tis�s{3£���#rs7z�it'�s"ttk}srtt,�l 4h�l�tit�3ti�����;s's �Jr§, Page 287 of 1161 The City of Boynton Beach 4k REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT Sealed RFP's will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JULY 30, 2018 No Later Than 2:30 P.M. (Local Time). RFP's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL—2ND FLOOR ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at(561) 742-6322. Respondent(s)who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the response shall be submitted in one sealed package clearly marked on the outside: "RFP NO. 027-2210-18/IT — FIRE- RESCUE RECORDS MANAGEMENT SYSTEM" and addressed to: City of Boynton Beach, Finance/Procurement Services,100 E. Boynton Beach Boulevard, or P.O. Box 310, Boynton Beach, FL 33425-0310. RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. America's Gateway to the Gulf Stream 2 Page 288 of 1161 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation.A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmani(d)bbfl.us City of Boynton Beach 3 RFP No.027-2210-18/IT Page 289 of 1161 INTENT/ SCOPE OF SERVICES The City of Boynton Beach, Florida (City) is actively seeking proposals from qualified and experienced firms to replace the Fire Department's existing stand-alone records management, and mobile data systems with a comprehensive, fully integrated, public safety information management solution. The selected software system will be state-of-the-art and will have the ability to share and receive information within a mobile environment. RFP documents are available online through DemandStar by Onvia at: www.demandstar.com Upon request, documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Ilyse Triestman, Purchasing Manager Telephone: (561) 742-6322; Email: triestmanip_bbfl.us Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH .. - 0- A4-WQ Tim W. Howard Assistant City Manager -Administration City of Boynton Beach 4 RFP No.027-2210-18/IT Page 290 of 1161 TABLE OF CONTENTS REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT Section I —Submittal Information . .......................................................................................6 Section 11 — Purpose, Background and Scope of Services ..................................................7 Section III — Proposal Submittal Instructions and Requirements. .................................8 - 11 Section IV— Proposal Evaluation Method and Criteria. ...............................................12 -14 GeneralConditions . ...................................................................................................15 -21 Attachment"A— Functional Specifications Requirements Compliancy....................22 - 33 Proposer Acknowledgement . ............................................................................................34 Addenda ............................................................................................................................35 FeeProposal ..............................................................................................................36 - 40 Statement of Qualifications . .......................................................................................41 - 42 ReferenceForm ................................................................................................................43 Anti-Kickback Affidavit . .....................................................................................................44 Non Collusion Affidavit ......................................................................................................45 Confirmation of Minority Owned Business . ......................................................................46 Confirmation of Drug-Free Workplace . .............................................................................47 Acknowledgement of PBC Inspector General....................................................................48 Local Business Status Certification Form................................................................49 Schedule of Subcontractors ..............................................................................................50 Statement of No Submittal . ...............................................................................................51 "DRAFT" Professional Services Agreement. ...............................................................52- 58 Page 5 of 58 Page 291 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT Section I —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until July 30, 2018, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. D. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the RFP response, shall be submitted in one sealed package clearly marked on the outside "RFP No. 027-2210-18/IT— FIRE-RESCUE RECORDS MANAGEMENT SYSTEM", and addressed to: City of Boynton Beach, Finance/Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W-9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section II of this Request for Proposal. Page 6 of 58 Page 292 of 1161 Section II — PURPOSE, BACKGROUND AND STATEMENT OF WORK 1. BACKGROUND/ PURPOSE/ STATEMENT OF WORK The City of Boynton Beach is the third largest municipality in Palm Beach County. A coastal community of 16.5 square miles is located in central Palm Beach County- midway between Fort Lauderdale and West Palm Beach and neighbored to the north by Lantana, Lake Worth and to the south by Delray Beach and Boca Raton. Boynton Beach Fire Rescue provides an all hazard response to the over 13,000 incidents in the last fiscal year, of which over 70% were requests for emergency medical services. The Fire Department provides these services from five (5) fire stations located throughout the 16.5 square mile city. The Department provides fire suppression, technical rescue, advance life support emergency medical transport, fire inspections and code enforcement activities using 28 mobile emergency and non-emergency mobile units. The goal of this project is to consolidate data collection and management into a cloud based solution that meets State and Federal reporting requirements and security standards. The solution will facilitate mobile data collection from fire incidents, EMS incidents, fire inspection and code enforcement activities, staffing, inventory control, EMS and fire inspection billing, and station activity logs. EMS reports must include the NEMSIS Version 3.0, or greater, and State of Florida EMSTARS 3.0, or higher data set, able to add data fields, and capture graphics, and signatures. The solution must have the ability to export NFIRS Data in a format that complies with Florida Fire Incident Responder System Program (FFIRS)The solution must be able to export the EMSTARS 3.0 or higher dataset in a format that allows the State of Florida to receive and integrate the data into their database. The preferred proposer will provide a path to allow the integration of legacy data into the proposed system. All the modules must be interconnected to create a seamless records management system. The successful Proposer shall be capable of providing a fully integrated operational turnkey system that is configurable, and includes installation, training, testing, user documentation, and cutover/operational support during reliability testing. Contractors must propose system warranty and maintenance to include system update services that include all third-party services and interfaces. Contractors shall meet the functional specifications requirements contained in Attachment A - FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY. Failure to meet the functional specifications requirements may be cause to reject the proposal as non-responsive. 2. TERM OF SERVICES The term of the Project will be established with the recommended vendor and the City. The term will be in the Agreement upon award by City Commission. Page 7 of 58 Page 293 of 1161 Section III - PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order to facilitate the analysis of responses to this RFP, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Consultants whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton Beach. II. Proposals shall be prepared as simply as possible and provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the eight (8) sections listed below shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand corner. c. Submit one (1) original proposal and four (4) copies + one (1) electronic copy on flash drive or CD/DVD. d. The proposal shall be organized as follows: Proposal Tab Section Title 1. Introduction letter/Statement of Interest 2. Statement of Organization 3. Minimum Qualifications 4. Proposed Approach and Process 5. Qualifications/Experience of Firm and Team 6. Similar Projects / References 7. Cost Proposal 8. Submittal Forms TAB 1 - INTRODUCTION LETTER / STATEMENT OF INTEREST — The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. TAB 2 — STATEMENT OF ORGANIZATION_:— The Respondent shall provide the following information: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Respondent's company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Respondent's Corporate headquarters. Address City, State, Zip Phone F. Contact information for Respondent's Local office (if any). Page 8 of 58 Page 294 of 1161 Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. I. Contact information for Respondent's Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip J. Contact information for Respondent's Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). TAB 3 — MINIMUM QUALIFICATIONS — Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): a. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. b. Respondent must have completed within in the past five (5) years, one or more systems integration with a Fire/EMS Department CAD system and an RMS solution in a fire rescue department. Respondent shall provide documentation and contact information for City's use in order to comply with this requirement. Page 9 of 58 Page 295 of 1161 TAB 4— PROPOSED APPROACH AND PROCESS— 1. Provide a concise description of the approach and process the vendor will employ to successfully complete the statement of work in described in Section II to be performed to include any specific staffing or equipment resources that will be employed by the vendor. Multiple alternate solution proposals may be submitted by the same proposer. For each different proposed solution, include the same degree of detail and description specified for a primary offering. 2. Include the Completed Functional Specifications Requirements Compliancy Form located in Attachment A. This form must be completed may be cause to reject the proposal as non- responsive. TAB 5— QUALIFICATIONS AND EXPERIENCE OF FIRM AND TEAM — 1. The Respondent shall describe its qualifications and demonstrated experience with a project of this scale and similar complexity. 2. Describe the qualifications and demonstrated experience of key persons who shall be assigned to the project. Attach brief resumes and additional information as needed. 3. Provide examples of project assignments, experience and qualifications relevant to the proposed project. Describe if experience is with this firm or other firms. TAB 6—SIMILAR PROJECTS/ REFERENCES — 1. Provide references for similarly successful projects from at least three (3) governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. The City is especially interested in successful projects involving Superion (formerly known as Spillman Technologies) CAD systems. 2. Provide examples of work by firm or individual which best illustrates current qualifications relevant to the City's project that has been/I being accomplished by personnel that shall be assigned to the City's project. List no more than ten (10) projects. The following details should be included for each example: 1. Project Name, Entity Name, Address and Location, Contact Person, Title, Telephone Number. 2. Name of Firm's Project Manager for the project. 3. Completion Date of Project (actual or estimated). 4. Estimated Project Cost. 5. Amount of Work for which your firm was/is responsible. 6. Scope of Entire Project. (List the tasks accomplished. (Attach samples of deliverables, outlines or descriptions of items.) 7. Firm's personnel (name/project assignment) that work on the stated project that shall be assigned to the City's project.) TAB 7 — COST PROPOSAL — The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. If a discount off retail pricing for items not specifically listed on the Cost Proposal Form is available, please provide that information. Also include any other pricing discounts or offers that will assist the City of Boynton Beach in obtaining the best possible pricing for the services provided. Page 10 of 58 Page 296 of 1161 TAB 8 — SUBMITTAL FORMS — Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORM IN THIS SECTION RATHER INCLUDE IT IN TAB 7— PRICE PROPOSAL. ■ Proposer's Acknowledgement ■ Acknowledgment of Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status ■ Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 11 of 58 Page 297 of 1161 Section IV— PROPOSAL EVALUATION METHOD AND CRITERIA: The City will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The Purchasing Manager shall determine whether each Respondent is responsive and responsible. For the purposes of this RFP, a responsive Respondent means a Firm that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, the Purchasing Manager will determine whether each Proposer correctly submitted all of the necessary forms and documents. Among other things, a proposal may be found to be non-responsive if the Respondent failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The evaluation and selection process will be conducted in two phases. In phase one, each committee member will independently score each proposal on vendor qualifications, system suitability, reporting and data analytics, implementation services and warranty utilizing the evaluation criteria listed below. Purchasing Services will calculate the scores for the cost proposal and for local business status and will provide the scores to the committee members. The Total Maximum Score for each proposal in this Phase is 80 points. The Committee will endeavor to create a short list of at least three (3) of the highest ranked Proposers. In the event that fewer than three (3) firms express interest in a project or fewer than three (3) are deemed qualified by the Evaluation Committee, then Procurement Services Division shall make a determination as to whether to proceed with the lesser number of firms. These Proposers will then advance to the second phase of the process — demonstrations. The Committee will evaluate the firm's demonstrations utilizing the evaluation criteria listed below. The Total Maximum Score for each proposal in this Phase is 20 points. The scores from each phase will then be added to arrive at a total score. The Selection Committee will evaluate each proposal utilizing the following criteria: Criterion Max Score Vendor Qualifications 15 System Suitability 20 Reporting and Data Analytics 10 Implementation Services and Warranty 10 Cost Proposal 20 Demonstration 20 Local Business Certification Form 5 Total 100 Page 12 of 58 Page 298 of 1161 Description of Criteria: Vendor Qualifications — The City is requesting proposals from organizations that are qualified as system vendors and are either the manufacturers and/or developers of the system offered or authorized agents of such manufacturer or developer. Vendors with the following qualifications are encouraged to participate in the RFP process and submit proposals: a. Demonstrated at least 3 years of experience in the design, installation, and maintenance of records management system. b. Sufficient qualified and experienced engineering, design, installation and service personnel to satisfy any engineering or service problem that may arise during the installation, warranty, and maintenance periods. c. References showing previous implementations of public safety systems in agencies of comparable complexity and/or size. d. Did the vendor demonstrate experience integrating their CAD system with Superion (Spillman) CAD System? System Suitability—The vendor will be evaluated on the suitability of its system with respect to the following factors: a. Does the records management system meet all the functional needs of the City? b. Does the vendor provide a system that will be easy to use and administer? c. How well does the vendor understand the training requirements and how does the vendor propose to fulfill them? d. Is the system design suitable for a mission critical environment? i. Does it meet the fault tolerance requirements? ii. Will it be easily expandable without replacement? iii. Will it be user maintainable? e. Is the system built to operate on industry standard hardware and software platforms that are easy to maintain Reporting and Data Analytics — The vendor will be responsible for complete and timely installation of all equipment. The vendor may utilize the services of equipment suppliers or service agencies to do the physical installation, but this does not relieve the vendor of any responsibility for the installation. The vendor's project manager will remain the contact for any installation issues or problems. Implementation Services and Warranty - The vendor will be responsible for complete and timely installation and configuration of all software and equipment proposed. a. The vendor may utilize the services of equipment suppliers or service agencies to do the physical installation, but this does not relieve the vendor of any responsibility for the installation. The vendor's project manager will remain the contact for any installation issues or problems. b. The City will be responsible for providing a suitable environment for vendor equipment and will provide necessary conduit, cable paths and communications lines. Page 13 of 58 Page 299 of 1161 Price Proposal — The firm providing the lowest price to the City will receive the maximum of 20 points, all others will receive points based on the following formula: Lowest Cost Submitted - Cost Submitted x Maximum Possible Cost Points = Cost Points to Award (see example below). Formula Example Example Example Lowest Cost Submitted $10 $10 $10 Cost Submitted $10 $20 $15 x Maximum Possible Cost Points 20 20 20 = Points To Award 20 10 23.4 Demonstration -The vendor must show compliancy with functional specifications as indicated in their respective response in Attachment A during the demonstration evaluation. Key Requirements: • The demonstrations shall be held at a City Facility to be determined . • All demonstrations shall be live and should not exceed 6 hours • The vendor must have a technology specialist available for the demonstration and to discuss integration to existing IT technologies. • The vendor is requested to have an implementation specialist available, in person or by phone conference for the demonstration to answer specific questions relation to configuration and implementation phase of the project • The team may be asked to demonstrate the product using a simulated event (structure fire, EMS incident, and/or fire safety inspection) during the evaluation using a predefined script. The demonstration will be evaluated based upon the knowledge exhibited by the Proposer and its team members and comprehensive explanations and/or augmentation of information. Consideration will also be given for presentation style. Clarification of information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals.All costs incurred by Proposer to participate in the interview, including travel, will be the sole responsibility of the Proposer. Upon completion of the demonstration, the Committee will independently score the proposals based upon the evaluation criteria listed above. The Committee will convene at a publicly noticed meeting to reveal their scores. The scores from phases 1 and 2 will be added to arrive at a total score. The proposals will then be re-ranked and the highest ranked qualified Proposer will be recommended to City Commission for approval. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). Page 14 of 58 Page 300 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the"STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. Page 15 of 58 Page 301 of 1161 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ■ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ■ Reject or cancel any or all RFP's; ■ Reissue Request For Proposal Invitation; ■ Extend the RFP opening time and date; ■ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any Page 16 of 58 Page 302 of 1161 information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. Page 17 of 58 Page 303 of 1161 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. Page 18 of 58 Page 304 of 1161 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. Page 19 of 58 Page 305 of 1161 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." Page 20 of 58 Page 306 of 1161 In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Ilyse Triestman, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: triestmanitc'i_ fl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 21 of 58 Page 307 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY The functional specifications requirements of the requested system are included in this section. Please use these tables or an exact copy in responding to the requirements and questions regarding functions, features, and reporting capabilities of the proposed system. Place an "X" in the column that best describes your compliancy to the specification based on the definitions provided below. Requirement: This is a brief description of the functional specification requirement and is not to be edited, moved or deleted. Compliant: Place an "X" in this column if the specification exists and can be demonstrated in the proposed solution. Non-Compliant: Place an "X" in this column if the specification does not exist or cannot be demonstrated in the proposed solution. Custom or Future Release: Place an "X" in this column if the specification does not currently exist or cannot be demonstrated in the proposed solution but can be developed as a custom feature or expected in a future release by the time of implementation. If it is a custom option, itemized pricing for the specification should be included in Tab 7—Cost Proposal. REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 1. System is cloud based. 2. All data elements must be exportable to commonly used formats (ASCII Delimited Text File, Excel, Word, PDF, HTML, CVS, XML). 3. CAD Interface - allow data transfer from ProQA System or similar. 4. The solution must provide a user configurable dashboard for data analysis. 5. Provide a user configurable data retention policy. 6. User configurable controls that prohibit unauthorized edits to system and configuration. 7. The ability to audit system and user activity and provide administration staff with audit reports. 8. Ability to set narratives to "Append Only" with a user defined audit trail. 9. Ability to set user defined field requirements. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 308 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 10. Capability of attaching documents and photographs to any report. 11. Signature capture capability online and offline. 12. User configurable data validation preferences. 13. Servers, data, and back-up servers are located within the U.S. 14. Data Centers meet HIPAA physical security standards. 15. Data Centers have a data breach plan that is HIPAA compliant. 16. Data centers provide redundant systems for power, UPS, A/C and connectivity. 17. NFIRS 5.0 compliance. 18. Ability to retrieve and complete reports via mobile devices and desk devices. 19. Ability to populate data from CAD including the following: location; property contact; number of units responding, operations group or shift responding; response district; incident benchmark times. 20. The ability to auto-populate occupancy type in NFIRS reporting from inspections data. 21. Ability to receive location and incident information directly from CAD in real-time. 22. Ability for mobile modules to populate CAD with time stamp incident data in real-time and other data as defined by the Department. 23. Ability to send and receive mobile messages from CAD operators or other mobile module users within the network. 24. Ability to access a master database with personnel information. 25. Ability to track open or unfinished fire, EMS, and inspection reports. 26. Secure report transmission through fax, email and other electronic means. 27. Data entry efficiencies with the use of drop downs, auto fill of fields based on entry of another field, elimination of redundant data entry. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 309 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 28. Fields for notes, narratives and other information. 29. Field data collection with the ability to download and upload data for field inspections. 30. The ability to work offline, disconnected from a network. 31. Automatic save of data entry, system wide, in the event of disconnection. 32. Automatic bypass of data fields which are not required for the type of incident. 33. Lookup codes and tables which can be defined by the customer. 34. Auto replication of data on multi exposure incident reports. 35. Ability to develop user generated form to ease of data entry. 36. Capability to set user-defined default value data fields. 37. Capture and track responding units and groups. 38. Specific property contact information (e.g. bldg. owner, tenant, etc.). 39. Disposition of the event. 40. Fields for Hazardous Material tracking with visibility throughout system including mobile units. 41. Ability to restrict end-user access to specific data fields. 42. Ability to limit the types of transactions that a user can process. 43. Ability to support a minimum of 128-bit data encryption for end to end data transfers. 44. Ability to support set-up of security by groups or classes (user profiles). 45. Ability to integrate security credentials to the existing Operating System OS security. 46. Ability to support end-user password changes based on local policy. 47. Ability to support alpha/numeric/special character passwords. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 310 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 48. Ability to track password history to deny used the ability to reuse old passwords. 49. Ability to interface with Aladtec or similar cloud based system. 50. Ability to integrate US National Grid map overlay. 51. Ability to build ISO reports. 52. Spell check in all fields. 53. Full support for ArcGIS 10.2 or higher. 54. Converting and integrating legacy data into the proposed system. 55. SQL table definitions will be available for the development of user defined Crystal Reports. 56 Ability to export NFIRS Data in a format that complies with Florida Fire Incident Responder System Program FFIRS B — EMS— Electronic Patient Care Reporting 1. Compliancy with Board of Pharmacy (Positive ID). 2. Compliant with Florida's Emergency Medical Services Tracking & Reporting System (EMSTARS) 3.0 or higher data elements. 3. The ability export the EMSTARS 3.0 or higher dataset in a format that allows the State of Florida to receive the data. 4. The ability to support at least 999 patients per incident number. 5. Capability to create and track user defined fields. 6. Fields for notes, narratives and other information. 7. Secure patient data record by security/entry settings enabled by the system administrator. 8. Ability to attach external data files, forms and photographs to ePCRs. 9. Lookup codes and tables that are defined by the user. 10. Ability to calculate the Glasgow trauma score based upon entered data. 11. Ability to track the procedures completed by each Paramedic. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 311 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE B — EMS— Electronic Patient Care Reporting 12. Ability to calculate unit times in service based on benchmark times from the CAD system. 13. Automatic saves for vitals, procedures, and medications. 14. Capability to attach staff to unit from the scheduling module and identify the job function of personnel assigned to the unit. 15. Audit trail ability with a user defined ability to limit report editing. 16. Full featured integrated Fire & EMS module for retrieval and partial or full completion of ePCR reports via completely independent platform. Mobile or desktop. 17. The initiation of an ePCR report to be reported to a centralized daily log with the following data elements: a. The date and time of the emergency b. The location of the emergency c. The number of patients transported 18. System must interface with Medtronic PhysioControl Lifepaks and Zoll X series monitors to import patient data. 19. Ability to auto generate ePCR narratives 20. Ability to print ePCR reports from the server as well as product electronic copies of the same 21. Ability to create a database of previous patients - populate data into new patient report 22. Ability to collect data from a Florida driver's license of Identification from barcode or ma stri 23. Ability to validate address with google maps/GIS mapping 24. Mobile Patient Care Reporting. 25. Must be NEMSIS Version 3.0 or greater data collection compliant and Florida EMSTARS 3.0 compliant 26. The ability export the EMSTARS 3.0 or higher dataset in a format that complies with the State of Florida requirements. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 312 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE B — EMS— Electronic Patient Care Reporting 27. Full HIPPA compliance with notification and audit tracking abilities. 28. Data encryption to comply with HIPAA security standards. 29. Ability to provide (print, electronic transfer, electronic media) Patient Care Reports (PCR)at the hospital. 30. System must provide for the importing/updating of billing information as received by EMS billing staff. 31. System must export billing reports to the City's EMS billing staff. 32. Ability to export data to an outside billing agency. 33. Ability to collect insurance information by manual entry or from scan/picture input. 34. Ability to calculate mileage for EMS transports. 35. Signature capture capability online and offline. 36. Integration of information to and from the EMS Reporting Module to auto-complete NFIRS reports. REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE C — National Fire Incident Reporting System 1. NFIRS 5.0 compliance. 2. Ability to use NFIRS codes 3. Must be compliant with Florida's EMSTARS 3.0 standard 4. Ability to set user defined field requirements 5. Ability to set user defined default values within individual data fields 6. Ability to set data validation of all required data elements 7. Auto replication of data on multi-exposure incident reports. 8. Automatic update of pertinent information to other RMS modules 9. Contextual data field selection 10. Automatic calculation of staff hours per incident THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 313 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE C — National Fire Incident Reporting System 11. Calculation of unit response times from CAD data 12. Ability to track mutual/automatic aid unit response data 13. User definable record locking and modification capability. 14. Spell check of narratives in all text fields 15. Specific or generic call templates for ease of data entry. 16. Please provide a list of preformatted NFIRS reports 17. Centralized daily log containing the following elements at a minimum with the initiation of a NFIR report: A. Date and time of the emergency B. Location of the emergency C. Property contact and property use code D. Number of units responding E. Number of personnel responding F. Operational Group or Shift responding G. Response data by district or station zones H. Incident benchmark times 18. Ability to add data files in multiple formats: JPEG, PDF, PNG, or TIFF 19. Track false alarm incidents and update to fire prevention module 20. Integration data from ePCR to auto-complete NFIRS reports THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 314 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE D — Fire Prevention 1. The City utilizes SunGard/HTE/Naviline Enterprise Resource Planning for document management - solution should allow access to that data stored in SunGard for Fire& Inspection and Community Standards. 2. Track facilities that store hazardous materials 3. The ability to view annual inspection data in other modules of the RMS 4. Email inspection reports/invoice to business owner 5. Provide a public portal for business owner to access inspection records 6. Ability to schedule and track annual inspection assignments 7. Ability to access and cross-reference the Florida Fire Code 8. Create user-defined templates for inspection forms and documents 9. Link to Certificate of Occupancy stored within SunGard 10. Ability to create and use user-defined inspections checklist 11. A unique identifying record number within the RMS 12. Time Stamps (Date received, date of occurrence) 13. Ability to assign inspectors within the system 14. Ability to generate a combined or individual community risk assessment OVAP (occupational vulnerability assessment profile) score 15. Ability to map and overlay occupancies by inspector, next inspection date, station, zone, and category. 16. Ability to print and email completed inspections 17. Ability to create invoices for inspection billing 18. Create user-defined fields 19. Ability to search for prior or outstanding violations 20. Ability to reference Florida Fire Prevention Codes within notice of violation THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 315 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE D — Fire Prevention 21. Signa ure capture capability online and offline. 22. False alarm reporting and tracking in from NFIRS data 23. Prefire plan integration with crosstalk between fire prevention and prefire plan module 24. Designed for mobility - check list user interface 25. Maintain complex occupancies in separate files 26. Contain a fire investigation module 27. Database to manage buildings, occupancies, and fire protection systems 28. The ability work off line without a network access 29. Ability to run reports - past due inspections, billing, annuals, Ocp types 30. Ability to integrate billing data into Superion Naviline 31. Ability to export to Laserfiche 32. Integrate data from the Palm Beach County Property Appraiser 33. Ability to reference City of Boynton Beach Fire Prevention Ordinances within notice of violation 34. Converting and integrating legacy data into the proposed system REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 1. The City utilizes Superion/Naviline Enterprise Resource Planning System. Solution should allow access to the data stored in the Superion/Naviline Community Development module directly or via Fusion API. 2. Email citations to business owner THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 316 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 3. Ability to access and cross-reference the City Code Enforcement Ordinances 4. Create user-defined templates for inspection forms and documents 5. Link to Certificate of Occupancy stored within SunGard 6. Ability to create and use user-defined inspections checklist 7. A unique identifying record number within the RMS 8. Time Stamps (Date received, date of occurrence 9. Ability to assign inspectors within the system 10. Ability to generate a combined or individual community risk assessment OVAP (occupational vulnerability assessment profile) score 11. Ability to map and overlay occupancies by inspector, next inspection date, station, zone, and category. 12. Ability to print and email completed citations and notice of violations 13. Ability to create citations and notice of violations 14. Create user-defined fields 15. Ability to search for prior or outstanding violations 16. Ability to reference Florida Fire Prevention Codes within notice of violation 17. Signature capture capability online and offline. 18. False alarm reporting and tracking in from NFIRS data 19. Prefire plan integration with crosstalk between fire prevention and prefire plan module 20. Designed for mobility - check list user interface 21. Maintain complex occupancies in separate files 22. Contain a fire investigation module 23. Database to manage buildings, occupancies, and fire protection systems 24. The ability work off line without a network access 25. Ability to run reports - past due inspections, billing, annuals, oc . types 26. Ability to integrate billing data into Superion Naviline THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 317 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 27. Ability to export to Laserfiche 28. Integrate data from Palm Beach County Property Appraiser 29. Ability to reference City of Boynton Beach Fire Prevention Ordinances within notice of violation REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE F — PreFire Planning 1. NFPA 170 Complaint graphics package 2. Location information auto populated from CAD 3. Google Maps/GIS integration 4. Navigation- routing with turn by turn directions 5. Fire tactical summary 6. Hydrant locations - maximum GPM flows 7. Calculation of NFPA Needed Fire Flow 8. Add files, forms and photographs in multiple formats: JPEG, PDF, PNG, or TIFF 9. Color coded hydrant overlay 10. Ability to identify out of service hydrants 11. Ability to integrate hydrant testing data REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE G — Station 1. Dashboard display of information regarding closed roads, out of service equipment, daily announcements, hydrant condition, etc. 2. Station journal and daily to 3. Gear maintenance records 4. Equipment inventory 5. Tracking PPE inventory and repair THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 318 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE H — Data Analysis and Custom Reports 1. Data Analysis and Custom Reports 2. All data elements must be exportable to commonly used formats (ASCII Delimited Text File, CSV, Excel, Word, PDF, HTML, XML). 3. Ability to track the procedures completed by each Paramedic. 4. Ability to calculate unit times in service based on benchmark times from the CAD system. 5. Ability to create ad-hoc reports from user search results 6. Ability to track open or unfinished fire, EMS, and inspection reports 7. Ability to build ISO reports 8. Develop user-define Reports such as the following: a. Response by Station/inclusive by district b. Unit Turn out times c. Daily run data d. Response with arrivals e. Fire incident details f. Hospital by unit totals 9. Exporting proprietary data in standard formats including .csv 10. Sequel tables definitions will be available for the development of user defined Crystal Reports THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 319 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP Number: 027-2210-18/IT RFP Received By: JULY 30, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JULY 30, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: E-mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 320 of 1161 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "FIRE RESCUE RECORDS MANAGEMENT SYSTEM" RFP NO.: 027-2210-18/IT DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 321 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM Proposers should use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. 1. Pricing — Software - Required Modules- Provide pricing information for all required applications/modules included in the proposed solution. Master Database $ $ Imaging $ $ GIS $ $ Computer-Aided Dispatch $ $ CAD Mapping $ $ Response Plans $ $ Inspections $ $ Fire Inspection Tracking and Billing $ $ Records Management System $ $ Inventory Control $ $ Roster/Staffing w Personnel Database $ $ EMS Reporting $ $ Fire Reporting $ $ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 322 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) 1. Pricing — Software - Required Modules- Provide pricing information for all required applications/modules included in the proposed solution. Mobile Queries $ $ Automated Field Reporting $ $ Driver License Scanning $ $ Voiceless Dispatch $ $ Mobile and Desktop Access $ $ Dashboard Analytics $ $ Pre-fire Plans $ $ Total Price for Required Modules $ Check all the following that are included in the quoted Required Modules price: ❑ Complete integration of all modules ❑ Onsite end user training at implementation with no internal interfaces ❑ Technical support and customer service ❑ Site license for all desktop modules ❑Ongoing end user and administrative training ❑ First-year maintenance on software THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 37 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 323 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) Optional Modules Provide pricing information for all optional applications/modules included in the proposed solution, if any are necessary to meet the functionality specifications as defined. Premises Information $ $ Configurable Dashboards $ $ Total Price for Optional Modules $ Check all the following that are included in the quoted Required Modules price: ❑ Complete integration of all modules with no internal interfaces ❑ Site license for all desktop modules ❑ First-year maintenance on software ❑ Technical support and customer service ❑ Onsite end user training at implementation ❑ Ongoing end user and administrative training 2. Pricing —Vendor Services Total price for implementation project management $ Check all the following that are included in the quoted implementation and project management price: ❑ Onsite project management services ❑ PMP-certified project managers ❑ Code table setup ❑ Connection with state database Total price for software and hardware installation $ Check all the following that are included in the quoted software and hardware installation price: ❑ Multiple onsite installation visits Total price for travel and per diem $ Total Price for Implementation Services $ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 38 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 324 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) Total price for administrative training $ Check all the following that are included in the quoted administrative training price: ❑ User manuals and other training materials ❑ Defined timeframe for Go-live ❑ Training database that utilizes agency-specific data ❑ Complete administrator training ❑ Post Go-live refresher training Total price for end user training $ Check all the following that are included in the quoted end user training price: ❑ User manuals and other training materials ❑ Post Go-live refresher training ❑ Pre-Implementation project team training ❑ Access to online training database Total price for Go-live assistance $ Check all the following that are included in the quoted Go-live assistance price: ❑ Post Go-live onsite refresher training Total travel and per diem estimate $ Total Price for Training Services $ 3.1 Pricing — Warranty, Maintenance, and Support First-year support (12 months) $ $ Second-year support (required modules) $ $ Second-year support (optional modules) $ $ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 39 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 325 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) COMPANY NAME AUTHORIZED SIGNATURE TELEPHONE NO. PRINTED NAME E-MAIL ADDRESS TITLE DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 40 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 326 of 1161 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why?* THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 41 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 327 of 1161 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20_ By: (written signature) Name: (printed or typed) Title: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 42 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 328 of 1161 REFERENCES FOR (NAME OF FIRM) ""k "' 1\�, , Vll� , Vll� Vll� V, V, V, , V, Vl� Vl� Vl� Vl� Vl� Vl� Vll� Vll� Vll� Company Name: Address: Contact Name: Phone: Fax: E-Mail: ""k "' 1\�, , Vll� , Vll� ll� Vll� ll� Vll� , Vll� ll� Vll� Vll� Vll� , ll� Vll� ll� ll� ll� 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: Vl� Vl� Vl� ll� V\� . vl� Vl� ll V\� V\� Vl� Company Name: Address: Contact Name: Phone: Fax: E-Mail: ""k "' 1\�, , Vll� , Vll� ll� Vll� ll� Vll� , Vll� ll� Vll� Vll� Vll� , ll� Vll� ll� ll� ll� 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 43 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/1T Page 329 of 1161 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 44 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 330 of 1161 NON COLLUSION AFFIDAVIT State of ) County of ) being first duly sworn, deposes and says that: 1) He/She is of , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 027-2210-18/IT for FIRE-RESCUE RECORDS MANAGEMENT SYSTEM 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 45 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 331 of 1161 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 46 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 332 of 1161 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 47 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 333 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 48 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 334 of 1161 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 49 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 335 of 1161 @ / / - LU c o \00 0 £ 0 \ \ z � © 0 k _ (L 2 $ / f 2 ° ' e 7 0 C Q d 5 CL—— 2 \ ƒ\ k� S � � 0 oee � o k % 7 0 \ * ' = t2 72 \ (3) (n 7 £ (C).\ 7 4a a = 2 I2:, § � = 2 / \ \ � 0 = o oc 2 tE S o y ■ § ¥ q \ /n n 0 � § k 6 § \ ¢ _ CL 2 LU 0� E ° co \ 2 : L n Cl) m t2 / � \ � \ § � § a / 2 X78 z 2 (1) _0 0 0 « CoE _ � k »® U � ¥ '= 0)'D B S / LU ® ' E7 ■ 2 E o LU co� E ■ / § � 2%FO e 2k Z / � 0 / k g / / k \ Q04 0 0M 0 / \ \ 2 LU 3 $ o 2 � / M o7_ 2 �_& [ � « ® p o Cl) / / � / § \ ƒ § E / � kLL (1) 2 \ = � U / O \ $ ± 0 / \ Co U E U2 0 = �- ■ oo - � z LU � = 0 / 4 g // $ 2 z ± = e E \ 0 ° 2u LU q oo ƒ 0 2 \ § 2LU 2 EEj 0) M 22 20- \ / 0 / f / 0 S a \/ �§ 2 @£ E0 0- L o /-° S § § 2 § -00 2 V �0 o n _ _ � ■ �9 / _ (D 0 = 2 U) _ / n e n = � ■ t » � CL E \2 c 7Co_ / ftm U ° - 7@f � � a \\ o £ = # ƒ / 222 2 ± \ f § o o % = [ _ Co 0) m_ 0 o �0 § \■ o » u y # § gam zi f E $g ƒ ° = f @ n § _ Co = o . / / -2 7 U 5ka f 0 / 2 ( \ R = = o ■ 7 ooAS, STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No.: 027-2210-18/IT for "FIRE- RESCUE RECORDS MANAGEMENT SYSTEM" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 51 Page 337 of 1161 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to perform professional services in connection with the RFP FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM; RFP No.: 027-2210-18/IT. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission. 5. PAYMENT: The City will pay the Vendor, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is 52 Page 338 of 1161 executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. the .10P*6 of liability picevided by 66IGh P910GY fA-.r GI-ROM -;;Ad- OR -;; GI-ROM P4-;;d-P- N3601; OF AP (10,04) Of the liMit Of liability. VUBAd-A—F Shall RGtify the Gity OR WFitiRg 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor, any fee, 53 Page 339 of 1161 commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This 54 Page 340 of 1161 agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 55 Page 341 of 1161 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Vendor Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page X42 of 1161 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] Page X43 of 1161 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page X44 of 1161 0 z Y Z Q oe 000 Q C O O O r 0 c cq O 0 N O O O O O O O O Q0 0 0 0 r r r 4- 0 0 Z LO he 'ITQ oe Y J (00 (00 (00 W Q Z OF Q (r) ((0 LL( I� J Z W Z {� Z O y L� 06 OQOOO U X m Q o 0 0 Q a y V W oOU 0 c� o' W ~ N O 00 00 0 X O O O V Q O O O F ' Z Z H 2 cW Q Q Z O0 O C W 'L 000 LLQ O WRQ < O � r Q W Z to y Q a0 Z o � C Y Q U o fn N Z z � J o00oo N CoQ Q cv - cv O J Z N Q Q U H oe a W Z 0 '++ J N 000000 m D LL P: H ~ Q �2Coll � U w y CO) w W W p !2 7 000 L w in Q 999 W Wry Ca > LL J 1.6 0 ~ O Z LL 0 O) LL LL a J N w Q � w W Z � to Q a � 7 w 0 w U > w U) Z > F O m LU LLI z z w J > o w Q a oY 2 w r > {t��j? tt i Is}ti ss{)1Vr�}na(y411�t�\1rkU{i��}}s#\!�s`S\ )�s{}('1�;�}s,rt�l1�{�1r,1 s�t����1)\ft4{r�5�4l,S�S1{t',>>7}S�(#41t�`4•*,,,,, { A t s ?£1}s(lt :SI)}ta(j J lip rs}S�S� r1 ssll�t itsV1): Jrt �sri ir)is1�i tl s}iA A\S i11)s!s t�si 4�r}}r} sit s� l}11 i rss{£\ }'i�ijt�tll{t3\ ri rt#ri�'l +1ti1j4'}1sr tS;�,; ssj�r{fs�tit'fitilirt{��� tt{ii} its)rsS��id)#t�ftl`;r4� i4S,4v_• sssis +s A,Nf, f�)trl�yt,:.. �l{S1 s>i?)1j l US�VL 14�t lltr l rr,kr})�,,J{) r�jtS(i t�}rC}i�iiia}j r�\SsrJi sils',�' ��Ji�; Aj�tt,ra:;l+} �Vt;Sy1i{s}'is{tt#ti��r{i�\� \sA1 \{1{1�\rv�Sy .oS s :1 2 4 } }ts l�vsl stS �1{ic s }`r;. r '{ ,,lit Slt\r s2�}qty\st f}l)))�s?iris ssir iso lh s f},/ 4 sli£ `% 'CUE R��� sU�s(l, ltl r�iili A�Yltyl i? 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M. (LOCArI�rJ � r I,l vJ,1 r ,, t31 is vt i� 'rls, �i v,}tr, v l 4 t 3 1 � t r s1 s� ( 3\s3t het \,, �l �iq`' ' 3`�j'�}( �4 ' �10E/PIS CUREM �11't4` srl its}) r +Ii t4 JSjs1�SrA rs 1(s �il{l!ti si fll 41)1i} t_iti ,s'y )Ss {it isr<,, ritrlrl>}1�s is#r} 7}ti lljitl as s,{y }�si,r �V}}(� t}11� {sl�4fsl i��h}s.<s a ��,4s is ss i�t1\(�Ss�l�tt}�\.(13rsr}4 3{sI}t4 si}V�4{�£i( \lisl�4stt is}rrss,�, rritrlq}vvi1~�4,1;1 tv1I 31�`,t��,r Al ��jl(}1Z�s{)Sts, g1js�r��twsi�;tsY t}V ,l,. slss�ljls�4¢��� 1t t1��}411t{fiis}{�{ii,as£}�Ii\�34isii4.JAfrV\{ 4rp�+ssbt��it�'u t111i! Sl�A1i 1,�t, i���Is �lsi �NS{ S rSt\r��� t \�`tS{ �ts1i �s\�S\ }sv4 s (rJjl}4!�1s s, �y 1 ititiil'ii ���t}4s\i}s�4�s��it�i�}� \S�st}.:��t }4��}t}s\5i�1 ��slttJ s }Ii4tir7l}�}1#t}}sjtl�l�iA���ss si��l�s}tils tltS,a: it ti},}ty3tvi til'Ih,'i1i1�{1�s�1��'�tii'1'{1£`§{+rt�tltt's s}1z�i S '�sgt'lttln,v Page 346 of 1161 The City of Boynton Beach 4k REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT Sealed RFP's will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JULY 30, 2018 No Later Than 2:30 P.M. (Local Time). RFP's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL—2ND FLOOR ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at(561) 742-6322. Respondent(s)who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the response shall be submitted in one sealed package clearly marked on the outside: "RFP NO. 027-2210-18/IT — FIRE- RESCUE RECORDS MANAGEMENT SYSTEM" and addressed to: City of Boynton Beach, Finance/Procurement Services,100 E. Boynton Beach Boulevard, or P.O. Box 310, Boynton Beach, FL 33425-0310. RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. America's Gateway to the Gulf Stream 2 Page 347 of 1161 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation.A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmani(d)bbfl.us City of Boynton Beach 3 RFP No.027-2210-18/IT Page 348 of 1161 INTENT/ SCOPE OF SERVICES The City of Boynton Beach, Florida (City) is actively seeking proposals from qualified and experienced firms to replace the Fire Department's existing stand-alone records management, and mobile data systems with a comprehensive, fully integrated, public safety information management solution. The selected software system will be state-of-the-art and will have the ability to share and receive information within a mobile environment. RFP documents are available online through DemandStar by Onvia at: www.demandstar.com Upon request, documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Ilyse Triestman, Purchasing Manager Telephone: (561) 742-6322; Email: triestmanip_bbfl.us Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH .. - 0- A4-WQ Tim W. Howard Assistant City Manager -Administration City of Boynton Beach 4 RFP No.027-2210-18/IT Page 349 of 1161 TABLE OF CONTENTS REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT Section I —Submittal Information . .......................................................................................6 Section 11 — Purpose, Background and Scope of Services ..................................................7 Section III — Proposal Submittal Instructions and Requirements. .................................8 - 11 Section IV— Proposal Evaluation Method and Criteria. ...............................................12 -14 GeneralConditions . ...................................................................................................15 -21 Attachment"A— Functional Specifications Requirements Compliancy....................22 - 33 Proposer Acknowledgement . ............................................................................................34 Addenda ............................................................................................................................35 FeeProposal ..............................................................................................................36 - 40 Statement of Qualifications . .......................................................................................41 - 42 ReferenceForm ................................................................................................................43 Anti-Kickback Affidavit . .....................................................................................................44 Non Collusion Affidavit ......................................................................................................45 Confirmation of Minority Owned Business . ......................................................................46 Confirmation of Drug-Free Workplace . .............................................................................47 Acknowledgement of PBC Inspector General....................................................................48 Local Business Status Certification Form................................................................49 Schedule of Subcontractors ..............................................................................................50 Statement of No Submittal . ...............................................................................................51 "DRAFT" Professional Services Agreement. ...............................................................52- 58 Page 5 of 58 Page 350 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT Section I —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until July 30, 2018, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, Florida 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. D. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the RFP response, shall be submitted in one sealed package clearly marked on the outside "RFP No. 027-2210-18/IT— FIRE-RESCUE RECORDS MANAGEMENT SYSTEM", and addressed to: City of Boynton Beach, Finance/Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W-9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section II of this Request for Proposal. Page 6 of 58 Page 351 of 1161 Section II — PURPOSE, BACKGROUND AND STATEMENT OF WORK 1. BACKGROUND/ PURPOSE/ STATEMENT OF WORK The City of Boynton Beach is the third largest municipality in Palm Beach County. A coastal community of 16.5 square miles is located in central Palm Beach County- midway between Fort Lauderdale and West Palm Beach and neighbored to the north by Lantana, Lake Worth and to the south by Delray Beach and Boca Raton. Boynton Beach Fire Rescue provides an all hazard response to the over 13,000 incidents in the last fiscal year, of which over 70% were requests for emergency medical services. The Fire Department provides these services from five (5) fire stations located throughout the 16.5 square mile city. The Department provides fire suppression, technical rescue, advance life support emergency medical transport, fire inspections and code enforcement activities using 28 mobile emergency and non-emergency mobile units. The goal of this project is to consolidate data collection and management into a cloud based solution that meets State and Federal reporting requirements and security standards. The solution will facilitate mobile data collection from fire incidents, EMS incidents, fire inspection and code enforcement activities, staffing, inventory control, EMS and fire inspection billing, and station activity logs. EMS reports must include the NEMSIS Version 3.0, or greater, and State of Florida EMSTARS 3.0, or higher data set, able to add data fields, and capture graphics, and signatures. The solution must have the ability to export NFIRS Data in a format that complies with Florida Fire Incident Responder System Program (FFIRS)The solution must be able to export the EMSTARS 3.0 or higher dataset in a format that allows the State of Florida to receive and integrate the data into their database. The preferred proposer will provide a path to allow the integration of legacy data into the proposed system. All the modules must be interconnected to create a seamless records management system. The successful Proposer shall be capable of providing a fully integrated operational turnkey system that is configurable, and includes installation, training, testing, user documentation, and cutover/operational support during reliability testing. Contractors must propose system warranty and maintenance to include system update services that include all third-party services and interfaces. Contractors shall meet the functional specifications requirements contained in Attachment A - FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY. Failure to meet the functional specifications requirements may be cause to reject the proposal as non-responsive. 2. TERM OF SERVICES The term of the Project will be established with the recommended vendor and the City. The term will be in the Agreement upon award by City Commission. Page 7 of 58 Page 352 of 1161 Section III - PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order to facilitate the analysis of responses to this RFP, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Consultants whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton Beach. II. Proposals shall be prepared as simply as possible and provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the eight (8) sections listed below shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand corner. c. Submit one (1) original proposal and four (4) copies + one (1) electronic copy on flash drive or CD/DVD. d. The proposal shall be organized as follows: Proposal Tab Section Title 1. Introduction letter/Statement of Interest 2. Statement of Organization 3. Minimum Qualifications 4. Proposed Approach and Process 5. Qualifications/Experience of Firm and Team 6. Similar Projects / References 7. Cost Proposal 8. Submittal Forms TAB 1 - INTRODUCTION LETTER / STATEMENT OF INTEREST — The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. TAB 2 — STATEMENT OF ORGANIZATION_:— The Respondent shall provide the following information: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Respondent's company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Respondent's Corporate headquarters. Address City, State, Zip Phone F. Contact information for Respondent's Local office (if any). Page 8 of 58 Page 353 of 1161 Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. I. Contact information for Respondent's Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip J. Contact information for Respondent's Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). TAB 3 — MINIMUM QUALIFICATIONS — Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): a. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. b. Respondent must have completed within in the past five (5) years, one or more systems integration with a Fire/EMS Department CAD system and an RMS solution in a fire rescue department. Respondent shall provide documentation and contact information for City's use in order to comply with this requirement. Page 9 of 58 Page 354 of 1161 TAB 4— PROPOSED APPROACH AND PROCESS— 1. Provide a concise description of the approach and process the vendor will employ to successfully complete the statement of work in described in Section II to be performed to include any specific staffing or equipment resources that will be employed by the vendor. Multiple alternate solution proposals may be submitted by the same proposer. For each different proposed solution, include the same degree of detail and description specified for a primary offering. 2. Include the Completed Functional Specifications Requirements Compliancy Form located in Attachment A. This form must be completed may be cause to reject the proposal as non- responsive. TAB 5— QUALIFICATIONS AND EXPERIENCE OF FIRM AND TEAM — 1. The Respondent shall describe its qualifications and demonstrated experience with a project of this scale and similar complexity. 2. Describe the qualifications and demonstrated experience of key persons who shall be assigned to the project. Attach brief resumes and additional information as needed. 3. Provide examples of project assignments, experience and qualifications relevant to the proposed project. Describe if experience is with this firm or other firms. TAB 6—SIMILAR PROJECTS/ REFERENCES — 1. Provide references for similarly successful projects from at least three (3) governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. The City is especially interested in successful projects involving Superion (formerly known as Spillman Technologies) CAD systems. 2. Provide examples of work by firm or individual which best illustrates current qualifications relevant to the City's project that has been/I being accomplished by personnel that shall be assigned to the City's project. List no more than ten (10) projects. The following details should be included for each example: 1. Project Name, Entity Name, Address and Location, Contact Person, Title, Telephone Number. 2. Name of Firm's Project Manager for the project. 3. Completion Date of Project (actual or estimated). 4. Estimated Project Cost. 5. Amount of Work for which your firm was/is responsible. 6. Scope of Entire Project. (List the tasks accomplished. (Attach samples of deliverables, outlines or descriptions of items.) 7. Firm's personnel (name/project assignment) that work on the stated project that shall be assigned to the City's project.) TAB 7 — COST PROPOSAL — The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. If a discount off retail pricing for items not specifically listed on the Cost Proposal Form is available, please provide that information. Also include any other pricing discounts or offers that will assist the City of Boynton Beach in obtaining the best possible pricing for the services provided. Page 10 of 58 Page 355 of 1161 TAB 8 — SUBMITTAL FORMS — Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORM IN THIS SECTION RATHER INCLUDE IT IN TAB 7— PRICE PROPOSAL. ■ Proposer's Acknowledgement ■ Acknowledgment of Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status ■ Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 11 of 58 Page 356 of 1161 Section IV— PROPOSAL EVALUATION METHOD AND CRITERIA: The City will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The Purchasing Manager shall determine whether each Respondent is responsive and responsible. For the purposes of this RFP, a responsive Respondent means a Firm that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, the Purchasing Manager will determine whether each Proposer correctly submitted all of the necessary forms and documents. Among other things, a proposal may be found to be non-responsive if the Respondent failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The evaluation and selection process will be conducted in two phases. In phase one, each committee member will independently score each proposal on vendor qualifications, system suitability, reporting and data analytics, implementation services and warranty utilizing the evaluation criteria listed below. Purchasing Services will calculate the scores for the cost proposal and for local business status and will provide the scores to the committee members. The Total Maximum Score for each proposal in this Phase is 80 points. The Committee will endeavor to create a short list of at least three (3) of the highest ranked Proposers. In the event that fewer than three (3) firms express interest in a project or fewer than three (3) are deemed qualified by the Evaluation Committee, then Procurement Services Division shall make a determination as to whether to proceed with the lesser number of firms. These Proposers will then advance to the second phase of the process — demonstrations. The Committee will evaluate the firm's demonstrations utilizing the evaluation criteria listed below. The Total Maximum Score for each proposal in this Phase is 20 points. The scores from each phase will then be added to arrive at a total score. The Selection Committee will evaluate each proposal utilizing the following criteria: Criterion Max Score Vendor Qualifications 15 System Suitability 20 Reporting and Data Analytics 10 Implementation Services and Warranty 10 Cost Proposal 20 Demonstration 20 Local Business Certification Form 5 Total 100 Page 12 of 58 Page 357 of 1161 Description of Criteria: Vendor Qualifications — The City is requesting proposals from organizations that are qualified as system vendors and are either the manufacturers and/or developers of the system offered or authorized agents of such manufacturer or developer. Vendors with the following qualifications are encouraged to participate in the RFP process and submit proposals: a. Demonstrated at least 3 years of experience in the design, installation, and maintenance of records management system. b. Sufficient qualified and experienced engineering, design, installation and service personnel to satisfy any engineering or service problem that may arise during the installation, warranty, and maintenance periods. c. References showing previous implementations of public safety systems in agencies of comparable complexity and/or size. d. Did the vendor demonstrate experience integrating their CAD system with Superion (Spillman) CAD System? System Suitability—The vendor will be evaluated on the suitability of its system with respect to the following factors: a. Does the records management system meet all the functional needs of the City? b. Does the vendor provide a system that will be easy to use and administer? c. How well does the vendor understand the training requirements and how does the vendor propose to fulfill them? d. Is the system design suitable for a mission critical environment? i. Does it meet the fault tolerance requirements? ii. Will it be easily expandable without replacement? iii. Will it be user maintainable? e. Is the system built to operate on industry standard hardware and software platforms that are easy to maintain Reporting and Data Analytics — The vendor will be responsible for complete and timely installation of all equipment. The vendor may utilize the services of equipment suppliers or service agencies to do the physical installation, but this does not relieve the vendor of any responsibility for the installation. The vendor's project manager will remain the contact for any installation issues or problems. Implementation Services and Warranty - The vendor will be responsible for complete and timely installation and configuration of all software and equipment proposed. a. The vendor may utilize the services of equipment suppliers or service agencies to do the physical installation, but this does not relieve the vendor of any responsibility for the installation. The vendor's project manager will remain the contact for any installation issues or problems. b. The City will be responsible for providing a suitable environment for vendor equipment and will provide necessary conduit, cable paths and communications lines. Page 13 of 58 Page 358 of 1161 Price Proposal — The firm providing the lowest price to the City will receive the maximum of 20 points, all others will receive points based on the following formula: Lowest Cost Submitted - Cost Submitted x Maximum Possible Cost Points = Cost Points to Award (see example below). Formula Example Example Example Lowest Cost Submitted $10 $10 $10 Cost Submitted $10 $20 $15 x Maximum Possible Cost Points 20 20 20 = Points To Award 20 10 23.4 Demonstration -The vendor must show compliancy with functional specifications as indicated in their respective response in Attachment A during the demonstration evaluation. Key Requirements: • The demonstrations shall be held at a City Facility to be determined . • All demonstrations shall be live and should not exceed 6 hours • The vendor must have a technology specialist available for the demonstration and to discuss integration to existing IT technologies. • The vendor is requested to have an implementation specialist available, in person or by phone conference for the demonstration to answer specific questions relation to configuration and implementation phase of the project • The team may be asked to demonstrate the product using a simulated event (structure fire, EMS incident, and/or fire safety inspection) during the evaluation using a predefined script. The demonstration will be evaluated based upon the knowledge exhibited by the Proposer and its team members and comprehensive explanations and/or augmentation of information. Consideration will also be given for presentation style. Clarification of information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals.All costs incurred by Proposer to participate in the interview, including travel, will be the sole responsibility of the Proposer. Upon completion of the demonstration, the Committee will independently score the proposals based upon the evaluation criteria listed above. The Committee will convene at a publicly noticed meeting to reveal their scores. The scores from phases 1 and 2 will be added to arrive at a total score. The proposals will then be re-ranked and the highest ranked qualified Proposer will be recommended to City Commission for approval. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). Page 14 of 58 Page 359 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the"STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. Page 15 of 58 Page 360 of 1161 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ■ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ■ Reject or cancel any or all RFP's; ■ Reissue Request For Proposal Invitation; ■ Extend the RFP opening time and date; ■ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any Page 16 of 58 Page 361 of 1161 information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. Page 17 of 58 Page 362 of 1161 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. Page 18 of 58 Page 363 of 1161 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. Page 19 of 58 Page 364 of 1161 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." Page 20 of 58 Page 365 of 1161 In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Ilyse Triestman, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: triestmanitc'i_ fl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 21 of 58 Page 366 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY The functional specifications requirements of the requested system are included in this section. Please use these tables or an exact copy in responding to the requirements and questions regarding functions, features, and reporting capabilities of the proposed system. Place an "X" in the column that best describes your compliancy to the specification based on the definitions provided below. Requirement: This is a brief description of the functional specification requirement and is not to be edited, moved or deleted. Compliant: Place an "X" in this column if the specification exists and can be demonstrated in the proposed solution. Non-Compliant: Place an "X" in this column if the specification does not exist or cannot be demonstrated in the proposed solution. Custom or Future Release: Place an "X" in this column if the specification does not currently exist or cannot be demonstrated in the proposed solution but can be developed as a custom feature or expected in a future release by the time of implementation. If it is a custom option, itemized pricing for the specification should be included in Tab 7 —Cost Proposal. REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 1. System is cloud based. X 2. All data elements must be exportable to commonly used formats (ASCII Delimited Text X File, Excel, Word, PDF, HTML, CVS, XML). 3. CAD Interface - allow data transfer from ProQA System or similar. X 4. The solution must provide a user configurable dashboard for data analysis. X 5. Provide a user configurable data retention policy. X 6. User configurable controls that prohibit X unauthorized edits to system and configuration. 7. The ability to audit system and user activity and X provide administration staff with audit reports. 8. Ability to set narratives to "Append Only" with a X user defined audit trail. 9. Ability to set user defined field requirements. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 367 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 10. Capability of attaching documents and photographs to any report. X 11. Signature capture capability online and offline. 12. User configurable data validation preferences. X 13. Servers, data, and back-up servers are located X within the U.S. 14. Data Centers meet HIPAA physical security standards. X 15. Data Centers have a data breach plan that is HIPAA compliant. X 16. Data centers provide redundant systems for power, UPS, A/C and connectivity. X 17. NFIRS 5.0 compliance. 18. Ability to retrieve and complete reports via mobile devices and desk devices. X 19. Ability to populate data from CAD including the following: location; property contact; number of units responding, operations group or shift X responding; response district; incident benchmark times. 20. The ability to auto-populate occupancy type in X NFIRS reporting from inspections data. 21. Ability to receive location and incident information directly from CAD in real-time. X 22. Ability for mobile modules to populate CAD with time stamp incident data in real-time and other X data as defined by the Department. 23. Ability to send and receive mobile messages from CAD operators or other mobile module X users within the network. 24. Ability to access a master database with X personnel information. 25. Ability to track open or unfinished fire, EMS, and X inspection reports. 26. Secure report transmission through fax, email and other electronic means. X 27. Data entry efficiencies with the use of drop downs, auto fill of fields based on entry of X another field, elimination of redundant data entry. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 368 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 28. Fields for notes, narratives and other X information. 29. Field data collection with the ability to download X and upload data for field inspections. 30. The ability to work offline, disconnected from a network. 31. Automatic save of data entry, system wide, in the event of disconnection. X 32. Automatic bypass of data fields which are not X required for the type of incident. 33. Lookup codes and tables which can be defined by the customer. X 34. Auto replication of data on multi exposure X incident reports. 35. Ability to develop user generated form to ease of data entry. X 36. Capability to set user-defined default value data fields. X 37. Capture and track responding units and groups. X 38. Specific property contact information (e.g. bldg. owner, tenant, etc.). X 39. Disposition of the event. 40. Fields for Hazardous Material tracking with visibility throughout system including mobile X units. 41. Ability to restrict end-user access to specific data fields. X 42. Ability to limit the types of transactions that a user can process. X 43. Ability to support a minimum of 128-bit data encryption for end to end data transfers. X 44. Ability to support set-up of security by groups or X classes (user profiles). 45. Ability to integrate security credentials to the existing Operating System OS security. X 46. Ability to support end-user password changes based on local policy. X 47. Ability to support alpha/numeric/special X character passwords. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 369 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A —General Requirements 48. Ability to track password history to deny used the ability to reuse old passwords. X 49. Ability to interface with Aladtec or similar X cloud based system. 50. Ability to integrate US National Grid map overlay. X 51. Ability to build ISO reports. 52. Spell check in all fields. 53. Full support for ArcGIS 10.2 or higher. X 54. Converting and integrating legacy data into the proposed system. X 55. SQL table definitions will be available for the development of user defined Crystal Reports. X 56 Ability to export NFIRS Data in a format that complies with Florida Fire Incident Responder X System Program FFIRS B — EMS— Electronic Patient Care Reporting 1. Compliancy with Board of Pharmacy (Positive ID). X 2. Compliant with Florida's Emergency Medical Services Tracking & Reporting System X (EMSTARS) 3.0 or higher data elements. 3. The ability export the EMSTARS 3.0 or higher dataset in a format that allows the State of X Florida to receive the data. 4. The ability to support at least 999 patients per X incident number. 5. Capability to create and track user defined fields. X 6. Fields for notes, narratives and other X information. 7. Secure patient data record by security/entry settings enabled by the system administrator. X 8. Ability to attach external data files, forms and photographs to ePCRs. 9. Lookup codes and tables that are defined by the user. X 10. Ability to calculate the Glasgow trauma score based upon entered data. X 11. Ability to track the procedures completed by each Paramedic. X THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 370 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE B — EMS— Electronic Patient Care Reporting 12. Ability to calculate unit times in service based on benchmark times from the CAD system. X 13. Automatic saves for vitals, procedures, and medications. X 14. Capability to attach staff to unit from the scheduling module and identify the job function X of personnel assigned to the unit. 15. Audit trail ability with a user defined ability to limit X report editing. 16. Full featured integrated Fire & EMS module for retrieval and partial or full completion of ePCR reports via completely independent platform. X Mobile or desktop. 17. The initiation of an ePCR report to be reported to a centralized daily log with the following data elements: X a. The date and time of the emergency b. The location of the emergency c. The number of patients transported 18. System must interface with Medtronic PhysioControl Lifepaks and Zoll X series X monitors to import patient data. 19. Ability to auto generate ePCR narratives 20. Ability to print ePCR reports from the server as well as product electronic copies of the same X 21. Ability to create a database of previous patients - populate data into new patient report X 22. Ability to collect data from a Florida driver's license of Identification from barcode or X ma stri 23. Ability to validate address with google maps/GIS X mapping 24. Mobile Patient Care Reporting. 25. Must be NEMSIS Version 3.0 or greater data collection compliant and Florida EMSTARS 3.0 X compliant 26. The ability export the EMSTARS 3.0 or higher dataset in a format that complies with the State X of Florida requirements. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 371 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE B — EMS— Electronic Patient Care Reporting 27. Full HIPPA compliance with notification and X audit tracking abilities. 28. Data encryption to comply with HIPAA security standards. X 29. Ability to provide (print, electronic transfer, electronic media) Patient Care Reports (PCR)at X the hospital. 30. System must provide for the importing/updating of billing information as received by EMS billing X staff. 31. System must export billing reports to the City's X EMS billing staff. 32. Ability to export data to an outside billing agency. X 33. Ability to collect insurance information by X manual entry or from scan/picture input. 34. Ability to calculate mileage for EMS transports. X 35. Signature capture capability online and offline. X 36. Integration of information to and from the EMS Reporting Module to auto-complete NFIRS X reports. REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE C — National Fire Incident Reporting System 1. NFIRS 5.0 compliance. 2. Ability to use NFIRS codes 3. Must be compliant with Florida's EMSTARS 3.0 standard X 4. Ability to set user defined field requirements 5. Ability to set user defined default values within individual data fields X 6. Ability to set data validation of all required data elements X 7. Auto replication of data on multi-exposure incident reports. X 8. Automatic update of pertinent information to X other RMS modules 9. Contextual data field selection 10. 1 Automatic calculation of staff hours per incident THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 372 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE C — National Fire Incident Reporting System 11. Calculation of unit response times from CAD data X 12. Ability to track mutual/automatic aid unit response data 13. User definable record locking and modification X capability. 14. Spell check of narratives in all text fields 15. Specific or generic call templates for ease of X data entry. 16. Please provide a list of preformatted NFIRS reports X 17. Centralized daily log containing the following elements at a minimum with the initiation of a X NFIR report: A. Date and time of the emergency B. Location of the emergency C. Property contact and property use code D. Number of units responding E. Number of personnel responding F. Operational Group or Shift responding G. Response data by district or station zones H. Incident benchmark times 18. Ability to add data files in multiple formats: JPEG, PDF, PNG, or TIFF X 19. Track false alarm incidents and update to fire prevention module X 20. Integration data from ePCR to auto-complete NFIRS reports X THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 373 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE D — Fire Prevention 1. The City utilizes SunGard/HTE/Naviline Enterprise Resource Planning for document management - solution should allow access to X that data stored in SunGard for Fire& Inspection and Community Standards. 2. Track facilities that store hazardous materials 3. The ability to view annual inspection data in other modules of the RMS X 4. Email inspection reports/invoice to business owner X 5. Provide a public portal for business owner to X access inspection records 6. Ability to schedule and track annual inspection assignments X 7. Ability to access and cross-reference the Florida Fire Code X 8. Create user-defined templates for inspection forms and documents X 9. Link to Certificate of Occupancy stored within SunGard X 10. Ability to create and use user-defined inspections checklist X 11. A unique identifying record number within the RMS X 12. Time Stamps (Date received, date of occurrence) X 13. Ability to assign inspectors within the system 14. Ability to generate a combined or individual community risk assessment OVAP (occupational vulnerability assessment profile) X score 15. Ability to map and overlay occupancies by inspector, next inspection date, station, zone, X and category. 16. Ability to print and email completed inspections 17. Ability to create invoices for inspection billing 18. Create user-defined fields X 19. Ability to search for prior or outstanding X violations 20. Ability to reference Florida Fire Prevention Codes within notice of violation X THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 374 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE D — Fire Prevention 21. Signa ure capture capability online and offline. 22. False alarm reporting and tracking in from NFIRS data X 23. Prefire plan integration with crosstalk between fire prevention and prefire plan module X 24. Designed for mobility - check list user interface 25. Maintain complex occupancies in separate files 26. Contain a fire investigation module 27. Database to manage buildings, occupancies, and fire protection systems X 28. The ability work off line without a network access 29. Ability to run reports - past due inspections, X billing, annuals, Oc types 30. Ability to integrate billing data into Superion X Naviline 31. Ability to export to Laserfiche 32. Integrate data from the Palm Beach County Property Appraiser x 33. Ability to reference City of Boynton Beach Fire Prevention Ordinances within notice of violation X 34. Converting and integrating legacy data into the proposed system X REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 1. The City utilizes Superion/Naviline Enterprise Resource Planning System. Solution should allow access to the data stored in the X Superion/Naviline Community Development module directly or via Fusion API. 2. Email citations to business owner X THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 375 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 3. Ability to access and cross-reference the City Code Enforcement Ordinances X 4. Create user-defined templates for inspection X forms and documents 5. Link to Certificate of Occupancy stored within SunGard X 6. Ability to create and use user-defined inspections checklist X 7. A unique identifying record number within the RMS X 8. Time Stamps (Date received, date of occurrence) X 9. Ability to assign inspectors within the system X 10. Ability to generate a combined or individual community risk assessment OVAP (occupational vulnerability assessment profile) X score 11. Ability to map and overlay occupancies by inspector, next inspection date, station, zone, X and category. 12. Ability to print and email completed citations and notice of violations X 13. Ability to create citations and notice of violations 14. Create user-defined fields 15. Ability to search for prior or outstanding violations X 16. Ability to reference Florida Fire Prevention Codes within notice of violation X 17. Signature capture capability online and offline. X 18. False alarm reporting and tracking in from NFIRS data X 19. Prefire plan integration with crosstalk between fire prevention and prefire plan module X 20. Designed for mobility - check list user interface 21. Maintain complex occupancies in separate files 22. Contain a fire investigation module 23. Database to manage buildings, occupancies, and fire protection systems X 24. The ability work off line without a network access X 25. Ability to run reports - past due inspections, billing, annuals, oc . types X 26. Ability to integrate billing data into Superion Naviline X THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 376 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 27. Ability to export to Laserfiche X 28. Integrate data from Palm Beach County Property Appraiser X 29. Ability to reference City of Boynton Beach Fire Prevention Ordinances within notice of X violation REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE F — PreFire Planning 1. NFPA 170 Complaint graphics package 2. Location information auto populated from CAD 3. Google Maps/GIS integration X 4. Navigation- routing with turn by turn directions X 5. Fire tactical summary X 6. Hydrant locations - maximum GPM flows 7. Calculation of NFPA Needed Fire Flow X 8. Add files, forms and photographs in multiple formats: JPEG, PDF, PNG, or TIFF X 9. 1 Color coded hydrant overlay X 10. 1 Ability to identify out of service hydrants X 11. 1 Ability to integrate hydrant testing data X REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE G — Station 1. Dashboard display of information regarding closed roads, out of service equipment, daily X announcements, hydrant condition, etc. 2. Station journal and daily log X 3. Gear maintenance records X 4. Equipment inventory 5. Tracking PPE inventory and repair THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 377 of 1161 ATTACHMENT A — FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE H — Data Analysis and Custom Reports 1. Data Analysis and Custom Reports X 2. All data elements must be exportable to commonly used formats (ASCII Delimited Text X File, CSV, Excel, Word, PDF, HTML, XML). 3. Ability to track the procedures completed by each Paramedic. X 4. Ability to calculate unit times in service based on benchmark times from the CAD system. X 5. Ability to create ad-hoc reports from user search results X 6. Ability to track open or unfinished fire, EMS, and inspection reports X 7. Ability to build ISO reports X 8. Develop user-define Reports such as the following: X a. Response by Station/inclusive by district b. Unit Turn out times c. Daily run data d. Response with arrivals e. Fire incident details f. Hospital by unit totals 9. Exporting proprietary data in standard formats including .csv X 10. Sequel tables definitions will be available for the development of user defined Crystal Reports X THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 378 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP Number: 027-2210-18/IT RFP Received By: JULY 30, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JULY 30, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Kathi Pletzke, Director, N. American Operations, EPR Systems USA Inc. Federal I.D. Number: 81-3675379 A Corporation of the State of: Florida Area Code: 941 Telephone Number: 961-5377 Area Code: FAX Number: Mailing Address: 5020 Clark Rd, #119 City/State/Zip: Sarasota, FL 34233 E-mail Address: kathi@eprsys.com Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 379 of 1161 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "FIRE RESCUE RECORDS MANAGEMENT SYSTEM" RFP NO.: 027-2210-18/IT DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 35 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 380 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM Proposers should use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. 1. Pricing — Software - Required Modules- Provide pricing information for all required applications/modules included in the proposed solution. Master Database $ N/A $ Imaging $ N/A $ GIS $ N/A $ Computer-Aided Dispatch $ CAD interface inCIL ded $ CAD Mapping $ Google maps $ Response Plans See next pag $ preplan 0 $ 100.00 Inspections $ 10,800.00 0 $ 100.00 Fire Inspection Tracking and Billing $ 1,499.00 0 $ 100.00 Records Management System $ $ Inventory Control $ 2,400.00 0 $ 100.00 Roster/Staffing w Personnel Database $ 1,249.00 0 $ 100.00 EMS Reporting NEMSIS & EMSTARS $ 14,965.00 0 $ 100.00 Fire Reporting NFIRS $ included 0 $ 100.00 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 36 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 381 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) 1. Pricing — Software - Required Modules- Provide pricing information for all required applications/modules included in the proposed solution. Mobile Queries $ no addn'I charge 0 $ 100.00 Automated Field Reporting $ no addn'I charge 0 $ 100.00 Driver License Scanning $ no addn'I charge when available $ 100.00 Voiceless Dispatch $ N/A $ Mobile and Desktop Access $ included - part oi system 0 $ 100.00 Dashboard Analytics $ 4,990.00 1 $ 390.00 Pre-fire Plans $ 2,277.00 0 $ 100.00 Total Price for Required Modules $ Check all the following that are included in the quoted Required Modules price: Complete integration of all modules CVOnsite end user training at implementation with no internal interfaces WTechnical support and customer service ❑ Site license for all desktop modules 90ngoing end user and administrative training ❑ First-year maintenance on software THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 37 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 382 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) Optional Modules Provide pricing information for all optional applications/modules included in the proposed solution, if any are necessary to meet the functionality specifications as defined. Premises Information Investigations $ 1,250.00 0 $ 100.00 Configurable Dashboards $ $ Total Price for Optional Modules $ 1,250.00 OREM= Check all the following that are included in the quoted Required Modules price: N�Complete integration of all modules with no internal interfaces ❑ Site license for all desktop modules ❑ First-year maintenance on software CVTechnical support and customer service [VOnsite end user training at implementation CVOngoing end user and administrative training 2. Pricing —Vendor Services Total price for implementation project management $ Check all the following that are included in the quoted implementation and project management price: ❑ Onsite project management services *System set-up and data conversion 3 days on-site training provided El project managers each additional training day $1,500.00 WCode table setup CVConnection with state database Total price for software and hardware installation $ 6,000.00 Check all the following that are included in the quoted software and hardware installation price: ❑ Multiple onsite installation visits Total price for travel and per diem $ 4,500.00 Total Price for Implementation Services $ 10 500.00 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 38 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 383 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) Em Total price for administrative training $ 4,500.00 Check all the following that are included in the quoted administrative training price: N�User manuals and other training materials CVDefined timeframe for Go-live WTraining database that utilizes agency-specific data VComplete administrator training ❑ Post Go-live refresher training 3 days on-site Total price for end user training F $ 4,500.00 Check all the following that are included in the quoted end user training price: WUser manuals and other training materials ❑ Post Go-live refresher training 56re-Implementation project team training ❑ Access to online training database Total price for Go-live assistance $ included Check all the following that are included in the quoted Go-live assistance price: ❑ Post Go-live onsite refresher training Each addn'I day Total travel and per diem estimate $ 1,500.00 Total Price for Training Services $ 4,500.00 3.1 Pricing — Warranty, Maintenance, and Support First-year support (12 months) included in subscription $ included Second-year support (required modules) cloud subscription $ 40,415.00 $ N/A Second-year support (optional modules) cloud subscriptiorl $ 41,425.00 $ N/A THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 39 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 384 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) EPR Systems USA, Inc. COMPANY NAME AUTHORIZED SIGNATURE ( 941 ) 961-5377 Kathi Pletzke TELEPHONE NO. PRINTED NAME kathi@eprsys.com Director, N. American Operations E-MAIL ADDRESS TITLE 7/11/18 DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 40 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 385 of 1161 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: EPR Systems USA Inc. 2. Business Address: 5020 Clark Rd, #119 Sarasota, FL 34233 3. When Organized: October 2016 4. Where Incorporated: State of Florida 5. How many years have you been engaged in business under the present firm name? 2 6. General character of work performed by your company. Public Safety Software: Records Management Reporting Solutions Analytics, Business Intelligence and Transparency 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 50 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 41 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 386 of 1161 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone # Complete RMS Tom Sousa, Fire Chief 941-761-1555 Complete RMS Mike Rampino, Fire Chief 352-585-1498 Complete RMS Brian Swartout, Fire Chief 813-780-0000 13. Contracts on hand. 14. Largest completed projects (include final cost). 1) Coral Springs Fire Prevention modules $18,000 2) East Manatee Fire - complete RMS $15,000 3) Cedar Hammock Fire - complete RMS $10,000 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * none 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: Sarasota, FL this 11 day of July 20 18 By: (written signature) Name: Kathi Pletzke (printed or typed) Title: Director, N. American Operations THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 42 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 387 of 1161 REFERENCES FOR EPR Systems USA, Inc. (NAME OF FIRM) Vlll ll ll ll llll V V V Vll , ll , ll , V, , V, V, V, Company Name: West Manatee Fire Rescue Address: 6417 3rd Street, Bradenton, FL 34209 Contact Name: Tom Sousa, Fire Chief Phone: Fax: E-Mail: 941-761-1555 tom.sousa@wmfr.org ""k 1\�, , Vll , Vll , Vll , Vll , ll Vll , Vllll ll ll Vll , V, , V, , ll - llllll Company Name: North River Fire Rescue Address: 1225 14th Avenue W, Palmetto, FL 34221 Contact Name: Mike Rampino, Fire Chief Phone: Fax: E-Mail: 941-721-6700 rampinom@nrfd.org ll VlllllV\ V\ . ll ll V\ V\ llV\ , V\ Company Name: Longboat Key Fire Rescue Address: 5490 Gulf of Mexico Dr., Longboat Key, FL 34228 Contact Name: Paul Dezzi, Fire Chief Phone: Fax: E-Mail: 941-650-9445 pdezzi@longboatkey.org ""k 1\�, , Vll , Vll , Vll , Vll , Vll , Vll , Vllll ll Vll , Vll , Vll , Vll , ll - llllll Company Name: Okeechobee County Fire Rescue Using SPILLMAN CAD Address: 707 NW 6th Street, Okeechobee, FL 34972 Contact Name: Ryan Hathaway, Captain Phone: Fax: E-Mail: 863-763-5544 rhathaway@co.okeechobee.fl.us THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 43 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/1T Page 388 of 1161 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of July 20 18 Printed Information: Kathi Pletzke NAME Director, N. American Operations TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 44 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 389 of 1161 NON COLLUSION AFFIDAVIT State of Florida ) County of Sarasota ) being first duly sworn, deposes and says that: Director of N. American Operations EPR Systems USA Inc. product"FireWorks" 1) He/She is of , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 027-2210-18/IT for FIRE-RESCUE RECORDS MANAGEMENT SYSTEM 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Director, N. American Operations Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 45 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 390 of 1161 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? V Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO V If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 46 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 391 of 1161 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 47 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 392 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. EPR Systems USA Inc. CONTRACTOR NAME By Kathi Pletzke Title: Director, N. American Operations Date: July 11, 2018 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 48 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 393 of 1161 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION Kathi Pletzke , the Director of N. American Operations of (Name of officer of company) (Title of officer of company) EPR Systems USA, INc. located at 5020 Clark Rd, #119, Sarasota, FL 34233 (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: EPR Systems USA Inc. 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? V I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 49 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 394 of 1161 @ / / - LU c o \ £ t § ■ 2 @U \ § 00 0 © 0 k (L 2 $ / f20 7 0 C Q d 5 CL—— 2 \ ƒ \ k � S � � 0 oee � o k % \ * ' = t2 � �� �\ a) yy� C) 7 £ (.0.\ 7 = 2 I2:, § � = 7 (3) k co _ ° 0 2 0E m » @ S ¥q @ _ co 0 c 6 §\ ¢ n n � E . 2 LU \ \ ems \ 2 : n Cl) m t2 / \� \ § Cl) co X 7 8 z 2 e = = � 0 0 « co -0 k »® U LU ¥ '= Ec BS / co ® ' E7Eg ■ 2 o LU e E ■ /§ � 2 e 2k / 0Q k g / / k \ % 2 ■ c = ° ° 0 3 04 \ / \ \ Co LU w / o = 0 & E « = o E � w p o Cl) t = E n o § E / � k @oe / 2 / $ \ � U / U2 \ \ � � / cam I.- CL = LU cl�- ■ oo LU \ � f 0 / § # z = e E « \ � mLu LU co, Q) °S 2 \ % 2 2 EES § \ � G oLUj LU co § 22 2 * : / ( / \ / 0 S LLI \ CL £ E/ CL o / ° S § § 2 5 CL_ $ o § ci -00 2 ® ° n & _ 7 2 q ƒ �9 / E/ 22 (D 2 § o / e n = ■ £ m t > EEo (D - £ o o k f ' ¥ Co § � $ m a /t § $ £ q u � 22 / / § S § m e ± : § \ \ b / / k E _ \ / \ ( k E - § eo \ f2 \ Z § \ % / k ° _ / � Z @ E § 7 $ _ Co = o . / ) 7 U 5k0 f 0 / 2 ( 0 .0) R = = o ■ 7 0 0 c STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No.: 027-2210-18/IT for "FIRE- RESCUE RECORDS MANAGEMENT SYSTEM" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 51 Page 396 of 1161 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to perform professional services in connection with the RFP FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM; RFP No.: 027-2210-18/IT. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission. 5. PAYMENT: The City will pay the Vendor, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. c. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is 52 Page 397 of 1161 executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. the .10P*6 of liability picevided by 66IGh P910GY fA-.r GI-ROM -;;Ad- OR -;; GI-ROM P4-;;d-P- N3601; OF AP (10,04) Of the liMit Of liability. VUBAd-A—F Shall RGtify the Gity OR WFitiRg 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor, any fee, 53 Page 398 of 1161 commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Vendor. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: EPR Systems USA, Inc. 5020 Clark Rd#119 Sarasota FL 34233 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Vendor and supersedes all prior negotiations, representations, or agreements written or oral. This 54 Page 399 of 1161 agreement may be amended only by written instrument signed by both City and Vendor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 55 Page 400 of 1161 DATED this day of 20 CITY OF BOYNTON BEACH EPR Systems USA Inc. Lori LaVerriere, City Manager Vendor Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 4D1 of 1161 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] Page X702 of 1161 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page X03 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT ATTACHMENT A- FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY The functional specifications requirements of the requested system are included in this section. Please use these tables or an exact copy in responding to the requirements and questions regarding functions, features, and reporting capabilities of the proposed system. Place an "X" in the column that best describes your compliancy to the specification based on the definitions provided below. Requirement: This is a brief description of the functional specification requirement and is not to be edited, moved or deleted. Compliant: Place an "X" in this column if the specification exists and can be demonstrated in the proposed solution. Non-Compliant: Place an "X" in this column if the specification does not exist or cannot be demonstrated in the proposed solution. Custom or Future Release: Place an "X" in this column if the specification does not currently exist or cannot be demonstrated in the proposed solution but can be developed as a custom feature or expected in a future release by the time of implementation. If it is a custom option, itemized pricing for the specification should be included in Tab 7 — Cost Proposal. REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE —General Requirements 1. System is cloud based. 2. All data elements must be exportable to commonly used formats (ASCII Delimited Text File, Excel, Word, PDF, HTML, CVS, XML). X 3. CAD Interface - allow data transfer from ProQA System or similar. X 4. The solution must provide a user configurable dashboard for data analysis. X 5. Provide a user configurable data retention policy. X 6. User configurable controls that prohibit unauthorized edits to system and configuration. 7. The ability to audit system and user activity and provide administration staff with audit reports. X 8. Ability to set narratives to "Append Only" with a X user defined audit trail. 9. Ability to set user defined field requirements. THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. EPR Systems USA, Inc. RFP No. 027-2210-18/IT onve Page � ' 61 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE A— General Requirements 10. Capability of attaching documents and photographs to any report. X 11. Signature capture capability online and offline. 12. User configurable data validation preferences. X 13. Servers, data, and back-up servers are located within the U.S. X 14. Data Centers meet HIPAA physical security standards. X 15. Data Centers have a data breach plan that is HIPAA compliant. X 16. Data centers provide redundant systems for power, UPS, A/C and connectivity. X 17. NFIRS 5.0 compliance. 18. Ability to retrieve and complete reports via mobile devices and desk devices. X 19. Ability to populate data from CAD including the following: location; property contact; number of units responding, operations group or shift X responding; response district; incident benchmark times. 20. The ability to auto-populate occupancy type in NFIRS reporting from inspections data. X 21. Ability to receive location and incident infor ation directly from CAD in real-time. X 22. Ability for mobile modules to populate CAD with time stamp incident data in real-time and other X data as defined by the Department. 23. Ability to send and receive mobile messages from CAD operators or other mobile module X users within the network. 24. Ability to access a master database with X personnel information. 25. Ability to track open or unfinished fire, EMS, and inspection reports. X 26. Secure report transmission through fax, email and other electronic means. X 27. Data entry efficiencies with the use of drop downs, auto fill of fields based on entry of X another field, elimination of redundant data entry. EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 405 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE —General Requirements 8. Fields for notes, narratives and other information. X 29. Field data collection with the ability to download and upload data for field inspections. X 30. The ability to work offline, disconnected from a network. 31. Automatic save of data entry, system wide, in he e ent of disconnection. X 32. Automatic bypass of data fields which are not X required for the type of incident. 33. Lookup codes and tables which can be defined by the customer. X 4. Auto replication of data on multi exposure incid nt reports. X 5. Ability to develop user generated form to ease f data entry. X 6. Capability to set user-defined default value data fields. X 7. Capture and track responding units and groups. X 8. Specific property contact information (e.g. bldg. caner, tenant, etc.). X 39. Disposition of the event. 40. Fields for Hazardous Material tracking with visibility throughout system including mobile X units. 41. Ability to restrict end-user access to specific data ields. X 2. Ability to limit the types of transactions that a user can process. X 3. Ability to support a minimum of 128-bit data encryption for end to end data transfers. X 44. Ability to support set-up of security by groups or classes (user profiles). X 45. Ability to integrate security credentials to the existing Operating System (OS) security. X 6. Ability to support end-user password changes based on local policy. X 47. Ability to support alpha/numeric/special character passwords. X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 406 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE —General Requirements 8. Ability to track password history to deny used he ability to reuse old passwords. X 49. Ability to interface with Aladtec or similar cloud based system. X 50. bility to integrate US National Grid map overlay. X 51. Ability to build ISO reports. 52. Spell check in all fields. 53. Full support for ArcGIS 10.2 or higher. X 54. C onverting and integrating legacy data into the proposed system. X 55. SQL table definitions will be available for the development of user defined Crystal Reports. 56 X Ability to export NFIRS Data in a format that complies with Florida Fire Incident Responder X System Program (FFIRS) B — EMS — Electronic Patient Care Reporting 1. Compliancy with Board of Pharmacy (Positive ID). X 2. Compliant with Florida's Emergency Medical Services Tracking & Reporting System X (EMSTARS) 3.0 or higher data elements. 3. The ability export the EMSTARS 3.0 or higher dataset in a format that allows the State of X Florida to receive the data. 4. The ability to support at least 999 patients per incident number. X 5. Capability to create and track user defined fields. X 6. Fields for notes, narratives and other information. X 7. Secure patient data record by security/entry settings enabled by the system administrator. X 8. Ability to attach external data files, forms and photographs to ePCRs. 9. Lookup codes and tables that are defined by the user. X 10. bility to calculate the Glasgow trauma score I.a.- ch sed upon entered data. X 11. bility to track the procedures completed by Paramedic. I X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 407 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE B — EMS — Electronic Patient Care Reporting 12. Ability to calculate unit times in service based on benchmark times from the CAD system. X 13. Automatic saves for vitals, procedures, and medications. X 14. Capability to attach staff to unit from the cheduling module and identify the job function X f personnel assigned to the unit. 15. Audit trail ability with a user defined ability to X limit report editing. 16. Full featured integrated Fire & EMS module for retrieval and partial or full completion of ePCR reports via completely independent platform. Mobile X r desktop. 17. The initiation of an ePCR report to be reported to a centralized daily log with the following data elements: X a. The date and time of the emergency b. The location of the emergency c. The number of patients transported 18. System must interface with Medtronic PhysioControl Lifepaks and Zoll X X series monitors to import patient data. 19. Ability to auto generate ePCR narratives 20. Ability to print ePCR reports from the server as well s product electronic copies of the same 21. X Abilitv to create a database of previous patients pop late data into new patient report X 22. Ability to collect data from a Florida driver's license of Identification from barcode or X magstrip 23. Ability to validate address with google maps/GIS X mapping 24. Mobile Patient Care Reporting. X 25. Must be NEMSIS Version 3.0 or greater data collection compliant and Florida EMSTARS 3.0 X compliant 26. The ability export the EMSTARS 3.0 or higher dataset in a format that complies with the State X of Florida requirements. EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 408 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE B — EMS — Electronic Patient Care Reporting 27. Full HIPPA compliance with notification and audit tracking abilities. X 28. Data encryption to comply with HIPAA security standards. X 9. Ability to provide (print, electronic transfer, elect onic media) Patient Care Reports (PCR) at the X hospi aI. 30. System must provide for the importing/updating of billing information as received by EMS billing X staff. 31. System must export billing reports to the City's X EMS billing staff. 32. Ability to export data to an outside billing gency. X 33. bility to collect insurance information by X manual entry or from scan/picture input. 34.Ability to calculate mileage for EMS transports. X 35.Signature capture capability online and offline. X 36.Integration of information to and from the EMS Reporting Module to auto-complete NFIRS X reports. REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE — National Fire Incident Reporting System 1. NFIRS 5.0 compliance. 2. Ability to use NFIRS codes 3. Must be compliant with Florida's EMSTARS 3.0 standard X 4. Ability to set user defined field requirements 5. Ability to set user defined default values within indivi ual data fields X 3. Ability to set data validation of all required data lem nts X 7. Auto replication of data on multi-exposure incid nt reports. X 8. Automatic update of pertinent information to other RMS modules X 9. Contextual data field selection 10. Automatic calculation of staff hours per incident EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 409 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE — National Fire Incident Reporting System 11. Calculation of unit response times from CAD data X 12. Ability to track mutual/automatic aid unit response data X 13. User definable record locking and modification capability. X 14. Spell check of narratives in all text fields 15. Specific or generic call templates for ease of X data entry. 16. Please provide a list of preformatted NFIRS repos X 17. Centralized daily log containing the following elements at a minimum with the initiation of a X NFIR report: A. Date and time of the emergency B. Location of the emergency C. Property contact and property use code D. Number of units responding E. Number of personnel responding F. Operational Group or Shift responding G. Response data by district or station zones H. Incident benchmark times 18. Ability to add data files in multiple formats: PE , PDF, PNG, or TIFF X 19. Track false alarm incidents and update to fire prevention module X 0. Integration data from ePCR to auto-complete NFIRS reports X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 410 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE D — Fire Prevention 1. The City utilizes SunGard/HTE/Naviline Enterprise Resource Planning for document management - solution should allow access to that X data stored in SunGard for Fire & Inspection and Comrinunity Standards. 2. Track facilities that store hazardous materials 3. The ability to view annual inspection data in other modules of the RMS X 4. Email inspection reports/invoice to business caner X 5. Provide a public portal for business owner to access inspection records X 6. Ability to schedule and track annual inspection assignments X 7. Ability to access and cross-reference the Florida Fire Code X 8. Create user-defined templates for inspection forms and documents X 9. Link to Certificate of Occupancy stored within SunGard X 10. Ability to create and use user-defined inspections checklist X 11. A unique identifying record number within the RMS X 12. Time Stamps (Date received, date of occurrence) X 13. Ability to assign inspectors within the system 14. Ability to generate a combined or individual community risk assessment OVAP (occpational vulnerability assessment profile) score X 15. Ability to map and overlay occupancies by inspector, next inspection date, station, zone, and category. X 16. Ability to print and email completed inspections 17. Ability to create invoices for inspection billing 18. Create user-defined fields 19. Ability to search for prior or outstanding X violations X 20. Ability to reference Florida Fire Prevention Codes within notice of viol X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 411 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE D — Fire Prevention 21. Signature capture capability online and offline. 22. False alarm reporting and tracking in from NFIRS data X 3. Prefire plan integration with crosstalk between ire prevention and prefire plan module X 24. Designed for mobility - check list user interface 25. Maintain complex occupancies in separate files 26. Contain a fire investigation module 27. Database to manage buildings, occupancies, and fire protection systems X 28. The ability work off line without a network access 29. Ability to run reports - past due inspections, billing, annuals, Ocp types X 30. Ability to integrate billing data into Superion X Naviline 31. Ability to export to Laserfiche 32. Integrate data from the Palm Beach County Property Appraiser X 33.8,bility to reference City of Boynton Beach Fire Prevention Ordinances within notice of violation X 34. onverting and integrating legacy data into the proposed system X REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 1. The City utilizes Superion/Naviline Enterprise Resource Planning System. Solution should allow access to the data stored in the X upe ion/Naviline Community Development module irec ly or via Fusion API. Email citations to business owner X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 412 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 3. Ability to access and cross-reference the City Code Enforcement Ordinances X 4. Create user-defined templates for inspection X forms and documents 5. Link to Certificate of Occupancy stored within un and X 3. Ability to create and use user-defined inspections checklist X 7. A unique identifying record number within the RMS X 8. Time Stamps (Date received, date of ccu rence) X 9. Ability to assign inspectors within the system X 10. Ability to generate a combined or individual community risk assessment OVAP (occupational vulnerability assessment profile) X score 11. Ability to map and overlay occupancies by inspector, next inspection date, station, zone, X and category. 12. Ability to print and email completed citations and notice of violations X 13. Ability to create citations and notice of violations 14. Create user-defined fields 15. Ability to search for prior or outstanding violations X 16. Ability to reference Florida Fire Prevention Codes within notice of violation X 17. Signature capture capability online and offline. X 18. False alarm reporting and tracking in from NFIRS data X 19. Prefire plan integration with crosstalk between ire prevention and prefire plan module X 20. Designed for mobility - check list user interface 21. Maintain complex occupancies in separate files 22. Contain a fire investigation module 23. Database to manage buildings, occupancies, and fire protection systems X 24.The ability work off line without a network access 25. bility to run reports - past due inspections, billing, annuals, ocp. types X 26. bility to integrate billing data into Superion Naviline X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 413 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE E— Community Standards 7. Ability to export to Laserfiche X 8. Integrate data from Palm Beach County X Property Appraiser 9. Ability to reference City of Boynton Beach Fire X Preven on Ordinances within notice of violation REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE F — PreFire Planning 1. NFPA 170 Complaint graphics package 2. Location information auto populated from CAD 3. Google Maps/GIS integration X 4. Navigation- routing with turn by turn directions X 5. Fire tactical summary X 6. Hydrant locations - maximum GPM flows X 7. Calculation of NFPA Needed Fire Flow X 8. Add files, forms and photographs in multiple formts: JPEG, PDF, PNG, or TIFF X 9. Color coded hydrant overlay X 10. Ability to identify out of service hydrants X 11. Ability to integrate hydrant testing data X REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE G —Station 1. Dashboard display of information regarding closed roads, out of service equipment, daily X announcements, hydrant condition, etc. 2. Station journal and daily log X 3. Gear maintenance records 4. Equipment inventory 5. rracking PPE inventory and repair EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 414 of 1161 ATTACHMENT A— FUNCTIONAL SPECIFICATIONS REQUIREMENTS COMPLIANCY REQUIREMENT COMPLIANT NOW CUSTOM COMPLIANT OR FUTURE RELEASE H — Data Analysis and Custom Reports 1. Data Analysis and Custom Reports X 2. All data elements must be exportable to commonly used formats (ASCII Delimited Text X File, CSV, Excel, Word, PDF, HTML, XML). 3. Ability to track the procedures completed by each Paramedic. X 4. Ability to calculate unit times in service based on benc mark times from the CAD system. X 5. Ability to create ad-hoc reports from user search results X 6. Ability to track open or unfinished fire, EMS and inspection reports X 7. Ability to build ISO reports X 8. Develop user-define Reports such as the folio ing: X a. Response by Station/inclusive by district b. Unit Turn out times c. Daily run data d. Response with arrivals e. Fire incident details f. Hospital by unit totals 9. Exporting proprietary data in standard form is including .csv X 10. Sequel tables definitions will be available for thdevelopment of user defined Crystal Repos X EPR Systems USA, Inc. RFP No. 027-2210-18/ITFIREWORKS Page 415 of 1161 EPsmsiFIREWORKSwe do IT all RFP #027-2210-18/IT Records Management System for Boynton Beach Fire Department is tr 4+ ' R�wt4 av r v s .d§S32psi E �IA.'I lvP i rn R cxP-1 f ) �E1e,�un.�gn n4�np Mw eMesY ikab�*• rnnrtve.r re Urvxfi ,.e.0 inc-.id-4, I�anmm lobe Flarh uerxmeb erfkx� xw va�.k�rc.�.i��ai Pg. 1 EPsmsiFIREWORKSwe do IT all July 19, 2018 Ilyse Triestman, Purchasing Manager City of Boynton Beach 100 E. Boynton Beach Blvd Boynton Beach, Florida 33425 Dear Ms. Triestman, EPR Systems USA is pleased to submit this proposal for a Fire Records Rescue Management System (RMS) for the Boynton Beach Fire Department. EPR Systems USA provides a solution meeting the Boynton Beach Fire Rescue Department's goal as outlined in the RFP specifically by providing: ✓ Consolidated data collection and management in one system ✓ Cloud based solution ✓ NEMSIS 3.4, EMSTARS 3.4 compliant with export capability ✓ NFIRS 5.0 compliant ✓ Single vendor reporting solution ✓ Mobile data collection from fire incidents, EMS incidents, fire inspection and code enforcement activities, inventory and apparatus checks ✓ Fire inspection billing ✓ Station activity logs ✓ Ability to add data on the fly, capture graphics, and signatures. ✓ Export NFIRS data in a format that complies with FFIRS ✓ Legacy data conversion services ✓ All the modules integrated into one seamless database ✓ Turnkey services: customization, integration, installation, training, testing, documentation, support before during and after cutover. Company background: EPR Group, an international software company, was founded in 2000 and is headquartered in Israel. EPR specializes in the development and integration of systems designed for local government. EPR Group provides innovative technology with emphasis on strong customer service. This corporate philosophy has made EPR Group the leader in its field. Over the past 18 years, EPR has grown with systems running in over 80 municipalities — ranging from Public Safety pg. 2 EPsmsiFIREWORKSwe do IT all Fire RMS, CRM, Finance, Utility Billing, and Recreational Management Systems. EPR Group's specialty is analyzing the specific needs of each customer, while modeling the RMS to their requirements. EPR has an outstanding staff of approximately 50 employees who put an emphasis on personal, as well as high quality of service. Our customer service is unparalleled and is our#1 priority. EPR Group expanded to the United States in 2016 to specifically focus on public safety solutions, analytics and transparency for Fire and Emergency Management departments. System Functionality FireWorks is a web-based RMS solution that works on any smart phone, tablet, or Pad (iOS or Android device). The FireWorks solution incorporates the latest state-of-the-art technology and best of breed features available on the market. Unique features to the FireWorks system include the ability to view a map to see a view of the location of the incident or inspection right from your mobile device. This enables your first responders to see the location before they even arrive to the emergency. FireWorks provides unique analytical tools to display data in interactive charts and graphs. The NFIRS Analytics and BI tool produces many of the reports required by the ISO (Insurance Services Organization) for an audit —with the simple click of a mouse. This unique tool provides a dynamic dashboard that enables you to click from a visual chart and drill down to the actual incident including pictures that were taken on the scene. Recently added to the reporting analytics module is the ability to produce many of the reports needed for CFAI Accreditation. Heat maps for incidents and response times are available as well. Spotlight features in the FireWorks software suite: • SAAS — Hosted in the Amazon Web Services Cloud — security, back-up and disaster recovery provided by Amazon • Intuitive, user-friendly browser-based (cloud) interface designed to make complex reporting requirements accessible in the field. • Built-in ISO reports. • Built-in reports for CFAI Accreditation • Mobile version accessible from any tablet, Pad, smart phone (iOS or Android) using all major supported browsers. • All-in-one management tool for documentation and supervision for all the station's needs. • Interface to your CAD system, if available and with other supplemental solutions. • Text alerts pushed to cell phones with CAD address and FireWorks preplan. pg. 3 EPsmsiFIREWORKSwe do IT all • Interface to CrewSense cloud-based service for Fire personnel scheduling. • Inspection module based on NFPA guidelines for electronic inspection reports • Reports can be sent from the desktop, or from the field to the business owner. • Complete hydrant testing module, including flow-tests, calculations, interactive mapview, and embedded geo location tools. • Mobile inventory module for scheduled checks of vehicles, gear, and other locations. • Color-coded hydrant overlay on map allows fire personnel to add hydrants or easily mark hydrants out of service. • Geo location tools embedded in system • Graphic report generator for user defined reports. • Mobile Pre-plan system with interactive mapping and navigation. • Property module • Upload and attach photos and other file types to incident, inspection, investigations records (PDF, JPEG, etc.). • US National Grid map overlay. • Billing for inspections and alarms • False Fire Alarm reporting • Community Risk rating of commercial structures with map display • Dynamic mobile Business Intelligence reporting - featuring interactive visual graphs and charts allows specialized visualizations of data, ability to change views including drill down from the chart to the actual incident data and photos. Price Cost/considerations FireWorks is a cloud based solution. As such, you pay an annual subscription that includes the use of all noted modules as well as support, the latest enhancements, customization and reports included in the annual fee. We appreciate the opportunity to respond to this RFP for Boynton Beach Fire. We are confident that if we are your selected vendor, you will enjoy working with our team in customizing best practices within the software, as well as become a flagship client and key reference for our FireWorks solutions. Respectfully submitted, xathi Aetzke Kathi Pletzke Director, N. American Operations EPR Systems USA Inc. pg.4 SY5te5 EPR IFIREWORKS wo do IT all Statement of Organization — Tab 2 Legal contracting name: EPR Systems USA, Inc. State of organization or incorporation: Florida Ownership structure of Respondent's company: Corporation Federal Identification Number: 81-3675379 Contact information for Respondent's Corporate headquarters: Avi Wach, COO EPR Group Office #1 Commercial Center Eli 4482800 avi .eprsys.com 941-421-6145 List of officers, owners and/or partners, or managers of the firm: Gilad Preger, President& CEO gilad(a_eprsys.com 941-421-6139 Giora Redler, CTO giorap_eprsys.com Contact information for Respondent's Primary representative during this RFP process. Kathi Pletzke Director, N. American Operations 5020 Clark Rd Sarasota, FL 34233 kathi&eprsys.com 941-961-5377 Contact information for Respondent's Secondary representative during this RFP process. Benny Shalev Vice-President Project Management bennyp_eprsys.com 941-421-6350 Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body: None Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership): None Page 420 of 1161 EPR FIREWORKS S Y S t 0 M S we do IT l MINIMUM QUALIFICATIONS - Tab 3 EPR Systems USA Inc. is a registered corporation in the State of Florida. Respondent must have completed within in the past five (5) years, one or more systems integration with a Fire/EMS Department CAD system and an RMS solution in a fire rescue department. Respondent shall provide documentation and contact information for City's use in order to comply with this requirement. Similar experience with Fire/EMS clients in Florida: EPR has installed the FireWorks complete suite of modules in the following stations within the past 18 months, while providing CAD integration, data conversion, implementation, training, and support. Reference letters are also provided. West Manatee Fire Rescue North River Fire Rescue Chief Tom Sousa Chief Mike Rampino 6417 3rd Street W. 1225 14th Avenue West Bradenton, FL 34209 Palmetto, FL 34221 941-761-1555 941-721-6700 (Integraph CAD) (Integraph CAD) Okeechobee Fire Rescue Zephyrhills Fire Rescue Ryan Hathaway Chief Brian Swartout Fire Inspector/Training Officer 384106 th Avenue 707 NW 6th Street Zephyrhills, FL 33542 Okeechobee, FL 34972 813-780-0041 863-763-5544 (TriTech CAD) (Spillman CAD) Page 421 of 1161 EPR FIREWORKS sys re M S we do IT Mor PROPOSED APPROACH AND PROCESS - TAB 4 Project Schedule EPR Systems USA Inc. can meet Boynton Beach Fire's expectation is that an operational solution, including desktop and mobile platform to perform records management for all included modules can be deployed on or before the end of 2018. . Preliminary Project Schedule Configure, Migrate, and Deploy September 2018— December 2018 Project Plan A MS Project schedule can be provided at Boynton Beach's request for proposed implementation dates and guidelines. • Data conversion — EPR Systems USA Inc. personnel are experts at data conversion and experienced integrators. Boynton Beach Fire must provide data to be converted from other sources to EPR in As or CSV file for upload into FireWorks. Boynton Beach Fire personnel will validate upload of data. • Boynton Beach Fire can test system functionality during the set up phase, and at the discretion of Boynton Beach Fire Administrator, FireWorks can initialize database prior to `go-live' to start fresh and wipe data that was entered during the test phase. This should satisfy all to-be conversation points. • FireWorks has been built from the ground up with the input of Fire personnel from multiple departments providing assistance with the design, reports and implementation of best practice workflows. • EPR Systems USA's Support is available for production deployment, including planning, dry-run, and production migration is available throughout the process and after go-live. • Ongoing support is provided via phone or email after implementation for any integrations, customizations, and how-to questions. • Training and documentation for the following areas is provided: o Overview training of the entire application. o Technical training, which includes configuration, maintenance, etc., focused at super users, managers, system administrators and IT Staff. o Train-the-Trainer sessions o Documentation for end user training is provided and available within the system. Page 422 of 1161 EPR 4FIREWORKS 5 Y S t o m s we do IT all QUALIFICATIONS AND EXPERIENCE OF FIRM AND TEAM —Tab 5 1. The Respondent shall describe its qualifications and demonstrated experience with a project of this scale and similar complexity. Similar experience with Fire/EMS clients in Florida: EPR has installed the FireWorks complete suite of modules in the following stations within the past 18 months, while providing CAD integration, data conversion, implementation, training, and support. Reference letters are also provided. West Manatee Fire Rescue North River Fire Rescue Chief Tom Sousa Chief Mike Rampino 6417 3rd Street W. 1225 14th Avenue West Bradenton, FL 34209 Palmetto, FL 34221 941-761-1555 941-721-6700 (Integraph CAD) (Integraph CAD) Okeechobee Fire Rescue Zephyrhills Fire Rescue Ryan Hathaway Chief Brian Swartout Fire Inspector/Training Officer 38410 6th Avenue 707 NW 6th Street Zephyrhills, FL 33542 Okeechobee, FL 34972 813-780-0041 863-763-5544 (TriTech CAD) (Spillman CAD) 2. Describe the qualifications and demonstrated experience of key persons who shall be assigned to the project. Attach brief resumes and additional information as needed. (Resumes of key EPR personnel assigned to this project provided as attachment) Page 423 of 1161 IRMO WORK EXPERIENCE aronschreib@gmail.com 2 Support and Development,- Eire oris Program +972-52-552-1098 EPR Systems USA 03/3017-Present USA,Israel 9 FireWorks is comprehensive Fire&EMS information management system optimized to fit Fire department's needs Eli,Israel Achievement.s/Tasks 'TECHNICAL a Implementation of software by customers,technical support SKILLS a User experience design ra Quality Assurance-Finding and defining database and software bugs Support'Technician - Municipal Finance System EPR Systems 03/3016-03/3017 Eli,Israel Technical support of municipality financial information system.Support for 60 regional municipalities in Israel Achievement.s/Tasks a Database queries to implement information a Generating financial reports a Technical support to users country wide Contact.Amos Maklop-Project Manager—+972-52-433-7332 ,ILANGUAGES iPhone/iPod Software Servicing English Self Employed 19 ,910 ,90 0112006-1212009 Israel Achievement.s/Tasks Hebrew a Jailbreaking and Unlocking of iPhone and iPods 40 installation of Linux on older iPod models Fixing bricked phones&general software support INTERESTS CERTIFICATES Technology SAP-MM Module(inventory) (2017) Certificate to implement MM module.Course and certificate given by SAP Israel Computers PERSONAL PROJECTS Simulation and Predictive Too[for Customer Service Planning(2016—2017) 13 Created tool,that forecasts service load for coming months based on CRM database.Forecast is then inserted into simulation tool,that simulates workload on agents.Used statistical tools to calculate service performance. EDUCATION B.Sc in Industrial Engineering Ariel University 0912013-0912017 Ariel,Israel Courses • Database Management/Development a Simulation • Data Analysis-Forecasting/Statistics a Production Management ACHIEVEMENTS First Sergeant in Israeli Defense Force(2010—2014) Graduate of Chai Roi Leadership Program (2013—2016) Page 424 of 1161 Includes,seminars on topics facing Israel's leaders and courses and lectures teaching leadership skills. WORK EXPERIENCE avi@eprsys.com Proect Manager (941)421 6145 EPR Systems 2010-2017 USA,Israel SKILLS I Achievements/asks a Managing implementation team that implemented 22 municipalities over a 6 year period CEO David's Music Orginization 2002-2008 Israel EnEM Achievements/asks • Managing a team of 40 employees • Managing budget and cash flow LANGUAGES a Working with government and foreign factors,public relations and fundraising in Israel and abroad English 40 40 Programmer Applatix Hebrew 2000-2001 Israel Startup specializing in cyber security Achievements/asks • Characterization of software components+development • Writing of command and control system. • Work with the client including characterization and implementation Program rner VCIX 1999-2000 Israel Achievements/asks a Development of a virtual social space online Integration Engineer IBM Israel 1998-1999 Israel Achievements/asks a Integration of a specialized system for the largest bus company in Israel,Egged EDUCATION Master of Business Administration Ariel University 2008-2010 Ariel,Israel B.Sc. Software Engineering Jerusalem College of Technology 1994-1998 Page 425 of 1161 WORK EXPERIENCE benny@eprsys.com I Project Manager (941)421-6350 EPR Systems 2009-2017 USAJsrael SKILLS EPR Systems is a software company that specializes in systems for municpal an emergancy agiencies Achievement.s/Tasks a Characterization of projects,including Internet banking,and information security-according to customer requirements Defining the project with the development department and with sub-contractors a Implementation and accompaniment of the work,including writing specifications and practical guidance,at the end of the project LANGUAGES Manager of Customer Service English EPR Systems 2006-2009 Achievement.s/Tasks Hebrew a Motivating a team of representatives a Planning and writing job specifications,including work processes and training manuals for customers a Accompanying new employees,from preparation of training procedures to improving human relations a QA of software development,according to the hardware and software configuration required for each customer. Post-Sale Integrator EPR Systems Achievement.s/Tasks • Implementation of collection systems in municipal authorities,including face to face training • Analysis of existing systems and their implementation into the new work environment,ACCESS or SQL • Consulting,accompanying and training the accounting and accounting teams,improving work processes DevelopmentTeam ECI TELECOM 1999-2003 Achievement.s/Tasks Transfer of projects from development to production,including familiarity with procedures and production processes; Preparation and transfer of training to the operational team,as part of the assimilation of development development cards Providing support to the integration department and customer support department EDUCATION Buissness Maria gment and Finance Ariel University 2002-2003 Ariel,Israel Electrical Engineering Ort College of Netanya 1996-1998 Page(42-600fl1 161 illwu M0 WORK EXPERIENCE giora@eprsys.co.il 2 Founder and CTO +972-524335020 EPR Systems 1999-Present Israel,USA SKILLS I Management and development of information systems for municipal and emergency agencies for over 60 .._.._.._.._.._.._.._.._.._.._..__ municipalities in Israel and the USA. Achievements/asks a Financial and Logistic Software is Bank Lien Software is Fire&EMS Solution \ _ a Judicial Software a Accounting Software is Welfare Software CODING is CRM LANGUAGES a Development of interfaces to over 30 different software vendors including: Bank Leumi,Bank of Israel,Ministry of Interior,Social Security and more SQL 49 494000 Developer and Manager of Informations System Tenuva Export VBA 1982-2010 Israel 40 40000 One of the largest exporters of produce and dairy in Israel Achievements/asks Java a The system controlled the whole production line,from production up to transport overseas. The system generated reports needed for exportation of the produce. The system was used by 40 50 plants throughout Israel. C++ 40 Developer and System Maintenance Port2Port HTML5 1987-1992 Israel Largest company in Israel for transport of goods overseas Achievement.s/Tasks a Development of system for customs broking EDUCATION in Computers University of Tel Aviv Courses ra Programming ra Database Management Page 427 of 1161 s .: S 4. 1, r._ r _ � 1 5 ,1 t �1 I t Summary An award-winning visionary leader; passionate, enthusiastic and accomplished IT professional. My specialty is in software development and delivering technology innovations that make organizations run more efficiently. Experience October 2016— Present EPR USA-Fireworks Software Sarasota FL job Title Director of North American Operations—Position created with the expansion of EPR into the United States. EPR holds 30%of the municipal software market in Israel; expanding to Florida in 2016. My duties include administration, business development, contracts, customer support, marketing, software design concepts, presentations, participation at trade shows, etc. Company is specializing in business intelligence and public safety(fire) solutions in the US market. February 16, 2015 —April 2016 Advanced Processing& Imaging Boca Raton, FL 33431 job Title Transparency Technology Director—new position created at API to design, develop, market and maintain a cloud-based fiscal transparency portal for Cities/Counties and school systems to provide open and transparent government. January 30, 1997—January 31, 2015 Town of Longboat Key Longboat Key, FL 34228 job Title IT Director—senior member of management, responsible for an IT staff of 4 including 2 contracted positions, $700K budget. Responsible for new development and maintenance of the technical infrastructure and integrated core business solutions for the Town of Longboat Key. Responsible for all technology, security, networking and IT policy for all departments including Public Safety(Fire and Police), Public Works, Planning,Zoning and Permitting, Finance, Payroll, Human Resources, and Utility Billing for approximately 120 users in multiple locations. Led the Town through many evolutions of Page 428 of 1161 ti J. Pletzke Career highlights technology in 18 years; 3 successful conversions to new system platforms (most recent April 2014 to IBM P-Series servers), as well as development of the Town's first website, email systems, records management solutions, paperless reporting, mobile computing solutions and many other projects that dramatically improved workflow and efficiencies. All systems are integrated in one centralized database with a robust disaster recovery solution in place. All core business data replicated on a nightly unattended process to a secure facility. Modernized the majority of the systems using graphical browser-based interfaces (Cloud)to legacy green screen applications which preserved the investment in technology while creating a modern look and feel for the users.Through innovation and teamwork, I developed custom software unique to municipalities working with key staff in all departments. Created innovative web based solutions for solving the unique business needs of the Town.This included systems created specifically for the management of employee benefits, integrated electronic timekeeping and leave reporting system, paperless beneficiary administration, electronic wellness program, electronic performance evaluation system, backflow tracking, permitting,town manager assignment system, police and dispatch scheduling (integrated with paperless timekeeping/payroll), paperless police reporting incident system (records),file codes for records management,fire inspection system and preplanning, intranet, elevation certificates, business tax receipts system, NPDES inspections, paperless reporting, and email notifications throughout the applications. Developed sought-after award winning software solutions including: Fiscal Transparency—Public Technology Award, GMIS G2 Award, FLGISA Technology Award 2014 Firelog Book and Fire Pre-Plan—Computer World Laureate 2013, FLGISA Technology Award 2012 Contractor Notification System —IT Florida Leadership Award 2007, FLGISA Technology Award 2006 Frequent invited speaker on technology including Florida City and County Managers association (3), Cloud Computing Association, Florida Government Finance Officers Association (2), FLGISA and GMIS International, FGFOA School of Finance. GFOA national conference in Toronto (May 2016) Publications and articles: SNN Television,January 2015 http://www.snntv.com/2015/01/09/longboat-key-offers- online-lesson-fiscal-transparency/ GovTech Magazine, April 2014 Florida Town Simplifies Transparency http://www.govtech.com/budget-finance/Florida-Town-Simplifies-Transparency.html Florida City and County Managers Newsletter—Fiscal Transparency _http://fccma.org/2014/03/fiscal-transparency-a-local-governments-solution/ 2 Page 429 of 1161 ti J. Pletzke Career highlights Florida Local Government Technology Achievement Award 2014 http://www.flgisa.org/technology-achievement-award/ Florida League of Cities—Technology Innovations Showcase http:// .flori aIeagueofcities.com/Pu Iications.aspx?C ID=12576 GovTech Magazine,July 2013, Can one City Profit from Innovation? http://www.govtech.com/applications/Can-One-City-Profit-from-Innovation.html Quality Cities, March-April 2013 http://publications.fIcities.com/qc/201303/#?page=42 The Bond Buyer, February 2013:Where there's Smoke,there's Innovation http://www.bondbuyer.com/news/in-longboat-key-where-theres-smoke-theres-innovation-903146-1.htmI Computerworld Laureate, March 2013,Safety&Security—Fire Application https://www.eiseverywhere.com/ehome/49069/83917/ State Technology Magazine,July 2012 http://www.statetechmagazine.com/article/2012/07/how-nyc- department-transportation-used-tablets-go- paperless LBK News,August 2012 _http://www.l bknews.com/2012/08/10/cavi ng-time-I ives-through-new-technology/ LBK News, September 2010 http://www.lbknews.com/2010/09/10/pletzke-passionate-about-lbk-technology/ Experience August 22, 1984—January 22, 1997 City of Fort Myers 2200 Second St Fort Myers, FL Job Title MIS Director- Department head responsible for all systems and networking for the City of Fort Myers. Managed a staff of 7 IT professionals. Provided custom programming and maintenance support in addition to contract management of vendor provided solutions. Supported 300 users in multiple locations across the City. Implemented the City's first website in 1996. Professional Education Leadership positions for the Florida Local Government Information Systems Association —State-wide association of 180+ members 3 Page 430 of 1161 ti J. Pletzke Career highlights FLGISA Board Treasurer—2014—2015 FLGISA Board Secretary—2010—2014 Certified Government Chief Information Officer-2008-recertified through 2016 Florida State University Florida Institute of Government CGCIO—120 Hours; nationally recognized professional development program Academic Education August 1980 -To 6/1/1982 Delta College University Center, MI Associate Business Degree References See Linkedln endorsements 4 Page 431 of 1161 EPR 4FIREWORKS s y s f e tri wo do IT all SIMILAR PROJECTS/ REFERENCES — Tab 6 1. Provide references for similarly successful projects from at least three (3) governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. The City is especially interested in successful projects involving Superion (formerly known as Spillman Technologies) CAD systems. EPR has installed the FireWorks complete suite of modules in the following stations within the past 18 months, while providing CAD integration, data conversion, implementation, training, and support. Okeechobee County Fire Rescue use Spillman Technologies for CAD. West Manatee Fire Rescue North River Fire Rescue Chief Tom Sousa Chief Mike Rampino 6417 3rd Street W. 1225 14th Avenue West Bradenton, FL 34209 Palmetto, FL 34221 941-761-1555 941-721-6700 (Integraph CAD Inte ra h CAD Okeechobee Fire Rescue Zephyrhills Fire Rescue Ryan Hathaway Chief Brian Swartout Fire Inspector/Training Officer 384106 th Avenue 707 NW 6th Street Zephyrhills, FL 33542 Okeechobee, FL 34972 813-780-0041 863-763-5544 (TriTech CAD) (Spillman CAD 2. Provide examples of work by firm or individual which best illustrates current qualifications relevant to the City's project that has been/I being accomplished by personnel that shall be assigned to the City's project. List no more than ten (10) projects. City of Coral Springs East Manatee Fire Rescue Fire Prevention Suite Complete System — RMS — Integraph CAD Bruce Bowers, Fire Marshal Kim Luther, Administrative Chief 954-346-1394 941-725-8213 bbowers(Qcoralsprings.org kluther(_emfr.org Project Manager: Benny Shalev Project Manager: Benny Shalev Estimated cost: $18,000 Estimated cost: $15,000 Town of Longboat Key Cedar Hammock Fire Rescue Fire Prevention Suite Complete System — RMS — Integraph CAD Paul Dezzi, Fire Chief Jeff Hoyle, Fire chief 941-650-9445 941-727-2070 pdezzi(d)longboatkey.org chfr.org Project Manager: Benny Shalev Project Manager: Benny Shalev Estimated cost: $7,000 Estimated cost: $10,000 Page 432 of 1161 s PNORTH RIVER FIRE DISTRICT 1225 141h AVENUE NEST PALMETTO), FLORIDA 34221 D Phone (941) 721-6700 Fax (941) 721-6701 4 p b admln@nrfd.org July 10, 2017 TO WHOM IT :MAY CONCERN. The North River Fire District has been engaged with EPR Fire Works since June of 2016. First let me state that the since that time the product that they have delivered has been nothing let then a pleasure to work. with. Additionally, the timeliness by which they produce new fields to the system is second to none. As a Fire District on many occasions we have asked them to tweak and or create different products that aid us in our delivery of service. The turnaround time has been extraordinary. The company motto is we do it better; I for one can concur with the statement. As it pertains to customer service we have zero complaints; they do what they say, and deliver on time. We have experienced little to no down time and have been treated with nothing but respect, kindness, and the willingness to improve on the products they deliver. Sincerely, Michael S. Rampino Fire Chief Page 433 of 1161 West Manatee Fire & Rescue District July 13, 2017 RE: EPR Systems West Manatee Fire Rescue has been utilizing EPR systems "FIREWORKS" software platform for the previous eight months. The District was approached by EPR a year ago to assist them in developing a software that will meet the needs of today's fire rescue service. They listened to our recommendations and developed what we believe to be a premiere software solution. The "FIREWORKS"platform has the flexibility to work in both the mobile and office environment. The software is intuitive in regards to incident reporting, inspections and pre-fire plans. The business intelligence tools will be invaluable in measuring department performance. The reliability of the software has been excellent. We have not had a need to utilize customer support often, but when contacted, the support team was very responsive in correcting the issues. We believe that the current version of"FIREWORKS" is on the cutting edge in regards to fire rescue RMS systems. Sincerely, Thon s J. Sousa, Fire Chief West Manatee Fire & Rescue 64173 rd Avenue West Bradenton, FL 34209 941-761-1555 Administration 6417 3rd Avenue West Bradenton, FL 34209-2314 (941) 761-1555 Fax (941)795-3250 Page 434 of 1161 ZEPHYRHILLS FIRE RESCUE 38410 6th Avenue - Zephyrhills, Florida 33542 Phone: (813)780-0041 Fax: (813)780-0085 Fire Chief-- Brian RSwartout To Whom It May Concern: We have had the privilege of using a product,which is able to fulfill all of our expectations as a consumer. The EPR Fireworks software reporting system has enhanced our Fire, EMS, and Inspections reporting.What captured our interest in this particular software was the ability to have the system tailored to our needs.We did not have to try to fit into a reporting system that was not designed for the services we provide. Once we looked into what EPR Fireworks could provide,we could not pass up on the opportunity to work with them. EPR representatives continue to work with us to fine tune our customized reporting. They have been supportive throughout the entire process and I would like to recommend that you look at the benefits a customized program could provide your organization. Sincerely, 4-4�-a474�17— -- Brian R. Swartout Fire Chief Page 435 of 1161 T®" OF Town Hall 501 Bay Isles Road Longboat Key,Florida 34228-3196 LO'k YG-" OAT KEY (941)316-1999 SUNCOM 516-2760 l� t -1656 Incorporated November 14, 1955 www.longboatkey.org To Whom It May Concern: My name is Paul Dezzi, Fire Chief for the Town of Longboat Key, Florida and I am very happy to endorse FireWorks as an ideal software company for the management of several fire programs. FireWorks has and continues to work closely with members of Longboat Key Fire Rescue in the development and implementation of a fire inspection& preplan program as well as inventory control including supplies and vehicle equipment. FireWorks has excellent customer service and a support team with immediate resolution to issues and concerns that may be specific to a fire departments operation. Based on personal experience, I have no hesitation in recommending FireWorks to any fire department looking for a software solution. I would be very happy to share our experience with FireWorks with those departments interested in this software solution. incere zi Fire Chief Longboat Key Fire Rescue 941-650-9445 Page 436 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM Proposers should use this form for submitting its Cost Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. 1. Pricing — Software - Required Modules - Provide pricing information for all required applications/modules included in the proposed solution. • • 010 Master Database $ N/A $ Imaging $ N/A $ GIS $ N/A $ Computer-Aided Dispatch $ CAD interface included $ CAD Mapping $ Google maps $ Response Plans See next page $- preplan 0 $ 100.00 Inspections $ 10,800.00 7 $ 1,500.00 Fire Inspection Tracking and Billing $ included 0 $ 100.00 Records Management System $ $ Inventory Control $ 21400.00 0 $ 100.00 Roster/Staffing w Personnel Database $ 1,249.00 0 $ 100.00 EMS Reporting NEMSIS & EMSTARS $ 14,965.00 0 $ 100.00 Fire Reporting NFIRS $ included 0 $ 100.00 EPR Systems USA RFP#027-2210-18/IT THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE W FIREWORKS odeffall Page 437 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) 1. Pricing — Software - Required Modules - Provide pricing information for all required applications/modules included in the proposed solution. • • Mobile Queries $ no addn'I charge 0 $ 100.00 Automated Field Reporting $ no addn'I charge 0 $ 100.00 Driver License Scanning $ no addn'I charge when available $ 100.00 Voiceless Dispatch $ N/A $ Mobile and Desktop Access $ included 0 $ 100.00 Dashboard Analytics $ 4,990.00 1 $ 390.00 Pre-fire Plans $ 2,277.00 0 $ 100.00 Total Price for Required Modules $ 36,681.00 Check all the following that are included in the quoted Required Modules price: Complete integration of all modules ❑onsite end user training at implementation with no internal interfaces KfTechnical support and customer service ❑ Site license for all desktop modules ❑,dngoing end user and administrative training ❑ First-year maintenance on software Annual cloud fee for concurrent users is assessed. For instance, Boynton could set up 100 or more unique user ID's however fee is calculated by the number of concurrent users togged into the system at once. For example, 20 concurrent user license fees for all modules (except inspections)would be $2,000. (20 x$100). EPR Systems USA RFP#027-2210-18/IT THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLEve Page R � 1 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) Optional Modules Provide pricing information for all optional applications/modules included in the proposed solution, if any are necessary to meet the functionality specifications as defined. • • Premises Information Investigations $ 1,250.00 0 $ 100.00 Configurable Dashboards $ $ Total Price for Optional Modules $ 1,250.00 Check all the following that are included in the quoted Required Modules price: LJ Complete integration of all modules with no internal interfaces ❑ Site license for all desktop modules ❑ First-year maintenance on software E�/Technical support and customer service ❑/Onsite end user training at implementation C/Ongoing end user and administrative training 2. Pricing —Vendor Services Total price for implementation project management $6,000 Check all the following that are included in the quoted implementation and project management *System set-up and data conversion price: only of quality data. For instance, ❑ Onsite project management services must be NEMSIS files version 2 and up or and Excel File that aligns with ❑ PMP-certified project managers NEMSIS. 2/Code table setup VConnection with state database Total price for software and hardware installation $ 6,000.00 Check all the following that are included in the quoted software and hardware installation price: ❑ Multiple onsite installation visits EPR Systems USA RFP#027-2210-18/IT THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE ' FIREWORKS wodoffail Page 439 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) Total price for administrative training $ 4,500.00 Check all the following that are included in the quoted administrative training price: N�User manuals and other training materials Defined timeframe for Go-live UTraining database that utilizes agency-specific data CZ/Complete administrator training ❑ Post Go-live refresher training 3 days on-site Total price for end user training $ 4,500.00 Check all the following that are included in the quoted end user training price: E(User manuals and other training materials ❑ Post Go-live refresher training N/Pre-Implementation project team training ❑ Access to online training database Total price for Go-live assistance $ included Check all the following that are included in the quoted Go-live assistance price: ❑ Post Go-live onsite refresher training Each addn'I day Total travel and per diem estimate $ 1,500.00 Total Price for Training Services $ 4,500.00 3.1 Pricing —Warranty, Maintenance, and Support • • Q First-year support(12 months) included in subscription $ included $ N/A Second-year support(required modules) cloud Subscription $ 39,828.00 $ N/A Second-year support (optional modules) cloud Subscription $ 41,819.00 $ N/A Support and enhancements included in the annual cloud subscription. EPR Systems USA RFP#027-2210-18/IT THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE W FIREWORKS odeffall Page 440 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT COST PROPOSAL FORM (CONTINUED) EPR Systems USA, Inc. COMPANY NAME AUTHORIZED SIGNATURE 941 ) 961-5377 Kathi Pletzke TELEPHONE NO. PRINTED NAME kathi@eprsys.com Director, N. American Operations E-MAIL ADDRESS TITLE 7/11/18 DATE EPR Systems USA RFP#027-2210-18/IT THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE W FIREWORKS odeffall Page 441 of 1161 5YSte S FIREWORKS we do IT all SUBMITTAL FORMS —Tab 8 Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORM IN THIS SECTION RATHER INCLUDE IT IN TAB 7— PRICE PROPOSAL • Proposer's Acknowledgement • Acknowledgment of Addendum(s) • Statement of Proposer's Qualifications • References • Anti-Kickback Affidavit • Non Collusion Affidavit of Prime Proposer • Confirmation of Minority Owned Business • Confirmation of a Drug Free Workplace • Acknowledgement of PBC Inspector General • City of Boynton Beach Local Business Status • Schedule of Sub-Consultants • Statement of No Proposal (if applicable) Page 442 of 1161 REQUEST FOR PROPOSALS FOR FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP No.: 027-2210-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: FIRE-RESCUE RECORDS MANAGEMENT SYSTEM RFP Number: 027-2210-18/IT RFP Received By: JULY 30, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JULY 30, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Kathi Pletzke, Director, N. American Operations, EPR Systems USA Inc. Federal I.D. Number: 81-3675379 A Corporation of the State of: Florida Area Code: 941 Telephone Number: 961-5377 Area Code: FAX Number: Mailing Address: 5020 Clark Rd, #119 City/State/Zip: Sarasota, FL 34233 E-mail Address: kathi@eprsys.com Authorized Signature Page 443 of 1161 Kathi Pletzke Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 444 of 1161 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION Kathi Pletzke Director of N. American Operations the of (Name of officer of company) (Title of officer of company) EPR Systems USA, INc. 5020 Clark Rd, #119, Sarasota, FL 34233 (Name of Corporation/Company) located at (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: EPR Systems USA Inc. NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Kathi Pletzke Signature: ***FOR PURCHASING USE ONLY*** Business License Year Established: Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 49 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 445 of 1161 Page 446 of 1161 2 ■ 2 ■ 2 L0 ® aa t/ 0 / § 5 / o Z: \ \ 7 / Ea � 0 // �2 2 r 2 2 \ / f 1 Co 0 7 7 _ - = E E $ / \ �\ / c \ \ o 0 co Co [ E 0 o ■ " = o s 0 3 \ 070 2 co 0) 40- \ d §° =t \ ■ o o ® @ ® = c c e — ° ¢ w 3: \ /� / § $ \ 9 Cl) t f \ 2 o » n CL m = 2 } /� � CL o 2 « = 0 2 § #_ w f § o CL ° e LU \ \ ff tet { 2 / _ ƒm \ \ k 04 Q k Q \ / / 0 0 -0 / { $ m k � k $ E Do \ c00E / \ a •: � 2 = / 0 4- 0 / / 2 7 (L W CL 0 k ƒ 1-- k � E Co§ e LU 0 / a / U W L « o & @ U) 2 E \ tom = 72 U E0 § § * § o Cl) 4 &/ \ ± w 20@ _ @ / 2 / ± _ £ 0 LL u 2 0 ■ o = _ a $ § ± \ Co \ 0f k § \ ƒ\ ƒ Et0 2 D = ° 2 E 2 0 0 ■ c - 2 t & o 2 00 ch / 2 ° U / ( ' \ o o ° 0 = t 2 ± \ f ■ 2 7 0 CL r- W / m 27 / n = = + 2 / ± 2) E E- CoCo — 0 = I 7 ± # 202 g §L / = a 2 £0 2 E 2 n e 0)2 k 2 ° 2 q o l e e 2 o k { f \ z @ E n k ■ = oe = n / 5 § 2 2 k C) 0 ° f / / k k \ E / R23 « 7 � Owe 0 4- 0 co � N W W a N z O U W m O I.- 0 O CL O O W N J d m r � ~ O e-) EL W WO U o U z W p I.-CQ LL ry C z m Q N W W I.- co J O CL H C WO 0 Q CL N_ 2 H A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "FIRE RESCUE RECORDS MANAGEMENT SYSTEM" RFP NO.: 027-2210-18/IT DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE Page 449 of 1161 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: EPR Systems USA Inc. 2. Business Address: 5020 Clark Rd, #119 Sarasota, FL 34233 3. When Organized: October 2016 4. Where Incorporated: State Of Florida 5. How many years have you been engaged in business under the present firm name? 2 6. General character of work performed by your company. Public Safety Software: Records Management Reporting Solutions Analytics, Business Intelligence and Transparency 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 50 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why?* No THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 41 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 450 of 1161 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone # Complete RMS Tom Sousa, Fire Chief 941-761-1555 Complete RMS Mike Rampino, Fire Chief 352-585-1498 Complete RMS Brian Swartout, Fire Chief 813-780-0000 13. Contracts on hand. 14. Largest completed projects (include final cost). 1) Coral Springs Fire Prevention modules $18,000 2) East Manatee Fire - complete RMS $15,000 3) Cedar Hammock Fire -complete RMS $10,000 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * none 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated on the 18TH Day of July, 2018 By: (written signature) Name: Kathi Pletzke (printed or typed) Title: Director, N. American Operations THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 451 of 1161 Page 452 of 1161 REFERENCES FOR EPR Systems USA, Inc. Company Name: West Manatee Fire Rescue Address: 6417 3rd Street, Bradenton, FL 34209 Contact Name: Tom Sousa, Fire Chief Phone: Fax: E-Mail: 941-761-1555 tom.sousa@wmfr.org Company Name: North River Fire Rescue Address: 1225 14th Avenue W, Palmetto, FL 34221 Contact Name: Mike Rampino, Fire Chief Phone: Fax: E-Mail: 941-721-6700 rampinom@nrfd.org Company Name: Longboat Key Fire Rescue Address: 5490 Gulf of Mexico Dr., Longboat Key, FL 34228 Contact Name: Paul Dezzi, Fire Chief Phone: Fax: E-Mail: 941-650-9445 pdezzi@longboatkey.org Company Name: Okeechobee County Fire Rescue Using SPILLMAN CAD Address: 707 NW 6th Street, Okeechobee, FL 34972 Contact Name: Ryan Hathaway, Captain Phone: Fax: E-Mail: 863-763-5544 rhathaway@co.okeechobee.fl.us THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 43 COMPLETE AND ACCEPTABLE. Page 453 of 1161 Page 454 of 1161 TT I STATE OF FLORIDA SS COUNTY OF PALIM BEACH 1,the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member r my firm or by an officer of the corporafion- NAME-SIGNATURE-" Sworn and subscribed before me this day cl Jtdy 2D 18 Printed Information: Kathi Ptetzke NAME Director, N. American Operations TITLE. 5 NOTARY O IC, StFWrida at Large ( _ COMPANY STEPHANIE M.BEDGIO Notary Public,State of Florida a Commission#GG 174674 P,Ay comm.expires Jan.11,2022 'OF=FICIAL NOTARY SEAL?STAMR THIS PAGETO BE sBMFTTED FOR P*OPOSA-170 9ECOUSIDERED, COMPLETE AND ACCEPTABLE. RFP No.027-2210-18!17 Page 455 of 1161 MON COLLUSiON AFRDA State of Florida ) County of Saf'asOta , being first duly sworn, deposes and says that: Director of N.American Operations EPR Systems USA Inc. product"FireWorks" 1) He/She is of , the qualifier (._ ) (Narm of Corporafian r arm) who has submitted the attached RFP No. 027-2210-18/IT for FIRE-RESCUE RECORDS MANAGEMENT SYSTEM 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RPP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) A�z- Subscribed (Title) Director, N.American Operations and sworn to before me This 'g ' r day of F , 20 STEPHANIE M.BEDGIO _ Notary Public,State of Florida M commission expires Commission#GG 174, 0 My p —� My comm.expires Jan.11,2022 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 45 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 456 of 1161 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? ✓ Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) B LAC K ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO ✓ If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 46 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 457 of 1161 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 47 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 458 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. EPR Systems USA Inc. CONTRACTOR NAME By Kathi Pletzke Title: Director, N. American Operations Date: July 11, 2018 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 48 COMPLETE AND ACCEPTABLE. RFP No. 027-2210-18/IT Page 459 of 1161 6.1. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve utilizing the City of Stuart Bid No. ITB No. 2019-100 for Chemicals for Water Treatment and Water Reclamation Facility, with Tanner Industries Inc. of Southampton, PA with the same terms, conditions, specifications and pricing. Tanner Industries will provide anhydrous ammonia to the Utilities Department on an "as-needed" basis, for an estimated annual expenditure of up to $40,000. Procurement has reviewed and concur that the City of Stuart bid process satisfies the City of Boynton Beach's competitive bid requirements. EXPLANATION OF REQUEST: BID TERM: October 1, 2018 through September 30, 2019 with two one year renewal options. Ammonia is critical to the water treatment process as it is combined with sodium hypochlorite to form chloramines, which kill bacteria in the water. These chloramines are long-lasting and ensure the distribution of safe, potable water to the consumer. The City of Stuart issued a new bid for Chemicals: Water Treatment, and on August 28, 2018, the Stuart City Commission awarded Tanner Industries the contract for Anhydrous Ammonia through ITB No. 2019-100. The City of Stuart complied with Public Bid requirements equal to or exceeding the City of Boynton Beach procurement requirements. This bid allows for two additional one-year extensions. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Tanner Industries has been providing the City of Boynton Beach anhydrous ammonia for over twenty years and Tanner leases the tanks for the storage of ammonia to the City. Tanner Industries has held their pricing to $.77 per pound delivered. FISCAL IMPACT: Budgeted Funds for the Operating Supplies/Process Chemicals have been budgeted in account 401-2811-536-52-35. Previous fiscal year expenditures: • FY 2017-18 $28,142.00 • FY 2016-17 $30,602.00 • FY 2015-16 $33,243.00 ALTERNATIVES: Boynton Beach would have to prepare its own bid for Ammonia. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No Page 460 of 1161 CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Invitation to Bid D Addendum Bid tabulation D Addendum Notice of Award to Tanner Industries D Addendum Tanner Bid Response Page 461 of 1161 City art x 121 SW Flagler Avenue ' � Stuart, FL 34994 4Department of Financial Services Lenora Darden Procurement&Contracting Services Division 772.600.0134 FAX Procurement Manager 772.288.5320 PHONE purchasingAci.stuart.fl.us INVITATION TO BID FOR: CHEMICALS FOR THE WATER TREATMENT PLANT/WATER RECLAMATION FACILITY DATE: July 20, 2018 DEPT: Public Works BID NUMBER: 2019-100 THIS IS NOT AN ORDER Bids will be opened and publicly read aloud at City Hall, 121 S.W. Flagler Ave., Stuart, FL at 2:30 pm on Wednesday, the 8th day of August, 2018. Bids must be SUBMITTED ON THE desired. Please attach this completed form as the top sheet for all bids submitted. Bid bonds, if required, may be in the form of a Surety Bond, Cashier's Check or Certified Check(checks payable to The City of Stuart). Bidder's Name Company Name Street Address City, State, Zip Total Amount of Bid $ It is the intent and purpose of the City of Stuart that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Procurement Division if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writing and must be received by the Procurement Division not later than seven (7) days prior to the bid opening date. Hand Deliver Mail/Express Bids to: Stuart City Hall Procurement & Contracting Services Office 121 S.W. Flagler Avenue Stuart, Florida 34994 ITB No. 2019-100: Chemicals-WTP/WRF Page 1 Page 462 of 1161 Al INSTRUCTIONS TO BIDDER Al.1 Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification. A1.2 All bids must be submitted in a sealed envelope plainly marked on the outside with the invitation to bid number, date and time of opening. A1.3 All Bids Must Be Submitted in Triplicate. This includes specifically the bid cover page, the bid signature section (A2), any section on which annotations are required or exceptions are taken, the bid schedule (F), and any supporting documentation or literature being submitted with your bid. A1.4 It is the bidder's responsibility to assure that Bids are received in the City of Stuart Procurement & Contracting Services Office, 121 SW Flagler Avenue, Stuart, Florida 34994, not later than 2:30 p.m., on the day and date shown above. Any received after this date and time will not be accepted or considered, and will be retained unopened to the bidder. No telegraphic or facsimile offers will be considered. A1.5 Bids will be publicly opened and read aloud at the designated location at City Hall on the above appointed date at 2:30 p.m. or as soon as possible thereafter. A1.6 Bids may not be withdrawn for a period of 30 days after the public opening date. A1.7 Bidder's attention is specifically called to the terms and conditions of this solicitation. A1.8 Please check your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed. A1.9 All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation. Al.10 Any actual or prospective bidder who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in writing to the Stuart City Manager with a copy to the City Procurement& Contracting Services Manager. Al.I I Questions relative to interpretation of specifications or the solicitation process shall be addressed to the Procurement Division at purchasingci.stuart.fl.us, in writing, in ample time before the period set for the receipt of bids. Any interpretations, clarifications or changes made will be in the form of written addenda issued by the Procurement Office. Oral answers will not be authoritative. Al.12 Bidders must register with DemandStar in order to receive all required documents and notification of addenda. Register for FREE at http://www.onvia.com/demandstar- subscriptions, "FREE AGENCY". ITB No. 2019-100: Chemicals-WTP/WRF Page 2 Page 463 of 1161 A2 BID SIGNATURE SECTION A2.1 This sheet must be signed by a person authorized to sign for your firm and returned with your bid. Failure to comply will result in disqualification of submittal. A2.2 Delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any other contract document shall constitute default. A2.3 Section Not Used A2.4 The City reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its sole judgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City. A2.5 Goods, services, supplies or equipment covered in the specifications shall be delivered F.O.B. Destination. A2.6 The City may accept any item or group of items on any bid unless the offeror qualifies his bid by specific limitations. A2.7 Bidders are requested not to contact the City Commission, requesting/evaluating Departments or Divisions from the time of the issuance of the solicitation or advertisement until such time as the agency provides notice of an intended decision or until 30 days after opening `the bids, whichever is earlier. Any questions from bidders or evaluating Departments or Divisions will be answered through the Procurement Division. A2.8 If not bidding any or all items, please so state on Attachment E. A2.9 Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder. A2.10 Failure to comply with these instructions may result in disqualification of your bid. Firm Name Date Email Address Authorized Signature Telephone Number (Manual) Name/Title (Please Print) Facsimile Number Any questions regarding this Invitation to Bid should be addressed to the Procurement & Contracting Services Office, City of Stuart, Florida. Contact Purchasing: Email: purchasingkci.stuart.fl.us, and Fax# (772) 600-0134. ITB No. 2019-100: Chemicals-WTP/WRF Page 3 Page 464 of 1161 B. GENERAL PROVISIONS B 1. Payment/Invoicing: No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the City in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon and mailed to: Financial Services Department, 121 S.W. Flagler Avenue, Stuart, FL 34994. Payment in advance of receipt of goods or services by the City of Stuart cannot be made. B2. Purchasing Card Program: A. Preferred method of payment is by means of the City of Stuart Purchasing Card (VISA). The selected Bidder(s) can take advantage of this program and in consideration receive payment within ten (10) days, instead of the City's policy of Net 30 Days After Receipt of Invoice (ARI). B. Bidders are requested to acknowledge acceptance of purchasing VISA card on the Bid Schedule. In the event of failure on the part of the Bidder to make this statement, the City shall assume the purchase or Contract price shall be governed by the Net 30 ARI. C. The City of Stuart offers bidders who commit to accepting the Purchasing Card as payment, a one percent (1%) reduction in their bid price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the original bid price. City shall not pay any service charges or fees for Pcard transactions. B3. Fund Availability: Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. B4. Permits/Licenses/Fees: Any permits, licenses or fees required will be the responsibility of the successful bidder, no separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City), are the responsibility of the successful bidder. Confined space permit may be required from the City of Stuart. Please see Section B23. Safety Standards. B5. Taxes: The City of Stuart does not pay Federal excise or State sales taxes. Our tax exemption number is 85-8012740159C-6. B6. Warranty: The bidder shall state the warranty offered against defective workmanship and material, if required, as specified in Section C-Special Provisions. B7. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: ITB No. 2019-100: Chemicals-WTP/WRF Page 4 Page 465 of 1161 A. The prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other offeror or with any competitor for the purpose of restricting competition, or in any other way influencing the competitive arena. B. Unless otherwise required by law, the prices, which have been quoted in this bid, have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any offeror or to any competitor. C. No attempt has been made or will be made by the bidder to induce any other person or firm to submit or to not submit a bid for the purpose of restricting competition, or in any other way influencing the competitive arena. B8. Inspection/Acceptance Title: Inspection and acceptance will be at the City of Stuart's ordering department/division unless otherwise stipulated. Title and risk of loss or damage to all items shall be the responsibility of the vendor until accepted by the using department of the City, unless loss or damage results from negligence by the City or it's using Department. B9. Changes: the City of Stuart reserves the right to order, in writing, changes in the work within the scope of the contract such as change in quantity or delivery schedule. The contractor has the right to request an equitable price adjustment in cases where modifications to the contract under the authority of this clause result in increased costs to the contractor. BIO. Liability: The vendor shall act as an independent contractor and not as an employee of the City of Stuart. The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees, from damages arising from the vendor's performance of, or failure to perform, any task or duty required to be performed by the vendor. BI 1. Conflict of Interest: All offerors must disclose with their offer the name of any officer, director, or agent who is also an officer or employee of the City of Stuart. Further, all bidders must disclose the name of any City officer or employee who owns, directly or indirectly an interest of ten percent (10%) or more of the bidder's firm or any of its branches. B 12. Termination for Convenience: The City of Stuart reserves the right to terminate the Agreement in whole or part by giving the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination notice from the City, the vendor shall only provide those services specifically approved or directed by the City. All other rights and duties of the parties under the Agreement shall continue during such notice period, and the City of Stuart shall continue to be responsible to the vendor for the payment of any obligations to the extent such responsibility has not been excused by breach or default of the vendor. ITB No. 2019-100: Chemicals-WTP/WRF Page 5 Page 466 of 1161 Upon termination, vendor shall bill the City of Stuart for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to a professional fee nor to expenses for any work commenced or expenses incurred after the vendor received the notice of termination, unless specifically approved or requested by the City. The vendor shall however, be entitled to payment for services commenced and approved by the City prior to the receipt of notice, or with the express written consent of the City, prior to the effective date of termination. B 13. Termination for Default: The performance of the Agreement may be terminated by the City of Stuart in accordance with this clause, in whole or in part, in writing, whenever the City shall determine that the contractor has failed to meet performance requirement(s) of the Agreement. B 14. Venue: Any contractual arrangement between the City of Stuart and the vendor shall be consistent with, and be governed by, the ordinances of Martin County, the City of Stuart, the whole law of the State of Florida, both procedural and substantive, and applicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in Martin County, Florida. B15. Contract Modifications: In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties, and approval by appropriate legal bodies in the City of Stuart. B 16. The Contract: Notice of award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions and specifications, signed by the successful bidder along with the documentation included in the bidders submittal as required by this Invitation to Bid and other additional materials submitted by the bidder and accepted by the City shall constitute the contract. After notice of award, a valid certificate of insurance shall be issued to the City within 10 days. A purchase order will serve as the contract with an effective date of October 1, 2018. B17 Force Majeure: Neither party to this agreement shall be liable to the other for any cost or damages if the failure to perform the agreement arises out of causes beyond the control and without the fault or negligence of the parties. Such causes may include, but are not restricted to, acts of God, fires, quarantine restriction, strikes, and freight embargoes. In all cases, the failure to perform must be totally beyond the control and without the fault or negligence of the party. The delivery schedule, if applicable, shall be extended by a period of time equal to the time lost due to such delay. B18. Proposal as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of chapter 119, Florida Statutes. The bid will become part of the public domain upon opening. Vendors shall not submit pages marked "proprietary" or otherwise restricted" ITB No. 2019-100: Chemicals-WTP/WRF Page 6 Page 467 of 1161 B 19. Equal Opportunity: The City of Stuart recognizes fair and open competition as a basic tenet of public procurement and encourages participation by minority and women owned business enterprises. The City requests minority and women owned business enterprises submit evidence of certification with submittals. B20. Assignment & Subcontracting: The successful bidder will not be permitted to assign its contract with the City, or to subcontract any of the work requirements to be performed without obtaining prior written approval of the City of Stuart. B21. Insurance: The contractor shall, during the entire period of performance of any contract resulting from this solicitation, procure and maintain at least the minimum types of insurance as stipulated in the insurance attachment to this solicitation. Proof of such insurance must be provided to the City prior to beginning any contract performance. B22. Additional Terms and Conditions: No additional terms and conditions included with the bid response shall be evaluated or considered; any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bid signature section attests to this. B23. Safety Standards: All contractors and sub-contractors shall adhere to all Federal, State, County and City safety regulations and requirements. The City of Stuart safety manual is available for use by any vendor contracted to provide services, supplies and/or equipment to the City of Stuart. B24. Public Entity Crimes: Pursuant to the requirements of Section 287, Florida Statutes, all vendors are subject to those provisions pertaining to Public Entity Crimes and the Convicted Vendor List. B.25 Scrutinized Companies List: Pursuant to Sections 287.135, 215.4725, and 215.473, of the Florida Statutes which prohibits agencies from contracting with any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List, participation in the Boycott of Israel, the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and is not engaged in business operations in Cuba or Syria are prohibited from contracting for goods or services in any amount at the time of submitting to this ITB through the term of this contract, including renewals or extensions. If firm is found negligent, contract shall be terminated; and submission of a false certification may subject firm to civil penalties, attorney's fees, and/or costs; may not transact business with any public entity for a period of 36 months. Questions regarding this statement should be directed to the State of Florida, Bureau of State Procurement (850) 488-8440 ITB No. 2019-100: Chemicals-WTP/WRF Page 7 Page 468 of 1161 B26 Public Records Relating to Compliance, Request for Records; Noncompliance, & Civil Action Note: If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this contract, contact the office of the City Clerk as the custodian of Public Records for the City of Stuart, and all the respective departments at 772-288-5306 or ublic ecor s eguestkci.stuart. .us, City of Stuart, City Clerk 121 SW Flagler Avenue, Stuart, Fl. 34994 per F.S. 119.12. In compliance with F.S. 119.0701 the Contractor shall: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. E. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. If the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. F. If a contractor does not comply with the public agency's request for records, the public agency shall enforce the contract provisions in accordance with the contract. G. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under F.S. 119.10. ITB No. 2019-100: Chemicals-WTP/WRF Page 8 Page 469 of 1161 H. If a civil action is filed against a contractor to compel production of public records relating to a public agency's contract for services, the court shall assess and award against the contractor the reasonable costs of enforcement, including reasonable attorney fees, if: 1. The court determines that the contractor unlawfully refused to comply with the public records request within a reasonable time; and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that the contractor has not complied with the request, to the public agency and to the contractor. I. A notice complies with subparagraph 2 above, if it is sent to the public agency's custodian of public records and to the contractor at the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. J. A contractor who complies with a public records request within eight(8) business days after the notice is sent is not liable for the reasonable costs of enforcement. C. SPECIAL PROVISIONS Cl. Intent: The City of Stuart is seeking qualified and experienced vendors to furnish and deliver the specified chemicals on an "as needed" basis, in full accordance with the specifications, terms, and conditions contained in this Invitation to Bid (ITB). C2. Minimum Requirements: The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the requested information may result in the bid being considered non-responsive. A. Bidders are to provide a minimum of three (3) satisfactory references within the past five (5) years of similar accounts and size on the City provided form. Bidder is responsible for verifying correct phone numbers and contact information. Failure to provide accurate data may result in the reference not being obtained or considered. B. Bidder must be an authorized agent, dealer, seller, or distributor for the sale and distribution of product. C. Completion and submission of Questionnaire attached herein. C3. References: As part of the evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. ITB No. 2019-100: Chemicals-WTP/WRF Page 9 Page 470 of 1161 C4. Qualification of Bidders: This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified. Bids will be considered from firms who have adequate personnel and equipment and who are so situated as to perform prompt service. Bids will be considered only from firms which are regularly engaged in the business as described in this bid package; with a record of performance of not less than five (5) years, which have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the service if awarded an Agreement under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practice in the industry and as solely determined by the City. C5. Quality: The City will make the sole determination as to the suitability of goods when quality is a question or concern. C6. Minimum Payment Terms: Minimum payment terms shall be Net 30 days, unless payment by Visa Purchasing Card net 10 days. C7. F.O.B. Point: F.O.B. point is destination for all deliveries. (See Section E5). C8. Firm Prices: The prices offered shall remain firm for the period of any agreement reached as a result of this invitation to bid. C9. Other Entity Use: The successful bidder(s) may be requested to convey their bid prices, contract terms and conditions, to municipalities or other governmental agencies within the State of Florida. C10. Silence of Specifications: The apparent silence of these specifications and any addenda hereto, as to any details; or the omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that the service provided shall be complete and without additional requirement to the utilizing public entity. All interpretations of these specifications shall be made upon the basis of this statement. C11. Attachments: There are six (6) attachments to this Invitation to Bid. The successful bidder must comply with attachments as follows: Attachment A Insurance Requirements Proof of ability to obtain insurance to be submitted with bid document. Attachment B Qualifications/Experience of Bidder Attachment C References Attachment D Bidder's Checklist Attachment E Statement of No Bid Attachment F Request for Information D. AWARD OR REJECTION OF BIDS D1. Award of Contract: The City of Stuart intends to award to the most responsive responsible bidder with the lowest bid. The purchase order will serve as the notice to proceed and the contract. ITB No. 2019-100: Chemicals-WTP/WRF Page 10 Page 471 of 1161 D2. Method of Award: The City intends to award this bid to a Primary bidder. Award of the primary will be determined in order of responsiveness, delivery, acceptance of purchasing card program, materials and service proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of work to the City. After the bid has been awarded, the Primary bidder will be used in every instance of ordering products as long as their firm is capable of delivering the product/material in question within the time specified in this bid. If the Primary bidder is not able to deliver the product in question within the specified time, the City reserves the right to contact the secondary bidder with the subsequent lowest responsive responsible bid accordingly. D3. Modifications: This bid shall be awarded only to a responsive and responsible bidder. Bidder hereby certifies that the terms and conditions, including but not limited to, the scope of work have not been altered or modified in any manner. Any modification to this solicitation by the bidder will result in Bidder's response being found non-responsive and thereby disqualified. D4. Best Prices: Award will be made without further negotiation based upon competitive bids; therefore your best price should be submitted in response to this invitation to bid. D5. Rejection of Bids: The City of Stuart reserves the right to reject any or all bids with or without cause when such rejection is in the best interests of the City, at the City's sole determination. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or whom investigation shows is not in a position to perform the contract. D6. Determining Responsibility: In determining responsibility, the following qualifications will be considered by the Procurement& Contracting Services Manager: A. The bidder's ability, capacity and skill to perform the contract or provide the service within the time specified. B. The reputation,judgment and experience of the bidder. C. The quality of performance of previous contracts or services including previous performance with the City. D. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. E. Financial resources of the bidder to perform the contract or provide the service. F. Ability to provide future maintenance and service for the use of the subject of the contract. G. Whether the bidder is in arrears to the City on a debt or contract or is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. ITB No. 2019-100: Chemicals-WTP/WRF Page 11 Page 472 of 1161 D7. Contract Terms: At all times during the term of the contract, the successful Contractor shall act as an independent Contractor and at no time shall be considered an agent or partner of the City. A. Contract Period: This contract shall be awarded for an initial term of one (1) year subsequent to approval by the City Commission effective October 1, 2018. The contract may be renewed for two (2) additional one year periods provided both the successful bidder and the City agree and all terms and conditions remain the same. Any contract or amendment resulting from this solicitation shall be subject to fund availability and mutual written agreement between the City and the successful bidder. Extension of the contract for additional thirty (30) day periods, not to exceed 6 months, for the convenience of either party shall be permissible at the mutual consent of both parties. B. Option to Extend: The performance period of any contract resulting from this solicitation may be extended upon mutual agreement between the contractor and the City of Stuart with no change in terms or conditions. Any extension of performance period under this provision shall be in one-year increments. The contract may be renewed for two (2) additional one-year periods, provided both parties are in agreement. Total contract length, including individual one-year extensions, shall not exceed three (3) years. Prior to each annual renewal, the City may consider price adjustment(s) pal when a written request is received a minimum of ninety (90) days prior to the renewal date for review and approval by the City. Any price increases must be reasonable with justification, documented and approved by the City of Stuart. It is also expected that de-escalation of prices will be extended to the City if the market so reflects. C. Contract Amendment: The City may require additional items of a similar nature, but not specifically identified in the contract. The Contractor agrees to provide such items/services, and shall provide the City prices on such additional items or services based upon a formula or method which is the same or similar to that used in establishing the prices in this bid. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items/services from other vendors or to cancel the contract. Furthermore, the City reserves the right to delete or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing by the Contractor. D. Non Exclusive Contract: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. D8. Method of Ordering: A blanket purchase order shall be issued for the term of the award. The department(s) will order requirement(s) on an "as needed" basis. All terms, conditions and prices of the bid are applicable. Only awarded bid items may be purchased. Vendor is to take all necessary steps to insure this requirement. Invoices must reference Purchase Order. ITB No. 2019-100: Chemicals-WTP/WRF Page 12 Page 473 of 1161 D9. Quantities: The quantities specified are based on annual estimates. The City of Stuart makes no guarantee regarding the quantity to be purchased and reserves the right to increase or decrease the total quantities, as necessary, to meet actual requirements. DIO. Performance: The City heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded vendor for future consideration and/or reference purposes. The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. E. SCOPE OF SERVICE E1. General Information: The purpose of this bid is to purchase various chemicals on an "as needed" basis delivered to the City of Stuart locations as designated on the purchase order shall include all labor, materials, supplies, transportation, and related services. Chemical will be ordered on an "as needed" basis for the term of the agreement. E2. Material Safety Data Sheet and Certificate of Analysis: In compliance with Florida's Occupational Safety and Health Statute (Chapter 442) any commodity delivery as a result of this bid must be accompanied by a current MSDS and Certificate of Analysis (COA) with bid package submittal and with each receipt of order. Note: It is incumbent upon all bidders to include information sufficient in detail to allow for an informed decision process. E3. Codes & Regulations: Goods must be in accordance with the following: • National Science Foundation(NSF) • American Water Works Association(AWWA) • Conformance with any other applicable local codes and standards E4. Contractor Responsibility: A. The bidder shall be responsible for the protection of property in the areas appointed for delivery against spills. Contractor is responsible for clean-up of any spills. B. It is hereby made a part of this agreement that before, during and after a public emergency, disaster, hurricane, flood or Act of God that the municipal government, through the City of Stuart, shall require a "first priority" basis for goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety. E5. Delivery Requirements: A. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or ITB No. 2019-100: Chemicals-WTP/WRF Page 13 Page 474 of 1161 delivery/transport charges to and from destination. Exact delivery points will be indicated on the purchase order. All bid prices shall be delivered price. The City will not be responsible for separate delivery fees. B. Delivery is requested within 72 hours after receipt of purchase order. Delivery coordination shall be made in advance with the City's Project Manager. No deliveries will be accepted before 7:00am or after 3:00pm. The City will not be responsible for separate delivery fees. Back-orders shall be made known to the City at time of order placement. Failure to supply deliveries within requested time period may result in contract cancellation. Delivery location is as specified below. • Water Treatment Plant: 1002 Palm Beach Road, Stuart, Florida 34994 • Water Reclamation Facility: 301 SE Stypmann Boulevard, Stuart, Florida 34994 E6. Quality Assurance & Returned Goods: All material shall conform to Florida Department of Transportation Standard Specifications latest edition. The successful bidder upon receipt of a purchase order shall assure the product conveyed is of the correct quantity and meets all specifications of the bid, purchase order and order release. Material, which does not meet bid and purchase order specifications and requirements, including quality standards, shall be subj ect to return to the vendor, at the expense of the vendor. ET Alternate/Exceptions: The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the items requested. Any deviation from specifications listed herein must be clearly indicated, otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore; exceptions must be explained in detail on an attached sheet(s) and itemized by number. Any item(s)that does not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a reasonable time, the Bidder will be required to compensate the City for the difference in price entailed in going to the next qualified bidder. Bidders offering equivalent items must meet the exact physical data given for the "as specified" item. E8. Technical Specifications: The intent of this solicitation is to receive bids for the product specified. The materials specified cannot be substituted with any other materials. City of Stuart personnel shall make all determinations of equivalence and compliance with specifications. Those determinations shall be final. These specifications are based on a particular level of performance required to be responsive to this ITB. Determination of whether an alternate product be offered, a detailed description of specifications must be submitted and included with your bid. Failure to comply will result in disqualification of the bid submittal as non-responsive. Vendors will describe how they comply when asked to specify their compliance. ITB No. 2019-100: Chemicals-WTP/WRF Page 14 Page 475 of 1161 Technical Specifications Item Chemical Physical Data Individual Compliance Used at No. Description Shipment WTP Quantities W W TP 1 Liquid Sodium Maximum use level for Sodium hypochlorite under 5,000 gallon Yes ❑ No WTP Hypochlorite NSF/ANSI Standard 60-Maximum use in potable combined W WTP water is 84 mg/L for 12.5%bleach and 100 mg/L for deliveries,Tanker 10.5%bleach Density 1.10-1.30,SpG(12%)1.202 Truck Color:liquid=green-yellow Minimum strength of 120 grams per liter (12 trade percent by volume) Contaminant concentration limits: Iron<0.3 mg/L Copper<0.3 mg/L Nickel:<0.3 mg/L Chlorate:<2,500 mg/L Bromate<20 mg/L Perchlorate<20 mg/L Suspended Solids Test Time<3 minutes The suspended solids in the sodium hypochlorite delivered under this contract shall be minimized and the shipments delivered shall achieve a filtration time of less than 3 minutes for 1,000 ml when applying the "Suspended Solids Quality Test for Bleach Using the Vacuum Filtration" Method co-developed by Dr.Bernard Bubnis of NovaChem. 2 Anhydrous SpG 0.62 L 60 F,pH+11.6(1 N sol.In water)% City owns a 1,000 Yes ❑No ❑ W1'P Ammonia volatile by volume: 100 gal tank, Solubility in water: 33%4 68F The average Vapor density:0.6 4 32 F delivery size is 600 Metallurgical Grade Anhydrous Ammonia gals/3,000 lbs 3 Hydrofluorosilicic 23—25%AWWA Standard B703-06 300 gallon Yes ❑No ❑ W1'P Acid No more than 0.020%heavy Metals(Mercury,Lead, deliveries,Tanker Bismuth,and Copper expressed as Lead Truck 4 Hydrochloric Acid 20 Baume,31.45%active ingredients 55 gallon drums, Yes ❑No ❑ WTP 31.45%(muriatic 68.55%inert Flat-bed Truck acid) (20 drums) 5 Sodium Contain not less than 60%phosphorus pentoxide,26.2 50 pound multi- Yes ❑No ❑ WTP Hexametphosphate phosphorus,or 80.4%phosphate on an as-is basis,pH walled,moisture of 1%solution 5.7—7.3 proof bags, The typical order size will be one(1)pallet of 50 bags Enclosed Truck (50 lbs each). with lift-gate 6 Anionic Dry FBS 730: Anionic polymer is used in the Water 50 pound multi- Yes ❑No WTP Polymer with a 30 Treatment Plant to settle out suspended matter in the walled,moisture positive charge raw water. proof bags, Polymer concentration must be>80%-<90% Enclosed Truck with lift-gate 500 lbs per order 7 Cationic Liquid FBS 7602: The cationic liquid polymer at the Water 55 gallon drums, Yes ❑No ❑ W WTP Polymer Reclamation Facility is used for sludge dewatering Flat-bed Truck with a belt press,price per gallon sold in 55 gallon with lift-gate containers 4 42%active content Company Name: Date: ITB No. 2019-100: Chemicals-WTP/WRF Page 15 Page 476 of 1161 F. BID SCHEDULE: In accordance with the terms, conditions and specifications, the undersigned bidder hereby submits the following prices for supplying The City of Stuart with the goods and/or services called for in Bid #2019-100. Item Description Estimated Unit of Unit Price Annual No. Quantity Measure Price 1 Liquid Sodium Hypochlorite 120,000 GAL $ $ 2 Anhydrous Ammonia 18,250 LB GAL $ $ 3 Hydrofluorosilicic Acid 3,000 GAL $ $ F-1 Hydrochloric Acid 31.45% 1,100 GAL $ $ 5 Sodium Hexametaphosphate 19,000 LB $ $ F-1 Polymer, anionic-granular 2,600 LB $ $ 7 Polymer, cationic liquid 1,430 GAL $ $ Item(s)#: - Overall Total for all items that apply $ F.O.B. Destination: # Hours for Delivery after receipt of order (ARO),if less than 72 hours Preferred method of payment is by the City Purchasing Card (VISA). DO YOU ACCEPT THE PURCHASING CARD (VISA)? Yes 1:1 No F] The Citv of Stuart offers bidders who commit to accepting the Purchasing Card, noted above in the Bid Schedule as pavment method, a one percent (1%) reduction in their bid price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the originally bid price. ON shall not av any service charges or ees or Pcard transactions. If you are not the successful bidder awarded as primary provider,would you accept serving as the secondary (backup)provider,with the same terms as conditions as your bid?Yes 1:1 No F] Is Bidder offering the above product as specified? Yes 1:1 No F] If No,bidder is to indicate their equivalent below and attach product literature. Item#: Product Item#: Product Item#: Product Item#: Product Company Name: Date: ITB No. 2019-100: Chemicals-WTP/WRF Page 16 Page 477 of 1161 All Prices will remain firm for a period of forty-five (45) days from the date of Bid opening. The undersigned bidder has not divulged to, discussed with, or compared this bid with the other bidders, and has not colluded with any other bidder or parties to a bid whatsoever. Further, the undersigned guarantees the truth and accuracy of all statements and answers contained in this invitation. The undersigned bidder hereby certifies that the invitation to bid has not been altered in any manner; and that bidder has received all the Addenda listed below and has incorporated them into his Bid listed herein. Failure to acknowledge the above requirements will render the bid non- responsive and no further evaluation of the bid will occur. ACKNOWLEDGEMENT IS HEREBY MADE OF RECEIPT OF ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDENDUM# THROUGH ADDENDA# Company Name: Date: Name of individual submitting Bid: Email address: Ph: AUTHORIZED SIGNATURE: ITB No. 2019-100: Chemicals-WTP/WRF Page 17 Page 478 of 1161 ATTACHMENT A INSURANCE REQUIREMENTS The successful bidder shall not commence any work in connection with this agreement until it has obtained all of the following types of insurance and the City has approved such insurance. Nor shall the successful bidder allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been so obtained and approved. Proof of the following insurance will be furnished by the successful bidder by Certificate of Insurance, which names the bidder, its officers, board members, employees and agents as additional insured on General Liability and Automobile Liability insurance policies. Such certificate must contain a provision for notification of the City 30 days in advance of any material change or cancellation. The City by and through its Risk Manager, reserves the right to review, modify, reject or accept any required policies of insurance, including limits coverages or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an A.M. Best Rating of at least A: VII or better. When a self-insured retention or deductible exceeds $5,000, the City reserves the right, but not the obligation, to review and request a copy of bidder's most recent annual report or audited financial statement. All contractors including any independent contractors and subcontractors utilized must comply with the following insurance requirements: 1. Commercial General Liability including Bodily Injury/Property Damage, Personal & Advertising Injury and Products/Completed Operations coverage for at least $5,000,000 Limit per claim. Products Liability shall extend coverage for pollution conditions that arise from chemicals manufactured, sold or distributed. The City shall be included as Additional Insured and policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 2. Pollution Liability and Remediation Legal Liability coverage for at least $5,000,000 Limit per claim. This shall provide coverage for loss, remediation expense and legal defense expense for sudden and gradual pollution conditions. The City shall be included as Additional Insured, policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 years. 3. Commercial Auto Liability with limit of at least $1,000,000 per occurrence which provides coverage for any auto (owned, hired and non-owned) and shall not contain any ITB No. 2019-100: Chemicals-WTP/WRF Page 18 Page 479 of 1161 exclusion for pollution legal liability as respects the transportation, loading and unloading of chemicals. The City shall be included as Additional Insured and the policy should contain a waiver of subrogation rights endorsement. 4. Worker's Compensation Insurance: The Contractor/Lessee/Service Provider shall take out and maintain during the life of this Agreement, Worker's Compensation Insurance with limits equal to Florida Statutory requirements. Employers liability must include limits of at least $1,000,000 each accident, $1,000,000 each disease/employee, $1,000,000 each disease/maximum. A waiver of subrogation must be provided. Coverage should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under Federal Workers Compensation Statute, proof of appropriate Federal Act Coverage must be provided. 5. Loss Deductible Clause: The City shall be exempt from, and in no way liable for, any sums of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance. 6. Certificates of Insurance: The Contractor upon notice of award will furnish Certificate of Insurance Form within ten (10) days. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasing Manager. This certificate shall be dated and show: (a) The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. (b) Statement that the Insurer will mail notice to the City at least thirty (30) days prior to any material changes in provisions or cancellation of the policy. (c) City shall be listed as Additional Insured on Commercial General Liability Insurance, Automobile Liability Insurance. NOTE: The City can decrease or increase these limits, depending on the project, at its sole discretion. Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City's Risk Manager. ITB No. 2019-100: Chemicals-WTP/WRF Page 19 Page 480 of 1161 ATTACHMENT B QUALIFICATION OF BIDDERS INFORMATION/QUESTIONNAIRE THIS IS A FILLABLE FORM Part A - Qualifications Questionnaire Information provided shall fully explain the firm's qualifications and experience of their Organization to provide chemicals for the City as stated below: (Bidders may attach additional sheets, if necessary). Provide supporting documentation that Bidder is an authorized agent, dealer, seller, or distributor for the sale and distribution of product. Is supporting documentation included? Yes F—]No Part B—Other Information I. Contractor to provide details of delivery of chemical. 2. Provide office hours and contact information of staff responsible for coordination of services. Monday through Friday basis from (7:00 a.m. through 3:00 p.m.) 3. Please provide 24-hour Emergency Contact Information if different than above: 4. Number of year's organization has been in business. 5. Have you any similar work in progress at this time? Yes F—]No 6. Submission of quality control program: Yes F—] No 7. Submission of Safety program: Yes F—]No Company Name ITB No. 2019-100: Chemicals-WTP/WRF Page 20 Page 481 of 1161 ATTACHMENT C REFERENCES Provide three (3) satisfactory references within the past five (5) years of similar complexity, nature, and size of this project. #1 REFERENCE Company/Entity Name: Address City State Zip Code Contact Name: Title: Phone No:( ) - Fax:( ) - Email: Delivery Date: Location Type of Product Supplied Governmental or Private Dollar Value of Contract$ #2 REFERENCES Company/Entity Name: Address City State Zip Code Contact Name: Title: Phone No:( ) - Fax:( ) - Email: Delivery Date: Location Type of Product Supplied Governmental or Private Dollar Value of Contract$ O REFERENCES Company/Entity Name: Address City State Zip Code Contact Name: Title: Phone No:( ) - Fax:( ) - Email: Delivery Date: Location Type of Product Supplied Governmental or Private Dollar Value of Contract $ Company Name ITB No. 2019-100: Chemicals-WTP/WRF Page 21 Page 482 of 1161 ATTACHMENT D BIDDERS CHECKLIST This checklist is provided to assist each Bidder in the preparation of their bid response. Included in this checklist are important requirements, which is the responsibility of each Bidder to submit with their response in order to make their response fully compliant. This checklist is only a guideline—it is the responsibility of each Bidder to read and comply with the Invitation to Bid in its entirety. Is Bid envelope marked accordingly? Yes E]No Is Invitation to Bid cover page (page 1) completed, signed and attached? Yes E]No Is copy of bidder's valid Business Tax Receipt submitted? Yes No Is Bid Schedule Form completed, signed and attached? Yes No Is safety report and Quality program included? Yes E]No Is bid submitted in triplicate (one original,two copies) ? Yes❑No Bidder must submit proof that their firm name is registered. with their Yes❑No State of origin Is proof of insurance included? Yes❑No Is minimum Qualification of Bidders/Questionnaire information included? Yes 1:1 No Are Submittal Forms completed and enclosed? Yes E]No EL Is MSDS or COA submitted? Yes [:]NO Are addendum(if any issued) signed and submitted? Yes E]No ❑ Submit a copy of all Licenses, Certificates, or Registrations, held by Yes❑No Bidder Is the Request for Information form completed, signed and attached Yes❑No including W-9? All prices have been reviewed for mathematical accuracy, all price Yes F-1No corrections initialed, and all price extensions and totals thoroughly checked. Company Name ITB No. 2019-100: Chemicals-WTP/WRF Page 22 Page 483 of 1161 ATTACHMENT E STATEMENT OF "NO BID" If you do not intend to bid on this requirement, please complete and return this form prior to date shown for receipt of bids to: The City of Stuart Procurement& Contracting Services Office, 121 S.W. Flagler Avenue, Stuart, Florida 34994. We have declined to bid on this solicitation for the following reasons. ❑ Specifications too "restrictive", i.e., geared toward one brand or manufacturer(please explain below) ❑ Insufficient time to respond to Invitation to Bid. ❑ We do not offer this product or equivalent. ❑ Our project schedule would not permit us to perform. ❑ Unable to meet specifications. ❑ Unable to meet bond requirements, if required. ❑ Specifications unclear (please explain below). ❑ Other(please specify below). REMARKS: WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF STUART FOR FUTURE PROJECTS. Typed Name and Title Company Name Address Signature Title Telephone Number Date ITB No. 2019-100: Chemicals-WTP/WRF Page 23 Page 484 of 1161 ATTACHMENT F REQUEST FOR INFORMATION REQUEST FOR TAXPAYER IDENTIFICATION NUMBER `{ SUBMIT WITH IRS FORM W-9 Dear Vendor: Federal Income Tax Law requires a Form 1099 with a valid taxpayer identification number to be filed for payments made in the course of conducting a trade or business. Further,these payments may be subject to Backup Federal Income Tax Withholding for all payees who have not submitted a correct Federal Tax Identification Number at the time of payment. Please read this form and complete the information thereon before signing and returning with a couv of vour IRS W9 Form. If you are a corporation, we will not issue you a Form 1099 (Reference: 1.6401-3(c)). However, kindly return this form to document your corporate status. In order to avoid the possibility of future payments being held subject to Backup Withholding at a rate of 31%, please complete the form printed below and return this letter to the above address or E-mail request to: C1tyAccountsPayablekci.stuart.fl.us VENDOR NAME DBA: CORPORATE ADDRESS: CITY: STATE: ZIP: TELEPHONE: O FAX: O ALTERNATE PHONE: O COMPANY CONTACT NAME: EMAIL ADDRESS: TYPE OF CERTIFICATION 1.❑MBE 3.❑SBA 5.F—]DVBE 2.F—]MWBE J—] SDB 6. Other: "THE ABOVE INFORMATION WILL BE USED FOR PURCHASE ORDERS" REMIT TO ADDRESS: CITY: STATE: ZIP: TELEPHONE: O FAX: O ALTERNATE PHONE: O COMPANY CONTACT NAME: EMAIL ADDRESS: TYPE OF ORGANIZATION 1. FICorporation J—] Sole Proprietor 5. FIGovernment Agency 2. Partnership J—]Individual 6.F—]Other: 1099 REPORTING STATUS (Check One): F] Yes F] No TAXPAYER IDENTIFICATION NUMBER: Employer Identification Number: - Print name of Taxpayer if using SS#: Under penalties of perjury,I certify that this statement is accurate and complete. Signature: Title: Date: Phone: O ITB No. 2019-100 Page 24 Page 485 of 1161 f o W Z } AN (tb( y� U{t4 0 7't Y U r-s r f z z } z t m r wwwwwww 00 t iy,r I IY)5 tY Y, } II , $n � 14�r ° rt 7 k11 Y i\Irt�tayt i� < M fi�r�t� t an` 0 xt ami ani C) y o � � 0 0 r tuart k-Ab -r of S rQ� jh 121 SW Flagler Avenue • Stuart • Florida 34994 �7PITA L L3 Department of Financial Services Procurement and Contracting Services Division Lenora Darden,CPPB Telephone(772)288-5320 Procurement Manager Fax: (772)600-0134 purchasing Laci.stuartfl.us August 30, 2018 Via: Email transmission, sales a,tannerind.com Tanner Industries, Inc. Attn: Mr. Greg W. Tanner,VP 735 Davisville Road Southampton,PA 18966 Subject: Notice of Award ITB No. 2019-100, Chemicals for the Water Treatment Plant(WTP) and Water Reclamation Facility (WRF) Dear Mr. Tanner: The Stuart City Manager awarded ITB No. 2019-100, Chemicals for the WTP/WRF, to your firm on August 28, 2018, for Anhydrous Ammonia, at the unit price of$0.77 per pound for the estimated annual amount of 514,052.50. Please consider this your formal notice of award. The City of Stuart requests that you provide all necessary insurance requirements by September 10, 2018 as listed below: A "Certificate of Insurance" which reflects all types and levels of coverage as noted in the Request for Proposal. The insurance certificate must also haverip 'nted in the "Remarks"box, words to the effect: "The City of Stuart is an additional insured': The City requests that the insurance certificate lists therp oiec number and the proiect name, ITB No. 2019-100 Chemicals for the WTP/WRF. Orders from the City of Stuart will be placed throughout the contract period through the issuance of a Blanket Purchase Order to 1002 Palm Beach Rd, Stuart, FL 34994, which will serve as your contract and notice to proceed. All services shall be coordinated with the City Project Manager, Mike Woodside, Team Leader II, at 772-288-5343 ext. 5444. The initial contract period will be for one year, effective October 1, 2018 through September 30, 2019, with two one-year renewal options. The City reserves the right to exercise the option to renew annually, if mutually agreed upon in writing by both parties subject to the same terms and conditions of the original agreement. Annual renewals shall be subject to the appropriation of funds, vendor's satisfactory performance and determination that the contract renewal is in the best interest of the City. The City of Stuart looks forward to a mutually beneficial business relationship. If you have any questions, please feel free to contact me by email at purchasinLaci.stuart.fl.us or call me at(772) 288-5320. Sincerely yours, Lenora Darden Procurement Manager ec: Dave Peters,Public Works Director Mike Woodside, Team Leader II 2019-100 ITB File Page 487 of 1161 P `V t v r �F:., its,CQ Stuart I -,I F l rAur Ot nrft y ;v Stuarr., F1 34994 Depart!2ictar of Fin,,inci<l Servicc Lenora Darden Procurement&Contractin��Services Division 772.600,0134 FAX Procurement'\Lnager 772.233.5-;"0 PHOXF ptjrchasint!ci'ci.stuart.fl.us N"V I FOR: CHEMICALS FOR THE WATER TREATMENT PLANT/WATER RECLAMATION FACILITY DATE: lulu 20,2018 DEPT: Public Works BID NUMBER: 2019-100 THIS IS NOT AN ORDER Bids will be opened and publicly read aloud at City Hall, 121 S.W. Flagler Ave., Stuart, FL at 2:30 put on Wednesday, the 81h day of August, 2018. Bids gust be SUBMITTED ON THE desired. Please attach this completed form as the top sheet for all bids submitted. Bid bonds, if required, may be in the forrn of a Surety Bond, Cashier's Check or Certified Check (checks payable to The City of Stuart). Bidder's Narne -4 Company Name TaADJU JZ U ,P?fi - Street Address 739 Lavat elle City, State, Lip lau W d Lv r e—A ws6 Total Amount of Bid It is the intent and purpose of the City of Stuart that this Invitation to Bid promotes competitive bidding. It shall be the bidder's responsibility to advise the Procurement Division if any language, requirements, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this Invitation to Bid to a single source. Such notification must be submitted in writim, and must be received by the Procurement Division not later than seven (7) days prior to Oe bid opening date. Hand Deliver Mail/Exuress Bids to: Stuart City Hall Procurement & Contracting Services Office 121 S.W. F'lagler Avenue Stuart, Florida 34991 ITB No.20113-100: Chernicals-W-VP/WRI7 Page 1 Page 488 of 1161 All INSTRUCTIONS TO BIDDEN A I.I Each bidder shall furnish the information required on the bid schedule and each accompanying sheet thereof on which he makes an entry. Offers submitted on any other format are subject to disqualification. *1.2 All bids must be submitted in a sealed envelope plainly marled on the outside with the invitation to bid number,date and time of opening. *1.3 All Bids Must Be Submitted in Triplicate. This includes specifically the bid cover page, the bid signature section (.A,2), any section on which annotations are required or exceptions are taken, the bid schedule (F), and any supporting documentation or literature being submitted with your bid. A I.q- It is the bidder's responsibility to assure that Bids are received in the City of Stuart Procurement & Contracting Services Office, 121 SW Flagler Avenue, Stuart, Florida 4994, not later than 2:30 p.m., can the day and date shown above. Any received after this date and time will not be accepted or considered, and will be retained unopened to the bidder. No telegraphic or facsimile offers will be considered. A1.5 Bids will be publicly opened and read aloud at the designated location at City [Tall on the above appointed date at 2:30 p.rn. or as soon as possible thereafter. A 1.6 Bids may not be withdrawn for a period of 0 dans after the public opening date. A 1.7 Bidder's attention is specifically called to the terms and conditions of this solicitation. A 1.8 Please check, your prices before submitting your bid, as no change in prices will be allowed after the opening. All prices and notations must be in ink or typewritten. Be sure your bid is signed. A 1.9 All items quoted must be in compliance with the specifications. Alternate bids will not be considered unless they are specifically called for in this solicitation. A1.10 Any actual or prospective bidder- who protests the reasonableness, necessity or competitiveness of the terms and/or conditions of the invitation to bid, selection or award recommendation shall file such protest in writing to the Stuart City Manager with a copy to the City Procurement& Contracting Services Manager. Al.I I Questions relative to interpretation of specifications or the solicitation process shall be addressed to the Procurement Division at purchasrn+ ��rici.stuart_t1_ s, in writing, in ample time before the period set for the receipt of bids. Any interpretations, clarifications or chansoes made will be in the farm of written addenda issued by the Procurement Office.. Oral answers will not be authoritative. A1.12 Bidders must register with DemandStar in order to receive all required documents and notification of addenda. Register for FREE at httpai\,vww.onvia.com/demandstar- subscriptions, 1 1 FT, ITB No. 2019-100: Chemicals-WTP/WI2F Page 2 Page 489 of 1161 A2 BID SIGNATURE SECTION A1 This sheet must be signed by a person authorized to sig=n for your firm and returned with your bid. Failure to comply will result in disqualification of submittal. A2.2 Delivery shall be a factor in award. Failure to perform within delivery deadline(s) set forth in the specifications or any other contract docurnent shall constitute default. A2.3 Section Not Used A2.4 The City reserves the right to reject any or all bids, without recourse, to waive technicalities or to accept the bid which in its solejudgment best serves the interest of the City. Cost of submittal of this bid is considered an operational cost of the bidder and shall not be passed on to or be borne by the City. A2.5 Goods. services, supplies or equipment covered 'en the specifications shall be delivered F.O.B. Destination. A2.6 The City may accept any item or group of items on any bid unless the offeror qualifies his bid by specific limitailons. A2.7 Bidders are requested not to contact the City Commission, requesting/evaluating Departments or Divisions from the time of the issuance of' the solicitation or- advertisement until such tirne as the agency provides notice of an intended decision or until 30 days after opening `the bids, whichever is earlier. Any questions from bidders or evaluating Departments or Divisions will be answered through the procurement Division. A2.8 If not bidding any or all items, please so state on Attachment E. A19 Bidders are expected to examine the specifications.. delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. in the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. Bids having erasures or corrections must be initialed in ink by the Bidder. A2.10 Failure to comply with these instructions may result in disqualification of your bid. Taunt" c- ` jct��rt,*eta Ct9t�a4 Firm Name Date Ennail Address —Jki� Authorized Signature telephone Number (Manual) Nil �� .r' w, � Mfrs AJAI,,t'J � (2fs) yjZ - 77q 1 Name/Title (l'l ase Print) Facsimile Number Any questions regarding this Invitation to Bid should be addressed to the Procurement & Contracting Services Office. City of Stuart, Florida. Contact Purchasing: Email. purchasrnL,.�:ci.stuart.fl.uso and Fax 9 (772)600-0134. ITB No, 201.9-100: Cliernicals-WTI'/WRF Page 3 Page 490 of 1161 P. GENERAL PROVISIONS B1. Payment/Invoicing: No payment will be made for materials ordered without proper purchase order authorization. Payment cannot be made until materials, goods or services have been received and accepted by the City in the quality and quantity ordered. Payment will be accomplished by submission of invoice, in duplicate, with Purchase Order Number referenced thereon and mailed to: Financial Services Department_, 121 S.W, Flagler Avenue, Stuart, FL, 34994. Payment in advance of receipt of goods or services by the City of Stuart cannot be made. B2. Purchasing Card Program: A. Preferred method of payment is by means of the City of Stuart Purchasing Card (VISA). The selected Bidder(s) can take advantage of this program and in consideration receive payment within ten (10) days, instead of the City's policy of Net 30 Days After Receipt of Invoice (.ARI), B. Bidders are requested to acknowledge acceptance of purchasing VISA card on the Bid Schedule. In the event of failure on the part of the Bidder to make this staternent, the City shall assume the purchase or Contract price shall be governed by the Net 30 ARI. C, The City of Stuart offers bidders who commit to accepting the Purchasing Card as payment, a one percent (I%) reduction in their bid price for evaluation purposes only. When evaluating prices submitted by bidders in response to this solicitation, the total offered price of a bidder committed to accepting the Purchasing Card will be reduced by one percent, the resulting number is then compared to the other bidders' offered price. If the committed bidder is awarded the contract, the award will be at the original bid price. City shall not pay any service charges or fees for Pcard transactions. 133. Fund Availability: Any contract resulting from this solicitation is deemed effective only to the extent of appropriations available. B4. Permits/Licenses/Fees: Any permits, licenses or fees required will be the responsibility of the successful bidder, no separate payment will be made. Adherence to all applicable code regulations (Federal, State, County, City), are the responsibility of the successful bidder. Confined space permit may be required from the City of Stuart. Please see Section B23. Safety Standards. Ba. Taxes: The City of Stuart does not pay Federal excise or State sales taxes. Cour tax exemption number is 85-8012740159C-6, B6, Warranty: The bidder shalt state the warranty offered against defective workmanship and material, if required, as specified in Section C-Special Provisions. B7. Independent Pricing: By submission of this bid, the bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, that in connection with this procurement: I'M No. 2019-100: Cheinicals-WTP/WRF Pa(e 4 Page 491 of 1161 A. The prices In this bid have been at-rived at independently. without COI-ISUItation, communication, or agreement with any other offeror or with any competitor for the purpose of restricting competition, or in any other way influencing the competitive arena. B. Unless otherwise required by law, the prices, which have been quoted in this bid, have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly to any offeror or to any competitor. C. NO attempt has been made or will be made by the bidder to induce any other pet-son or firm to submit or to not submit a bid for the purpose of restricting competition, or in any other way influencing the competitive arena. B8. Inspection/Acceptance Title: Inspection and acceptance will be at the City of Stuart's ordering department/division unless otherwise stipulated. Title and risk of loss Or damage to all items shall be the responsibility of the vendor until accepted by the using department of the City. unless loss or damage reSLI]tS from negligence by the City or it's LISino Department. B9. Changes: the City of Stuart reserves the right to order, in writing, changes in the work within the scope of the contract Such as change In quantity or- delivery schedule. The contractor has the right to request an equitable price adjustment in cases where modifications to the contract Linder the authority of this clause result in increased costs to the contractor. B f 0. Liability: The vendor shall act as an independent contractor and not as an employee of the City Of Stuart. The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees, firom damages arising from the vendor's performance of, or failure to perform, any task or duty required to be performed by the vendor. B I I Conflict of Interest: All offerors must disclose with their offer the name of any officer, director, or agent who is also an officer or employee of the City of Stuart. Further, all bidders must disclose the name of any City officer or employee who owns,, directly or indirectly an interest of ten percent (10%) or more of the bidder's firm or any of its branches. B 12. Termination for Convenience: The City of Stuart reserves the right to terminate the Algreernent in whole or part by giving the vendor written notice at least thirty (30) days prior to the effective date of the termination. Upon receipt of termination notice from the City, the vendor shall only provide those services specifically approved or directed by the City. All other rights and duties of the parties under the Agreement shall continue during such notice period, and the City of Stuart shall continue to be responsible to the vendor for the payment of any obligations to the extent such responsibility has not been excused by breach or default of the vendor. ITB No. 2019-100: Chemicals-WTWWRF Noe 5 Page 492 of 1161 Upon termination, vendor shall bill the City of Stuart for all amounts not previously billed and due the vendor at that time. The vendor shall not be entitled to a professional fee nor to expenses for any work commenced or expenses incurred after the vendor received the notice of termination, unless specifically approved or requested by the City. The vendor shall however. be entitled to payment for set-vices commenced and approved by the City prior to the receipt of notice, or with the express written consent of the City, prior to the effective date of termination. B 13. Termination for Default: The performance of the Agreement may be terminated by the City of Stuart in accordance with this clause, in whole or in part, in writing, whenever the City shall determine that the contractor has failed to meet performance requirement(s) of the Agreement. B 14. Venue: Any contractual arrangement between the City of Stuart and the vendor shall be consistent with, and be governed by, the ordinances of Martin County, the City of Stuart, the whole law of theState of Florida, both procedural and substantive, and applicable federal statutes, rules and regulations. Any and all litigation arising under any contractual arrangement shall be brought in the appropriate court in iMartin County, Florida. B 15, Contract Modifications: In addition to changes made under the changes clause, any contract resulting from this solicitation may be modified within the scope of the contract upon the written and mutual consent of both parties, and approval by appropriate legal bodies in the City,-of Stuart. B 16. The Contract: Notice of award by the City of Stuart will constitute acceptance of the Bid. This bid package, including all terms, conditions and specifications, signed by the successful bidder alon- with the documentation included in the bidders submittal as required by this Invitation to Bid and other additional materials submitted by the bidder and accepted by the City shall constitute the contract. After notice of award, a valid certificate of insurance shall be issued to the City within 10 days. A purchase order will serve as the contract with an effective date of October 1, 2018. B 17 Force Majeure: Neither party to this agreement shall be liable to the other for any cost or damages if the failure to perform the agreement arises out of causes beyond the control and without the fault or negligence of the parties. Such causes may include, but are not restricted to, acts of God, fires, quarantine restriction, strikes, and freight embargoes. In all cases, the failure to perform must be totally beyond the control and without the fault. or negligence of the party. The delivery schedule, if applicable, shall be extended by a period of time equal to the time lost due to such delay. B 18. Proposal as Public Domain: All documents and other materials made or received in conjunction with this project will be subject to public disclosure requirements of chapter 119, Florida Statutes. The bid will become part of the public domain upon opening. Vendors shall not submit pages marker! "proprietary" or otherwise restricted" tTB No. 2019-100: Chemicals-WTP/WRF Page 6 Page 493 of 1161 B 19. Equal Opportunity: The City of Stuart recognizes Lair and open competition as a basin tenet of public procurement and encourages participation by minority and women owned business enterprises. The City requests minority and women owned business enterprises submit evidence of certification with submittals.+ B20. Assibnment & Subcontracting: The successful bidder will not be permitted to assign its contract with the City, or to subcontract any of the work requirements to be performed without obtaining prior written approval of the City of Stuart, B"21, Insurance:. The contractor shall, during the entire period of performance of any contract resulting from this solicitation, procure and maintain at least the minimum types of insurance as stipulated in the insurance attachment to this solicitation. Proof of such insurance must be provided to the City prior to beginning any contract performance. B22. Additional Terms and Conditions: No additional terms and conditions included with the bid response shall be evaluated or considered; any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently appearing separately in transmitting letters, specifications, literature, price lists, or warranties it is understood and agreed the general and special conditions in this solicitation are the only conditions applicable to this bid and the bidders authorized signature affixed to the bid signature section attests to this. B23. Safety Standards: All contractors and sub-contractors shall adhere to all Federal, State., County and City safety regulations and requirements. The City of Stuart safety manual is available for use by any vendor contracted to provide services, supplies and/or equipment to the City of Stuart, B24. Public Entity Crimes: Pursuant to the requirements of Section 287, Florida Statutes, all vendors are subject to those provisions pertaining to Public Entity Crimes and the Convicted Vendor List. 13?5 Scrutinized Companies List: Pursuant to Sections 287.135. 215.4725, and 215.473, of the Florida Statutes which prohibits agencies frorn contracting with any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List.. participation in the Boycott of Israel, the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and is not engaged in business operations in Cuba or Syria are prohibitedFrorn contracting for goods or services in any amount at the time of submitting to this ITB through the term of this contract, including renewals or extensions. 1T firm is found negligent, contract shall be terminated, and submission of a false certification may subject firm to civil penalties. attorney's fees, and/or costs; may not transact business with any public entity for a period of 36 months. Questions regarding this statement should be directed to the State of Florida., Bureau of State Procurement (850)488-8440 01,13 No. 2019-100: Cheinicals-WTP/WRF Page 7 Page 494 of 1161 B26 Public Records Relating to Compliance, Request for Records; "noncompliance, & Civil.action Note: If the Contractor has questions regarding the application of Chapter 119, Florida Statutes, to the Contractor's duty to provide public records relating to this contract, contact the office of the City Clerk as the custodian of Public Records for the City of Stuart, and all the respective departments at 772-288-5306 or PuhlieRecordsReguest�.ci.stuar-t.fl.us, City of Stuart, City Clerk 121 SW Flagler Avenue, Stuart, Fl. 34994 per F.S. 119.12. In compliance with F.S. 119.0701 the Contractor shall: A. Keep and maintain public records required by the public agency to perform the service. B. Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law, C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. D. [Upon completion of the contract. transfer, at no cost, to tite public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor shall destroy any duplicate public records that are exempt or confidential and exempt born public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. E. A request to inspect or copy public records relating to a public agency's contract for services must be made directly to the public agency. ff the public agency does not possess the requested records, the public agency shall immediately notify the contractor of the request, and the contractor must provide the records to the public agency or allow the records to be inspected or copied within a reasonable time. F. If a contractor does not comply with the public agency's request for records, the Public agency shall enforce the contract provisions in accordance with the con tract, G. A contractor who fails to provide the public records to the public agency within a reasonable time may be subject to penalties under F.S. 1 19.10. ITB No. 2019-IM Chemicals-WTP/WRF page g Page 495 of 1161 11. If a civil action is filed against a contractor to compel production Of Public records relating to a public agency's contract for services, the Court shall assess and award against the contractor the reasonable Costs of enforcement, including reasonable attorney fees, if: I The Court determines that the contractor unlawfully refused to comply with the public records request within a reasonable Lime, and 2. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, linclUdinc, a statement that the contractor has not compiled with the request, to the public agency and to the contractor, A notice complies with subparagraph 2 above, if it is sent to the public a,,encv's I I custodian of public records and to the contractor it the contractor's address listed on its contract with the public agency or to the contractor's registered agent. Such C, notices Must be, sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, vvith postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format, J. A contractor who complies with a public records request within eight (8) business days after the notice is sent is not liable for the reasonable costs of enforcement. C. SPECIAL PROVISIONS C I Intent: The City Of Stuart Is seeking qualified and experienced vendors to furnish and deliver the specified chemicals on an "as needed" basis, in full accordance with the specifications, terms, and conditions contained in this Invitation to Bid (IT13). C1 Minimum Requirements: The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Failure to fully submit the requested information may result in the bid being considered non-responsive. A. Bidders are to provide a minimurn of three (3) satisfactory references within the past five (5) years of similar accounts and size on the City provided form. Bidder is responsible for verifying correct phone numbers and contact Failure to provide accurate data may result in the reference not being obtained or considered, B. Bidder must be an authorized agent, dealer, seller, or distributor for the sale and distribution of product, C. Completion and submission of Questionnaire attached herein. C3. References: As part of the evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints, Bidder's submission of bid constitutes acknowledgment Of'the process and consent to investigate, City is the sole Judge in determining Bidder's qualifications, ITB No. 2019-1W Chemicals-WTP/WRF pa-C 9 Page 496 of 1161 C4, Qualification of Bidders: This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified. Bids will be considered from firms who have adequate personnel and equipment and who are SO Situated as to perform prompt service. Bids will be considered only from firms which are regularly enciaged in the business as described in this bid package- with a record of performance of not less than five (5) years, which have sufficient financial Support, equipment, and organization to ensure that they can satisractonly execute the set-vice if awarded an Agreement under the terms and conditions herein stated. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practice in the industry and as solely determined by the City, C Quality: The City will make the sole determination as to the suitability of goods when quality is a question or concern. C6, Minimurn Payment Terms: Minimum payment terms shall be Net 30 days, unless payment by Visa Purchasing Card net 10 days. C7. F.O.B. Point, F.O.B. point is destination for all deliveries, (See Section 175). C8. Firm Prices: The prices offered shall remain Firm for the period of any agreement reached as a result of this invitation to bid. Z� C9. Other Entity Use: The successful bidder(s) may be requested to convey their bid prices, contract terms and conditions, to Municipalities or other oovernmental agencies within the State of Florida. C 10. Silence of Specifications: The apparent silence of these specifications and any addenda hereto, as to any details: or the omission from it of a detailed description concerning any point shall be regarded as mearting that only the best commercial practices are to prevail 1 1117 - and that the service provided shall be complete and without additional requirement to the utilizing public entity. All interpretations ofthese specifications shall be made upon the basis of this statement. C 11. Attachments: There are six (6) attachments to this Invitation to Bid. The successful bidder must comply with attachments as follows: Attachment A Insurance Requirements —Proof of ability to obtain insurance to be submitted with bid document. Attachment B (qualifications/Experience of Bidder Attachment C References Attachment D Bidder's Checklist Attachment E Statement of No Bid Attachment F Request for Information D. AWARD OR REJECTION OF BIDS 1. Award of Contract: The City or Stuart intends to award to the most responsive responsible bidder with the lowest bid. The purchase order will serve as the notice to proceed and the contract. ITB No. 2019-100: Chemicals-WTP/WRF Page 10 Page 497 of 1161 D?. Method of Award: The City intends to award this bid to a Primary bidder. Award of the primary will be determined in order of responsiveness, delivery„ acceptance of purchasing card program, materials and service proposed, along with bidder's qualifications, adequate organization, and personnel to ensure prompt and efficient performance of wort: to the City. After the bid has been awwarded, the Primary bidder will be used in every instance of ordering products as long as their firm is capable of delivering the product/material in question within the time specified in this bid. if the Primary bidder is not able, to deliver the product in question within the specified tirne, the City reserves the right to contact the secondary bidder with the subsequent lowest responsive responsible bid accordingly. D3. Modifications: This bid shall be awarded only to a responsive and responsible bidder. Bidder hereby certifies that the terms and conditions, including but not limited to, the scope of work have not been altered or modified in any manner. Any modification to this solicitation by the bidder will result in bidder's response being found non-responsive and thereby'disqualified. D4. Best Prices: Award will be made without further negotiation based upon competitive bids: therefore your best prig; should be submitted in response to this invitation to bid. D5. Rejection of Bids: The City of Stuart reserves the right to reject any or all bids with or without cause when such rejection is in the best interests of the City, at the City's sole determination. The City also reserves the right to reject the bid of a bidder who has previously failed to perform properly or complete on time contracts of a similar nature, or whom investigation shows is not in a position to perforin the contract. Dfi. Determininb Responsibility: In determining responsibility, the following qualifications will be considered by the Procurement R Contracting Services Manager. A. The bidder's ability, capacity and skill to perforin tlae contract or provide the service within the tirne specified. B. The reputation,judarnent and experience of the bidder. C. The quality of performance of previous contracts or services including previous performance with the City. D. Previous and existing compliance by the bidder with laws and ordinances relating to the contract or service. E Financial resources of the bidder to perform the contract or provide the service. F. Ability to provide future maintenance and service for the use of the subject of the contract. G. Whether the bidder is in arrears to the Citv on a debt or contract or is a defaulter on surety to the City, or whether the bidder's taxes or assessments are delinquent. ITB No. 2019-100: Chemicals-WTP/WAF gage I 1 Page 498 of 1161 D7. Contract Terms: At all times during the term of the contract, the Successful Contractor shall act as an independent Contractor and at no time shat( be considered an anent or partner of the City. A. Contract Period: This contract shall be awarded for an initial term of one (I) year subsequent to approval by the City Commission effective October 1, 2018. The contract may be renewed for two (2) additional one year periods provided both the successful bidder and the City agree and all terms and conditions remain the same. Any contract or amendment resulting from this solicitation shall be subject to fund availability and mutual written a-reement between the City and the successful bidder. Extension of the contract for additional thirty (30) day periods, not to exceed 6 months, for the convenience of either party shall be permissible at the mutual consent of both parties. B. Option to Extend: The performance period of any contract resulting frorn this solicitation may be extended upon mutual agreement between the contractor and the City of Stuart with no chante in terms or conditions. Any extension of performance period Under this provision shall be in one-year increments. The contract may be renewed for two (2) additional one-year periods, provided both parties are in agreement. Total contract length, including individual one-year extensions, shall not exceed three (3) years. Prior to each annual renewal, the City may consider price adjustment(s) only when a written request is received a minimurn of ninety (90) days prior to the renewal date for review and approval by the City. Any price increases must be reasonable with justification, documented' and approved by the City of Stuart. It is also expected that de-escalation of prices will be extended to the CILN-' If the market so reflects. C. Contract Amendment: The City may require additional 'Items of a similar nature, but not specifically identified in the contract. The Contractor agrees to provide such item/services, and shall provide the City prices on such additional items or services based upon a formula or method which is the sat-tie or similar to that used in establishing the prices in this bid. If the price(s) offered are not acceptable to the City, and the situation cannot be resolved to the satisfaction of the City, the City reserves the right to procure those items/services from other vendors or to cancel the contract. Furthermore, the City reserves the right to delete or revise iterns and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. Items revised must be mutually agreed upon in writing by the Contractor. D. Non Exclusive Contract: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or 'Identical services at its sole option, DS. Method of Ordering: A blanket purchase order shall be issued for the term of the award. The department(s) will order requirements) on an "as needed" basis. All teri-ris, conditions and prices of the bid are applicable. Only, awarded bid items may be purchased. Vendor is to take all necessary steps to insure this requirement. Invoices must reference Purchase Order. ITB No. 2019-100: Chem icals-WTP/WRF Page 12 Page 499 of 1161 D9. Quantities: The quantities specified are bused on annual estimates. The City of Stuart mares no guarantee red==ard no the quantity to be purchased and reserves the ri-ht to increase or decrease the total quantities, as necessary, to meet actual requirements. D t). Performance: The City heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded vendor for future consideration and/or reference purposes. The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. - E. SCOPE. OF SERVICE E I. General Information: The purpose of this bid is to purchase various chemicals on an "as needed" basis delivered to the City of Stuart locations as designated on the purchase order shall include all labor, materials, supplies, transportation, and related services. Chemical will be ordered on an "as needed" basis for the term of the agreement. E2. Material Safety Data Sheet and Certificate of Analysis: In compliance with Florida's Occupational Safety and Health Statute (Chapter 442) any commodity delivery as a result of this bid must be accompanied by a current MSDS and Certificate of Analysis (COA) with bid packag=e submittal and with each receipt of order. Note: It is incumbent upon all bidders to include information sufficient in detail to allow for an informed decision process. E 3. Codes & Regulations: Goods must be in accordance with the followin0: 4 National Science Foundation(NSF) • American Water Works Association(AWWA) • Conformance with any other applicable local codes and standards E4. Contractor Responsibility- The bidder shall be €c, responsible for the tection of property in the areas AA appointed for delivery against spills. Contractor is responsible for clean-up of any spills. R. It is hereby made a part of this aureement that before, Burin- and after a public emergency, disaster, hurricane, flood or Act of God that the municipal government, through the City of Stuart, shall require a "first priority" basis for .goods and services. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety. E5. Delivery requirements: A. All prices quoted shall he F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims). The successful bidder shall be fully responsible for any and all travel expenses and/or ITISJo. 2019-100: Chemicals-WTP/WPF Page 13 Page 500 of 1161 delivery/transport charoes to and trona destination. Exact delivery points will he indicated on the purchase order. All bid prices shall be delivered price;. The City Will not be responsible for separate delivery fees. B. Delivery is requested within 72 hours after receipt of' purchase order. Delivery coordination shall be made in advance with the City's Project Maria{oar. "4o deliveries will be accepted before 7:00am or after 3:00pm. The City will not be responsible for separate delivery flees. Sack-orders shall be made known to the City at time of order placement. Failure to supply deliveries within requested time period may result in contract cancellation. Delivery location is as specified below. Water'Treatment Plant: 1002 Palm Beach Road, Stuart.Florida 34994 ® Water Reclamation Facility: 301 SE Styprnann Boulevard, Stuart, Florida. 34994 E6. Quality,assurance& Returned Goods. All material shall conform to Florida Department of Transportation Standard Specifications latest edition. The successful bidder upon receipt of a purchase order shall assure the product conveyed is of the correct quantity and meets all specifications of the bid, purchase: order and order release. Material, which does not meet bid and purchase order specifications and requirements, including quality standards, shall be subject to ret-urn to the vendor,at the expense of the vendor. ET Alternate/Exceptions, The Bidder shall be responsible for reading very carefully, and understanding completely, the requirements and the specifications of the aen-s requested. Any deviation from specifications listed herein must be clearly indicated„ otherwise it will be considered that items offered are in strict compliance with these specifications, and the successful bidder will be held responsible therefore; exceptions must be explained in detail on an attached sheet(s) and itemized by number. Any item(s)that does not meet City specifications upon delivery will not be accepted and if the item cannot be brought up to specifications in a reasonable time, the Bidder will be required to compensate the. City for the difference in price entailed in goinIg to the next qualified bidder. Bidders offering equivalent items must meet the exact physical data given for the "as specified" item. E& Technical Specifications: The intent of this solicitation is to receive bids for the product speeifjed. The materials specified cannot be substituted with any other materials. City of. Stuart personnel shall make all determinations of equivalence and compliance with specifications. Those determinations shall be final. These specifications are based on a particular level of performance required to be responsive to this ITB, Determination of whether an alternate product be offered, a detailed description of specifications must be submitted and included with your bid. Failure to comply will result in disqualification of the bid submittal as nonresponsive. Vendors will describe how they comply when asked to specify their compliance. 11-B No. 2019-100: Chemicals- WTP/WRF Pa(Te 14 Page 501 of 1161 Technical Specifications Item E heroical Physical Data Individual Compliance Used at No. T4escription Shipment WTP Quantities "wYVV'TP I Liquid Sodirim Nt usnnum use lc%Cl tai Sodium hs per l lorrte under 5,000�.allan Yes [ No ❑ Ly"`(`P Hypochlorite NSPANSI Standard 60 Maximum use in potable combined WW 1l' tsater is S4 mgll,tat 12.54 bleach and 100 tazuiL for delie'eries, Canker 10.591,bleach Density I.lO-I. O.SpG(121/lw L202 Truck Color:hquid=green-yellow Minimum strength of 120 grams per liter (12 trade percent by volume) Contaminant conceno•ation limits: Icon<0.3 rno/L Copper-0 3 mgrl. Nickel:<0 m Chiorate _?500 mglL Bromate<20 rng L Perchlorate<20 mc„L Suspended Solids I"est TIRIC c 3 minutes The suspended solids in the sodium hypochlorite delivered under this contract shatf be minimized and the shipments delivered shall achieve a filtration bone of less than 3 rninutes for 1,000 ml when applying the "Suspended Solids Quality 1`est l'or Bleach Using? [he Vacuum Filtration" Method co-deti�eloped by Dr.Bernard Hubnis of NovaC licrn. 2 Anhydrous SpG 0.62'u:60 F,pli- 11.6(1 N sol,in water)9i City or%,ns ea 1,000 Yes No � WTP Ammonia � volatile by%olume: 100 gal rrrik, Solubility;in-warer:33MF, it 68F The a%erage Vapor dcnsitw 0.6 ri,32 F delk,ery sire is 600 14et llur ical Grade Anhvdrotts Ammoniagals/"%000 lbs 3 I Iydrotiuorosilicu 12.3 23°o AVr'4ti`.i Standard 1370 -O6 000 gallon `r'es �No � WTP Acid do more than 0.020'!o h t y Metals(tilcrcury,Lead, deliveries, ranker Bismuth_and Copper expressed as lead, Truck t47d ' 4 H'' ,chlortc Acid 20 B tune,3 C 45°/ ac€ice ingredients 55 gallon drums, Yes ❑ a WTP I.4,1%(muriatic 68.550 [Wert Flat-bed 3 ruck acid') (M druans) 5 Sadiurn Contain not less than 669 phosphorus pento tde,?ti? 50 pound multi- Yes �No � WTP 1lexametphasphrae phosphorus,tar 80.4%phosphate on an as is basis,p1l walled,moiancre of 10%solution 5.7—7.3 proof bags. The Apical order sire will be one(I)pallet oE'5()hags Enclosed Truck- t50 ruckt50 lbs each). with lift-gate 6 Anionic Dry173S 730: Anionic polymer is used in the Wator 50 pound multi- Yes ®No WI P Polymer with a 3(l Treatment Plant to settle out suslacr,ded matter in the ualied.moisture positive charge a s water. prodfDa,s, Pokerner concentration must be= F" REVISED BID SCHEDULE: In accordance with the terms, conditions and specifications, the undersigned kidder hereby submits the I'ollowing prices for supplying The Cityof Stuart vvith the goods and/or services called for in. Bid X2019-1 W Item Description Estimated Unit of Unit Price Annual No. Quantity Measure Price Liquid Sodium Hypochlorite 120,000 GAL 1'1 .� ,> I � � '_' AnhydrousAinmon ia 18,250 [..B $ 1 1q :' '-`at lfydrofiuorosilicic Acid 3,0003 GAL � ri -\j�; 3 H- drochloric Acid 31.45% 1,100 GAL 5 Sodium Hexam etaphosphate 19,000 LB S , j S . 6 Polymer,anionic-granular 2,600 LB f ` S 7 Polymer, cationic liquid 1,430 GAL. S A � $ � e,r Lem(s) -0,,erall Total forall items that apply S F.O.B. Destination: #49-7LI-fours for Delivery after receipt of order(ARO), if less than 72 hours i Preferred method of payment is by the City Purchasing Card(VISA), DO YOU ACCEPT THE PURCHASING CARD(VISA):' Yes � vo IS] 1 he C'tt cvf.5ttrcar t qffets bidders 1070 cornmil to accepting the Purchasing Card, noted above in the Bid Schedule as payment method, a rine percent ti f) reduction in their bid price j r evaiuution proposes on/),' fphen ev,111aling pr ices submitted by bidders in response to this sohcitattwn the foul offered price of a bidder cr_omitted to acceptin,; the Purchusing Card ivill be reduced by one percent, the resulting number is then compared to the other bidders' o fered price, if the cornrnitted bidder is awarded the contract, the sward will be cit the or ilinaliv bid price. City shall not paj,unv service chcrr;es or fees for Pcard trcrm(lctlons. If you are riot the successful bidder awarded as prianary provider, would you accept serving as the secondary (back-up)provider, wkith the same terms as conditions as your bid?Yes No Is Bidder offering the above product as specified? Yes No If No, bidder is to indicate their equivalent below and attach product literature. Item 9: Product teem 9: Product Item #: Product Item#: Product Company Name: ` (�. r, r t ,rt Cate: ITB No. 2019-100: Chemicals-WTP/WRF Revised Pa"e 16 Page 503 of 1161 All Prices will remain firm for a period of'forty-live (45)days from the date of Bid opening I - 1. The undersigned bidder has not divulged to, discussed with, or compared this bid with the other zn I I bidders, and has not colluded with any other bidder or parties ics to a bid whatsoever. Further, the undersigned guarantees the truth and accuracy of all statements and answers contained in this is invitation. The undersigned bidder hereby certifies that the invitation to bid has not been altered in any manner, and that bidder has received all the Addenda listed below and has incorporated them into his Bid listed herein. Failure to acknowledge the above requirements will render the bid non- responsive and no further evaluation of the bid will occur. ACKNOWLEDGEMENT IS HEREBY MADE OF RECEIPT OF' ADDENDA ISSUED DURING THE SOLICITATION PERIOD: ADDENDUM -,4—j—`THROUGH ADDENDA Company Name: Date: Name of individual submitting Bid: Email address: �ck fe-s ph: LqI�) 371 -)?-21 AUTHORIZED SIGNATURE: ITB No. 2019-100: Chemicals-WTP/WRF Revised Page 17 Page 504 of 1161 ATTACHMENT A INSURANCE REQI.IIR1hivIF..NTS The successful bidder shall not commence any work in connection with this agreement until it Inas obtained all of the following types of insurance and the City has approved such insurance. Nor shall the successful bidder allow any subcontractor to commence work on its subcontract until all similar insurance: required of the subcontractor has been so obtained and approved. Proof of the following insurance will be furnished by the successful bidder by Certificate of Insurance, which names the bidder, its officers, board members, employees and agents as additional insured on General Liability and Automobile Liability insurance policies. Such certificate must contain a provision for notification of the City 30 days in advance of any material change or cancellation. The City by and through its Risk Manager, reserves the right to review, modify, reject or accept any required policies of insurance, including limits coverages or endorsements, herein from time to time throughout the term of this contract. All insurance carriers must have an A.M. Best Rating of at least A: VII or better. When a self-insured retention or deductible exceeds $5,000, the City reserves the right, but not the obligation, to review and request a copy of bidder's most recent annual report or audited Financial statement. All contractors including any independent contractors and subcontractors utilized must Comply with the following Insurance requirements: I. Commercial General Liability including Bodily Injury/Property damage, Personal & Advertising Injury and Products/Cornpleted Operations coverage for at least $x,000,€100 Limit per claire. Products Liability shall extend coverage for pollution conditions that arise from chemicals manufactured, sold or distributed. The City shall be included as Additional Insured and policy shall contain a waiver of subrogation ri2hts endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non-renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 vears. 2. Pollution Liability and Remediation Legal Liability coverage for at least 55,000,000 Limit per claim. This shall provide coverage for loss, remediation expense and legal defense expense for sudden and gradual pollution conditions. The City shall be included as Additional Insured, policy shall contain a waiver of subrogation rights endorsement and coverage should respond as primary. If the policy is written on a claims made basis, the retroactive date shall be prior to or equal to the effective date of this contract. In the event the policy is canceled, non--renewed, switched to an occurrence form or there is a change in the retroactive date, the distributor shall purchase an extended reporting period rider during the life of the agreement of not less than 3 vears. 3. Commercial Auto Liability with limit of at least $1,000,000 per occurrence which provides coverage for any auto (owned, hired and non-owned) and shall not contain any ITB No. 2019-100: Chemicals-WTP/WRF Page IS Page 505 of 1161 exclusion for pollution legal liability as respects the transportation, loading and unloadinc of chemicals. The City shall be included as Additional Insured and the policy should contain a waiver of subrogation rights endorsement. 4. Worker's Compensation Insurance: The Contractor/Lessee/Service Provider shall tape out and maintain during the Fife of this Agreement, Worker's Compensation Insurance with limits equal to Florida Statutory requirements. Employers liability must include limits of at least $1,000,000 each accident, $1,000,000 each disease/employee, $1,000,000 each diseasehnaximum. A waiver ofsubrogation must be provided. Coverage Should apply on a primary basis. Should scope of work performed by contractor qualify its employee for benefits under federal Workers Compensation Statute, proof of appropriate Federal Act Coverage must be provided. D. Coss deductible Clause: The City shall be exempt from, and in no way liable for, any surns of money which may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Contractor and/or subcontractor providing such insurance.. 6. Certificates of Insurance: The Contractor upon notice of award will furnish Certificate of Insurance Form within ten (10) days. These shall be completed by the authorized Resident Agent and returned to the Office of the Purchasina Manacier. "f-his certificate shall be dated and show: (a) The name of the insured contractor, the specified job by name and job number, the name of insurer, the number of the policy, its effective date, and its termination date. (b) Statement that the Insurer will mail notice to the City at least thirty (30) days prier to any material changes in provisions or cancellation ofthe policy. (c) City shall be listed as Additional Insured on Commercial General Liability Insurance, Automobile Liability Insurance. NOTE: The City can decrease or increase these limits, depending an the project, at its sole discretion. Any insurance provided which does not meet the above requirements will not be deemed acceptable under the terms of this contract unless accepted in writing by the City's Risk Manager. ITB No. ?019-100: Chernicals-WTP/WRF -- Page 19 Page 506 of 1161 ATTACHMENT B -QUALIFICATION OF BIDDERS INFORMATION/QUESTIONNAIRE THIS IS A FILL-kBLIE FORM PartA- Qications Questionnaire ualif Information provided shall fully explain the firm's qualifications and experience of their Organization to provide chemicals for the City as stated below: (Bidders 111ay attach additional sheets, if necessary). Provide supporting documentation that Bidder is an authorized agent, dealer, seller, or distributor for the sale and distribution of product. IS SUpportin(IdocumentatiI on included" Yes No Part B—Other Information I Contractor to provide details of delivery of chemical. ��,,Aaj PIIC- ,em CAS �Dq le5o 4er, ;Lfe,[At �Pl4ilo �revo/ 0'-L�er- �Jove�- Provide office hours and contact information of staff responsible for coordination of services. Monday through Friday basis from (7:00 a.m. through 3:00 p.m.) 3. Please provide 24-hour Emergency Contact Information if different than above: 4. Number of year's organization has been in business. Se't-cr, OSS, 5. Have You any similar work in progress at this time'-.' Yes No 6. Submission of quality control program: Yes No C z1--j 7. Submission of Safety prograrn: Yes �No Company Name ."TaItAcK I' ;W C, ITB No. 2019-100: Chemicals-WTP/WRF Page 20 Page 507 of 1161 ATTACHMENT C REFERENCES Provide three (3) satisfactory references within the past Five (5) years of similar complexity, nature, and size of this project. #1 REFERENCE Company/Entity Name: 4 Address L P&A C C ity State Zip Code Contact Narne:Ani q Phone- No:( 3 gG ) NS J146� Fax:( 334, qs -,fi4j I Phone OLa VMS 0, Delivery Date: Location Type of Product Supplied brads 4"A Pa vS jig m o o -t overnmental r Private Dollar Value ofContract$ -142 REFERENCES Company/Entity Name: Address 8 , ar' City _'J'S "'Ife' State FI, Zip Code R7 14 Contact Name: a,I C�qv� Crww Title: 1,41re E-4W�C Phone No:( 321 ) 5�7 I8?-5Fax:( ftDelMal IA16 Ar 0' E cow ery livery Date: - Location Type of Product Supplied Azy wro W4 X�w Ak 0 -nment Dollar Value Vet 9 or Private of Contract$ #3 REFERENCES Company/EntityName: �elfqy �e ex e1 [Address 200 ;t-) 601 City City bejra �a Cee State F-L- Zip code 'o 'tN I Contact Name: -7a " Title: Phone No:(S6 I 2q� 7,311 Fax:( bA Delivery Date: Location Type of Produ t Supplied m4q 1w ftAl r,,4- Aka d?'eL', Al/' A061AlI?dl overnmental o Private Dollar Value of Contract$ Company Name I'Ltkek- IWC. .......... ITB No. 2019-100: Chem icals-WTP/WRF Page 21 Page 508 of 1161 ATTACHMENT D BIDDERS CHECKLIST This checklist is provided to assist each Bidder in the preparation ol`their bid response. Included in this checklist are important requirements, which is the responsibility of each Bidder to submit with their response in order to make their response fully compliant This checklist is only a guidelinne— it is the responsibility of�each Bidder to read and comply with. the Invitation to Bid in its entirety. Is Bid envelope marked(accordingly''? yes 7 N oF� r[S:111VilLatioEnto Bid cover page(page I)completed,signed and attached? yes ZNo 0 Is copy of bidder's valid BUSineSS TaX Receipt submitted? Yes No Is Ind Schedule Form completed, sinned and attached'? Yes No Is safety report and Quality program included'? Yes �`!o Is bid submitted in triplicate{one ori=?,anal, t�.vo copies) ? Yes F7NoBidder must submit proof that their firm name is registered. Gyula their Yes 2 No State of origin 71 Is proof of insurance included.' ! Yes[ J NoP7 Ts minimum Qualification of Bidders/Questionnaire information included? Yes 771 minimum Are Submittal Dorms completed and enclosed? yes zf,,ro 1 Is MSDS or COO submitted? Yes o El Are addendum (if any issued)signed and submitted Yes No Submit a copy of all Licenses, Certificates, or Registrations, held by Yes No Bidder is the Request for Information form completed, signed and attached Yes c•10 including W-9'? All prices have been reviewed for mathematical accuracy, all price Yes® o corrections initialed, and all price extensions and totals thoroughly checked. Company Name 1_� _�� �� t�� ��c• ITIS No. 2019-100: Chemicals-WTP/WRF Page 2.2 Page 509 of 1161 ATTACHMENT STATEMENT OF "NO ID" If you do not intend to bid on this requirement. please complete and return this form prior to date shown for receipt of bids to; The City of Stuart ProUiremem& Comractin'- Services Of ice, 121 S.W. Flasler Avenue, Stuart, Florida 3. 994. We have declined to bid on this solicitation for the following reasons. Specifications too "restrictive", i.e.. geared toward one brand or manufacturer(please explain below) Insufficient time, to respond to Invitation to Bid. We do not offer this product or equivalent. DOur project schedule would not permit us to perform. Unable to meet specifications. Unable to meet bond requirements, if required. Specifications unclear(please explain below). Other (please specif)v below). REMARKS: WE UNDERSTAND THAT IF THE "NO BID" LETTER IS NOT EXECUTED AND RETURNED, OUR NAME MAY BE DELETED FROM THE LIST OF QUALIFIED BIDDERS FOR THE CITY OF STUART FOR FUTURE PROJECTS. Typed-,Name and. Title Company Name Address Signature Title Telephone Number Date ITB No. 201.9-100: Chem icals-WTP/WRF Page 2 Page 510 of 1161 ATTACHMENT F I EQiTEST FOR L'�FORMA,TIC�N }Y z REQUEST FOR TAXPAYER IDENTIFICATION NUMBER SUBMIT WITH IRS FORM LL°-9 Dear Vendor: Federal Income Tax Law requires a Form 1099 with a valid taxpayer identification number to be fled for payments made in the course of conductinl- a trade or business. Further,these payments may be subject to Backup Federal Income Tax Withholding for all payees who have not submitted a correct Federal Tax Identification dumber at the time of payment. Please read this form and complete the information thereon before signing and returning with a_copy of your IRS'rl'9 Form. If°vou are a corporation, we will not issue you a Form 1099 (Reference: 1.6401=3(c)). However, kindly return this form to document your corporate status. In order to avoid the possibility of future payments bem- Held subject to Backup Withholdimjr at a rate of 31%, please complete die Form printed below and return this letter to the above address or E-mail request to: CitvACCQLnitsPw,ahle,a-ci.Sttrart.'t7,u VENDOR N.ANIE �us�ar r tr iP, t DBA: CORPORATE ADDRESS: CITY: STATE: ZIP: .6 TELEPHONE: ( 2tS p- 22 12Z_J FAX: (219 )_3_72_-_7,7,? ALTER` ATE PHONE: ( )tt COMPANY CONTACT NAME: � }- 'faen�?r EAIAILADDRESS, -ales TYPE OF CERTIFICATION 1.❑MBE 3. S13aA 5,7 DVBE ?. 4IAy'BE .�SDB 6Other: , ,711EABOVE INFORM4TION WILL BE USED FOR PURCtIASE ORDERS" RENHT TO ADDRESS: "? f CITE: ���� �.`� STATE: zip:m TELEPHONE; ( : � ) .� t " ,)z Z,, FAX: ( ) ALTERNATE PHONE: ( }_ COAIPAN4'CONTACT N:+rN11 . ,P4 _ 11-„, EMAIL.ADDRESS S t_ � TYPE OF ORGANIZATION' I. Corporation 3.� Sole Proprietor j.rGovernment.A envy 2. Dartnership 4 F-1 Individual 6.E Other, 1099 REPORTING STATES(Check One): 4'es I” I No TAXPAYER IDENTIFICATION NUMBER: Employer Identification Number: Print name of Taxpayer if using SSS: Under Penalties of perjury, I certify that this statement is accurate and complete. Si nature. � = Title: "4(Ll Date: %� ' t Phone: � i 2 > `� mmnnmi nil ITB No. 2019-100 Page 24 Page 511 of 1161 FormRequest for Taxpayer Give Form to the iRev.November 2017) Identification Number and Certification requester.Do not Department of the Treasury intemid Revenue Service 0-Go to wwwJrs.gov1FbrmM for instructions and the latest information. send to the IRS. 1 Name(as shown on your income lax return).Name is required on this line;do not leave this line blank. Tanner Industries,Inc. 2 Business name/disregarded entity name,it different from above Name show" n 'as' Tanner Industries, . in.-"an"a"d 2 Business 3 3 Check per. Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions apply only to following Seven tr es(codes a only S� following seven boxes. certain entities,not individuals;see CL instructions on page 3): n estate 8 El I I dividual/sole proprietor or ❑ C Corporation 21 S Corporation Partnership 0 Tust/T (D single-member LLC y Exempt pay%code(it any) Limited liability company,Enter the tax classification ir,=C corDoration,S=S corporation,R_-Partnership)bi Note;Check the appropriate box in the line acove tor the tax classification of the single-member owner, 00not check Exemption from FATCA reporting LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is .r another LLC that is not disregarded from the owner for U.S,federal tax purposes.Otherwise,a single-merinter LLC that cod Meryl NIA Q. a is disregarded from the owner should check the appropriate box for the lax dassificalion of its owner. Other(see instructions) & b Address(number,street,and W.Or Suite no,)See instructions, Requester's;name and address(optional) 2 Q) Uw 735 Davisville Road FL 3 6 City,State,and ZIP code Southarn ton,PA 18966 7 List account numbers) (optional) Taxpayer Identification Number(TIN) Fnter your TIN in the appropriate box.The TIN provided must match the name given on line I to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN)-However,fora Iresident alien,sole proprietor,or disregarded entity,see the instructions for Part 1,later.For other - _ entities,it is your employer identification number(IEIN).If you do not have a number,see How to get aII T7N, later. or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To GVe the Requester for guidelines on whose number to enter. 7-7-1 2 1 3 2 � 0 1 LOTOJ 3 F4 [� Certification Under penalties of perjury,I certify that: 1.The,lumber Shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2,1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)1 have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that t am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4,The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 3bOv0 if YOU have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return,For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions'to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part 11,later. Sign Signature at /I L ') U.S.persion b- _L,_1_J .11 rr"f'�L Here L4 1. ti�''I-I I LLI+ 11n Date 0, U General Instructions -Farm 1099-DIV(dividends,including those from stocks or mutual Section references are to the Internal Revenue Code unless otherwise funds) noted. a Form 1099-MISC(various types of income,prizes,awards,or gross Future developments.For the latest information about developments proceeds) related to Form W-9 and its instructions,such as legislation enacted -Fon-n 1099-8(stock or mutual fund sales and certain other after they were published,go to www.irs.gov/F"ormW9. transactions by brokers) *Form 1099-S(proceeds from read estate transactions) Purpose of Form *Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an *Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number *Form 1099-0(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption -Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S,person(including a resident amount reportable on an information return,Exampies of information alien),to provide your correct TIN. returns include,but are not limited to,the following. tfyou do not rl Form W-9 to the requester with a 77N,you might Form 1099-INT(interest earned or paid) be subject to backup withholding,See What is backup withholding, ,later. Cat,No,10231X Form W 9(Pe",11-2017) Page 512 of 1161 4 �h3 Eea � • Of �Auart 121 Sid'I laQiea:,NtiCIUIL + Stuart + Florid°,t',4991 L � r?4�<trtnent caf'I in fn ial S r is s Procwview and C'ontraetina Set-yiees Division Lenora Darden,CIT13 I-Iephone(772)288-i 308 Procurerwn( anagen Fax, (772)600-013 �arch a5�€ts r1,cd.;uian.fl.SEs ��tv1�.CitvE)Ir€t.�rt.�ss Date: July 25, 2018 'To: Prospective Bidders Subject: Addendum 41 to IiTB#2019-100, Chemicals for WTP/WRF ADDENDUM#1 The pUrpose of this addendum is to revise Item 42 Anhydrous Ammonia, unit of measure, from I-allons to pounds. The revised bid schedule is attached. All other terms and conditions of this ITB remain unchanged. This Addendurn shall be considered an integral part of the ITR and Contract Documents and Must be aeLnowled(,ed, signed and returned with your submittal by 2:30 p.m.. on August 8. 2018. Failure to comply will result in disqualification of your bid. z Lenora Darden. CPPB Procurement Manager City oFStuart, Florida Acknowled-ernent is hereby made of Addendum 41 to ITL# 2019-100, Chemicals for WTI'fWRF IT4wvia-e 11J, Signature Firm xAt 17 Ate; Date Email Address Addendum#1 to I'I"13#2019-100,Chemicals for W'I'f 1WRF Page 1 Page 513 of 1161 Tanner Industries, Inc. exceptions taken for Bid 92019-100 B. GENERAL PROVISIONS B10. Liability: The vendor shall act as an independent contractor and not as an employee of the City of Stuart. The successful bidder is required to indemnify, defend, and hold and save harmless the City, its officers, agents, and employees. from dama-es arising from the vendor's-negligent performance of: or negligent failure to perform, any task or deity regUired to be performed by the vendor. E. SCONE OF SERVICE E4. Contractor Responsibility: A. The bidder.shall be responsible for the protection of property in the areas appointed for delivery against spills, Contractor is responsible for clean-up of any spills to the exteni caused by contractor. Page 514 of 1161 v 32243,) AgCCWR�D CERTIFICATE OF LIABILITY INSURANCE .0 TEI, va-fny) 6/1/2 0 la NO RIGHTS LIPON THE CERTIFICATE HOLDER.THIS EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES TE A CONTRACT BETWEEN THE ISSUING fNSURER(S), AUTHORIZED EfutPiJRTANT: If the certificate hblcier is an ADC7iTILaNAL IPJSl3RED,the padicy(;esj must have ADDiTIC7NftL INSURED previsions or be endorsed. ! this coni does n orms an con trons of n.fer rights tOhe'certificate Maiderin lieu of PRODUCER CornmerciaJ Lines-(5101 2�5-6120 LJ&insuranCe SPvices Naficnal.Inc. 1018 W�9th Averue,9ji,,e 1co King of Prussia,PA i 9.1,06 N3URER,AN­� -autilua frsirarce Compa,,y 17:370 Hamler IndLsIries Division of Tr aLnCr;nOuq: res,jr1c INSURERS: Starr nd;9mniTy and Liability tem38313 -pary 735 Davis-villa Road !,!NSURERc; Asper Spec IartYinsurarceco Thirc Roor Southampton PA 18966-3220 1 1INSUR—E11 !NSURFR COVERAGES---C T I F I C A T E N U M B E.j7-T3�1 V,D'6; - A,- THE IFIAJGIES 01- Ey 1� LISTED BEj0 - ,,,J HAVL BEEN REVISION NUMBER: See below 1031 A7 'ESSUEE;-13 T r-E NSURED NAM=L)ABOVE'RE FOR THE POUCY^i1 A> THZ-ANDINO ANY ,1Q a'r CR RUIREVEN7 7-=P�kj �A CCN TION OF,"mowCONTRAC7 ORi OTHER DOC,�JME,NT W17H RESPEEC7 TO�%HICH TRICITHIS "A" S8 1SSLIED CR MAY PERTAIN, T;-F- INSURANCE AFFORrED BY-HE PGLICIES IS S�;SJECT 5AN2 COND i-1 TONS 3F SUCI-PGLK;IES.UMITS sHcv,,,,N MAY-1AVE BEEN RECUCFD BY D HEREIN 70 ALL THE TFRt,4S, Lrx Pr 01 INSU 11,111. 'AbOL'susw "L'y cy COMM ER"L GENERAL LA8€1.11Y GILP2011 1827-15)< 2, i!'2019 OCCUR .... ... ....... %1EDF/,P' CCU) GNA�3.ACV j NJUR'( L­MIT A�PLES"ER I—-­­-- ' _- , 1 ­�P() 17:o-1 %GG7, 3A-,,' X ! ...... U il ER, AUTOMOBILE LABIL!TY X W1 A�TZ: OWNED, ODI_Y NLFYP, U-7 78 ON-'e Au­H RK �0'1�-cljll"FD ....... NL U M11RE'-LA UAS EXACj-'a46 GM/01r2019 =ACH�-QCJR x EXCESS LAS C�AM84,1ADL DED ---------- 'NOR KE RS COMPENSATION AND EMPLOYERS* 9 x - -------- ANY UABILMY XECU'a,­ YYY 3c.oGi)i­18 '�6/0112013 OF L I N!A L. EACH ACCOrN 7 ---------- 'N' - Er denteofInsurance Only ?CERTIFICATE HOLDER CANCELLATION Tanner Industries,Inc. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 735 Davisville Road,3rd Boor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DEL) ACCORDANCE WITH THE POLICY PROVISIONS. VERED IN -Southampton PA 19866 AUTHORIZED REPRESENTATIVE The ACIDRD raattre and logo arc registered rzlark�of ACC3R0 Q 19&8-2015 AC�SRp CORPQRATfOhd. All rights reserved. ACORC7 25(20i fi103g Page 515 of 1161 -VT r�)OAD T H R D L',--)0 R A P' ,D1 !THA Tr'_DNj, Ri-\ 189`-6-33200 2'-,7-32`2-'!2238 FAX 2 15-322-7 It is the objective ofTannerIndListries. Inc. to provide a safe and healthy work environment to protect al I of our employees, the pUblic,and the environment. 'To accomplish this objective,jective, Tanner Industries, Inc. Will COMph, With all CLUTent Federal, State. and local health, safety. and environmental laws. We "ill develop the best possible operational processes, procedures, and policies to eliminate or control both known and potential safety, health. and environmental hazards. I fealth and safety are shared responsibilities. Each employee, from top management to SL1PCrViS0rS to each worker. MLLSt take ownership of their m safety and that of coworkers. Each employee is responsible for recognizing health and safety hazards and to correct them or report them to their supervisor in a timely manner. To fulfill these goals, management will: • Develop and enforce safety and health rules, as well as good management practices. and by rcqUiring all employees to cooperate wOth these rules and practices as a condition of employment. A copy of the safety rules are located in the Corporate Safety Manual, and management practices are located in the Process Safety Manaument Manual, which are available at each facility. • Train all employees. Each employee will be trained according, to the requirements of OSHA. DOT. EPA, and Company rUICS pertaining- to their respective jobs. A copy of each employee's training record will be maintained at the Corporate office. Each employee must follows all the health and safety policies and procedures required by their specific job functions. • Eliminate or reduce health and safety hazards. Hazards that cannot be completely eliminated will be reduced thrOLtoh engineering or administrative controls, and through the use of personal protective equipment, • Provide personal protective equipment. All protective equipment n1L1st nice[OSHA and/ or ANSI requirements. Tanner hiclUStries, Inc. is legally and morally bound to make sure that all employees wear the appropriate protective equipment at the proper time and in the proper environment. • Establish a Corporate Safety Committee to oversee safetv and health activities. We have implemented a program called Responsible Distribution (RD). Responsible Distribution is a comprehensive quality program dedicated to protecting the health and safety of employees. COMMUnities, and the environment and was developed by the National Association of Chemical DistribUtOrS (NACD). It is comprised oi'variOLIS codes and sub codes of mana,,emern practice which are documented and implemented. It Is a condition of DIVISIONS NATIONALAMM01MA, BO',XER AW,,10i''.;[;A AND `'--'HFUCAL, NiOPTHEASTEERN AMMONIA, HAVILF? INDUSTRIES Page 516 of 1161 membership with NACD and the program is third part,, verified to ensure all codes of rnanaoerrient practice policies and procedures are documented and implemented, We have successfully passed third party verifications for RD since 1995. Past verifications "ere completed by Underwriters Laboratories. Inc. (documentation verification - 1995), Science Applications International Corporation (SAIC). Parker& Associates (oil site management systems verifications - 1999 & 2003) and Eagle Group conducted RD verifications In 2007, N 10 and most recently in January 2015, We have maintained our RD certification as a condition of membership in NACD since RD's inception in 1992, NACD can verify that Tanner is a member in good standing which means we are Implementing Our RD management system. This check may, be conducted at Tanner Industries employs about 116 personnel and operates approximately 16 facilities thi-01]OhOtlt the Country. The work- that Tanner's employees perform at plants and at deliveries is labor intensive. It involves connecting hoses. moving equipment, raisinu trailers. using hand tools, etc. 'This work can result in sprain/strain type of injuries,s Below are the incident rates for the past three years, Including 2018. Year Recordable Incident Lost Time Rate hours Worked Rate Year YTD 2018 1.36 0.00 146,574 2017 2.43 0.81 247,230 0.79 039 253,724 2015� 3.12 0,78 -——-——------------------ 256,256 Our continuing goal tor-our safety performance is, at a inininlUln. being at or belovk our industry's classification group's ratings for OSFIA recordable rates. In order to help Support Our continuing improvement process w,e maintain the following initiatives: • We C0udUCt monthly documented safety equipment inspections. • We complete annual facility safety inspections at our plants, • We maintain fall protection at Our plant sites. • We continue to review all Injuries, accidents, incidents and near misses with the safety representatives at corporate and site safety committee meetings. • We have added "Days Since Last OSHA Recordable Injury" Si(InS to Our plants to help raise and maintain awareness 01"OUr safety performance. • We distribute weekly safety postings to all plants. The Communication includes safety messages and reminders and highlights any safety and/or security incidents with reminders for the prevention of similar incidents. This information has been streamlined for easier reading by field personnel and the weekly interval provides more current data in relation to incidents. injuries juries and near misses. It also provides a mechanism for quick hit safety reminders. • In 2011 we piloted a ride a Iono program with our drivers. This involves management personnel riding along with drivers and attending deliveries at periodic intervals, The L- Z:7 purpose of this review will be to ensure personnel are performing all duties Page 517 of 1161 'Appropriately', such as appropriate checklist completion. being aware of potentia] hazards, following documented deliverN, procedures, etc. It also provides an opportunity for coaching and ('Llidance %vith a 60CUS on safetv, ifneCded as well as a feedback- mechanism for potential improvement. A similar walk a long program for plant operations has since been implemented. We have established and implemented corrin-r-iniCatiOn wvith all Cn1plOVeeS on Out- 3 pillars of safety, like ') legs oil a stool, if a leo is missing the stool will not be able to stand. 1) Personal Accountability e11SU1'e You are fiollowving SOPs. ,vearing proper PPE at all required times, reporting any unsafe conditions, planning for potential hazards. communicating with the office. 2) Awareness: Recognize and Identify Potential Hazards - completillo the proper checks and checklists. attention to signage, see the whole play and try not to use U1111.1el vision - are there any potential hazards around" Think before acting. stretch if needed after a lon- drive, Using proper lifting, techniques. proper ladder use. secure footing 3) Management Support - know that VOU have our fall support, communicate any Problems Or issues, ask if there is any question Oil the proper method or proper' I-VOCedUrC. Tanner Industries DOT Safet-y performance 'Involving DOT roadside inspections has been Much better than the national average for companies transporting hazardous materials. The national average o['the percentage oi'vehicles placed out of set-vice at DOT inspections is reported at 20.72°/o. Our average over the previous 24 months has been 2.8%. In lookin- at hazardous material inspections the national average has been 4.5% and Our ratinu has been 0,.0%. In relation to driver inspections the national average has been 5.51% and Our drivers have rated at 0,5%. Our statistics reveal that we have performed better than the national averages. Tanner Industries, Inc. Mission Statement: Our mission is to constantly improve our products and services to meet/exceed Our Customer needs, to distribute our product in a safe, eff-icient, and environmentally responsible man-ner, and generate a reasonable return in order to provide continuity for the business and employment I-br our employees. Questions concerning Our safety program can be directed to: Harold Siver Safety Manager Telephone: 215-322-1238 x2390 Mobile: 215-910-0622 Fax: 2 15-526-7814 Page 518 of 1161 :)iii manicimpn, dax 111.,01feCtor Locai business jax meceipt orange L ounry, t-ior his local business lax receipt ism addition to and not in iiou�of any o[her tax required by law of 72unicdpaI )r inarice Businesses are subfact is regulation of%oniny heaith an, i,,vful authorities This rece?pt is /-Aldl from Ocrober f trcugn Seprember 3D of receipt year delinquent penalty is added October 1. 2017 EXPIRES 9/30/2018 3501-0972544 35)01 DJSTRIBUT0R-A+MM0iNJ1A, $30-00 1 EMPLOYE TOTAL.TAX 330.00 TAPENER STEPHEN B PREVIOUSLY PAID $30.00 TOTAL DUE 30.00 TANNER INDUSTRIES TANNER STEPHEN S 735 DAVISVILLE RD 3RD FLR SOIUTHHAiMPTON PA,13966-3275 2530 VULCAN RD U-A.POPKA,32703 PAID: $30.00 D099-010806690 9/13/2017 3oott Randolph, Tax Collector Loom Business Tax Receipt grange County, Floris his local business tax receipt is in addition to and aot in lieu of any other tax required by law or munjc paI ordinance.Businesses are sublect to regulation of zoning,heai and c wfui authorities,This receipt is valid from October 1 through September 30 of receipt year.Definquent penalty is added October 1. 2017 EXPIRES 9/39/2918 3501-0972544 3501 DI3TRf8UTOR-Ail/WDN1A SM00 1 EJMPL T TOTAL TAX330.00 PREVIOUSLY PAID 530.00 { n � . . TOTAL DUE ATA NER STEPHEN 8 se. o " ; f �* •` ` ANNER INDUSTRIES ` AN NER STEPHEN B 2530 VULCAN RJ 735 DAVISVILLE RD 3RD FLR U-APOPKA,32703 � x1 ' k SCUTHHAIMPTON SPA 18966-3276 PAIiD� 530.00 0093-00806390 9/13/2017 1 T-is r_camt is officiai when <aiidated by the Tax Collector. v' _ Page 519 of 1161 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF STATE 08/06/2018 TO ALL WHOM THESE PRESENTS SHALL COME, GREETING: I DO HEREBY CERTIFY THAT, TANNER INDUSTRIES, INC. is duly registered as a Pennsylvania Business Corporation under the laws of the Commonwealth of Pennsylvania and remains subsisting so far as the records of this office show, as of the date herein. I DO FURTHER CERTIFY THAT this Subsistence Certificate shall not imply that all fees, taxes and penalties owed to the Commonwealth of Pennsylvania are paid. IN TFSTDWNYMTrOF,I have hereunto set my hand and caused the Seal of the Secretarys Oce to be affixed,the day and year above NkTirten Acts-a,Secretary of tete corn mon-mq Certification Number: TSC180806141367-1 Verify this certificate online at http://www.corporations.pa.gov/orders/verify Page 520 of 1161 A % Ti April 23,2018 To whom it may concern, While Tanner Industries, Inc. is not third party ISO certified, Our company is committed to Responsible Distribution (RD), Responsible Distribution is a comprehensive quality program dedicated to protecting the health, safety and security of employees, COMITILInitieS, and the environment and was developed by the National Association of Chemical Distributors(NACD). It is a condition of membership with NACD and the program is third party verified to ensure all codes of management practice policies and procedures are documented and implemented. We have successfully passed third party verifications for RD since 1995. We have maintained our RD certification as a condition of membership in NAM NACD can verify,that Tanner is a member in good standing, which means we are in1plCMeZ1tjI1(1--our RD inana,o ement system. This check may be conducted at www.nacd.com. In addition to RD we have also implemented aspects of the ISO 9001 series quality model. We have documented procedures and policies in an ISO format, we verify all incoming raw material, and have documented customer complaint procedures. We have generated a Quality Manual, which contains our company Mission Statement,as well as applicable quality process procedures not addressed in our RD manual. We look forward to continuing to work with you as partners in quality and safety, and if you have any questions, or require further information, please contact rte. Sincerely, TANNER FNDUSTRfES, INC., David Binder Director, Quality, Safety and Regulatory Affairs Page 521 of 1161 I NO MM SO CERTIFICATE Of CONFORMANCE THIS CERTIFIES THAT Tanner Industries, Inc. Has successfully demonstrated its commitment to Responsible Distribution as set fortis by the National Association of Chemical Distributors (NACD) through successful completion of its third-party on-site verification far the 5�11 Cycle (January 1, 2014- December air 2 316) January 28, 2015 Issue Bate r94w4L , Eagle� National Association of Chemical Distributors Michael Land,Vice President, Clyde H. Pearch, President Responsible Distribution ax Page 522 of 1161 TANNI INDUSTRIES, INC, <1- -735 DAV-1SV1LLE ROA- D- ,THIRD FLOOR SOUTHAMPTON,PA 18966-3200 215-322-1238 FAX 215-322-7725 wwwJannerInd,com Note that Responsible Distribution runs in 3 year cycles. The verifiers are independent and contracted by NACD to do all member companies. To be a member in good standing with NACD You have be Responsible Distribution verified. Our good standing as a member can be checked at www.nacd.com. When a member company gets verified in a 3 year cycle can vary. We have typically be done at the front end of each cycle at 3 year intervals. The 1128115 cert is the last verification date. It does not expire. A company could possibly be done at the front end of a 3 year cycle and then back end of the following cycle. Not typical, but possible. Thus there could be a 5 year internal between verifications. NACD has changed their scheduling policy for this current cycle and none to go beyond 4 years. They will make sure on the proper scheduling. I was expecting our verification in first quarter 2018, but have not heard yet on scheduling our sites from the verification agencies. We were typically every 3 years with this in the past. As mentioned expecting our next verification this year or no later than 2019. Cert is current. We are members in good standing practicing Responsible Distribution. Sincerely, Tanner Industries, Inc. Matt Tanner Sales Administrator Page 523 of 1161 a. x w Page 524 of 1161 < I TANNER INDUSTRIES, INC 735 DAVISVILLE ROAD,THIRD FLOOR SOUTHAMPTON, PA 18966-3200 215-322-7238 FAX 215-322-7791 www,tcnnerind.com ANHYDROUS AMMONIA SPECIFICATIONS Arnmonia( NH3)Assay Metallurgical Grade 99.9965% Minimum Ammonia(NH3)Assay 99.9990% Typical Water 33 Ppm maximum Water <10 ppm Typical oil 2 ppmMaximum Oil I ppm Typicai_____j Revision:August 01, 7-009 Superredes.,June 01,2001 APProval: QC/QA DIVISIONS NATIONAL AMMOMA, BOWER AMMONIA AND CHEMCAL NORTHEASTERN AMMONIA,HAMLER INDLISTRES Page 525 of 1161 Tanner Industries, Inc. SAFETY DATA SHEET Section I.Identification , Product Name: Ammonia, Anhydrous Synort m,: Ammonia CAS REGISTRY NO: 7664-41-7 Supplier: Tanner Industries,Inc. 7.31 Etavisville Road,Third Floor Southampton.M 18066 website: � 1.4tv.taitnerind.low Tetephone(General): 215-322-128 Corporate Emergency Telephone Number: 800-643-6226 Emergency Telephone Number: Chenttrec:800-424-9300 Recommended Use: Various Indusu€al/Agricultural Section 2.Haanrcf s}Identification H Hazard: Acute Toxicity.Corrosive.Cases Under Pressure,Flammable Oras,,Acute,Aquatic Tos:icity Classification: Acute Toxicity. Inhalation(Catcgor`, ) Vote:(I -Mosz.'Severe/4-Least Severe) Skin Corrosion I h-enation(CateaoryIB) Serious Eye Datnawue/ Irritation(C'ategory 1) Gases Under Pressure(Liquefied gas) E'ltunmable Gale,(Cateanory 2) Acute Aquatic roxici-,v (Cat°e-,orv= 1) Piclograrn:. Sivnal tivctrd: Danner Placard state€nents: Harmful if irthated, Causes severc skin burns and serious eve damaee. Flammable was. Contains-as under pressure;inuy explode if heated. Very toxic to aquatic life. Precautionary statements: Avoid brcathin,gas/vapors. Use only outdoors or in well-ventilated area. Wcar protective gloves,protective ck)rhino,eve protection.face protection. Keep away from heat,sparks.open f ones tend other ignition sources.No smoking, [revision: May 1,2015 :Anhvdrous Ammonia Pone 1 of s Page 526 of 1161 Precautionary siatcmcnts (continued): IF INIAALEDt Remove person to fresh Lair and keep ccttnt2artable for breathing.Call a doctor/physician and scale medical attention 16r severe exposure or if,ymptoms persist.Specific treatment,see supplemental first aid instructions in Section 4{First Aid Mcastires t- IF ON SKEN:Rinse immediately with pleat% of water before removtn;clothes.C onteanninatel cf)hin could possibly be frozen to skin.Rinse skin~with water or shower(minimum of 20 minutes).Specific treatment,see supplemental first aid instructions in Section q(First.did Measures). IF IN EYES:Immediately call to doctor physician and seek medical attention.Rinse continuously w-ith seater for several minutes(minimum of'2U minutes) Specific treatment,see supplemental first aid instructions in Section 4(First Aid Measures). Lash contaminated clothing before reuse. Store in a well-ventilated place. Keep container tightly closed.protect f€°cm sunlight. Store locked up. In case of lc aka c: Elinnioate all ignition sorn-ces if sat+ to der so, In ccise of leaking vas tire:Stop tlova of -as before extinguishing. Dispose of contents/Container in accordance with local,re-ional,national.international regulations as applicable. See section 1 3)(Disposal Considerations). NFPA Rating: HNIIS Classification: ANHYDROUS S ANINIOA'IA 3 I kA Y.4 f I 1 iJ PERSONAL PROTECTIOS II> I I NFPA `numbering Systern: HLIIS Hazard Index: 0=Least Hazardous/d=Most Hazardous 0=Mlinimal, 1=Slight,2-;Moderate,3=Serious,q=Severe Section 5,Com Orsition/Information 6n Ingredients CHEXIICAL NA IE:Ammonia,Atthvdrous CAS REGISTRY NO: 7064-41-7 SYNONYMS: Ammonia CHEMICAL FAMILY: Inorganic nitrogen conipounds COMPOSITION.99-=-%Ammonia 4 Section 4.rFirstAid Measures,,. IF iw1[,=,LED: Irn€nediatc[y remove person tea fresh stir and keep comfortabk4 for breathing.In case of severe w-,posurc or if irritation persists,breathing difficulties or respirator symptoms arise,seek medical attention.Ifnot breathing,administer artificial respiration, If trained to do so,admirnister sUpplennental oxygen, if required. IF ON SKIN:Immediately rinse skin and contaminated clothing with plenty ofvvater betiare removing clothes.Clothing that lies been contacted by liquid)ammonia may freeze to the skin.Thaw frozen clothing frorn skin before removing.Flrtsh skin with copious announts oC tepid water nor a minimum of 20 ininutes.Do not rub or apply topical.occlusive compounds,such as ointments,certain creams,etc..on affected area. For liquid ammonia contact,seek immediate medical attention. For severe vapor contact or if irritation persists,seek medical attention. IF IN"EYES Immediately rinse continuously with copious amounts oftepid water for a rnininntun of 20 minutes. E: CHds should be held anari and away from eyeball for thorough rinsing. Do not rub or apply topical,Occlusive campounds,such as ointments,certain creams,etc.,on affected area.Seek nnedical attention. IF SWALLOWED:Rinse mouth. Do not induce vomiting. If conscious.give farce amounts of"ater to drink.fvlay drink orange juice. citrusjuice or diluted vinegar(1.d)to counteract ammonia. If unconscious,do not wive anything by mouth. Seek medical attention. A(}TE TO PHYSfCZ. N,Respiratoey injury may appear as n delayed plrcnornenon. Pulmooaary edema may follow chemical bronchitis. Supportive treatment with necessary=ventilation actions,including oxygen,may warrant consideration. Revision: May 1,2015 Anhydrous Ammonia Page 2 of fes Page 527 of 1161 Section 5.Fire r,ighting.Measures LXTINGIAS;`ITNG MEDIA: Water Spray.Water Fog,Dry Chemical.Curb c>n Dioxide(ii°02)or foam. SPECIAL,FIRE FIGHTING PROCEDURES. 'Must~year protective clothing and a positive pressure SCBA. Stop flow ofgas or liquid ifpossible. ,Approach fire upwind and evacuate area down ind if needed. Use water spray to keep fire-exposed containers cool and control vapors. If a portable container(such as a cylinder or trailer)can be moved from the fire area ttithout risk to the individual,do so to prevent the pressure relief valve of the trailer or portable container from discharahte or the cylinder from rupturing. If rchet' valves are inoperative,heat exposed storage containers may become explosion h.varda ire to over pressua'iztttion. Staff upvv ind when containers are threatened. I,, USUAL FIRE.'AND EXPLOSION FIAZARDS: Outdoors,ammonia is not generally a(ire hazard, Indoors, in confined aratLs,ammonia may be afire hazard,especially ifoil or other combustible materials are present. Combustion may form toxic nitrogen oxides Section 6 �ccider#al Rale a"Me$sur� �, „�. GENERAL: Only properly trained and equipped persons should respond to an ammonia r=lease. Frear eve.hand and respiratory protection and protective clothing:see Section 8,Exposure Controls Personal Protection. Stop source of leak if possible,provided it can be done in a sale manner. Leave the area of a spill by moving,laterally and upwind. Isolate the afIccted area,Non-res ponders should evacuate the area.or shelter in place. SPECIFIC STEPS TO BE TAKEN: For a hazardous material release response.Level A and/or Level B ensemble€ncludirag positive-pressuc'e SCBA should be used. A positive pressure SCBA is required for entry into ammonia atmospheres at or above.300 ppna(IDLH). Stay upwind and use water spray downwind tat container to absorb the evolved gas. Do not apply vvaten-directly to container.unless there is heat unpin+,semen(,as ammonia boils at-28'F(direct vvater vvill heat container),and more vapors vvill Lie released. Caution. Adding wat c directly to liquid spills will increase volatilization ot'arrrmonia,thus increasing the possibility of exposure. Contain spill and runoff from entermg drains, sewers.strearns.lakes and water systems by utilizing,methods such as dik.in<a, containment.and absorption. Section?.Handling and Stang SPECIAL PRECAUTIONS Only trained persons should handle anhydrous amuaonia. 'sore in well-ventilated areas,with containers ughtly closed.Protect from temperatures exceed na: 120°F 148.8"C).Protect containers from physical damage. Keep away from ignition sources,especially in indoor spaces.Do not use plastic, Do not use any non-ferrous metals such as copper.brass,bronze.tin,zinc or galvanized metrals.Use only stainless steel,carbon steel or black iron For anhydrous ammonia containers or piping- OSI Irv.29 CFR 19 10,11 I praseribes handling and storage requirements for anhydrous ammonia. Refer to Compressed Gas Association(CGA)G-2.[ Cor the recommendations for the storage and handling ol'anhydrous ammonia- VENTILATION': mmonia-VENTILATIO ': Local exhaust should be sufficient to keep ammonias vapor below applicable ceposure standards. WORKPLACE PROTI CTIVE EQUIPMENT: Protective equipment should've stored near,but outside of anhydrous ammonia area. Fater t«r first aid,such as an e4cvvash station and safety shower,should be kept available in the immediate vicinity.See 29 CFR 1910.1 11 for vvorkplaee reclaaircments. DISPOSAL- See Section 13. Disposal Consideraiions. Classified as Resourco Conservation and Recovery Act(RCR.A)hazardous Waste due to corrosivity with designation D002,ifdisposed,of in original farm,. Revision:May 1,20[3 Anhydrous Ammonia Page i ot8 Page 528 of 1161 Section S.Exposure Cont EXPOSURE L1 HTS FOR ANINIONI i.:(Vapor) OSHA r 50 ppm, 35 mg l m'PEL 8 hour l G4'rY NIOSH 35 ppm, 27 mg°in' STEL 15 minutes 25 ppm, 18 ma f rna REL 10 hour FWA 300 ppm.. IDLFI ACGIN 25 ppm, I8 m?int'TLV 8 hour I WA 35 ppm, 27 nr /in`S'l El I7 tminutoM PROTECTIVE EQI IPNIENT: FY C, ACE PROILC 110\:Chemical splash go—lehould be�%orn when handlim anh}drous ammonia.A face shield can.Sac worn over cherrtacal splash goeglus as additional proteetioca. Do not%vc ar contact lt;nSCS%%hart handlin,auahvdrous arrarraotni<a.Refer to 29 CFR 1910.133 for OSHA cNe protection requirernems. y SKIN PROTECTION Ammonia impervious -loves and clothm. (Such as neoprene, bold acid "Teflon) should be %wril to prevent contact during normal operations.such as loading/unloadine and transfers. Chernictal boots can he sorra as additional protection. RESPIR rf'ORY PRO'l ECTION':Rcspiratoi-, protection approved b} NIOSI[for ammonia must be used when applicable safety and health exposure limits are exceeded. For escape meruergenc:as.NIOSH approved respiratory protection should be used,such as a I'ull lace loris mask-and canisters/cartridges approved for anmaocaia or SC13A. A positive pressure SOBA is required lir entry iino amrmonm atmospheres at or above.300 ppm(IDLE!). Refer to 29 CTR 1910.134 and ANSI:188.2 !tar OSTIA respiratory protection realuiretraents. Also refer to 29 CFR 19 10,1 I1 for respiratory protection requirements at bulk installations. VENTILATION: Local exhaust should be cuff tient to keep ammonia vapor below applicable exposure standards, FOR A If AZARDOI S yFATERIAL.RE[ EASE RI SPO'sSF: Level A and./or I.eve.l B ensemble ineludini positive-pressure SCBA should be used. A positive prcysure SCB A is regUiVed f1r cntr%,into ammonia atmospheres at or above 300 ppnr(IDI-I1). 1 Section 9.'Physical and Chemic l P tttpet ties t`�, APPEARANCE AND ODOR: Colorless liquid or wars with fa puns,.ccat odor.Odor threshold 2-5 ppnr. SOLUBILITY IN WATER: (per 166 potands Of Water):96.'9 pounds at 32'I=.51 pound~at 58'F SPECIFIC GRAVITY OF GAS(air=1): 0.595 at 32''F SPECIFIC GRAVITY OF LIQUID(water= 1): 0.682 at-28°F(Compared to water at 39'F). WEIGHT(per galloaa): 5.15 pounds at 60' PH: Not applicable(1-Iiphly alkaline/base), BOILING POINT: -28'F at I Atm, FOR!vIULA: NH-, NIOLECULAR WEIGHT: t7.03(NJ-10 FLA.V[MABILlTY FLASHPOINT: tisane FLAMMABLE LIMITS OF VAPOR IN AIR; LFa..,,[TEL 16%to 2511/''(listed ira the NIOSHPoekei Crr(cte.w Chemierit Hazards 13%to 28940, ALTO IGNITION TEMPERATURE: 1„20.4 IF(If'catalyzed). 1.571)'F(Ifurt-caaalyzed). CRITICAL TEMPERATURE: 271.4 IF DECOMPOSI"T"ION TEMPERATURE: -108.41 GAS SPECIFIC VOLUME: 20.78 Ft'/Lb at 32'F:and I Atm. VAPOR DENSITY: 0.0481 Lh/Ft'tat 32 IF LIQUID DENSITY: 38.00 Lb!Ft3 at 70°F VISCOSITY: 6.00982 cP at 68'F EVAPORATION RATE: Not applicable APPROXIMATE FREEZING POINT: -108'F VAPOR PRESSURE: 114 psip at 70'F SU'RF'ACE TENSION; 23.4 Dynes,,cam at 52'F CRITICAL PRESSURE: l 1 1.5 Atm PARTITION COEFFICIENT: -114 at 77'F [Z vrsiorr d'1ay 1.2015 Anhydrous tAnamonia Page 4 of Page 529 of 1161 ection 10. tahili y and Reactiyit+. REACT'IV'ITY: lnlavclroaaw ammonia has potcntialfy explosive reactions with strong oxidizer:..Anhxdaous ammaonia Forms explosivc mixtures in air sv ith hydrocarbons,chlorine,fluorine ted silver nitrate_Anhvdrous animoma reacts to toren explosive products,mixtures or compounds with m�rcurx',gold.silver-iodine,brorrrmc,silver oxide and silver chloride:,. CHEiMICAL,STABILITY: Stable under normal ambient conditions of terxtperaturc and pressure. FIcatin-a closet container causes vapor pressure to inQuease. Will not polymerize. POSSIBILITYOF HAZARDOUS REACTIONS: Will react exothermically with acid-sand 1water. COND[TIONS O AVOID- Avoid anhydrous ammonia contact with chic)rine,which forms a chloramine gas.which is a primary ski it irritant and sensitizer. Avoid contact with galvanized surfaces.copper.brass.bronze. mercury,gold and silver A corrosive reaction will occur. INCOMPATIBLE MATERIALS: Auhydr-o'us ammonia is incompatible with acctaldehvde, zacrolein. boron.chloric acid,chlorine monoxide,chlorites,nidogen tetroxidz. Perchlorate.sult'ur..tial and strong acids. HAZARDOUS DECOMPOSITION PRODUCTS. Anhydrous ammonia decomposes to hydrogen and nitro-ven gases above 450°C(842 T).Decomposition tcrnperatures rnav be lowered bNe contact with certain metals, such as iron,nickel and zinc and by,ataivRic suri'aces such as porcelain and pumice Sectiofit 11.Taxieata Teal 1aforriatipxa Potential health effeets.-Ammonia is an irritant acid corrosive to the skin.eyes,respiratory tract and mucous membranes. Exposure. to liquid or rapidly expanding gases may cause severe chemicai bairns and fro>thitc to the eves lun-s and skin. Skin and respiratory related diseases could be,aggravated by exposure.1 lie extent of itrlury producod by exposure;to ammonia depends on the duration of the,exposure,the;concentration cat the liquid,gas or vapor and the depth of inhalation. Exposure Routes:. Inhalation(vapors,gas),skin ane4,or eye contact(vapors. liquid..,las), Sgmptorns,of acute exposure: Inhalation: Exposure,may result in severe irritation and/or burns of alae no c,throat and respiratory tract.May cause dyspnea (breathing difficult}'),wheezing,chest pain,bronchospasm,pint,frothy Sputum,P1111nonan edema or respiratory arrest. Extreme exposure may result in death From spasm, inflammation or edema. Respiratory iniury may appear as a delayed phenoanenon.Pufmonary edema may Follow chemical nronc;hitts Bi ie inhalation exposure to 5,000 ppm may he ratal. Skin: Irritation,errosive burns, blister Formation(vesiculation)may result.Contact with liquid may produce freeze burns tfrostbite)arid caustic bums. I.-}es: Vapors rnav cause severe irritation.Tearing,cyc burns,permanent i ye damage or blindness may occur.Effects of direct contact rnav range from irritation and lacrimation to severe in-jury arid bl indness, lngestiona In estion is unlikely since tine material is a uas under normal atmospheric.conditions. 11-ingested,it may cause burns and corrosion,severe pain of the mouth,throat,esophagus and stomach or may i3c fatal Chronic Exposure: Repeated exposure to ammonia may cause chronic irritation ofthe eves and respiratory tract_ 'toxicity: EC,,t-is 131 mg/m3(7338 ppm)to 1 L392 mw/na3(16,600 ppm),60 minute exposure,Rat, ID o-350 mgt kg(ural/Rat). Not listed in the National Towiaologv Progr-atn(NTP). Not recognized by OSTIA as a carcinog=en. Not listed as a carcinogen by the International Agency for Research on Cancer(IARC monograph). Germ cell rn rtagenicity information is not available.keproductive toxicity information is not available. Revision: vlav 1,2015 ,AnhydrousAmmoni<a. Page 5 orb Page 530 of 1161 ! lection 126 Gcolo rear lnfortrtatioa Ammonia is harniftal to aquatic Iil'e at vCry lou eoncentratiuns.lone)local health and wildlife officials:and operat€yrs ol'anv nearb. Water intakes upon contamination of�w l'Me%atter. `toxicity: Terrestrial tants:LOEC—3-250 ppna lI-1;. Aquatic olants:L0F,C -0,5-500!reg N11,-'v`L Acute tostco to invertebrates:48 h LC50=2.94 nag un-ionized\I l3-lfC.. Chronic ro.Nicrty to invertebrates:NOF'C -O} 163-0._42 mL,un-ionized\143;1... Acute toxicity to fish:96-h: LC50=0.09—3.51 nig un-ionized NF1;/L. Chromic tc)mcity to fish NOEC—0.025-1.2 ing,un-ionized N113 L. Environmental Fate Information:Ammonia dissipates relativelyquick;} to ambient air and rapidly returns to the sail via Combination with Sulfate ions or washout by rainfall.Ammonia suronglti adsorbs to sail.sediment particles tend colloids in neater under aerobic conditions.Biodegradation ofarnmonia to nitrate occurs in water under aerobic conditions resulting in a biological o,e�-cn de man d(:B0D`). Persistence/Degradability: Biodegradable in soil.Ozonation in the.air.Soluble in water. Bioaccumulative Potential: Not applicable. Mobility in Soil: No additional information available. Other Adverse Effects: No additional information available. Section 13,Dis +asl Considerations' Dispose of unused convents/container in accordance with local/regional,naiLional/international r bultttions as applicable. Listed as hazardous suhstance under the Clean Vater Act(C'A'A)(40 CFR 116.4 and 40 CTR 117.3). Classified as hazardous tivaste under the Resource:Conservation and Reeovery Act(RCRA)(40 CFR 261.22 Corrosive ID002). Comply with all reLulations. Suitably diluted product mai be utilized as fertilizer on agricultural land. For hazardous waste rc<_uladons information call the RCRA, Hotline(800)424-93.46.or visit the LS EPA%website. Section 1�1 'Tratrspart Inforeuatioz� ::. ,. US Department of Transportation IfAZARD CLASS: (US Domestic):2.2('don-Flauinaable Gas) (International):23(Poison Gas),subsidiar S (Corrosive) PROPER SMPPING DLSC'RIP I ION: (l-,'S Domestic): UN, 1005.Ammonia,Anhydrous.2 2,RQ, Inhalation Ila;and (International): UN 1003.Ammonia.Anhydrous,2.3. (S).RQ,Poison Inhafation Hazzard Zone"D,. LABEL/PL,ACARD: G"S Domestic)- Nort-Flarnmable Gas (international): Poison Gas,Corrosive(Subsidiary) IN TI Ne>HAZARD a..t 2 IDEIN-1IF4C'ATION l'l. MBER: UN,' 1005 ENVIRONMENTAI,FIAZARDS: Revision: fifty 1.2(315 AnhFdrous Ammonia Page 6 cif S Page 531 of 1161 IMDG,Known YIrtrine Pollutant:' o t!nited Nations Model Ro_ulations. Environmentally Hazardous:No Section I5.ftagufatory Inflrrattian. Subject: to the reporting requirements of Section 302, Sectors 304.. Section 312 and Section 313. Title 111 of the Supertund Amendments and Reauthorization Act(SARA)of 1986 and 40 CFR i72- Under the Comprehensive Environmental Response. Compensation, and Liabilit% Act of 1980 (CERCLA), Section 103, any environmental re[er-asc of this chemical equal to oover [lie, reportable quantity oP '100 Pounds must be reported promptly to the \ational Response Center,GVashin ton,D.C.(1-800-424-8802). Ememency Planning&Community Right to Knoev Act.(EPCRA)extrenrcly hazardous substance.40 CFR 355._Title M.Section 302 —.ammonia,Threshold Planning(ittantitu(TPQ)500 pounds. Toxic Substances Control Act(TSCA): Listed in the.TSCA lnventor�. EPA Hazard Categories-Immediate: Yens; Dela\cd:No,fire:No:SUddt:.n RCICttse: YC_,;;;Reactive: No Clean Air:Act—Section 1 12(r): listed under EPA's Risk Management Program(R'vlP)- 40 CFR Part 69,at storage/process amounts greater than the Threshold!Quantity(TQ)of 10,000 pounds(atmmonia,anhydrous). Anhydrous ammonia is listed under Departmento[_Homeland Security reUulation 6 CFR Part 27,Chemical f=acility Anti-Terrorism Siandards at storage process amounts greater than the threshold quantity of 1[)_000 pounds(ttmrttorua anh,drotts). Occupational `tiaf'ety K health Administration(OSHA):"phis material is considered to be hazardous as defined by the OSHA Hazard Communication Standard 29 CFR 1910.1200.This material is subject to Process Safety'Management requirements of 24 CFR 1910119 if maintained on-site.including storm*e process,in quantities tat 10,000 pounds(ammonia,anhydrous)or greater. Section Ib.OtherInformaition . Proparation Information:Revision Date\-fay 1,20115 Prepared by:HIS Replaces all previously dated versions. Revisions to this Safety Data Sheet have been created to comply with the requirements of the OSHA 1 Isuar (-on.n umcation Final Rul•isstred in 2()12 d laA.wri 21.;12). Acronvms: ACCII l: American Conference of Covemtnental Industrial FIv iGnists ANSI:American National Standards Institute CAS:Chemical Abstracts Service CFR:Code of Federal Regulations DHS:Dcpariment of Homeland Security. DOT:Department of"Transportation L PA: Environmental Protection Aacncv HtM[S: Hazardous Materials Identification`%stem IARC: International Agwncv for Research on Cancer IDLH:Immediately Dangerous to Life or I lealth EVIDG: International Maritime.Dangerous Goods NEPA:National Fire Protection Association NIOSH'National Institute for Occupational Salty and health NTP:National Toxicology Program OSTIA:Occupational Safety and Health Administration PEL: Permissible Exposure Limit PPCF:Parts Per Million RCRA: Resource Conservation and Recovenj Act REL: Recommended Exposure Limit SCl3A:Self Contained Breathing Apparatus Revision: May 1,2(}15 Anhydrous Ammonia Page 7 o f 23 Page 532 of 1161 STEL: Short Term EXPOSUI-C Linlu TIN:Threshold Limit Value ]'%kA: Time Wcilghtcd Averaae Disclaimer: The information,dartLL and recommendations in this safety data sficci relate only to the spocil-ic material desi,-,natod herein and do not relate to use in combination with any other material or in any process. To the best of aur know leo]Lc,the inf(;rtnation,data.and recommendations set forth herein are befieved to be aeCUI-ate' W-e make no warranties,either expressed or implied;.Mth respect thereto and assume no liabilitl in connection with any use 01'such inflonnation,oiaiaL and recommendations. Judgenicrits asuo the suitability or the information contained herein for the Partys C)Wjj Use or Purposes are solely the responsibility of that part4 Army party handlin,-�,transferring_transporting storing,app1%mu or otherwiSC LlShl-this product should review thoroughly aapplicable ll applic- laws. v-S. a% rules,re,-,ulalions,standards and u0od Dl-aOiCeS.Such [110MUL111 r view should occur bef'Orc the parry handles,lrantMCrs, transports-slore>,applies t>r otherwise uses this product. Revision-Nla,,, 1,M5 AnhArOUs Ammonia Page 8 of'8 Page 533 of 1161 6.J. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the Bid for "ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES" Bid No. 036-1412-18/MFD to the following eight (8) companies: 5 Star Enterprises, All American Poly, Clean All Products, Imperial Dade, Medline Industries, Neeld Supply, Pride Enterprises and Pyramid School Supplies on an overall basis, to the lowest, most responsive, responsible bidders who met all specifications. Items will be ordered on an "AS NEEDED" basis for an estimated annual expenditure of$40,000. EXPLANATION OF REQUEST: Bid Term: October 5, 2018 - October 4, 2019, allows for two (2) additional one (1) year renewals. On September 12, 2018 Procurement Services opened and tabulated nine (9) bids submitted in response to solicitation for Cleaning Chemicals and Janitorial Supplies. All bids were reviewed by the Manager of Materials and Distribution. It is recommended to award this bid in part to eight (8) companies. The awarded vendors are: Company Award 5 Star 1 Item All American Poly 1 Item Clean All 2 Items Imperial Dade 4 Items Medline 3 Items Neeld 6 Items Pride 11 Items Pyramid 6 Items Total 34 Items The Bid award will be for the period of October 5, 2018 to October 4, 2019 and allow for two (2) additional one (1) year extensions at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of cleaning chemicals and janitorial supplies. These supplies will be ordered on an "AS NEEDED" basis and stocked within the City's Warehouse. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$40,000. FY 15/16 expenditures were $32,011.42 FY 16/17 expenditures were $45,251.85 FY 17/18 expenditures to date are $35,001.54 ALTERNATIVES: Obtain quotes on an "AS NEEDED" basis which would not be cost effective. Page 534 of 1161 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Award Letter D Addendum Tabulation Sheet Page 535 of 1161 The City of Boynton Beach ' Finance Department - WAREHOUSE DIVISION TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Manager of Materials and Distribution DATE: September 18, 2018 SUBJECT: Janitorial Bid # 036-1412-18/MFD I reviewed the tabulation sheet. My recommendation is a multi-award to overall low vendor. The evaluating factors used were pricing and product. Last year's expenditures were $35,001.54. The previous year's expenditures were $45,251.85. This year's expenditures will be an estimated $40,000. Awarded Items: 5 Star Enterprise Item (s)# 10 All American Poly Item (s)# 34 Central Poly Items # No Award Page 536 of 1161 Clean All Item (s)# 27,28 Imperial Dade Items # 9,29,32,33 Medline Industries Items # 3,6,21 Neeld Items # 15,17,22,23,24,26 Pride Item (s)# 1,4,8,11,12,13,14,16,19,25,31 Pyramid Items # 2,5,7,18,20,3 0 In addition, the awarded vendors included a discount of percentage off list for all items not listed on the bid. 5 Star 10% All American 10% Clean All 15% Medline 30% Neeld 10% Pyramid 20% Page 537 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE: September 12,2018 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." 5 Star Enterpirse, Inc. PO BOX 43545 Atlanta, GA 30336 Phone(404)924-4290/Fax(404)699-5406 Contact:Tracey J. Felder Email:tfelder@5starchemicals.com ITEM# DESCRIPTION COMMODITY# PART NUMBER [1hliT PRI' E1 `0E A 1ANGLED BROOM 'S5'010-00b47 RCP6385GRA $4.65 6 2 3 LB STRAW BROOM 4 -01 0 isms NO BID NO BID 3 SOFT(FINE)PUSH BROOM 48 -010 04CY0 RCP9B02DZ $23.58 12 a STIFF(HEAVY)PUSH BROOM 48 -0104£110 NO BID NO BID 5 STIFF(HEAVY)PUSH BROOM 485-07-701-T RCP9B17MARDZ $20.33 12 61 LYSOL FOAM CLEANER '495-011"-40604, RACO2775CT $4.05 12 7 DISINFECTANT DEORDORANT SPRAY 48 -011= 05 CHP5157 $4.02 12 a GLASS CLEANER 48 -011= 0 CL000459CT $3.92 12 9 LIQUID BLEACH 485-018-00601 CL030966CT $6.35 3 10 TOILET BOWL DISINFECTANT 495-017064 RAC74278CT $3.45 12 11 PINK HAND SOAP 48 -018-00CY 5 BWK41OCT $6.26 4 12 LEMON DISINFECTANT 485-017060 RAC76334CT $15.78 4 13 RUST REMOVER 495-018-0060P JELCL4PRO $31.86 4 14 DEGREASER 485-018-00610 EGLAD $8.50 4 15 ODO-ELIMINATOR 4$ -tI18-04161E ODO911062G4 $14.06 4 16 DEGREASER 48 -0 -00{S4Y EGHDD $9.75 1 17 WASP&HORNET SPRAY 4'8 -023(70641 SJN668006 $6.21 12 18INSECT REPELLENT 48 -023(7060 " SJN611081 $6.73 12 19 SCRUB BRUSH "496-77-77 RCP6482COB $3.75 1 20 BOWL BRUSH BUT440430 $10.21 1 21 SPONGE WITH SCOURING PAD MMM74CC $2.66 20 22 LIQUID TIDE 4 -07o60a PGC08886 $22.28 4 23 VIVID COLOR SAFE BLEACH 48 -0704Y444. CL030647 $3.89 8 24ARM&HAMMER OXI CLEAN 4 -07060 5 CDC3320000107 $5.36 6 25 DISHWASHING LIQUID 48 -03--04CY01 BWK7714 $8.76 4 26 DISHWASHING TABLETS FOR DISHWASHER 48 -03--04CY0 RAC81049CT $7.93 8 27 WHITE SHEETING RAGS '495-651-66002 UFSN250CW01 $10.87 1 28 ALL COTTON WHITE RAGS UFSN205CW05 $23.87 1 29 MOP BUCKET AND WRINGER 48 -068--0601 RCP618688YW $255.23 1 30DUST MOP HEAD 4 -07. 00601 BWK1336 $14.95 1 31 DUST MOP FRAME 48 -07(x 0060 BWK1436 $6.10 1 32 24 OZ COTTON MOP HEAD 48 -07y04 0 BWKCM02024S $4.14 12 33 33"X 40"TRASH CAN LINERS v48 -076=00 0 IBSS334011 N $56.66 20CS/500PER 34 38"X 58"BLACK TRASH BAGS F 495-07,5-00008- JAGR3858H $47.68 10CS/100PER Page 538 of 1161 5 Star Enterpirse, Inc. PO BOX 43545 Atlanta, GA 30336 Phone(404)924-4290/Fax(404)699-5406 Contact:Tracey J. Felder Email:tfelder@5starchemicals.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS YES BLACK/WOMEN OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 10% ADDENDUM NA COMMENTS Page 539 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." All American Poly 40 Turner Place Piscataway, NJ 08854 Phone(732)752-3200/Fax(732)752-2305 Contact: Nikki Klein Email:zeke@allampoly.com ITEM# DESCRIPTION COMMODITY# PART NUMBER 1��lITPF2IE tem tixG�s�;,, . 1 ANGLED BROOM 5"610-66061NO BID NO BID 2 3 LB STRAW BROOM 4$5-017 G66§ NO BID NO BID 3 SOFT(FINE)PUSH BROOM 4$5-017 G6669 NO BID NO BID -47 a STIFF(HEAVY)PUSH BROOM 767 lb NO BID NO BID 5 STIFF(HEAVY)PUSH BROOM '49,55"-4,10-6601"A' NO BID NO BID s LYSOL FOAM CLEANER 'SdTY'`C6{i# NO BID NO BID 7 DISINFECTANT DEORDORANT SPRAY 495"-011-74'3 7 NO BID NO BID 8 GLASS CLEANER i5 J1�`060(76 NO BID NO BID s LIQUID BLEACH 4$SdtS 06fb1 NO BID NO BID 10 TOILET BOWL DISINFECTANT -01'�006t33 NO BID NO BID 11 PINK HAND SOAP 4dt'S 06fb5 NO BID NO BID 12 LEMON DISINFECTANT 747--6,17M77 NO BID NO BID 13 RUST REMOVER `�i5-�J18`Otl+J' NO BID NO BID 14 DEGREASER 7477776,77M=71NO BID NO BID 15 ODO-ELIMINATOR `�i5-�J18`Otl6'1 NO BID NO BID 16 DEGREASER 495",-02, 60t33 NO BID NO BID 17 WASP&HORNET SPRAY "47,576-2,7400601NO BID NO BID 18 INSECT REPELLENT -i2 =tl66 NO BID NO BID 19 SCRUB BRUSH "485 08-Obbb1 NO BID NO BID 20 BOWL BRUSH 4406`6 NO BID NO BID 211 SPONGE WITH SCOURING PAD '4 =0 � 0 NO BID NO BID 22 LIQUID TIDE 443 `666 NO BID NO BID 23 VIVID COLOR SAFE BLEACH NO BID NO BID 24 ARM&HAMMER OXI CLEAN .5d13`666L5 NO BID NO BID 25 DISHWASHING LIQUID NO BID NO BID 26 DISHWASHING TABLETS FOR DISHWASHER -6 NO BID NO BID 271 WHITE SHEETING RAGS 77- NO BID NO BID 2e ALL COTTON WHITE RAGS 4 -05ti0 6 NO BID NO BID 29 MOP BUCKET AND WRINGER '��7067NO BID NO BID 30 DUST MOP HEAD '6061 NO BID NO BID 31 DUST MOP FRAME 4 5-076-000 NO BID NO BID 32 24 OZ COTTON MOP HEAD 495-072 a66 NO BID NO BID 33 33"X 40"TRASH CAN LINERS 48567 -6667 NO BID NO BID 34 38"X 58"BLACK TRASH BAGS 4$54075 666 3858XH-AAP $16.05 100/CS Page 540 of 1161 All American Poly 40 Turner Place Piscataway, NJ 08854 Phone(732)752-3200/Fax(732)752-2305 Contact: Nikki Klein Email:zeke@allampoly.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS NOT SUBMITTED DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 10% ADDENDUM NA COMMENTS Page 541 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Central Poly-Bag Corp. 2400 Bede Place Linden,NJ 07036 Phone(908)862-7570/Fax(908)862-9019 Contact:Andrew Hoffer Email:bids@centralpoly.com ITEM# DESCRIPTION COMMODITY# PART NUMBER C]tllh fR10E {1 "sLL� A55<; 1 ANGLED BROOM 485 41( }Ol}'7 NO BID NO BID z 3 LB STRAW BROOM NO BID NO BID 3 SOFT(FINE)PUSH BROOM 485-(l}}Ol}Q' NO BID NO BID 4 STIFF(HEAVY)PUSH BROOMNO BID NO BID 5 STIFF(HEAVY)PUSH BROOM 18 41( }4411 NO BID NO BID 61 LYSOL FOAM CLEANER 4$S t}11 kt}04 NO BID NO BID 7 DISINFECTANT DEORDORANT SPRAY 4$5`411 4tbf NO BID NO BID 8 GLASS CLEANER 495 11-0'66& NO BID NO BID s LIQUID BLEACH 4041 NO BID NO BID 10 TOILET BOWL DISINFECTANTNO BID NO BID 11 PINK HAND SOAP `47767 7775 7 NO BID NO BID 12 LEMON DISINFECTANT `485.01$ 444 NO BID NO BID 13 RUST REMOVER `4$54114049 NO BID NO BID 14 DEGREASER 485�018` 0'10 NO BID NO BID 15 ODO-ELIMINATOR 45444T6 NO BID NO BID is DEGREASER 485 0 44043 NO BID NO BID 17 WASP&HORNET SPRAY d5s 2704b1' NO BID NO BID 18 INSECT REPELLENT ".41k5s427=t}b44€i NO BID NO BID 19 SCRUB BRUSH q9 fl {444i '' NO BID NO BID 20 BOWL BRUSH 485084 403 NO BID NO BID 21 SPONGE WITH SCOURING PAD `4$5 fl -{1444 `' NO BID NO BID zz LIQUID TIDENO BID NO BID 23 VIVID COLOR SAFE BLEACH 4$5437 4044 NO BID NO BID 24 ARM&HAMMER OXI CLEAN q9 437 444 NO BID NO BID 25 DISHWASHING LIQUID g54' Q440i NO BID NO BID zs DISHWASHING TABLETS FOR DISHWASHER;: 485.084340 NO BID NO BID 27 WHITE SHEETING RAGS 45452{46Q2 NO BID NO BID 28 ALL COTTON WHITE RAGS 485 4'40443 NO BID NO BID 29 MOP BUCKET AND WRINGER q 9 46 {4441 77, NO BID NO BID 30 DUST MOP HEAD 485 070 40441 NO BID NO BID 31 DUST MOP FRAME '=q :9 Q74-(i44tl2 "`' NO BID NO BID 32 24 OZ COTTON MOP HEAD F `485.07 -4440 NO BID NO BID 33 33"X 40"TRASH CAN LINERS CP3340N12 $27.80 500/CS 34 38"X 58"BLACK TRASH BAGS 485.075 44403 CP3858KXH $24.10 100/CS Page 542 of 1161 Central Poly-Bag Corp. 2400 Bede Place Linden,NJ 07036 Phone(908)862-7570/Fax(908)862-9019 Contact:Andrew Hoffer Email:bids@centralpoly.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES NOTED 21 BUSINESS DAYS FOR DELIVERY BIDDER ACKNOWLEDGEMENT YES MISSING SIGNATURE NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 0% ADDENDUM NA COMMENTS Page 543 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Clean All Products, Inc. 12945 SE Suzanne Dr. Hobe Sound, FL.33455 Phone(772)546-6694/Fax(772)546-6630 Contact: Rick Borosky Email:cleanallproducts@yahoo.com ITEM# DESCRIPTION COMMODITY# PARTNUMBER 11NI7P1�tE gT�tkC �< 1 ANGLED BROOM 48 71f bbp 7 NO BID NO BID z 3 LB STRAW BROOM 4854] -2b NO BID NO BID 3 SOFT(FINE)PUSH BROOMNO BID NO BID a STIFF(HEAVY)PUSH BROOM485dib-b0d,( NO BID NO BID 5 STIFF(HEAVY)PUSH BROOM fA � 16pb6Y1 ". NO BID NO BID s LYSOL FOAM CLEANER 485[711=bbbp4 NO BID NO BID DISINFECTANT DEORDORANT SPRAY NO BID NO BID 8 GLASS CLEANER 485[711=bbbp NO BID NO BID s LIQUID BLEACH NO BID NO BID 10 TOILET BOWL DISINFECTANT 747777= NO BID NO BID ii PINK HAND SOAPNO BID NO BID 12 LEMON DISINFECTANT .: `48541 -rt7t� NO BID NO BID 13 RUST REMOVER NO BID NO BID is DEGREASER NO BID NO BID s ODO-ELIMINATOR NO BID NO BID s DEGREASER 48 o2=bb43 NO BID NO BID n WASP&HORNET SPRAY fA � JC1 NO BID NO BID 18 INSECT REPELLENT NO BID NO BID is SCRUB BRUSH 48 g-0671 NO BID NO BID 20 BOWL BRUSH NO BID NO BID zi SPONGE WITH SCOURING PAD NO BID NO BID zz LIQUID TIDE .: `485 �t�f7z76p3 NO BID NO BID 23 VIVID COLOR SAFE BLEACH 48510A,7-00004' NO BID NO BID za ARM&HAMMER OXI CLEANf4851b37-0OW11 05 "' NO BID NO BID 25 DISHWASHING LIQUID NO BID NO BID zs DISHWASHING TABLETS FOR DISHWASHER `4854M_60401" '.` NO BID NO BID 27 WHITE SHEETING RAGS 'A 1b511� 02 CAP-WS010 $8.35 10LBS 28 ALL COTTON WHITE RAGS CAP-WPO10 $9.32 10LBS zs MOP BUCKET AND WRINGER 48 d6$-00b41 NO BID NO BID 30 DUST MOP HEAD 485{J 0-'00641 NO BID NO BID 31 DUST MOP FRAME fA 1010-"" NO BID NO BID 32 24 OZ COTTON MOP HEAD 485412 44b6 ' '' NO BID NO BID 33 33"X 40"TRASH CAN LINERS �-015u0b2 NO BID NO BID 34 38"X 58"BLACK TRASH BAGS 4 4756ba ` ' NO BID NO BID Page 544 of 1161 Clean All Products, Inc. 12945 SE Suzanne Dr. Hobe Sound, FL.33455 Phone(772)546-6694/Fax(772)546-6630 Contact: Rick Borosky Email:cleanallproducts@yahoo.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 15 ADDENDUM NA COMMENTS Page 545 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Imperial Dade 9601 NW 112th Ave Miami, FL.33178 Phone(305)805-2600/Fax(305)777-6152 Contact:Tere Martin Email:miamibids@dadepaper.com ITEM# DESCRIPTION COMMODITY# PART NUMBER INITPfI 1 ANGLED BROOM D05214-BR-1024MH $5.50 EA 2 3 LB STRAW BROOM D05041-00312-NB $9.54 EA 3 SOFT(FINE)PUSH BROOM NO BID NO BID 4 STIFF(HEAVY)PUSH BROOM NO BID NO BID s STIFF(HEAVY)PUSH BROOM 4q�Cfl'1 NO BID NO BID s LYSOL FOAM CLEANER1b4 C00081-02775 $37.10 12 7 DISINFECTANT DEORDORANT SPRAY C00077 VB CP081/CL081 $32.07 12 a GLASS CLEANER1 b?7G7� F00003-00459 $40.82 12 9 LIQUID BLEACH $d7 }41 G00077-11008745041 $10.51 6 10 TOILET BOWL DISINFECTANT f3$d7 )43 L01218-0352 $22.51 4 11 PINK HAND SOAP �0,7p;o5 L00028-0210 $23.61 4 12 LEMON DISINFECTANT $d p)f6 C00009-0470 $27.27 4 13 RUST REMOVER off-00009 L01185 $18.58 4 14 DEGREASER $d7 1a D01021-0610 $18.70 4 15 ODO-ELIMINATOR $d7 6 NO BID NO BID 16 DEGREASER 76 f3 D00999 $184.22 1 n WASP&HORNET SPRAY YOb41 NO BID NO BID is INSECT REPELLENT YO]f$ NO BID NO BID 19 SCRUB BRUSH 8 6677 NO BID NO BID 20 BOWL BRUSH8b]f3 L01290-6310 $2.50 EA 21 SPONGE WITH SCOURING PAD E =(2$-00b5 K02102-74D $13.81 20 22 LIQUID TIDE sO]f3 NO BID NO BID 23 VIVID COLOR SAFE BLEACH E =b37-t00b4 NO BID NO BID za ARM&HAMMER OXI CLEANst]4a NO BID NO BID 25 DISHWASHING LIQUID 74 5s=b7S7600b1 K01039-909800-41 $24.07 4 26 DISHWASHING TABLETS FOR DISHWASHER NO BID NO BID 27 WHITE SHEETING RAGS '1747-5-7-277-7—=Y50 ` NO BID NO BID 28ALL COTTON WHITE RAGS 4$7 0 ��YOf]4 NO BID NO BID 29 MOP BUCKET AND WRINGER -0 9--41 _' D11136-7580-88 $41.17 EA 30 DUST MOP HEAD 7777334b1 1 D10171-K155-C $6.98 EA 31 DUST MOP FRAME D10039-BH24536 $3.95 EA 32 24 OZ COTTON MOP HEAD bU7bE3 D07250-CM2024S $2.20 EA 33 33"X 40"TRASH CAN LINERS b� b04� 061978 $22.61 500/CS 34 38"X 58"BLACK TRASH BAGSb� b04(a3 061097 $33.91 100/CS Page 546 of 1161 Imperial Dade 9601 NW 112th Ave Miami, FL.33178 Phone(305)805-2600/Fax(305)777-6152 Contact:Tere Martin Email:miamibids@dadepaper.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS NOT SUBMITTED DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 0 ADDENDUM NA COMMENTS Page 547 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME: 10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Medline Industries, Inc. Three Lakes Drive Northfield, IL 60093 Phone(847)643-4928/Fax(847)949-2497 Contact:John O'Daniel Email:govbids@medline.com ITEM# DESCRIPTION COMMODITY# PARTNUMBER WHIT I'fIfiE ""QTS § < 1 ANGLED BROOM �0M-'00037 EVSTOOL30OF $8.00 1 2 3 LB STRAW BROOM 777343NO BID NO BID 3 SOFT(FINE)PUSH BROOM 7b Ubr09 ` EVS2601H $4.98 1 4 STIFF(HEAVY)PUSH BROOM t75735673 NO BID NO BID 5 STIFF(HEAVY)PUSH BROOM 7b UbtYk1 NO BID NO BID s LYSOL FOAM CLEANER 4 b 1700(704 EVSCHEM711 $28.48 12 7 DISINFECTANT DEORDORANT SPRAY 4$�0 1 W003 _ CHU5157 $39.00 12 8 GLASS CLEANER 5 1.0006 EVSCHEM201 $25.24 12 9 LIQUID BLEACH0900001 LGSKIKBLEACH6 $14.85 6 10 TOILET BOWL DISINFECTANT 7$00003 EVSCHEM430 $18.59 12 11 PINK HAND SOAP NO BID NO BID 12 LEMON DISINFECTANT 4$50197375-06 ' EVSCHEM100 $70.12 4 13 RUST REMOVER 48 0$�OObO _ EVSCHEM100 $70.12 4 14 DEGREASER EVSCHEM460 $35.91 12 s ODO-ELIMINATOR �0 g7o6ol6 EVSCHEM300 $117.27 4 is DEGREASER Y2 ]f703 NO BID NO BID 17 WASP&HORNET SPRAY r {01 NO BID NO BID 18 INSECT REPELLENT 4$ 0 00006 SLYBO18425CT $82.00 12 19 SCRUB BRUSH 48 0 004b1 EVSTOOL432 $15.26 6 20 BOWL BRUSH O OOFa03 EVSTOOL412 $2.78 1 zi SPONGE WITH SCOURING PAD84d7$= -Odd EVSHPAD21GCS $22.00 60 22 LIQUID TIDE 7"U7777-7 DFT08886 $78.00 4 23 VIVID COLOR SAFE BLEACHS4{17-(btJ€Y EVSCHEM900 $59.70 4 za ARM&HAMMER OXI CLEAN 43 (54b NO BID NO BID 25 DISHWASHING LIQUID7oa-66 NO BID NO BID 26 DISHWASHING TABLETS FOR DISHWASHER.: 4$X038 000 NO BID NO BID 27 WHITE SHEETING RAGS }70]g77 MDT217DC10 $43.17 250 28 ALL COTTON WHITE RAGS 0 -0]f103 MDT217DC10 $43.17 250 29 MOP BUCKET AND WRINGER EVSTOOL464 $47.96 1 30 DUST MOP HEAD 071 x74031 GSC212360 $125.26 12 31 DUST MOP FRAME 071 x740 GSC26536 $65.55 12 32 24 OZ COTTON MOP HEAD W77777= GSC72303 $84.89 12 33 33"X 40"TRASH CAN LINERS X075062 NONHCR40HC $28.53 500/CS 34 38"X 58"BLACK TRASH BAGS 7 NONTGG58XH $27.77 100/CS Page 548 of 1161 Medline Industries, Inc. Three Lakes Drive Northfield, IL 60093 Phone(847)643-4928/Fax(847)949-2497 Contact:John O'Daniel Email:govbids@medline.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NOT SIGNED NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 30 ADDENDUM NA COMMENTS Page 549 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Neeld Paper and Supply 1134 53rd Ct. North West Palm Beach, FL.33407 Phone(561)841-6601 /Fax(561)841-6796 Contact:Sandra M. Neeld Email:dougb@neeldpaper.com ITEM# DESCRIPTION COMMODITY# PART NUMBER IJkITPRICE 1 ANGLED BROOM BWK932EA/53"HANDLE $9.87 -EA 2 3 LB STRAW BROOM 4$5 4j -2bZ BUT441382/MRCLEAN55" $9.49 EA 3 SOFT(FINE)PUSH BROOM BWK1 21-HANDLE54"/BWK20224 $16.99 SET a STIFF(HEAVY)PUSH BROOM 4-85-07-7- BWK1 21-HANDLE54"/BWK20118 $12.79 SET s STIFF(HEAVY)PUSH BROOM ABS f16pb6Y1 BWK1 21-HAN DLE54"/BWK20324 $16.99 SET 6 LYSOL FOAM CLEANER RACO277CT $3.49 12 7 DISINFECTANT DEORDORANT SPRAY SPA6081 $3.08 12 8 GLASS CLEANER BWK37112 $2.85 12 9 LIQUID BLEACH KIKBLEACH6 $1.78 6 10 TOILET BOWL DISINFECTANT --78-`" SPA7496 $6.85 12 11 PINK HAND SOAP EARPINK $5.99 4 12 LEMON DISINFECTANT 485b1 _xb 'i NP5LEQUAT $5.40 4 13 RUST REMOVER 48SEARRUSTGONE $6.25 4 14 DEGREASERBIG G $4.25 4 48Lf*L'' OD091106264 $12.46s ODO-ELIMINATOR 4 16 DEGREASER 2=bbb03 BIG G SC-LC16 $233.04 1 n WASP&HORNET SPRAY DVOCB13536 $4.45 EA 18 INSECT REPELLENT 77=777= 998248 $7.73 EA 19 SCRUB BRUSH 485 gi00b1 RCP6482COB $3.15 EA 20 BOWL BRUSH 4�Sb28_pT�63 '' RCP6301YEL $3.19 EA 21 SPONGE WITH SCOURING PAD 485 gi00b5 BWK174 $0.81 20 22 LIQUID TIDE 485 bT0b3 '.' PGC08886 $15.83 4 23 VIVID COLOR SAFE BLEACH G5�b37-00b4 CL030647 $3.72 8 24 ARM&HAMMER OXI CLEAN . 785�b37�00b5 CDC3320000107 $4.94 6 25 DISHWASHING LIQUID KESLEMOND LEMOND $5.09 4 26 DISHWASHING TABLETS FOR DISHWASHER.: `4$Sb3�_pT�t7' RAC7705OCT $41.10 8BOXES/CS 27 WHITE SHEETING RAGS LWK-5 $7.19 SLBS 28 ALL COTTON WHITE RAGS RMK205 $7.14 5LBS 29 MOP BUCKET AND WRINGER RCP758088YW $82.99 SET 30 DUST MOP HEADS�bp- bbl BWK1336 $12.84 EA 31 DUST MOP FRAME BWK1436 $5.84 EA 32 24 OZ COTTON MOP HEAD 7485ta 2 bbb6 ' BWK2024CCT $4.29 12 33 33"X 40"TRASH CAN LINERS 4&W54W02; CSR334013N $29.78 5001CS 34 38"X 58"BLACK TRASH BAGS 495�075� b3 '.' CSR3858XHB $26.45 100/CS Page 550 of 1161 Neeld Paper and Supply 1134 53rd Ct. North West Palm Beach, FL.33407 Phone(561)841-6601 /Fax(561)841-6796 Contact:Sandra M. Neeld Email:dougb@neeldpaper.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED HISPANIC/WOMEN OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 10 ADDENDUM NA COMMENTS Page 551 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." PRIDE Enterprises 223 Morrison Road Brandon, FL.33511 Phone(877)283-6819/Fax(727)570-3449 Contact:Joseph G. Keen Email:bids@pride-enterprises.org ITEM# DESCRIPTION COMMODITY# PARTNUMBER �at417 PRi � � f a 1 ANGLED BROOM 777701 BR-1024MH $3.89 EA 2 3 LB STRAW BROOM 48b' 7b4b 00312NB $6.85 EA 3 SOFT(FINE)PUSH BROOM 4$5p1Yb4b79 BH-11008 $9.02 EA a STIFF(HEAVY)PUSH BROOM 48b' 76b1Ga BH-12002 $5.66 EA 5 STIFF(HEAVY)PUSH BROOM 451(b4b3 BH-12003/HB-12007 $14.08 EA 6 LYSOL FOAM CLEANER 48YlYftE4 = 64900035 $6.02 12 7 DISINFECTANT DEORDORANT SPRAY4$56174 5 64900035 $3.89 12 8 GLASS CLEANER 48YlYftE6 64400600 $1.78 12 9 LIQUID BLEACH 64400200 $1.85 4 10 TOILET BOWL DISINFECTANT 48 Y1 -pbbt3 ``; 64800400 $11.47 4 11 PINK HAND SOAP 64700400 $3.33 4 12 LEMON DISINFECTANT 747M77bbb6 7 64401300 $1.86 4 3 RUST REMOVER 4$518'0b079 64800700 $4.55 4 is DEGREASER 48M'76 1b 7 64404600 $2.44 4 15 ODO-ELIMINATOR NO BID NO BID 16 DEGREASER 4 4p 3 `` 64301100 $101.35 1 17 WASP&HORNET SPRAY 64900052 $5.74 12 18 INSECT REPELLENT 485 "7 tJbbb6 NO BID NO BID 19 SCRUB BRUSH 00027 $0.78 12 20 BOWL BRUSH �-b NO BID NO BID 21 SPONGE WITH SCOURING PAD 7$5��t10t�S . -, 64900067 $0.38 60 22 LIQUID TIDE 485 487 bb(t3 _`" NO BID NO BID 23 VIVID COLOR SAFE BLEACH 4$ +3t0 4 " NO BID NO BID 24 ARM&HAMMER OXI CLEAN f4$ +3d 5 NO BID NO BID 25 DISHWASHING LIQUID 64101200 $3.73 4 26 DISHWASHING TABLETS FOR DISHWASHE .: `485 4' -(" NO BID NO BID 27 WHITE SHEETING RAGS , b5�F}t1b ;: NO BID NO BID 28 ALL COTTON WHITE RAGS9773 6b4t33 `` NO BID NO BID 29 MOP BUCKET AND WRINGER 4954 �OW01 T01007 $44.62 EA 30 DUST MOP HEAD 7UM377bbb17 DMTL-13536W $6.36 12 31 DUST MOP FRAME BH-24536WF $2.74 12 32 24 OZ COTTON MOP HEAD 48b7 t bt2 `"! CM-2024S $2.28 12 33 33"X 40"TRASH CAN LINERS 4575bbbC� ; 64900057 $40.00 500/CS 3a 38"X 58"BLACK TRASH BAGS 48b7S bpt�t3 `` 64900057 $33.49 100/CS Page 552 of 1161 PRIDE Enterprises 223 Morrison Road Brandon, FL.33511 Phone(877)283-6819/Fax(727)570-3449 Contact:Joseph G. Keen Email:bids@pride-enterprises.org SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID STATED PER DMS CONTRACT PRICING ADDENDUM NA COMMENTS Page 553 of 1161 ANNUAL BID FOR THE PURCHASE OF CLEANING CHEMICALS AND JANITORIAL SUPPLIES BID DUE DATE:September 12,2018 BID DUE TIME:10:00am OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS RECEIVED BID#036-1412-18/MFD TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION, IF ANY ARE HEREBY REJECTED AS LATE." Pyramid School Products 6510 North 54th Street Tampa, FL.33610-1908 Phone(800)792-2644/Fax(813)621-7688 Contact: Kenneth D. Miller Email:kenny@pyramidsp.com ITEM# DESCRIPTION COMMODITY# PARTNUMBER W)NIT 041b,E c f 1 ANGLED BROOM 77WO1(b00O7 ABCO#BR1024MH $3.97 12 2 3 LB STRAW BROOM 48b' 7b4b ABCO#BR28SE $5.89 12 3 SOFT(FINE)PUSH BROOM 4$5O1Yb4b79 ABCO#BH 11008+01101 $9.79 12 a STIFF(HEAVY)PUSH BROOM 48b';76b1Ga ABCO#BH 12002+01101 $8.98 12 5 STIFF(HEAVY)PUSH BROOM 4501(bOb3 ABCO#BH 12003+01101 $9.65 12 6 LYSOL FOAM CLEANER 481t1YObb4 = RACO2775CT $3.27 12 7 DISINFECTANT DEORDORANT SPRAY 4$5O1Y 4 5 433-4104 $2.55 12 8 GLASS CLEANER 481t1YObO6 CLO00459CT $2.99 12 9 LIQUID BLEACH NO BID NO BID 10 TOILET BOWL DISINFECTANT '4777,317-73365s `` NO BID NO BID 11 PINK HAND SOAP BWK410CT $6.99 4 z LEMON DISINFECTANT 48M77bbb6 . NO BID NO BID 13 RUST REMOVER 4O5 Y18'ONO BID NO BID is DEGREASER 48M'76 to 7 NO BID NO BID 15 ODO-ELIMINATOR NO BID NO BID 16 DEGREASER 48 40' 3 `` NO BID NO BID 17 WASP&HORNET SPRAY DVOCB13536CT $4.92 12 18 INSECT REPELLENT 485 "7 tJbbb6 SJN611081 $5.35 12 19 SCRUB BRUSH 4 5�00001 ABCO#00027 $1.89 12 zo BOWL BRUSH ABCO#00017 $0.98 12 21 SPONGE WITH SCOURING PAD 70CHD $0.51 40 22 LIQUIDTIDE 485487bb(t3 _`" PGC08886 $18.44 4 23 VIVID COLOR SAFE BLEACH 4O5+3ObO4 " NO BID NO BID 24 ARM&HAMMER OXI CLEAN f4O5+3d 5 CDC332000107 $5.99 6 25 DISHWASHING LIQUID KESLEMOND $6.97 4 26 DISHWASHING TABLETS FOR DISHWASHE .: '4975"4' -OdOO RAC77050CT $5.89 8 27 WHITE SHEETING RAGS 355-25 $24.25 28 ALL COTTON WHITE RAGS 7-797-7776—os `` NO BID NO BID 29 MOP BUCKET AND WRINGER 14954 X00001 FG7580-88YEL $44.98 30 DUST MOP HEAD GREENWOOD#618 $5.09 12 31 DUST MOP FRAME 4 5 O 60002 _ ABCO#BH24536 $3.79 12 32 24 OZ COTTON MOP HEAD48�b7�,- 062 `"" ABCO#CM2024 $2.29 12 33 33"X 40"TRASH CAN LINERS I,, 14954,075�06002 ; IB55334016K $30.19 34 38"X 58"BLACK TRASH BAGS 485-6750000-4 `` HERX7658AK $40.98 Page 554 of 1161 Pyramid School Products 6510 North 54th Street Tampa, FL.33610-1908 Phone(800)792-2644/Fax(813)621-7688 Contact: Kenneth D. Miller Email:kenny@pyramidsp.com SPECIFICATIONS FOR PURCHASE OF JANITORIAL SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 20 ADDENDUM NA COMMENTS Page 555 of 1161 6.K. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve change orders in the amount of$23,082.25 to Johnson-Davis, Inc. for the North and South Roads Stormwater and Water Main Improvements project, increasing the project cost from$2,077,317.60 to $2,100,399.85. EXPLANATION OF REQUEST: On November 15, 2016, Johnson-Davis, I nc. was awarded the contract for the North and South Roads Stormwater and Water Main Improvements project, Bid No. 035-2821-16/TP as the lowest, most responsive and responsible bidder. The awarded bid was in the amount of$1,843,016.0 plus a 10% contingency of $184,301.60 for a total cost of$2,027,317.60. On November 21, 2017 the Commission approved a change order in the amount of$50,000 increasing the total cost to $2,077,317.60. The project includes water main and stormwater improvements in the Harbor Estates neighborhood. The neighborhood borders the Intracoastal Waterway and is prone to water ponding and flooding during rain events. The project includes new potable water main piping, stormwater piping, five (5) stormwater outfalls, and roadway improvements that will result in reduced nuisance flooding and an improved level of service to the residents of the neighborhood. Change Orders No. 1 through 18 have been previously executed and included acceptance of a bid alternate for an outfall on South Road, addition of public relations services to the neighborhood, transferring water services from the rear easement to the street, bid item quantity adjustments, addition of new sanitary sewer services, time extension due to the impacts of Hurricane Irma and other rain delays, additional concrete for the East Drive outfall, additional quantities for sewer laterals and sample points, conduit on North Road for future electrical services, and time extensions for coordination delays with FPL, Comcast, and AT&T. The available contingency for the project has been utilized and and change orders are needed for the following remaining work: 1. Adding 4" driveway trench drains including a subsurface french drain system and removal of sod and replaced with rock: $13,235.19 2. Drainage issues and subsequent repairs near 716 North Road, modifying the curb, and washout abatement: $9,847.06 3. Total: $23,082.25 Approval of these change orders will bring the project cost total to $2,100,399.85. The Substantial Completion date for the project was March 15, 2018, and the Final Completion date of all construction activities will be September 21, 2018. Note that the delays for the final completion have been due to issues with FPL, Comcast, and AT&T for the transfer of service lines to new poles and the removal of existing poles. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Approval of the Change Orders and completion of the project will result in reduced nuisance flooding and an improved level of service to the residents of the neighborhood. Page 556 of 1161 FISCAL IMPACT: Budgeted The funds for the requested change orders are available in the Utility CIP budget. ALTERNATIVES: Not approve the change orders. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Change Order Request 14 D Addendum Change Order Request 15 Page 557 of 1161 CHANGE ORDER REQUEST VAKO April 28,2018 Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 Attn: Jose C. Huertas RE: 652 South Road Yard and Drive Drains J-D JOB#: 11328 J-D COR#: 14 Jose, The following is our cost summary and detailed breakdown for the additional work requested related to ; Installation of the 4"trench drains along both drives, rock drain area in yard, removal of the sod on property, grading area for rock, installation of filter fabric(weed barrier), and installation of rock. DATE: TBD TASK 1: 652 South Road Yard and Drive Drains 1 Labor 1 LS $5,157.75 $5,157.75 2 Equipment 1 LS $2,853.04 $2,853.04 3 Material 1 LS $5,224.41 $5,224.41 4 Subcontractors 1 LS $0.00 $0.00 Total Amount of COR: $13,235.19 Total Amount of Days Added to COR: 4 Please review and forward to the responsible parties for authorization. As always, should there be any questions, please feel free to contact our office. Sincerely, rt; Wm. Clark C. Cryer Project Manager Page 558 of 1161 Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 1/25/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Davis,Jerry CL 8 $ 23.10 $ 34.65 $ 184.80 Philimons,Kechener SL 8 $ 14.00 $ 21.00 $ 112.00 Eloy Moralez SL 8 $ 16.75 $ 25.13 $ 134.00 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 430.80 Burden 0.4979 $ 214.50 Overhead Cost $ Markup on Labor 15.01% $ 96.79 Labor Total $ 742.09 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 8 $ 29.85 $ 238.80 25-51 CAT 420D IT(Combination Backhoe) 1 4 $ 34.84 $ 139.36 Cutoff Saw 14" 1 1 $ 3.71 $ 3.71 $ - $ - $ - $ - Equipment Subtotal: $ 381.87 Overhead Cost $ Markup on Equipment 15.01% $ 57.28 Equipment Total $ 439.15 Material&Rentals Description Qty Unit Rate Total Dura Trench 24'Section 1 LS $ 1,460.94 $ 1,460.94 $ - $ - Material Subtotal: $ 1,460.94 Tax $ Overhead Cost $ Markup on Material 15.01% $ 219.14 Material Total $ 1,680.08 Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 2,861.32 Comments: Page 559 of 1161 co CL . 06 0 En 0 U � !n , 6 w cu r -� 0OL CL c p LO 4 - ui N tnM va rA .. ',..I C M : .... ........_ r z CL O W @ CJ2 a Co r� w • y d3 m m 1 C6 C6 a'mt �u � 0 LL `� Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 1/26/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Davis,Jerry CL 8 $ 23.10 $ 34.65 $ 184.80 Philimons,Kechener SL 8 $ 14.00 $ 21.00 $ 112.00 Eloy Moralez SL 8 $ 16.75 $ 25.13 $ 134.00 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 430.80 Burden 0.4979 $ 214.50 Overhead Cost $ Markup on Labor 15.01% $ 96.79 Labor Total $ 742.09 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 8 $ 29.85 $ 238.80 25-51 CAT 420D IT(Combination Backhoe) 1 4 $ 34.84 $ 139.36 Cutoff Saw 14" 1 1 $ 3.71 $ 3.71 30-34 Liebherr L538 Loader 1 4 $ 46.26 $ 185.04 $ - $ - $ - $ - Equipment Subtotal: $ 566.91 Overhead Cost $ Markup on Equipment 15.01% $ 85.04 Equipment Total $ 651.95 Material&Rentals Description Qty Unit Rate Total Sackrete 39 Bags $ 6.69 $ 260.91 $ - $ - Material Subtotal: $ 260.91 Tax $ Overhead Cost $ Markup on Material 15.01% $ 39.14 Material Total $ 300.05 Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 1,694.08 Comments: Page 561 of 1161 - I "� E y fl LID wuh LO r� O N 1 2 4 0 T, r' <1 ,. w Mr cn co � ` w r Z € w , eu , c c 9- tc cc ;° c X r ca 6- c� o Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 3/8/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Henry, Everton/Carpenter CL 10 $ 19.00 $ 28.50 $ 190.00 Shakur Molefi SL 10 $ 18.00 $ 27.00 $ 180.00 Eloy Moralez SL 10 $ 16.75 $ 25.13 $ 167.50 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 537.50 Burden 0.4979 $ 267.62 Overhead Cost $ Markup on Labor 15.01% $ 120.77 Labor Total $ 925.89 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 10 $ 29.85 $ 298.50 Cutoff Saw 14" 1 2 $ 3.71 $ 7.42 $ - $ - Equipment Subtotal: $ 305.92 Overhead Cost $ Markup on Equipment 15.01% $ 45.89 Equipment Total $ 351.81 Material&Rentals Description Qty Unit Rate Total Dura Trench 30'Section 1 LS $ 1,754.00 $ 1,754.00 $ - $ - Material Subtotal: $ 1,754.00 Tax $ Overhead Cost $ Markup on Material 15.01% $ 263.10 Material Total $ 2,017.10 Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 3,294.80 Comments: Page 563 of 1161 L a o11 1 o m Ln pp o a3 CL CL Ci k-- N E M. a 75; LO Ln 0 rrst ��} CL �lj E 1119t —� CD Je cr s ai C" Co C 7 CL 2 ri cz p cr (L (j (L 2 --- co a E E o ccr u� cd ' W 2i U t!9 t� t Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 3/9/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Henry, Everton/Carpenter CL 8 $ 19.00 $ 28.50 $ 152.00 Shakur Molefi SL 8 $ 18.00 $ 27.00 $ 144.00 Eloy Moralez SL 8 $ 16.75 $ 25.13 $ 134.00 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 430.00 Burden 0.4979 $ 214.10 Overhead Cost $ Markup on Labor 15.01% $ 96.61 Labor Total $ 740.71 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 8 $ 29.85 $ 238.80 1 0 $ - $ - 1 0 $ - $ - 1 0 $ - $ - $ - $ - $ - $ - Equipment Subtotal: $ 238.80 Overhead Cost $ Markup on Equipment 15.01% $ 35.82 Equipment Total $ 274.62 Material&Rentals Description Qty Unit Rate Total Sackrete 48 Bags $ 6.69 $ 321.12 $ - $ - Material Subtotal: $ 321.12 Tax $ Overhead Cost $ Markup on Material 15.01% $ 48.17 Material Total $ 369.29 Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 1,384.62 Comments: Page 565 of 1161 75 LLPLO n� c \ .. t) N ti S j g )3 t W .�, ¢y OL r�. tTY ro cz ui cl P S i c Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 3/12/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Henry, Everton/Carpenter CL 6 $ 19.00 $ 28.50 $ 114.00 Shakur Molefi SL 6 $ 18.00 $ 27.00 $ 108.00 Eloy Moralez SL 0 $ 16.75 $ 25.13 $ - $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 222.00 Burden 0.4979 $ 110.53 Overhead Cost $ Markup on Labor 15.01% $ 49.88 Labor Total $ 382.41 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 6 $ 29.85 $ 179.10 Generator 1 2 $ 4.85 $ 9.70 $ - $ - Equipment Subtotal: $ 188.80 Overhead Cost $ Markup on Equipment 15.01% $ 28.32 Equipment Total $ 217.12 Material&Rentals Description Qty Unit Rate Total $ - $ - Material Subtotal: $ - Tax $ Overhead Cost $ Markup on Material 15.01% $ Material Total $ - Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 599.53 Comments: Page 567 of 1161 f tiAi.t Qoil a C) ;� c a E 9,. sa to Q 11 J Clt C? 0 O — � C: Lo 0 N Cn C � OIL zip �Evx z 0 a� to p- V ro r Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 4/13/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Filipone Jr,Sergio Foreman 5.5 $ 34.18 $ 51.27 $ 187.99 Stephens, Napoleon Oper-Exc 5.5 $ 22.70 $ 34.05 $ 124.85 Courage,Chesly SL 5.5 $ 18.00 $ 27.00 $ 99.00 Joseph,William SL 5.5 $ 15.00 $ 22.50 $ 82.50 Yanes,Adriel SL 5.5 $ 16.75 $ 25.13 $ 92.13 Valverde,Anthony Oper-Exc 5.5 $ 22.00 $ 33.00 $ 121.00 Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 707.47 Burden 0.4979 $ 352.25 Overhead Cost $ Markup on Labor 15.0% $ 158.96 Labor Total $ 1,218.67 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 5.5 $ 29.85 $ 164.18 20-63 John Deere 220D Excavator(Rubber Tire) 1 3 $ 129.38 $ 388.14 25-52 CAT 430D IT(Combination Backhoe) 1 1.5 $ 34.84 $ 52.26 $ - $ - $ - $ - Equipment Subtotal: $ 604.58 Overhead Cost $ Markup on Equipment 15.0% $ 90.69 Equipment Total $ 695.26 Material&Rentals Description Qty Unit Rate Total #57 Stone 20 Tons $ 28.50 $ 570.00 $ - $ - Material Subtotal: $ 570.00 Tax $ Overhead Cost $ Markup on Material 15.0% $ 85.50 Material Total $ 655.50 Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 2,569.43 Comments: Page 569 of 1161 DAILY R SPORT JOHNSON-DAVIS INC. Job No. 11328 Weather: Sunny Extra Work: No 604 HILLBRATH DRIVE Job Name: North and South See Report LANTANA,FL 33462 Date: 4113/18 Injury Report: No PHONE: 561-588-1170 Day: Friday See Report FAN: 561-585-5252 Rain: N From: To: Cable Damage: No Rain: N From: To: See Report Start Time: e 7:00 AM 5 Total Type v t Location: North Rd U Q of Equip. Employee# Employee Name: Position 0 flours Equip. jNumber 236 Sergio D Flipone FM 10.5 10.5 P.U. 50-264 10 138 Napoleon Stephens - OP 10.5 10.5 Backhoe 2046 3 1177 Chesly Courage PL 10.5 10.5 Rubber Tire 25-52 4 1178 William Joseph SL Family Emergency 0.0 Instrument 65-20 1 845 WHO Yanez SL 10.5 10.5 Sate 70-226 1 99's, 'J 1& Tamper 72-99 0 0.0 0.0 0.0 010 ti.a o.a o.o o.o o.o o.ol o.o 42:0 Cost PRODUCTION Quantity Code DESCRIPTION Installed Trench Safety Report gaze Preparing dock forw-Eeel'r_poG,Ablc, ,,i� r2o,y Trench Depth: 4' 1711`. ry Trench Box Required: No dC l r- 5 .5ocr! d-- Sloping Required: yes Trench Box Inspection: No Sheeting Required: Yes Equip.Back-Up/Travel Alarm � Yes In Order: Water in Trench: Yes Ladders In Order: Yes Exposure to Traffic: Yes MATERIAL DELIVERY LOG Signs and Barricades in Order: Yes Ticket# Item Supplier Delivered By: Underground Utilities'Marked: Yes Proper Stockpile of Soils: vex Stable Rock 90 Deg.Vertical: No Type A Soil 3/4:1 53 Deg: No Type B Soil 1:1 45 Deg: No Type C Soil 1.5:1 34 Deg: ties Comments: At House#652 S Rd removed all the sod in front of the house to install gravel instead of sod 100%complete and ready for gravel. At North Rd Installed steel plates to form up for the dock at House#830 N and to poor tlowbow feel for the 11C>us A la(e. dock.Pour 2 trucks of(10 YD)of fill to complete the bottom part of the dock and completed 100%. Equipment.Maintenance: Date: 1 4113/2018 Date:Y//(, Date: Foreman:'-'-' .'o '7,4.— lSuperinteudent:, Project Manager: age o 61 Johnson-Davis Inc. V,K0 Job Name: North and South Roads(Harbor Estates) Date: 4/13/2018 JD Job#: 11328 Description of Work: 4 in Driveway Trench Drain Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Lester,John SL 6.5 $ 19.50 $ 27.00 $ 126.75 Shakur Molefi SL 6.5 $ 16.75 $ 25.13 $ 108.88 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 235.63 Burden 0.4979 $ 117.32 Overhead Cost $ Markup on Labor 15.01% $ 52.94 Labor Total $ 405.88 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 6.5 $ 29.85 $ 194.03 1 2 $ - $ - $ - $ - Equipment Subtotal: $ 194.03 Overhead Cost $ Markup on Equipment 15.01% $ 29.10 Equipment Total $ 223.13 Material&Rentals Description Qty Unit Rate Total D-3 Filter Fabric Mirafi Paper 1100 SF $ 0.16 $ 176.00 $ - $ - Material Subtotal: $ 176.00 Tax $ Overhead Cost $ Markup on Material 15.01% $ 26.40 Material Total $ 202.40 Subcontractor Description Qty Unit Rate Total Subcontractor Subtotal: $ - Overhead Cost $ Markup on Subcontractors 5.0% $ Subcontractor Total $ - Total: $ 831.41 Comments: Page 571 of 1161 lolsolm"'i-1166 C7 p N _ w U d E �k 16 .w .a Cfl O Ln 76 UJ s, LO.s � N IZIa ° ✓ ✓. . . . L GE .: Y"r K, C" (D A t-� s c U m s ci cry � io K E Ec #s c SO a� w > CD * ° ai a) 0 (n m W ( W L LL i Clark Cryer rTrench s N, ',k,s r�pyor...1—turod by Edc',,00l COVPANII". I,AME ADDRFSS: QUC>-FE 4: 180131-590JMC i CIT ATF,21P: DATE.: 1/31/2018 I "HONE: PROJECT: Clark Cryer LABEL QTY. LEN. PART# DESCRIPTION UNITS EA. EXT. Dura Trench pre-engineered trench drain system(DTPF4-05B24D1- HDBP08ZSA-NSR-4e)includes 4"wide presloped polyester fiber reinforced polymer concrete trench body,ductile iron slotted grate-E coated black-S"wide x 24"long x 0.75"thick,black powder painted structural steel frame for 3/4"thick grates,S'long z profile with DTPF4- anchors 18"O.C.,and rigid metal installation brackets. Trench pricing OSB24DI- includes end plates and necessary hardware. Trench outlets via 4' Per Linear 1'b1- 1 30 $ 47.98 $ 1,439.25 HDBPOSZS pvc pipe out the end of the drain. Product ships fully assembled in 8' root A-NSR-4e lengths(typical)with plywood in the top of the trench to keep the trench opening safe,grates clean,and concrete out during C.OnStrUCtrl on. SHALLOW INVERT=8 in. DEEP INVERT-8 in. FREIGHT $ 200.00 For questions regarding this quote please call Jason Career of Ericsons at 813-504-6145. TOTAL; 1,639.25 '­PLUS APPLICABLE TAXES ACCEPTANCE we hereby order he described materials subject tis all terms and conditions of this quotation and in the crreson conditions of sale included herewith, NAME: TITLE: SIGNATURE; DATE; NOTES: The components used in this quote are NOT Buy America compliant Terms&Conditions of Sale: I. ACCEPTANvE This quotation is an orfel to sel'to potential custonner(s).BUYER'S RIGHT TO ACCERTTHIS OFFER IS LIMIILD TO BUYER'S A55€NTTOTH€TERMS AND CONDITIONS PRINTED HEREON AND-THE ATTACHED CR ACCOINIPANYING QUOTE,AND NO IFRIV15 ADDITIONALTO OR DIFFERENT FROM THOSE IN'T'HISOFFERARE BINDING ON SELLER. THERE ARE No UNDERSTANDINGS,TERMS,CONDITIONS OF WARRANHESNOT FILLY EXPRESSE'J HE:'tEIN. 2. LIMTED,VAHRANI'-ES.Seller war rants that It can convey good ntle to the goods sold under this conte act and that they are free of liens and encumbraneas. Seller also varranas that the goods sale under this contract are f ,frunr defects in n i iai and workmanship for a period of one year atter the date of delivery. I here are no warranties,express ar implied with respect to products sold Hereunder which are misused,abused,or urea �onj u-uctaon a+ith rneeha nical e4ulprnent improperly de,�t; ed,used,or rrrr'ntained or soh-c--hare used,supplied for use or made available for use In any chemical or nuclear application of whicTr seller Inas rot been r,oh gad rn petit n,�y by Buyer tt tl e.nae p(order fist the products sold hereundeo.SELLER MAKES NO OTHER WARRANTY WHATSOEVER,EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IM LIFO WARRANTI€SOF FII NESS EOR ANv PARTOLI AR PURPOSE ARE DISCLAIMED BY SELLER AND EXC=HOED FROM THIS CONTRACT. 3, LIMITATION O. BUYER'S REN'EDIES AND SELLER'S LIABILITY. Seller's liability hereunder shall be limited to the obligation to repair or replace only those products proven to have been defact've-in material or woe knnanship at the time at delivery,or allow coedit,at its option.Salter's total cu muia rive liability in any way arising from or perta r mg to any product sold or required to be sold ander this contract snail NOT in any case exceed the putphase price oard Ey Buyer for suCh products. IN NO EVENT SHALT,SELLER HAVE ANY LIABILITY FOR COMMERCIAL LOSS,LOST PROFITS,CLAIMS FOR LABOR,OR CONSEQUENTIAL OR-NCIDENTiA'L DAMAGES OF ANY TYPE WFILI E ER BL,YER'S CLAIM BE BASED IN CONTRACT,TORT,WARRANTY,STRICE LIABILITY,NEGLIGENCE,OR OTHERWISE IT IS EXPRESSLY AGREED THAI BUYRR'S REMEDIES EXPRESSES}IN THIS PARAGRAPH ARE BUYER'S SOLE AND EXCLL151VE RENIED:ES. s. I.ID117,ariorl OF BUYER'S RLMIANES AICD SFI.I.ER'S LIABILITY FOR FAILURE OR DELAY IN DELI'tRY, NO DELIVERY DATES ARE GUARANT€ED. fil.11'ER'S SOLE AND EXCLUSIVE REMEDIES AND SEI LER'SONcY LIABILITY FOR ANY DELAY IN DI LI ih.3H I,Ec LIME FD AS SET FORTH IN PARAGRAPH 3OF THIS CJNTRACr. 5. Fr,)E,,E t'.AJJRE In a rr s_r Land In zdd't'on to-,IT other hortationsstated herein,Sell-shall not be liable forany act,om scion,result or consecxuence including but not limited to anydelay in delivery or performance,sst ch is IT)due to any act of God,the performance of any govc rumentard r,awry rude,bearing priority rating or order pia,,d c rder any allor.atiur,piogram,mandatory or voluntary,established pursuant to law, c.-p,nbor shortage,file,flood oIctf er casc,alty,pp.ernrnanta'regulation or requirarnent,shortage or faqure or rat arab,=real,supply,fuel,power or transportation,breakdown of equipment,or ar y cause beyond see easonabl-"ont'al..l-t aer:xrsurlla-c*r dis.r ilar nowt to these above enu.na Ut d,or(2)due to an,aUlke,labor dispute,of dlfrelence Wah.,orkers,regardless of whatF_ei or not Seller is caoablc:of settling tarty such IFQ,pro'oler=r. ' Lr c'Euris,IIIc. 574C,IlTdustrial Way N. 77&505 6575 C-1allos,GA 30112 www.trenchelrairi.net 1 of Page 573 of 1161 V$.,. Dec 08 16 12:94p Eric'sons � 7705056110 p,1 Invoice nate tna�atae� 5i4C Industrialal Wage h4 Dallas,GA .1013 I{3r4'2nIFi {i 3 Phone:(770)505-6575 Fax. (770)505-6 1 10 Gil(To Ship To Johnson-Davis Inc. Tarircn sten Davi,Inc Atint Accts 1$a>lamble 6d41Iill FrratEa I)rr Y•e 604 hiillbraah bi l,nntanr,i t.33462 Lantana,FL 333462 3 `l P 4-Number Terms Rep Ship 1Jaic Via 11231-Ol i Net 31) JRhC: 101412 01 Suuiltcastcrn Cluantdy item Cade Descriphori Price,Each Aixruni € I'0C)II',('F (PLAUNIENT T-UN{'H GRAINS C"(TNTACF.Doug Ipohlo-(561)644-5877('ar 06 1)588-1170 ' 24 D'n14rcnch 1)ucarienchpre-engineered trenchdrnnosyslcm fr.8'i 1.36 16 (1)CPi=-4-05B241'71-ITI)tTi'-[-CiL 54-4cJ irrcluds's 4"(vial, Picsloped polyester liber relnl'aaeed polvmcrconcrcic trench b<adv-duetgc iron slotted grate-li coated black-5"wide a 24"lungs M5"thick.stainikss gia€e lochs Ihtctuding Ita1t. @ "a%her as required.and 4"hacking bar),black powder pawled structural stael lknnrc-8,Sung Yeltlr anchors 18"(9.C'.,and ri'id metal ins€allalikAl brackets. T-tench pricing includes end plaid and ncccssary bsirdw are. 'french outlets a ia.4 inc}r pip.but 3 the enc#orale drain, product ships mile,mumbled in 8' I'atgitsti(typical)�ill Plg ra�ovd in the top of the trench to keep IPte trench(Tc inlig sale,brutes Octan.and concr'elr out during; construction. y 1 18 O ilia French flirt'I reaicIi it re•en g n i Ce re d ti e n c h drabY sY%iern ,)j..{ I.$92.ll,1i (DI PF,I-fd51324DI-I-IM3P-l.GLS,54-4e)mc,lud"4"wide p-esloped polyester Liber icinfurecd polvnIereonere Irenclr Ifudr,ductile iron slutted pTettt;-F coaled IYlack 24"kmg s€t,75"thicT< st�htalc%s grata`lock {including loaf(_ u-ashes as requ€rcd,and 4"locking bar),black powder painted strue lural steel€rarna,8'luaig%kith anchors Iii"C)C.,and rigid metal installation hralckcis, )bench priccng includes cad phslea and neccsxa}'Itard3vsn. Trerich olitictx via 4 inch pipe Out ilc end of the drain. Ih oduct.ships Rill;alsscnibl':d in 9' lengil'ls(1-pical}%idr pl\'svotxl sit the Lisp of tile trench to kacp Elie trenchoperong sate,grates cicrun.and cu 1cretr ntil during, coltstrtaet"M \ I Fle'u'Jil hrLivht C'hai'ves(Smithenstena tRO4 3.'30975650) 236,06 716.l3fY r r g _wu�� ut!a.a.rias r^a rMc t TotalH. t Page 574 of 1161 CHANGE ORDER REQUEST VAKD July 9, 2018 Boynton Beach Utilities City of Boynton Beach 124 E.Woolbright Rd. Boynton Beach, Florida 33435 Attn: Jose C. Huertas RE: 716 North Road Drainage Issues (North Side) J-D JOB#: 11328 J-D COR#: 15 Jose, The following is our cost summary and detailed breakdown for the additional work requested related to ; Installing new curbing behind the existing curbing. Modifying the new curbing via sawcutting per city and homeowners request. Addressing washouts due to curbing design flaws. DATE: TBD TASK 1: 716 North Road Drainage Issues (North Side) 1 Labor 1 LS $2,750.02 $2,750.02 2 Equipment 1 LS $1,670.89 $1,670.89 3 Material 1 LS $1,666.10 $1,666.10 4 Subcontractors 1 LS $3,760.05 $3,760.05 Total Amount of COR: $9,847.06 Total Amount of Days Added to COR: 4 Please review and forward to the responsible parties for authorization. As always, should there be any questions, please feel free to contact our office. Sincerely, Wm. Cl k C. Cryer Project anager Page 575 of 1161 Johnson-Davis Inc. Job Name: North and South Roads(Harbor Estates) Date: 4/18/2018 JD Job#: 11328 Description of Work: Washout at 716 North Road Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Valverde,AnthonyOper-Exc 4 $ 22.00 $ 33.00 $ 88.00 Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 88.00 Burden 0.4979 $ 43.82 Overhead Cost. $ - Markup on Labor 15.0% $ 19.77 Labor Total $ 151.59 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 8 $ 29.85 $ 238.80 $ - $ - Equipment Subtotal: $ 238.80 Overhead Cost $ - Markup on Equipment 15.0®! $ 35.82 Equipment Total $ 274.62 Material&Rentals Description Qty Unit Rate Total $ - $ - Material Subtotal: $ - Tax $ - Overhead Cost $ - Markup on Material 15.0% $ - Material Total $ - Subcontractor Description Qty Unit Rate Total $ - Subcontractor Subtotal: $ - Overhead Cost $ - Markup on Subcontractors 5.0% $ - Subcontractor Total $ - Total: $ 426.21 Comments: age of 1161 DAILY R EPORT JOHNSON-DAVVIS INC. Job No. o ffeather. Extra Work: Y/( 604IIILLBI2A'TIIDRIVE Job Nance. ` t� 0tcti y See Report cir'L LANTANA,FL 33462 Date. Injury Report: Y I ID PHONE: 561-588-1170 Day: it ` See Report FAX: 561-585_5252 Rain: From: To: Cable Damage: Y/Q Rain: Front: To: See Report Start Time: a, o Total Type U � Location: ° Man of Equip. U n # Employee Name: Position Hours Equip. Number `" p 7G5 FM P.U. " . Cost PRODUCTION Quantity Trench Safety Report Cotte DE S C 111 P T 10 N Installed 'french Depth: ��� rT. 'french Box Required: V I Sloping Required: a I N rrench Box Inspection: V 10 Sheeting Required: ti'/(& Equip.Back-Up/Travel Alarm N In Order: Water in Trench- Ladders In Order: 01N Exposure to Traffic: 6 N MATERIAL DELIVERY LOG Signs and Barricades in Order: OiN Ticket# Item Supplier Delivered fly: Underground Utilities Marled: &N Proper Stockpile of Soils: lei N Stable Rock 90 Deg.Vertical: V I Type A Soil 314:1 53 Deg: via Type 13 Soil l:1 45 Deg: y/6 Type C Soil 1.5:1 34 Deg: 31 i N Comments: "\55."Sied Sac' f] _CCW. W,t �i�~ - .�. 4tiIGttCr lCjtl1 r�StGi1���Utl, "ti3a.s' �rnm' .#C. mor-t v\,.-51'i.00i. �,3G6��.G'lrtohl.�1(?. :..+arlke SOrICri�Ol'+ t� WCAS�n O�'1' 0,fder e( t It , F1�e p+clued vp hurl©� 'r�o tit< C c� Q.f\& deVi)creCk 54.eefs __cid _icy t e__ +c ._ 3o.se'_ a101e.zo4 Equipment Mahtten,utec: Date: ry l Date y Pg-I$ Date Foreman:: Superintendent: 1ProjeX/Man; n: cr: 77 of 1161 Johnson-Davis Inc. Job Name: North and South Roads(Harbor Estates) Date: 4/19/2018 JD Job#: 11328 Description of Work: Washout at 716 North Road Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Valverde,AnthonyOper-Exc 10 $ 22.00 $ 33.00 $ 220.00 Pickens Jr.,Tomm SL 10 $ 16.75 $ 25.13 $ 167.50 Lester,John SL 4.5 $ 18.00 $ 27.00 $ 81.00 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 468.50 Burden 0.4979 $ 233.27 Overhead Cost. $ - Markup on Labor 15.0% $ 105.26 Labor Total $ 807.03 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 10 $ 29.85 $ 298.50 Foreman Truck with Hand Tools 1 10 $ 18.56 $ 185.60 $ - $ - $ - $ - Equipment Subtotal: $ 484.10 Overhead Cost $ - Markup on Equipment 15.0®! $ 72.62 Equipment Total $ 556.72 Material&Rentals Description Qty Unit Rate Total 5 CY of 6000 PSI Flowable Fill 1 LSU $ 791.80 $ 791.80 $ - $ - Material Subtotal: $ 791.80 Tax $ - Overhead Cost $ - arkup on Material 15.0% $ 118.77 Material Total $ 910.57 Subcontractor Description Qty Unit Rate Total $ - Subcontractor Subtotal: $ - Overhead Cost $ - Markup on Subcontractors 5.0% $ - Subcontractor Total $ - Total: $ 2,274.32 Comments: age 5 7 of 1161 DAILY R EPORT JORNSON-DAVIS INC. Job No. 11,3aWeather. G Extra Work: ,,ACI 604 1IILLBI;A'rll DRIVE Job Nanie: See Report LANTANA,FL 33462 Date: +(-'q- l Injury Report: 1'/& 111IONE: 561-588-1170 Day: j(� See Report FAX: 561-585-5252 Rain: From: To: Cable Dana+de: Y Rain: Froin: To: See Report Start`rime: v 7; o Total Type v U Loeation: Mau of L++quip. 3 a # Employee Nanne: Position Mows Equip. Number 795 ValvecAeFM P.U. 1 4 543 1'0 ` WS 0 Cost PRODUCTION Quantity Trench Safety Report Code DE S C RI 11 T 10 N Installed Trench Depth: FT, Trench Box Required: Y/N Sloping Required: YIN rrench Box Lnspectiolt: YIN Sheeting Required: Y/N Equip,Back-Up/Travel Alarm YIN Iu Order: Water in Trenclu Y/N Ladders In Order: Y/N Exposure to Traffic: Y/N MATERIAL DELIVERY LOG Signs and Barricades in Order: YIN Ticket# Item Supplier Delivered By: Underground Utilities Marked: Y/N `(1 /a.) ( N fI Proper Stockpile of Soils: Y/N Stable Rock 90 Deg.Vertical: Y t N Type A Soil 3/4:1 53 Deg: Y/N Type B Soil 1:1 45 Deg: Y/N 'Type C Soil 1.5:1 34 Deg: Y/N Comments: 5T\Oveked\. - . SfAM'ttk ar\d C-00-t. c0aa.--ScaWC11, Wq,$�ftoo+_ Fre.gfiCed Watt o� Pour -s �epareol _ .Vence o.nd Frac+oxJs p + aSGc a _&jen-V Per _Pgafi. Equipment Maintenance; Date: e : Dat .,�`/ ti-r5-18 Date f ' Forennan: Superintendent: Project Manugep c 79 of 1161 Q CD 43 � w ;. w. ? CD 70 CD .. -� 3 CD cr Q a, CD a �—. -0 y a m Ob 14 cn co c �• u CL 3 .4 Oz cn Cr C ,a W - rA � 0 0 CD � —, � Ca ID CA ctr tU c i � 4 4 1 � 0 [�}7 m CD � s ZE 73 0 Page 580 of 1161 i Remit to:Lockbox Address: �r Maschmeyer Concrete Company of Florida P.O.Box 628389 1142 Water Tower Road,Lake Park,FL 33403 Orlando,FL 32862-8389 Phone(561)848-9112 Fax(561)844-7102 1 www.maschmeyer.com l}} CUSTOMER PHONE CUSTOMER FAX 900261 DOT/NON-DOT Concrete-2018 c JOHNSON-DAVIS INC. DATE 04/19/18 INVOICE No 473442 604 HILLBRATH DRIVE CUSTOMER NO 2648 JOB NO LANTANA FL 33462 PAGE NUMBER 1 ORDER NO 269 DEtTVERY ADDRESS PURCHASE ORDER HUMBER 1 US 1 & NORTH RD **3$ ACCEL**POURING RT11328 ' . DELIVERED UNIT TAXABLE NON TAXABLE DATE QUANTITY MATERIAL PLANT NUMBER PRICE EXTENSION EXTENSION � SHIPPED ,I 04/19 5.00 607 6000 PSI fin 102 755255` $131.00 $655.00 09/19 5.00 DARACCE DARACCEL 3'6 102 755255 $9.00 $45.00 04/19 1.00 ENVIRO ENVIRONMENTA 102 755255 $20.00 $20.00 04/19 1.00 FUEL SURCHAR 102 755255 $20.00 $20.00 ail all pa ents to lockbox: Maschm er CAcrete P. Box 628 89, Orlando, FL 32862-838 {fte. t d: 13 t> 4 l._)(?CA {l t �t 5 '}r a Cash o Ck Disc. $7.40 CAN BE TAKEN I PAID Y 05/10/18. Pre ax Subtotal: $740.00 i9 TOTAL SALES TAX TOTAL YARDS • $791.80 5 s, _f Page 581 of 1161 6 1 py£Z3°royy I FpDDI*1N I m�N Q` 3• /N. trIDmCJ mm t 9a 02 gi ��� �z ZI M t o m ra m A m vWr sim __-u_�_S E I I N S O a 00 A m� I R9J09� I (nx �fla5a r' NSJ ' 9Cf U T Z gg gHy p� F I9m m R 5990 n 'S5 .QA r { f1 I n N 1jjj Om° CZDS MHFO •" r FT N NOC7a C Z r- rr L I 9 U1 9 9� 1 4 Z v m rt l i O a 2Z WSal '( �C 4 � i 9 909� i 3b �. 3 Nr s ,i � I o A m•r - � �((, ea I N •-"{ O Q y`O� � U I s it � 1i I I-: s i i; i lC ! 51f Ji S! Page 582 of 1161 Johnson-Davis Inc. Job Name: North and South Roads(Harbor Estates) Date: 6/4/2018 JD Job#: 11328 Description of Work: Washout at 716 North Road Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Lester,John SL 3 $ 18.00 $ 27.00 $ 54.00 Pickens Jr.,Tomm SL 3 $ 16.75 $ 25.13 $ 50.25 Henry, Everton/Carpenter CL 8 $ 19.00 $ 28.50 $ 152.00 Shakur Moleri SL 8 $ 16.75 $ 25.13 $ 134.00 Humberto Gil SL 8 $ 15.55 $ 23.33 $ 124.40 Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 514.65 Burden 0.4979 $ 256.24 Overhead Cost. $ - Markup on Labor 15.0% $ 115.63 Labor Total $ 886.53 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 3 $ 29.85 $ 89.55 Support Crew Truck with Hand Tools 1 8 $ 29.85 $ 238.80 Generator 1 3 $ 8.25 $ 24.75 Saw 1 1 $ 5.25 $ 5.25 $ - $ - $ - $ - Equipment Subtotal: $ 358.35 Overhead Cost $ - Markup on Equipment 15.0®! $ 53.75 Equipment Total $ 412.10 Material&Rentals Description Qty Unit Rate Total $ - $ - Material Subtotal: $ - Tax $ - Overhead Cost $ - Markup on Material 15.0% $ - Material Total $ - Subcontractor Description Qty Unit Rate Total Pathway Type D Curbing 115 LF $ 25.00 $ 2,875.00 $ - Subcontractor Subtotal: $ 2,875.00 Overhead Cost $ - Markup on Subcontractors 5.0% $ 143.75 Subcontractor Total $ 3,018.75 Total: $ 4,317.38 Comments: age 583 of 1161 j1Aoo-rt- a b, .71W., 604 N!Ufi&& 1` y, .eatitwtas, 2 33462 (561) .SS-1170 Equip. Equip.# Hours used Employee# Employee lame Hours Late: ,Z —1 5 P.U. 5-0 e;a 01, �l It'���'zo . 7"1v ma c. Lay: , r e : qY Saw 10 Z- R I I' ' � �s°�m - u r / Start Time :J 3" Pump r 12, ,7Z-,7 I a.m.. P.M, ry & Weather: 053 ef _ 1 Total Man Hours —}I Jab Name T a S k Inspection Jots # Cost Hours Result Cade 0,11 Total Hours 3 M' Extra Work:: Y 1 N .Job Nam Subcor' ractor Material used: Vender Task Arrive Deparl Comments: Equip. Maint: ' Cate: 7 c Date; I Gate: l Foreman: -e Isupt. Managmef Page 584 of 1161 a 0m ( - m S Cn Q J a ' . , , , sltLA ID m ua „ (D CD ra c o Cr �,m C: c cn cCD n� ffi ° w O w m L d1 9 CL CA 0 t 0 CDm 4 CIOms CNQ _ ro . m to CD r� • CD - C Cha 9� B 1 < C;i' CL ch rj CD w4 i o 1161' fb`a e! of` Invoice Pathway Enterprises INC:. --- ------- --- —_._.-.__ 679'7 Augusta Ct West Palm Beach 1 L,33412 7 6/14/2018 �18 Date Invoice# Phone.561-478-4822 } Fax:561-684-1179 Email: sales @y i I i Bill To , _ ------------i Johnson-Davis, Inc. .604 Hillbrath Drive ILantana, FI. 33462 — — _-t.--- - I-------- P.O No. I Terms Project NORTH ROAD j } Quantity Description Rate Amount iti I 115TYPE B CURB 25.00 2,875.00 ; I i � rNORTH ROAD I tii i V" i i I { ! Total $2,875.00 }S Page 586 of 1161 Johnson-Davis Inc. Job Name: North and South Roads(Harbor Estates) Date: 6/5/2018 JD Job#: 11328 Description of Work: Washout at 716 North Road Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Lester,John SL 6 $ 19.50 $ 27.00 $ 117.00 Shakur Molefi SL 6 $ 16.75 $ 25.13 $ 100.50 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 217.50 Burden 0.4979 $ 108.29 Overhead Cost. $ - Markup on Labor 15.0% $ 48.87 Labor Total $ 374.66 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 6 $ 29.85 $ 179.10 $ - $ - Equipment Subtotal: $ 179.10 (overhead Cost $ - Markup on Equipment 15.0®! $ 25.87 Equipment Total $ 205.97 Material&Rentals Description Qty Unit Rate Total $ - $ - Material Subtotal: $ - Tax $ - Overhead Cost $ - Markup on Material 15.0% $ - Material Total $ - Subcontractor Description Qty Unit Rate Total $ - Subcontractor Subtotal: $ - Overhead Cost $ - Markup on Subcontractors 5.0% $ - Subcontractor Total $ - Total: $ 580.63 Comments: age 587 of 1161 M E�: m CDm 3 ' CD [i CD c 0 3 3 C"h C CD r t> w � -U CO ' c CZ v CD CD m s y k 0 CL rh CA cr n 0 "N 03 ci� CJDJ fR B --h, :3rt xu Q4 0 cr CA M Cn n c� 0 CD o C>Q X. {D ULl o y Page 588 of 1161 Johnson-Davis Inc. Job Name: North and South Roads(Harbor Estates) Date: 6/28/2018 JD Job#: 11328 Description of Work: Washout at 716 North Road Labor Standard Overtime Standard Overtime Name Position Hours Hours Rate Rate Total Henry, Everton 6 $ 19.00 $ 28.50 $ 114.00 Shakur Moleri 6 $ 16.75 $ 25.13 $ 100.50 Humberto Gil 6 $ 15.55 $ 23.33 $ 93.30 $ - $ - $ - Superintendent SI $ 49.58 $ 74.37 $ - $ - $ - I $ - Labor Subtotal $ 307.80 Burden 0.4979 $ 153.25 Overhead Cost. $ - Markup on Labor 15.0% $ 69.16 Labor Total $ 530.21 Equipment Description Qty Hours Rate Total Support Crew Truck with Hand Tools 1 6 $ 29.85 $ 179.10 Generator 1 1 $ 8.25 $ 8.25 Saw 1 1 $ 5.25 $ 5.25 $ - $ - $ - $ - Equipment Subtotal: $ 192.60 (Overhead Cost $ - Markup on Equipment 15.0®! $ 28.89 Equipment Total $ 221.49 Material&Rentals Description Qty Unit Rate Total RMB Concrete Concrete for Washout 1 LSU $ 656.98 $ 656.98 $ - $ - Material Subtotal: $ 656.98 Tax $ - Overhead Cost $ - Markup on Material 15.0% $ 98.55 Material Total $ 755.53 Subcontractor Description Qty Unit Rate Total ABC Concrete Cutting 1 LSU $ 706.00 $ 706.00 $ - Subcontractor Subtotal: $ 706.00 Overhead Cost $ - Markup on Subcontractors 5.0% $ 35.30 Subcontractor Total $ 741.30 Total: $ 2,248.53 Comments: age 58 of 1161 -n ® i m C) 3: m 0 m 0 0) x CD m m CD CD 3 CD ff CD 3 3 M. 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Pit r., 0 CD < CL 0 IN, rr CD 0 CD cn • m --1 0 to A) P+ F (D 0 ID 0 CD X, E3 CD cr 0 > 00 0 0 < OL CD CD .............. 0 !O� Page 590 of 1161 1k, CONS ` � AS C. $AND ' Rp W 460 Avenue's GRAVEL oo 10ra'Seach FL 3444 �1I Phone: 56184QM6 94 Fax: 561-840-64917 N0.05,56:1 town, rIM R;t' oAr 6PJ2048 et- %IPTH RD 11 0 UNLOADING ARRIVOI)AV r �� s q��� t �� � ,i{ ,{ � gg t ,���``•' €rj tj}Y{� �zS�t!!!! s,J;;� 't{ .,'\t ': (£�+')t'. y, , ��y, (4 r it ,- £J_t tlr sC,,.; na>� � R `t z' -;.�1`,,, ,t,..., j- � -- �r J 2•l ,'( `3 r , ,i_ l,'t,.t l 7 i 2 r rr'.. i s t, ������` ��.� � Y '!i}'S' is 1 � 1:.5 £ t`rr:r,'__ ,� ,.. �„, is •i s,.) £�, � � `� �+.�:�� < �. s -„ 1,1101 s` lv,� >Al ,, ,,,tsl }r t I.I t��� >� ���\ €y�l ar-`•;��7i��.� ��5���4�)1�'3����.,sf, ,,,,n��}, {�rs'{t1�s�,� �,£S�\ t �� r i i � ���#}� •'r� - rrt£Sl 1�\i#��� �5����,���,,i,�IrSS�„rl� rr tt 1)Vi1 ii��lel art\��JIr1S) > t h rl r r jt 1{,i-��£t t £tRl Z,i Ir , r W "`N3TG3UAFtANTr ,TINt H}?p UI Y obtanedh mtnis o d tc n ret as man im art ntfactars � >'��h�t if�>Il'£��`M I 1 �i' B � n th,vlfirna#e quality r f the corriplated JQb are cuter aur cahfrni,i�p NOT Tfi9kVl L�JCi'�A CA CONORETS. �?�s�gtr`�1��;�t`� �ii� � h 1f( t� ,?dATF C?NpRiVAi `I 1f>vtl P$T?hII�ATpUFiCM+$F'ORrSff.weWilt natsesame reporwhi0fy tar da rrd ceµsgd by ouriruoka ar Wrecker, fa maks detivary anywhere off a paved pubtia street or �!� S! 'tYfa�w�y pd�ainar is r�pbnsthte for any y wreaker,tees. MM t ?dslh�for dgmago or shortage most be noted on rge added to all this ticket, ha t (kic s(ytat added to this controls will reduce itavItrengtlt,Any water added at Customer's risk,' 1 1/2/Sen/160 accounts atterCho days,which equals 18°Ar annual percentage rate ?{+ fry` 4tggals Freshly mixed cement,m� grot�argonarete iMOk& CONDITIONSp Tit1 E9 N1t can cause skirttitlkadatr;Arc144l rsatOprt tryhere passible Ond wash erfeckdd arses Aro-2p#fY With water if art, 'eoptdmpatpd mr;#t rlai tats Irta tfta ayes, # r f latdt refit> FettPlt`attb wee a rd b plyt (rllYN6 r al �dri v ?tA th?ptf}tlildN Page 591 of 1161 013( PRECAST CONCRETE&PRECAST,INC. SANG GRAVEL s READY-MIX 460 Avenue S CONCRETE '` 4 Riviera Reach, FL 33404 Phone: 551-840-6499 Fax: 561-840-5497 k; TICKET �I 'TIME DATE q GUSTOMIER ___.._......- Pq.NUMBER TRUCK 24 DRIVER �D:Q � 1) JOHNSON X33 `__—..___._ TIMEARn17ff6" � 'FINISHEDUNLOADING { �t� .� _._.1._� .... W'""" DELIVERTq i SOLDTO 'NORTH RD I �t Johnson&Davis 4Hiiibrath Drive BOYNTON STARTED UNLbADIN(i — ARRIV DAT PIANT 00 L and,FL UNIT OF r PR DUCT ��� dow-i 'T '�` ITy DUO f THIS LOAD ORt? ihTOn i, ISBLIYERBGS G9PE DESCRIPTIOW 5,00, A­30Qti iEG� 3000 C3ULAR ` t{( , Dp_UVOY DEL) l� Vi I . , le,CLI. � f Purchaser:dots v Import information r� •WE DO NOT taUARANTEE FINISHED RESULTS obtained from this load of concrete as:many important factors ''ti'at1BTOTAL {Y affecting the ultimate quality of the completed lob are nut of aur control.DO NOT TROWEL EXTERIOR CONCRETE. TAX 1i ♦DELIVERIES MADE ON PRIVATE PREMISES ONLY AT PURCHASER'S RISK.We will not assume reponsibility, � TOMT .. for any damage caused by our trucks when required to make delivery anywhere off a paved public street or roadway.Customer Is responsible for any wrecker fees. •Any claim for damage or shortage must be noted on this ticket. ;- 1 1/2%Service Charye added to all (;. •Additional water added to this concrete will reduce its strength.Any water added at Customer's risk. accounts after 30 days,which equals 18%annual percentage rate. CAUrADN 7�tFreshly mixed cement,mortar,grout,or concrete ` WATER ADDED ON JOB,...._..._-.-.— gets- can cause skin irritation.Avoid direct contact where I AGREE TO THE TERMS AND CONDITIONS OF THIS DELIVERY: passible and wash affected areas promptly with water. y �/�'' if any contaminated material gets into the eyes, t,.0 ir. .1011—T 1VE ... rinse immediately and repeatedly with avatar and get prompt medical attention. DELIVERY INSTRUCTIONS SPECIAL. INFO ON REVERSE SIDE , SPECIAL INSTRUCTIONS Page 592 of 1161 J11 1 9 a Invoice No 08,515 NU, �[, FT LAUD 2251 HAMMONDlLE VI C. MIAMI....ERDALE......... 954.5PAL 23-4848 4848 POMPANO BEACH,FL 33069 FT ICRC ECH...„....... 561.73767651 .abcconcretecutt 772 465 4539 B7—_ 9 coinSON_DAVIS INC Invoice Date:06/15/2018 an Ma, TH DRIVE Site Lantana,FL 33462 Address; PO No: CURB SAW PROD � 716 N ROAD S EC7 Description BOYTON,FL 33460 LA GAS AST WWG Tp Terms: CURVE CUTTING: DUE 120'X 8"DEEP UPON RECEIPT t F CURB CONCRETE, Price 706.25 s` t Sub Totah ti 706.25 Invoice Total; 625 W. . i t f: i'- I 4 a S **Aj MPJOR CRCDTT CARDS ACCEPTED COPY Of IWS INVOICE WUH YOUR REMITTANCE'*' � ti Ca pw6���C�d of CetqIoild for any CE05tlt1�W0 CES2tV2 the right to charge you for the amount of the check Paq.t ut i Page 593 of 1161 orf hOre ► m h, 225c Concret a/�S Rep® ttin9,I 1? pomp o Geon elle Rd,/7caeh'F�33068 Tick et No: 16390 Date Job/V 1 , Service.. 0 S61 � z RPp e9uisitlon No.: 2018 .Friga No.; Y Bill To, � Terra': DU Jp Ala Up 604 N1t 8 DAVIS INC Ordered B e. CURB SAN RFCFIpT Lantana,LB�ATjq DRIVE Sales Rep.: CLARK wPROJZCT � 33462 p Jor 8e Gatto i Work Site: 716 Al OA s0)7p D r. e wa Item Contact C�ARk N,Ft.33460 No. Ret;Number (561)718 Lead,*;Michael -4531 Break-L:30 Al" 0nti9 Started- In Arrives; _8 Departed: 8:45A fq M Shoe ?0 163901 Completed; 3:00pM Trave1.210 GAS FLAT SAWING 4'30PM @ Shop Onsite:5:45 '06,25 A Total.7:55 CURVE CUTTING: 120'X8"DEEP"F"CURB CONCRETE. Time:5:45 k"JQB COMPUTE. $706.25 i,. *I HAD AN ACCIDENT LEAVING 1HFj6F3 SITE. � `ARRIVED 8:45AM,DEPARTED 3:040, SEE INCIDENT REPORT 706-25 s r r{ it r 1 t I-, I` } r, Page 594 of 1161 6.L. CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve increasing the purchase order to Sherwin Williams Company for paint and supplies utilizing the Broward County School Board contract#18-022R from$24,500 to $30,000. Finance has reviewed and determined that Broward County School Board procurement process satisfies the City's competitive bid requirements. EXPLANATION OF REQUEST: The Facilities Division issued a blanket purchase order for $24,500 with Sherwin Williams for FY2017/2018 utilizing the Broward County School Board Contract#18-022R. As a result of the temporary moves of city services associated with the Town Square project staff has done some of the build out work inhouse and needed supplies from Sherwin Williams that caused the division to exceed the $24,500 amount of the purchase order for the FY 17/18. Staff is requesting an increase of $5,500 for costs incurred thru 9/30/18. Purchase orders that exceed $25,000 require Commission approval. We currently have thirteen (13) invoices pending in the amount of$2,492.71 to process for payment and with an increase in the amount of$5,500.00 it will provide an additional $3,007.29 for any additional expenses that may be incurred through September 30th, 2018. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Expenses incurred are necessary to prepare the temp locations for City Hall, Library, and PD staff. FISCAL IMPACT: Budgeted Funding is allocated in Facilities Division account#001-2511-519-52-24 ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 595 of 1161 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Sherwin Williams START DATE: 10/1/2017 END DATE: 9/30/2018 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description Agenda Attachment- Sherwin Williams- a Contract Contract 18-0228 Broward Cty Schools Exp 09- 30-18 Page 596 of 1161 ® PROCUREMENT & WAREHOUSING SERVICES ® 7720 WEST OAKLAND PARK BOULEVARD,SUITE 323, SUNRISE, FL 33351 • PH:754-321-0505 EMAIL: PurchasingHelpDesk(7BrowardSchools.com www.broward.k12.fl.us/supply/ CONTRACT AWARD DETAILS Contract Number: 18-022R (Previous Contract Number. 15-032R) Contract Title: Paints, Caulks, Sealers, Related Coatings, and Accessories Contract Value: $350,000 Contract Start Date: October 1, 2017 Contract Expiration Date: September 30, 2018 Purchasing Agent: Al Shelton E-mail Address: asheIton@browardschools.com Telephone Number: 754-321-0520 Purchasing Technician: Juan Perez E-mail Address: juan.perez@browardschools.com Telephone Number: 754-321-0513 Background: Traditionally, the intent of these specifications was to purchase nearly all to paint factory-direct in order to obtain the desired uniformity of color found in the manufacturers' use of powdered tint. This process has significantly changed with SBBC staff reductions over the past five years. SBBC may place greater emphasis on purchases from the manufacturers' local distributors where paint has been custom-mixed at the store location. Previous SBBC plans to purchase larger lots of specific serially-numbered paint lots for periodic shipment over a 90-day period have been reduced. Nonetheless, on the occasions when SBBC orders factory-manufactured uniform serial numbered paint lots, these lots manufactured and shipped may vary in quantity the greater or lesser of 10% of the original order quantity placed by SBBC personnel. Method of Award (MOA): Bid shall be awarded by ITEM to a primary and alternate responsive and responsible Bidders meeting all specifications, terms and conditions offering the GREATEST SINGLE-FIXED PERCENTAGE DISCOUNT from manufacturer's suggested retail pricelist (MSRP). Offering a percentage mark-up, instead of a discount, shall result in disqualification of bid item. Multiple discounts offered shall be disqualified. SBBC reserves the right to procure goods from the second and third highest discount % Bidders if: a) the highest discount% Bidder cannot comply with delivery requirements or specifications; b) the highest discount% Bidder is not in compliance with delivery requirements or specifications on current or previous orders; c) in cases of emergency; or d) if it is in the best interest of SBBC. When a bid has both a primary and alternate Awardee, and the primary Awardee is unable to perform during the term of the contract, SBBC shall negotiate with the alternate Awardee for the same or lower unit prices as those submitted by the primary Awardee. Percentage discounts listed under"Additional Information"for each bid item is for informational purposes only and is not part of the award process. Percentage discount offered must be stated in the spaces provided on the Bid Summary Sheet. Percentage discount offered must remain firm throughout the contract period. SBBC reserves the right to release new bids for any items that are included in catalogs submitted. This bid does not preclude individual schools and/or departments from making purchases from other vendors, per total purchase order, in an amount up to $5,000, pursuant to Policy 3320. This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request. Re-pft of 1161 PROCUREMENT & WAREHOUSING SERVICES 772OWEST OAKLAND PARK BOULEVARD,SUITE 323. SUNRISE, FL3335l ^ PH:754-32l-05O5 EMAIL: Broxvmnd County School Board End Users and Point of Contact Information End User Name&Address Point of Contact Kevin Jackson 1295 North 21 st Avenue Supervisor I Hollywood, FL 33020 Physical Plant Operations Zone 3 0: 754-321-2902 C: 954-309-1191 Awarded Vendor and Contract Pricing Awarded Vendor's Information Items Awarded Acrylux Paint Mfg., Inc. Andrew Berry (P) 954-772-0300 (F)9547714198 SEE RECOMMENDATION TABULATION 6010 Powerline Rd Fort Lauderdale, FL 33309 PPG Architectural Finishes, Inc. David Cole 2901 West Oakland Park Boulevard, Suite B I SEE RECOMMENDATION TABULATION Fort Lauderdale, FL 33311 Sherwin Williams Company Craig Mackay 317 N. Federal Hwy SEE RECOMMENDATION TABULATION Fort Lauderdale, FL 33301 Stein Paint Company Lance Turner 545 West Flagler Street SEE RECOMMENDATION TABULATION Miami, FL 33130 stein paintcoo_bel Isouth.net Delivery Requirements All Awardees shall provide inside delivery, F.O.B. Destination to any location within Broward County, Florida within 1Sbusiness days. "F.O.B. Destination" is defined as the Awardee retains title and control of goods and selects the carrier and is responsible for the risk of transportation; title passes to SBBC upon delivery and ownership by 8BBC. All de|ivery, handling nrother costs necessary to complete an order should be included inthe single fixed percentage quoted. Awardees will be expected to deliver and unload their orders. Tailgate deliveries or deliveries via freight charge collect are NOT acceptable. If material cannot be delivered within 15 business days, the school, department or center shall be notified and reserves the right tncancel orders and purchase from the open market. Awandeesmust beaware nf This document"not designed mprovide"detailed overview ofindividual contracts",considered""indepth comprehensive set"/instructions.Refer mthe Bid Solicitation/Invitation mBid for contractual terms and conditions.Additional supporting documentation will b"supplied upon request. Roo0��h� . �y� ^^8Of1161 ® PROCUREMENT & WAREHOUSING SERVICES ® 7720 WEST OAKLAND PARK BOULEVARD,SUITE 323, SUNRISE, FL 33351 • PH:754-321-0505 EMAIL: PurchasingHelpDesk(7BrowardSchools.com www.broward.k12.fl.us/supply/ the consequences of non-delivery if the need arises requiring an open market purchase due to Awardee's failure under this contract. Please see General Conditions 22 and 55. SBBC may, at their option, pick-up items from Awardee's place of business. Catalog items which are picked up shall be priced in accordance with the percentage quoted in this bid or at a lower price in accordance with response to the Additional Information Sheet. SBBC purchase order number and ship-to information shall appear on all shipments, bills of lading, packing lists and invoices. All shipments will be made in no more than two increments. The first shipment shall be made and invoiced upon receipt of the purchase order. The second and final shipment, if necessary, shall be made at most 15 business days subsequent to the date of purchase order. All bid items not furnished on the first invoice will be listed on the second invoice and will be noted as canceled if not furnished. It will be the responsibility of Awardees to attach all packing slips to the OUTSIDE of each shipment per General Condition 38 and be shipped in the original manufacturer's packaging including labeling denoting contents, where necessary. Material backordered should be clearly indicated on the packing slip. On large orders, half trailer or larger, the Awardee shall call SBBC, Materials Logistics Center at 754-321- 4721 prior to delivery to arrange for a delivery schedule. Product must be shipped shrink wrapped on 48"x 40", four-way flush pallets or otherwise referred to as the Grocery Manufacturer Association (GMA) pallets. No pallet exchange. The Materials Logistics Center shall not accept broken, damaged or severely worn pallets. If a shipment is received with a broken, damaged or severely worn pallet, Materials Logistics reserves the right to reject the shipment. The acceptable pallet grades shall be: Premium —A very clean pallet that has probably been used only a few times. There is little if any repairs to the pallet. The pallet shall have no plates and no companion stringers. Grade #1 or A Grade—This is a GMA repaired, close to its original condition. Broken stringers may have been replaced or repaired with metal plates. All damaged deck boards are replaced. This is a fairly clean pallet that is structurally sound. Grade#2 or B Grade—This is a GMA,which has had stringer damage that has been repaired by attaching an additional stringer alongside the damaged one. This is commonly referred to as a companion stringer, block stringer and double stringer. The "B" grade pallets usually have two (2) or less repaired stringers. The deck configuration of the "B" grade pallet is not always consistent because these pallets have been repaired many times Paints and related coatings must be supplied in either metal or plastic containers with a lid that can be removed with a paint lid key. Cans or pails must be durable enough to withstand conditioning either individually or by the case of 1-gallon cans and the handles must be securely attached to avoid collapsing into the container or leaking when coatings are conditioned. Paints and coatings shipped in bulk quantities must be appropriately secured and shrink-wrapped as per Special Condition 17. Coatings of any type found to be leaking from obvious exterior damage or interior damage upon disassembly or moving a pallet of coatings is grounds for rejection of the pallet at the discretion of the Materials Logistics Stockroom Supervisor assigned. Prompt removal and replacement of the defective shipment within 72 hours is required on any damaged shipments. Contract Addendum and Contract Change Log The primary purpose of the log is to record/track each procurement action from the date of initial award (this includes amendments, modifications, addition/deletion of award items, transfer of funds between agreements, contract modifications, contract renewals, pre-qualification and/or MWBE certification of This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request. Re-p egg of 1161 ® PROCUREMENT & WAREHOUSING SERVICES ® 7720 WEST OAKLAND PARK BOULEVARD,SUITE 323, SUNRISE, FL 33351 • PH:754-321-0505 EMAIL: PurchasingHelpDesk(7BrowardSchools.com www.broward.k12.fl.us/supply/ vendors, vendor information changes, etc. This log eliminates the requirement to issue separate award sheet addendum. The following amendments/changes have been implemented subsequent to the award of this contract. Event No. Date Issued Description Purchasing Agent Event# Dae PA Name Event# Dae PA Name Event# Date PA Name Event Date PA Nalne Event# Dae PA Name This document is not designed to provide a detailed overview of individual contracts or considered an in depth comprehensive set of instructions.Refer to the Bid Solicitation/Invitation to Bid for contractual terms and conditions.Additional supporting documentation will be supplied upon request. Reap 800 of 1161 Procurement & Warehousing Services Vir Broward County Public Schools RECOMMENDATION N ITB#: 18-022R Tentative Board Meeting Date*: September 6,2017 ITB Title: PAINTS,CAULKS,SEALERS,RELATED #Notified: 206 #Downloaded: 15 COATINGS,AND ACCESSORIES #of Responses Recd: 4 #of"No Bids": 0 PHYSICAL PLANT OPERATIONS Select One Opening August 8,2017 For: Date (School/Department) Fund: TBD Advertised Date: July 18,2017 POSTING OF Select One RECOMMENDATION/TABULATION: Select One Recommendations and Tabulations will be posted in the Procurement &Warehousing Services and www.Demandstar.com on AUGUST 9,2017(&3:00 pm and will remain posted for 72 hours. Any person who is adversely affected by the decision or intended decision shall file a notice of protest,in writing,within 72 hours after the posting of the notice of decision or intended decision. The formal written protest shall be filed within ten(10)days after the date the notice of protest is filed. Failure to file a notice of protest or failure to file a formal written protest shall constitute a waiver of proceedings under this chapter. Section 120.57(3)(b),Florida Statutes,states that"The formal written protest shall state with particularity the facts and law upon which the protest is based."Saturdays,Sundays,state holidays and days during which the District is closed shall be excluded in the computation of the 72-hour time period provided. Filings shall be at the office of the Director of Procurement&Warehousing Services,7720 West Oakland Park Boulevard,Suite 323,Sunrise,Florida 33351.Any person who files an action protesting an intended decision shall post with the School Board,at the time of filing the formal written protest,a bond,payable to The School Board of Broward County,Florida,(SBBC),in an amount equal to one percent(1%)of the estimated value of the contract.Failure to post the bond required by SBBC Policy 3320,Part VIII,Purchasing Policies,Section N,within the time allowed for filing a bond shall constitute a waiver of the right to protest. (*)The Cone of Silence,as stated in the ITB/RFP/RFQ/HARD BID,is in effect until it is approved by SBBC. The Board meeting date stated above is tentative. Confirm with the Purchasing Agent of record for the actual date the Cone of Silence has concluded. RECOMMENDATION TABULATION VENDOR NAME(S) ITEMS)AWARDED ACRYLUX PAINT MANUFACTURING CO.,INC. PRIMARY: 6,7,14,15,16,18,19,20,21,22,24,25,26,27,28, 29,30,31,32,33,34,35,37,39,41,42,52,54,55,56 SECONDARY: 10,23,36,40,48,49,50 PPG ARCHITECTURAL FINISHES,INC. SECONDARY: 32,33,34 THE SHERWIN WILLIAMS COMPANY PRIMARY: 8,9,23,36,43,44,45,48,49,50 SECONDARY: 6,AND 17 STEIN PAINT COMPANY PRIMARY:4,5,10,11,12,13,17,38,40,51 SECONDARY:6,7,15,16,18,19,27,29,30,31,35,37,41 51,52,54,55,56 IN ORDER TO MEET THE NEEDS OF THE SCHOOL SYSTEM AND IN THE BEST INTEREST OF THE SCHOOL BOARD,THE ABOVE ITEMS ARE RECOMMENDED TO BE AWARDED TO THE BIDDER LISTED. ITEMS 1, 2, 3, 56, 47, AND 53: NO BIDS RECEIVED. ITEMS WILL NOT BE REBID. ITEMS WILL BE PURCHASED ACCORDING TO STANDARD PURCHASING PROCEDURES. *CERTIFIED MINORITY/WOMEN BUSINESS ENTERPRISE CONTRACT PERIOD: OCTOBER 1,2017,THROUGH SEPTEMBER 30,2018 �G SGteGto�r By: Date: AUGUST 9,2017 (Purchasing Agent) The School Board of Broward County,Florida,prohibits any policy or procedure which results in discrimination on the basis of age,color,disability,gender expression, national origin,marital status,race,religion,sex or sexual orientation. Individuals who wish to file a discrimination complaint,may call the Executive Director,Benefits&EEO Compliance at 754-321-2150 or Teletype Machine(TTY)at 754-321-2158. Individuals with disabilities requesting accommodations under the Americans with Disabilities Act(ADA)may call the Equal Educational Opportunities (EEO)at 754-321-2150 or Teletype Machine(TTY)at 754-321-2158. REVISED:5/19/2017 Page 601 of 1161 18-022R Paints,Caulks,Sealers, Related Coatings,and Accessories lAcrylux Paint Manufacturing Co., Inc. www.acEylux.com Ft. Lauderdale Florida PPG Architectural Finishes, Inc. www.ppEpaints.com Ft. Lauderdale Florida 'Stein Paint Company www.steinpaint.com Miami Florida The Sherwin Williams Company www.sherwin.com Ft. Lauderdale Florida Page 6T& 1161 18-022R Paints, Caulks, Sealers, Related Coatings, and Accessories LocalII Company Name Sherwin Williams Phone Number 954-467-0577 Fax Number 954-467-0594 Street Address 317 N Federal Highway City Ft.Lauderdale State FL Zip Coe 33301 Local Facility Company Name Stein Paint Company Phone Number 305-545-8700 Fax Number 305-545-5688 Street Address 545 West Flagler Street City Miami State FL Zip Coe 33130 LocalII Company Name PPG Architectural Finishes, Inc. Phone Number 954-739-9004 Fax Number 954-739-0630 Street Address 2901 West Oakland Park Boulevard City Fort Lauderdale State FL Zip Coe 33311 Local Facility Company Name Acrylux Paint Mfg., Inc. Phone Number 954-772-0300 Fax Number 954-771-4198 Street Address 6010 Powerline Rd City Ft.Lauderdale State FL Zip Coe 33309 Page o Pagef 1161 M bA m � I r r r � x [x O O O _ = c [ c c c x x .� [ x xCL CL CL [ ro ro [ — — ro [ ro ro ro x x x ro [ x x O O O c*n cin [ cin cin cin v I v s s V V) O 3 I 1 tr,._s >,, 5Vtl,t Cu a a C Y. 4 c O � sae 00 ri w vi i N m NKL N vi Y_ r., 7 � - m U 41 0 m - W U O DO z a Z M ED zO z a z a z a z LLLU p 3 Lu a Q a Lu W a o"'c z u) z w z a Z` C7 ;Lu Lu = oC J Z Z H fn H H U Ma a z a az z � z � zz it Q d[ z ;opoC [C°oCJ [J [a a J a H "Q W[ Q ;C [C ;O [ ;W [W [O. Q O. 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CONSENTAGENDA 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meetings held on September 6, 2018 and September 11, 2018. EXPLANATION OF REQUEST: The City Commission met on September 6 and 11, 2018 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? A record of the actions taken by the City Commission will be maintained as a permanent record. FISCAL IMPACT: Non-budgeted N/A ALTERNATIVES: Do not approve the minutes STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Minutes 0 -06-18 D Minutes 09-11-18 Page 608 of 1161 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 6, 2018, AT 6:30 • AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order- Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:30 p.m. Invocation Doug Harper, The Church of Jesus Christ of Latter-day Saints gave the invocation. Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections Attorney Cherof requested to add item G to Legal Section, approval of exhibit B, to the school security agreement. The Commission has already approved. 2. Adoption Motion Commissioner McCray moved to approve the agenda as revised, Commissioner Casello seconded the motion. Vote The motion unanimously passed. Page 609 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 2. OTHER A. Conduct First Public Budget Hearing for FY 2018/2019 Proposed Millage and Tentative Annual Operating Budget. PROPOSED RESOLUTION NO. 1 -118 —Adopt the Proposed millage and Tentative Annual Operating Budget. PROPOSED RESOLUTION NO. 1 -119 —Adopt the tentative Budget for the General Fund and all other funds for Fiscal Year 2018-2019 Tim Howard, Assistant City Manager, indicated this was the first public hearing for fiscal year 2018/2019. There are a few changes which he will address later in the presentation. The Commission is being asked to adopt a proposed millage rate and a tentative budget. Mr. Howard advised a special meeting has been scheduled for Tuesday September 11 th, 2018, at 6:00 pm. To approve the Fire Assessment. Thursday, September 20th, will be the second Public Hearing on the budget to adopt the Final Millage Rate and Final Budget. Commissioner McCray inquired if the Solid Waste rate increase would be presented. Mr. Howard indicated the second reading of the resolution would be presented under Legal item 12-F Mr. Howard noted the purpose of the hearing was to review, discuss, and or amend the FY 2018/2019 tentative budgets. The total budget from all funds was $235.3M and $91.1 M for the General Fund. The General Fund makes up 39% of all funds. Informed the Commission the budget revisions were for the construction cost for the District Energy Plant that were was not included. Provided a breakdown of the increased costs; The Utility CIP increased from $8.49M to $35.59M. The General Government CIP and the Local Government Surtax CIP increased $9.7M to $10M. The General CIP increased $1.5M to $7.9M. The four major sources of funding were Utility fees of $48.7M Property Taxes of$36.3M, Capital & Bond Sources 53.8M, Transfers $15.9M. The expenditures represent four major funds. General Fund of$91.1 M, Water& Sewer Utility Fund $48.7M, Capital Funds, $53.8M, Solid Waste Fund of$11 M.There are some smaller funds highlighted. The proposed millage rate was 7.9 remains as the 2017/2018 rate. Staff has not requested an increase. The taxes will generate about $36.3M net property taxes. This was after the TIF money was sent to the CRA. Fund Transfer of$15.9M, Intergovernmental of$9.3M, charges for services $6.9M, Fie Assessment $6.5M, Franchise Taxes $4.9M, Licenses & Permits $4.9M, Fines/Interest/Rents $5.4M. Mr. Howard noted no fund balance appropriation was necessary for this fiscal year to balance the budget. 2 Page 610 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Mr. Howard provided a chart of departmental budget comparisons. Explained staff requests were for$93.M the City Manager approved a reduced budget of$91 M. Mr. Howard noted the property values increased 6.5%. provided the state roll back tax rate of 7.4863. The gross tax increase over the rollback rate for taxes was 5.53%. Mr. Howard indicated changes were for the Central Energy Plant and the Old High School. Commissioner Casello asked if the 6.5% property tax increase was the average for Palm Beach County. Mr. Howard stated the City of Boynton enjoyed a little higher property tax rate increase. Mayor Grant open up to Public Comment Herb Suss, 1711 Wood Fern, argued with all the expenses, new construction, and unforeseen situations, the millage rate should be at least 8%. Mr. Suss noted there needed to be a contingency fund. Mayor Grant requested the fund balance amount of the current reserve. Mr. Howard replied the Fund Balance as of fiscal year 2017/2018 was $16.3M. Mr. Howard indicated the reserve policy was set by resolution of 10% of the upcoming proposed budget. The upcoming proposed budget was $91.M which would make the reserve budget of$9.1 M. There was an undesignated balance of$7.2M in the reserve Fund Balance. Commissioner Casello asked how much would 1A 0 of a millage rate generate? Mr. Howard replied approximately $450,000 to $460,000. Dr. Stephanie Hayden 2181 SW 15 Avenue, Apt # N-102, requested clarification if General Funds were going towards Police and Fire and requested a breakdown of the line items. Mayor Grant indicated Police and Fire provide services to keep the citizens safe and secure. Asked if she was requesting line items. Mr. Howard stated the proposed budget was available online, under the General Fund. Piotr Blass 113 Tara Lakes Drive, said the budget work was exemplary. Mr. Howard stated there were two resolutions the Commission needed to approve. PROPOSED RESOLUTION NO. RI 8-118—Adopt the Proposed millage and Tentative Annual Operating Budget. Attorney Cherof read Proposed Resolution No. R1 8-118 into the record, by title only. 3 Page 611 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion. Vote The motion unanimously passed PROPOSED RESOLUTION N . R1 8-119 —Adopt the tentative Budget for the General Fund and all other funds for Fiscal Year 2018-2019 Attorney Cherof read Proposed Resolution No. R18-119 into the record, by title only. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion with discussion. Commissioner Casello wanted clarification on the tentative budget. Inquired since this was a tentative budget, he inquired if the Commission could reallocate funds. Ms. LaVerriere responded yes. Vote The motion unanimously passed B. Informational items by Members Mayor Grant indicated on August 22nd he attended the Palm Beach County League of City meeting and had a meeting with Mark Hefferin. August 23,d attended the Quiet Zone breakfast with Hoover the Basset Hound. August 24th attended the commencement at Boynton Beach International College of Health Science. August 25th attended the celebration of life for Phil Oxendine. August 27th went to the Palm Beach County Housing Authority and provided an update. Mayor Grant stated he was in attendance at the meeting for the South Central Regional Waste Water Treatment Board. August 28th attended the Transportation Planning Agency Steering Committee on becoming independent. Also, attended Leadership Palm Beach County for their Lunch and Learn regarding the reentry program. August 30th attended the Boys and Girls Club of Delray Beach. He stated he had a great weekend. Attended the Race to Equality Summit for My Brother's Keeper. September 6th went to see Mack Bernard from District 7th Mayor's Meeting, attended the Literacy luncheon, and attended a Sheriff meeting. Mayor Grant passed the gavel to Vice Mayor Romelus. (Mayor Grant left the dais at 6:53 pm) Page 612 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Commissioner Casello stated he had nothing to disclose. Stated he also attended the celebration of life for Phil Oxendine, number #55. He was proud of the City of Boynton Beach Fire Fighters for putting on the memorial service. Commissioner McCray stated he and Chief Gregory attended the 4th Sunday in August at the Boynton Hill Church of God in Christ for their 44th annual Men's Day celebration. Commissioner McCray spoke about the John Denson Pool umbrellas which are tattered and worn out. He wanted to know what was going on. He was told by Mr. Majors they needed to wait until the new budget. This was unacceptable. The Denson pool represents the entire City. The City has funds in the Parks and Recreation budget. Commissioner McCray listed some other projects needed. Informed the Commission he was at the new Customer Service Department to pay his bill, and he had to stand out in the rain. This was unacceptable. Inquired what can be done to help employees as well as the residents to make sure these temporary spots are working. We have already relocated employees, now we are an inconvenience to the residents. The employees need to speak up. He was requesting a report on the temporary buildings. Commissioner Katz stated he had nothing to disclose. Vice Mayor Romelus stated she met with Bradley Miller regarding future projects coming before the Commission. 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Announce the September Commission Meetings. Special Commission meeting on Tuesday, September 11, 2018 at 6 pm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and Thursday, September 20, 2018, Regular Commission meeting to include Final Millage Adoption and Final Public Hearing on the FY 18/19 budget All to be held at the Intracoastal Park Clubhouse Vice Mayor Romelus announced there was a Special Commission meeting on Tuesday, September 11, 2018 at 6 pm prior to the CRA meeting to consider a Final Fire Assessment Rate Resolution; and Thursday, September 20, 2018, a regular Commission meeting to include Final Millage Adoption and Final Public Hearing on the FY 2018/2019 budget. Vice Mayor Romelus stated that all meetings will be held at the Intracoastal Park Clubhouse (Mayor Grant returned 7.01 pm) 5 Page 613 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 B. Announce a 911 Remembrance Memorial Ceremony to be held on Tuesday, September 11, 2018 at Veterans Memorial Park, 411 N. Federal Hwy. at 9:30 a.m. Vice Mayor Romelus announced the City will have a 911 Remembrance Memorial Ceremony to be held on Tuesday September 11, 2018 at Veterans Memorial Park, 411 N. Federal Highway @ 9:30 a.m. Ms. LaVerriere noted the time changed to 9:00 a.m. All else remains the same. 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) Renee Blank, stated he was a city engineer and a minister. Spoke about climate change. Explained everything was connected together. Climate change is not democrat, republican, not black or white, everyone was affected by climate change. for Blass, 113 Tara Lakes Drive, said this was the best City in the Country. The City needed to reduce crime in Boynton Beach to almost zero. Education and Healthcare Boynton Beach can do better. The City was doing a fantastic job; asked how can we increase the City resources. Herb Suss, 1711 Wood Fern, said President Trump was a danger to this Republic. There are people watching out for us. The Republicans are complicit. Kavanagh committed perjury; indicated the emails were stolen. When he was called up to go to war he went, President Trump never did. Vice Mayor Romelus closed the public audience. Passed the gavel back to Mayor Grant. 5. ADMINISTRATIVE A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following Regular (Reg) and Alternate (Alt) Student (Stu) and Nonvoting Stu (N/V Stu) openings exist: Arts Commission: 2 Alt Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Education and Youth Advisory Board: 1 Reg Senior Advisory Bd: I Alt 6 Page 614 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Mayor Grant read the open positions. Motion Commissioner McCray moved to nominate Susan Oyer to the Arts Commission (Alt). Commissioner Casello seconded the motion. Vote The motion unanimously passed Mayor Grant informed the Commission Ms. Wilkinson missed four meetings. According to the City Charter Ms. Wilkinson was automatically taken off of the Board. Received a letter of recommendation from the Chair of the Education and Youth Advisory committee asking to allow Ms. Wilkinson back on the Board. Motion Mayor Grant moved to nominated Lori Wilkinson to the Education and Youth Advisory Board (Alt). Commissioner McCray seconded the motion. Vote The motion unanimously passed 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 Commissioner McCray requested to pull item G. Mayor Grant requested to pull item C. A. Approve an increase of$75,000 to the purchase order#180642 with US Water Services for the use of supplemental labor in the operation of the East Water Plant. The revised total for the FY 17/18 will be $250,000. The increase is primarily due to unforeseen additional staff/hours from US Water to supplement City staff vacancies and cover existing City staff vacation. We are utilizing the City of West Palm Beach Supplemental Staff Agreement with U.S. Water Services Corporation (ITB 16-17-119)for water and wastewater operation and management services. 7 Page 615 of 1161 Meeting i City i i Boynton Beach, Florida September 6, 2018 B. Approve the expenditure of$57,450 for the mandated engineering inspection (required every 5 years) of our 5 potable storage tanks by Cram Coatings and Restorations (CCR), a subsidiary of Crom, LLC who are the original constructors. This will be a sole source. C. Approve reduction of the performance bond by the amount of$456,368.60 (95%) for the completion of the paving, grading, and drainage improvements in association with the 500 Ocean project, this will leave a remaining performance bond amount of$24,019.40 (5%). Mayor Grant inquired if Florida Department of Transportation (FDOT) approved the performance Bond. Ms. LaVerriere replied FDOT has a separate bond with 500 Ocean, which required their approvals and accepting of all improvements. Mayor Grant asked for a motion. Motion Commissioner Casello moved to approve. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed D. PROPPOSED RESOLUTION NO. 1 -0120 - Approve utilizing the Prince William County Public Schools Contract# R-TC-17006 under the US Communities Cooperative with Amazon Business for the purchase of hardware, tools, computer supplies and equipment for an estimated annual expenditure of$40,000. The US Communities procurement process satisfies the City's competitive bid requirements. E. Approve utilizing the HGACBuy Contract No. PR11-16 to purchase three (3) pre-engineered pavilions for Sara Sims Park from RCP Shelters, Inc. of Stuart, FL for estimated cost of$50,848.50. City staff has reviewed and determined that The Houston-Galveston Area Council's procurement process satisfies the City's competitive bid requirements. F. Authorize the City Manager to sign a thirty-six (36) month agreement with Dynalink Communications for telecommunications services in order to proceed with the relocation of phone services to the temporary City Hall. 8 Page 616 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 G. Approve acceptance of a one-month extension to the interim contract for "Landscape Maintenance," Contract No. X020-2730-13/JMA, with various Landscape Maintenance companies effective September 1, 2018. Commissioner McCray asked how did the City get into this situation of having to extend an additional month. Tim Howard, Assistant City Manager, explained there was a 6-month extension with all the landscape vendors. Staff was reviewing the contracts, but needed an additional month to complete the process. Mr. Howard explained the 6-month extension ended August 31, 2018. Staff needed an additional month to come back with the completed contracts. Commissioner McCray asked if a one-month extension would be enough time. Mr. Howard replied staff has indicated d this was what was needed. Motion Commissioner McCray moved to approve. Commissioner Casello seconded the motion. Vote The motion unanimously passed H. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities as described in the written report for September 06, 2018 - "Request for Extensions and/or Piggybacks". I. Approve the minutes from City Commission meeting held on July 16 and 17, 2018. Motion Commission McCray moved to approve the Consent Agenda as amended. Commissioner Casello seconded the motion. Vote The motion unanimously passed. 7. BIDS AND PURCHASES OVER $100,000 A. Approve the purchase of vehicles as anticipated in the fleet replacement fund for FY 2018-19 & FY 2020-21 replacement cycle in the estimated amount of 9 Page 617 of 1161 Meeting i City Commission FloridaBoynton Beach, $1,962,019.02 from General GMC Truck Sales, Orlando Freightliner and Nextran Truck Center by utilizing the Florida Sheriff's Association Contract #FSA17-VEH15.0 and Container Systems & Equipment Co. Inc. (Sole Source Vendor) for nine (9) Solid Waste vehicles. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray states the last time there was a purchase the City received trucks which were lemons. Andrew Mack, Director of Public Works and Engineering, responded the City has changed from Peterbilt to Autocar. Mr. Mack replied he believed the Autocar were a more reliable vehicle. Mayor Grant noted two trucks were out of service within the past 30 days. Mr. Mack explained two of the older trucks did break down, but the City has received two new recycle trucks. The City was waiting for the tags from the DMV for one of the trucks and the other was in service. Mr. Mack explained if a truck cannot complete a route, the truck will return on the next day to complete the collection of waste. Commissioner McCray asked why was the City waiting for the tags and what was the issue. Mr. Mack responded there was an issue with the check. Mr. Mack replied it was taking about 45 days. Commissioner McCray asked what was the price of the check which was cashed. Mr. Mack replied $120. Mayor Grant requested a vote Vote The motion unanimously passed. B. Award bid for Landscape Maintenance Services for Utility Sites, in response to Bid No.:034-2821-18/IT to the top 2 ranked proposals. The first proposal from Blue Marlin Investments, Inc. dba Cayco Landscaping in the amount of$74,780 plus an allowance for potential additional services of$5,000 for an estimated annual amount of$79,780.00; and the second proposal is from Vincent and Sons Landscaping, Inc. in the bid amount of$160,619 plus an allowance of$10,000 for potential additional services for an estimated annual amount of$170,619. 10 Page 618 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Motion Commissioner McCray moved to approve with discussion. Vice Mayor Romelus seconded the motion. Commissioner McCray asked for the correlation between Item B and G from the consent agenda. Mr. Howard explained these were separate bids. This was for the utility properties, which was a smaller number of properties and specific services on those properties, it was easier to review. The other item was for all City properties, all the streets and irrigations. Commissioner McCray asked if this was the one which covers the alleyways. Mr. Howard stated the other one covers the alley ways. Ms. LaVerriere added this one was for lift stations, for utilities infrastructures. Vote The motion unanimously passed. C. Approve the employee group medical, dental, vision, life, long term disability, and short term disability insurance programs for Fiscal Year 2018-2019 and authorize City Manager to sign required documents for the following policies per the Request for Proposal for"Group Medical, Dental, Vision, Life, Long Term Disability, and Short Term Disability Insurance" RFP No. 025-1610-18/IT: PROPOSED RESOLUTION N . R18-121- Approve and authorize City Manager to sign an agreement with United Healthcare for City's group Medical Insurance for the plan year October 1, 2018 through September 30, 2019; Mayor Grant read the Proposed Resolution No. R18-121 into the record by title only. Motion Commission McCray moved to approve with discussion. Commissioner Casello seconded the motion. Commissioner McCray asked if the employees were given any discounts. The employees are getting hit hard with the premiums. 11 Page 619 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Julie Oldbury, Director of Human Resources and Risk Management, indicated the City was proposing to provide a $112.50 reduction per month to employees with family coverage. In addition, the City was recommending an additional $100. per month subsidy to employees who provide coverage for dependent children. Any employee with a family or children plan would receive the subsidy. Commissioner McCray stated the Commission needs to let the public know that we are reducing costs. Commissioner Casello asked if all these resolutions are vetted to the Unions, prior to being brought to the Commission. Ms. Oldbury responded representatives from the Unions were all in agreement with the plans. Vote The motion unanimously passed PROPOSED RESOLUTION NO. R18-122- Approve and authorize City Manager to sign an agreement with United Healthcare for City's group Dental Insurance for the plan year October 1, 2018 through September 30, 2020; Mayor Grant read Proposed Resolution No. R18-122 into the record by title only. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked if the employee would save any money on this plan. Ms. Oldbury stated the City was not saving the employees any money, but was not increasing the premiums. Vote The motion unanimously passed PROPOSED RESOLUTION NO. R18-123- Approve and authorize City Manager to sign an agreement with United Healthcare for City's group Vision Insurance for the plan year October 1, 2018 through September 30, 2021; Mayor Grant read Proposed Resolution No. R1 8-123 into the record by title only. 12 Page 620 of 1161 Meeting Minutes City Commission FloridaBoynton Beach, r 6, 2018 Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked if the employee were saving any money on this plan. Ms. Oldbury stated the City was increasing the premium for the employee only portion was 7¢ the Family coverage was increasing 22¢ per month. Vote The motion unanimously passed PROPOSED RESOLUTION NO. 1 -124 - Approve and authorize City Manager to sign an agreement with Minnesota Life Insurance Company for City's group Life Insurance and Accidental Death & Dismemberment (AD&D) for the plan year October 1, 2018 through September 30, 2021; Mayor Grant read Proposed Resolution No. R18-124 into the record by title only. Motion Vice Mayor Romelus moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked if the cost of this plan was covered by the City. Ms. Oldbury responded the City covers the basic life and AD&D. Explained there was an option for employees to purchase supplemental life insurance. The rates are based on the employee's age. Commissioner McCray asked if this was an increase or decrease for the employees. Ms. Oldbury indicated this was a decrease by 19.5¢ per$1000 of life insurance Mayor Grant asked if there were different classes of insurance or was it universal. Ms. Oldbury replied there are different classes with some minor distinctions. Commissioner McCray noted the Police and Fire Department would receive more coverage. Vote The motion unanimously passed 13 Page 621 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 PROPOSED RESOLUTION NO. R18-125 - Approve and authorize City Manager to sign an agreement with Unum for City's group Long Term Disability Insurance for the plan year October 1, 2018 through September 30, 2020. Mayor Grant read Proposed Resolution No. R1 8-125 into the record by title only. Motion Commission Casello moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray inquired if the City Long-Term Disability Insurance plan had increased. Ms. Oldbury responded the plan had decreased by .0510 per$100. Vote The motion unanimously passed PROPOSED RESOLUTION NO. R18-126 -Approve and authorize City Manager to sign an agreement with Unum for City's group Short Term Disability Insurance for the plan year October 1, 2018 through September 30, 2020. Mayor Grant read Proposed Resolution No. R18-126 into the record by title only. Motion Commissioner Casello moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray asked about what was the difference between long-term and short-term, how many months? Ms. Oldbury responded the short-term disability takes effect on the 8th day of injury or illness. The long-term disability takes effect on the 91 th day of injury or illness. Vote The motion unanimously passed. 14 Page 622 of 1161 Meeting Minutes City Commission Boynton each, Florida September 6, 2018 8. PUBLIC HEARING - one 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. 9. CITY MANAGER'S REPORT— None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Commissioner Casello requested to discuss diesel exhaust systems for the Fire Stations. Commissioner Casello stated the Fire Department received a grant for Gear Drying equipment, and diesel exhaust filtration system. He believed the City had these systems already in place. Many other municipal fire departments have these systems installed already. Commissioner Casello said research has found more than 2/3 of firefighters (68%) developed cancer compared to 22% of the general population. Noted in 2017 cancer was the number one killer of firefighter which surpasses heart disease. He understands there will be three stations which will not have the filtration system. Understands there was a long range plan to install one fire station per year. It was his feeling knowing what is known that diesel fumes cause cancer. Asked if this could be done ASAP. The City should do everything they can to protect the firefighters. This was a health hazard which has been well documented. Inquired if the City knew that cancer was the number one killer of firefighters. He understands there was money in the budget to do non-essential items such as reroofing the dugout, golf course road, maintenance work at the tennis club. He was requesting his fellow Commissioners to ask the City Manager to find the funding for the additional three Infiltration Systems and have them installed as quickly as possible. Fire Chief Joseph responded the City of Boynton Beach has a very aggressive Fire health and safety program; the last three years they have replaced all of the bunk gear, replaced all infrared cameras, expedited the bull success program. These were all large dollar items they were an immediate need. Purchased an extractor to clean the equipment to make sure chronic exposure was not happening after fires. Indicated the City plan was very aggressive and minimizes the exposure and the risk to First Responders. Chief Joseph noted the City of Boca Raton has had the exhaust system for the past 25 years, Palm Beach County has one or two stations which has an exhaust system. The City of Delray Beach has applied for a new system called "No Smoke". Chief Joseph indicated the Fire Department received a grant for station one for$81,000. Fire Chief Joseph provided a breakdown of cost associated with each station: fire station # 2 cost was estimated at $74,000, cost estimated for station #4 $60,000 the estimated 15 Page 623 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 cost for fire station # 5 was $115,500 to install the systems. The total cost was $250,000, plus the cost of the maintenance of the system of $7,500 per year. The cost was significant. Chief Joseph believed the plan in place was reasonable. Commissioner Casello stated it was a known fact that diesel exhaust fumes cause cancer. Noted the City has money in the CIP budget to do a roof, tennis club, but he believes those could be deferred to a later time. Commissioner Casello said the system saves one life it would be well worth it. Fire Chief Joseph noted there were many things which cause cancer, and he agree that diesel fumes cause cancer. Whatever direction the Commission gave him he would comply. Mayor Grant stated at Fire Station #1 the exhaust fans were not working. Asked if this was being monitored. Fire Chief Joseph stated they are aggressively monitoring the inside of the Fire Stations. Mayor Grant stated he was at Mission Barbeque function which raised over $1,800 for the Firefighter Benevolent Association. Understood the City has a plan to have all the Fire Stations have filtration systems installed over a three-year period. Each station currently has exhaust fans. Chief Joseph stated they have exhaust fans, but the new evolving standard was the direct capture system. Chief Joseph indicated they are doing the best they could with the funding which was allocated. Commissioner McCray requested the cost for east station. Chief Joseph stated station #2, $74,500, #4 with 3 bays $60,000 #5 has 6 bays, the cost would be $115,500. There was a maintenance cost of$7,500. Ms. LaVerriere asked if the maintenance cost was $7500 per station. Chief Joseph stated this was for all the stations. Commissioner McCray asked how many cases have been reported on death certificates regarding the diesel fumes as per Commissioner Casello. Chief Joseph stated he did not have an answer to that question. He could not correlate the diesel fumes to a death, but he noted diesel fumes places the firefighter at a greater risk,just like smoking and obesity. Commissioner McCray inquired if the City waited three years, would this place the firefighters at risk. Chief Joseph stated the City has been in business since 1924. He does not believe 3 years was unreasonable. Chief Joseph stated with the newer EPA system in the diesel engines was cleaning the exhaust even before the extractors are placed. The newer exhaust coming out was cleaner than going into them. 16 Page 624 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Commissioner Casello asked how many runs do the fire stations provide. Chief Joseph stated about 15,000 per year. Commissioner Casello noted the trucks was going in and out of the stations 15,000 times. Inquired if Chief Joseph was aware there were air quality issues at the Fire Station. Chief Joseph stated the City closed down the station and the problem was addressed. Commissioner Casello repeated diesel exhaust is known to cause cancer. Commissioner Casello made a suggestion to delay some of the other non- essential CIP projects. Commissioner Casello stated it has been proven and it was a fact diesel fumes cause cancer. Chief Joseph stated he believed the plan which they have was a solid plan. Commissioner Casello asked if the funds could be found would Chief Joseph expedite the installation process. Chief Joseph stated he would follow the Commission's direction. Commissioner Katz asked what was the cost of the Golf Course pathway in the City CIP. Mr. Howard responded the allocation for next year was $200,000 for the upcoming year, for the entry road. Commissioner Katz stated this was the road from Jog Road to the clubhouse. It was property which the City does not own. It was a county road; he would be in support of moving the golf course funds. He would like to see more data on the tennis court usage. There would still be a $50,000 short fall. Vice Mayor Romelus asked about the maintenance fees. If this fee was for all stations or per station? Inquired if all stations will be built within a three-year time period? Chief Joseph stated one station per year will be completed. At the end of the three-year period all stations will be completely installed with the new exhaust system. The yearly maintenance would be for all installed systems. Mayor Grant requested a motion. Motion Commissioner Casello moved to request the City Manager to find funds from projects which could be delayed. Vice Mayor Katz seconded the motion with a change, which would specifically identify the Golf roadway and find the additional funds from a different source. Vote 3-2 Motion failed (dissenting Vice Mayor Romelus, Commissioner McCray, Mayor Grant) B. Mayor Grant requested to discuss potential environmental regulations pertaining to the use of straws and polystyrene(Styrofoam)within the City. 17 Page 625 of 1161 Meeting Minutes City Commission Boynton each, Florida September 6, 2018 Mayor Grant indicated he had a conversation with the Sustainability Coordinator, Rebecca Harvey and she indicated the City are preempted from certain rules regarding styrofoam and plastic straws. He would like to move forward with a green business program. Rather than trying to ban these items, the City could provide certain incentives to businesses. He provided a listing, such as reduce cost, reduction rates for recycles for commercial building, maybe a reduction rate on their trash. Mayor Grant was asking for direction in moving forward with the Green Business Program. Commissioner McCray asked if this was just for businesses. Could the Sustainability Coordinator bring additional information and address what is currently in place. Mayor Grant stated the City was just beginning to moving forward with the program. Ms. LaVerriere replied this was the start of the development of the program Vice Mayor Romelus suggested a development grant could be provided. Encouraging businesses to be more green and environmentally friendly could be a stipulation or requirement of a grant which the City can utilize. She understands this would only apply to new businesses, perhaps businesses that are doing remodeling this could help as well. Commissioner Katz noted he would like to see some statistical analysis, not necessarily in favor of a grant program. He did not think taxpayers should be paying businesses to do what was socially responsible. The cost increase could be minimal. He would like to see an analysis of alternates to plastic or styrofoam, what was the impact on the business. If an impact was minimal on the business, he would not be opposed to discounts on recycling. He would be weary; we need to make the sure the cost benefits make sense. If businesses sign on that would be great for the environment, but if it were to reduce the revenue the City receives from trash or recycling there needed to be a balance. Trying to do what is right for the environment and doing what is right for the residents. He would like to see more information. Commissioner Katz stated this was very popular in the media and the local government recently. If the City were to design a program or prohibition on certain types of products it would need to be comprehensive. Commissioner Katz indicated many people saw the turtle with the straw in its nose, now this was the conversation. If the City wanted to meaningfully address environmental concerns regarding disposable or single use plastic, the City needs to look into a comprehensive environmental plan. Explained there are many other animals which are being impacted other than the turtles. Mayor Grant asked Rebecca Harvey to share her ideas on the Green Business Program. Inquired if she received enough comments to begin the green program. Rebecca Harvey, Sustainability Coordinator, indicated the comments were helpful. Noted Mayor Grant mentioned preemption. The State of Florida Preempts single use plastic bags. Indicated that law was being challenged by the City of Coral Gables. Staff has many ideas. She would be happy to share a draft soon. 18 Page 626 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Commissioner Casello asked if there are companies doing this on their own; such as getting rid of straws and or styrofoam. Ms. Harvey indicated some companies are. Commissioner Casello would this require businesses to switch out to more expensive product and cause a financial burden on the businesses. Ms. Harvey stated she would provide an analysis for the Commission to see. There was consensus C. Mayor Grant requested to discuss potential use of Campaign Contribution Statement — Copy attached. Mayor Grant stated while at the South Central Regional Waste Water Treatment Board this was introduced and thought this was something which the City of Boynton Beach could utilize. So that if anyone is doing business with the City or the CRA would require to disclosure they contributed to the campaign of the Commissioners or the Mayor. He feels this was in the same vein as public disclosure. The City announces who had made any contributions and is published on the clerk's webpage. This would give an additional layer of paperwork, this will give those who are not monitoring the web this information who was giving money to the campaign, this was also in response to the 12th amendment. He was not sure if anyone else saw that all elected officials are prohibited from lobbying for 6 years after their term was over or prohibited from lobbying while they were in office. This was something which they hold in the public trust. Anything which can be done which will make sure that the public can trust the Commission to move forward he was in agreement. Mayor Grant was asking the Commission to help to move forward with having this campaign contribution statement when dealing with new businesses, both the City and the CRA. Commissioner Casello stated in the form of transparency the Commission disclosed this information on their campaign forms which are filled out on a monthly basis. He believes this was another layer of paper which does not serve any purpose, if all are being honest and transparent, if everything was being disclosed. Mayor Grant stated If the Commission feels this was an extra layer of paperwork, the public does not need to know when there was a hearing, they could be denied on that, whether the person has given funds to the campaign. Commissioner Katz suggested including the most recent campaign contribution report/cycle for any elected official. Commissioner Katz noted the example presented stated they must publicity noticed, there are two clauses; one is the individuals would need to actively monitor the agenda items to ensure the contribution is disclosed; then, any business or vendor coming before the Commission would need to disclose they gave money to the campaign. It seems as through each party would need to monitor and submit disclosures both ways. 19 Page 627 of 1161 Meeting City Boynton Beach, Florida September 6, 2018 Mayor Grant stated this was correct. If the City wanted to take out the elected officials, they are required to do this in writing already, this would be for any applicant which has given money to any of the Commissioners or Mayor for disclosure purposes. Commissioner Katz stated he did not have a problem with this, but it places a burden on the officials. He provided some examples for the Commission to think about. Since the elected officials already has this on the City website in the spirit of transparency. Members of the advisory board, anyone which served on any committee to avoid any conflict of interest should do this. He welcomed any form of greater transparency. Commissioner McCray was in agreement with Commissioner Casello. There are disclosures at the beginning of the meetings for all elected officials. He was not in favor of this item. Commissioner Casello asked how can this be monitored. Mayor Grant indicated any type of contract the City has. There would be a statement on the paperwork, when the City has individual applying for major site plans. Commissioner Casello asked if the professional developers, with projects in the City would need to disclose in some form to state they gave an amount of dollars to each campaign. Vice Mayor Romelus asked about the repercussion if the information was not presented or forgotten. Mayor Grant stated if they failed to disclose, whatever they obtained, they could be banned. Commissioner McCray said this would be another layer of paperwork. Indicated there was something already in place. Commissioner Katz noted this was solely for candidate campaign, what about the PACT. How can the loophole be closed? Mayor Grant stated there are multiple loopholes in campaign contributions. This was public disclosures. If the board does not feel as through this was positive or necessary, we can move on. Commissioner Casello stated with PACTS, LLC `s and third party contributions would not be covered. The Commission must be ethically and morally transparent to the public. We should pay the heavy dividend; this would be hard to monitor. Commissioner Katz stated he would like to look into this, to see how this was being done in Lake Worth. He could see supporting something along these lines, but he would like additional information. Vice Mayor Romelus asked the City Attorney to weigh in on the item. In regards with what the City has already, was this a necessary next step. Attorney Cherof stated he will have limited comments, if adopted it would be legal. 20 Page 628 of 1161 Meeting Minutes City i Boynton Beach, Florida r 9 Vice Mayor Romelus stated she has issues with how this was presented on the agenda. She was ok with continuing the conversation. Stated there was a level of overlap. She was willing to entertain hearing some of the members of the Lake Worth Commission. She was all about being transparent and have full faith in the board and the City leadership. Mayor Grant stated he wanted to place this on the Agenda hopefully the first meeting in October. Commissioner Katz requested clarification of the process for placing elected officials requested items on the agenda. His understanding was any elected officials would need to gain consent at a previous meeting. He stated he believed there was some mixed interpretation. He believed any item needed to have consent. The Commission could choose if the board consented in placing an item, it could be placed under New Business for the next meeting or Future Agenda item that could come up when the information has been gathered and the item was ready to be heard. He was not under the understanding that anyone could unilaterally place something on the agenda without the board having approved it from consent on a previous meeting. Mayor Grant requested clarification from counsel regarding the Roberts Rules of Procedure; the Mayor can add an item to the agenda. Attorney Cherof stated the Commission establishes the process of building the agenda. This has been the customary practice in the City of Boynton Beach. It takes the consensus of the Commission to add to an agenda for action. It may get on their first for discussion, but that discussion must end with a consensus to put it on the agenda for action. Mayor Grant said this is what he understood, he was not trying to have a first reading. This was just a discussion; he would want anyone on the Commission to add an item for discussion not for action. If anyone want to change for discussion, that would be fine. Commissioner McCray suggested keep this as before, we will all need to agree as before. We act as a body; he was not in favor as how this got on the agenda. Commissioner Casello stated he thought that anyone which sits on the dais should have the opportunity to place any item on Future Agenda. He does not think there needed to be a consensus to be placed on a Future Agenda item. Mayor Grant responded this was for new business. Commissioner Casello noted it was his understanding everything needed to place on the Future Agenda before it was placed on New Business. Mayor Grant noted if the Commission wanted to have a discussion on an item it can be placed on the agenda under New Business. Commissioner Casello said it does not need to go on Future Agenda Item. 21 Page 629 of 1161 Meeting Minutes City Commission Boynton each, Florida September 6, 2018 Commissioner Katz recommended based on what he thought, and past practices, he does not think anyone has been rejected to place anything on the agenda. The New Business when discussed might lead to an action. If anyone feels for or against, everyone was accommodating, as long as it was asked for at a previous meeting, and the Commissioner can specifically say what would be discussed. If it was on the Future Agenda, staff could bring it forward. He does not see refusing to discuss an item, even if he intended to oppose the item. Vice Mayor Romelus inquired if there was an agenda item regarding the policy of how agenda items were to be added to the agenda. Asked if this item was removed? Ms. LaVerriere responded the Commission had this discussion at the last Commission meeting. Although a written policy does not exist, past practices has been established. If a Commissioner desires to bring an item before the City Commission for discussion or consideration, said Commissioner should raise the matter at a City Commission meeting and request the topic be placed on the next agenda or on the Future Agenda. Typically, if there was a consensus by the Commission to place the matter before the Commission at a future date or on the next agenda. Commissioner Katz inquired about the potential appointment for the future vacated seat in District 4, would that be on the next meeting. Attorney Cherof replied it will be on the Future Agenda. Commissioner Katz asked could it be placed by consent on New Business for the next meeting. Attorney Cherof clarified this would be to discuss the procedures which will be followed. The procedure was already set forth in the Charter/Code. When the vacancy occurs, it is announced there was a vacancy. After that the Commission has the opportunity to appoint someone to fill that vacancy. The only piece missing was if the Commission was seeking individuals interested in the appointment. The process was already described in the Code. Commissioner Katz stated since we know that seat will be vacated, it would not be a bad thing to be prepared to have a list of potential applicants, since the Commission was aware there will be a vacancy. Commissioner Casello's date for resignation was set in stone. He stated he would not be opposed to engaging the public at least informing the public that there will be a vacancy in District 4. Attorney Cherof stated the next agenda would have under New Business a discussion and action regarding the process for announcing a future vacancy. Commissioner Casello asked the seat which was being vacated, the individual has no say in the process of the replacement process. 22 Page 630 of 1161 Meeting Minutes City Commission Boynton each, Florida September 6, 2018 Attorney Cherof stated the Commissioner would no longer be on the board. There was a consensus. 12. Legal A. PROPOSED ORDINANCE NO. 18-022 - FIRST READING - Approve amending City Code of Ordinances Section 16-22 so that park rangers to have the same authority as the director and any park attendant to eject from the park or beach any person acting in violation of this article. Attorney Cherof read Proposed Ordinance No. 18-022 by title only on first reading. Motion Commissioner McCray moved to approve with discussion. Commissioner Casello seconded the motion. Commissioner McCray noted he did not like the word ejected, he believes the word remove was better. Attorney Cherof stated if the Commission agrees in the amendment It will appear at the second reading Vice Mayor Romelus suggested having racial bias training with those City employees who has the authority to eject or remove patrons from the park or other locations. Ms. LaVerriere explained the City does not provide this type of training to staff, since no one has that authority to remove or eject patrons form City Facilities other than the police. Ms. LaVerriere explained Mr. Majors and the Police Department has that authority. Vice Mayor Romelus suggested training needed to be made available to those employees which will be given the authority. The training was needed to understand what constitutes the behavior which may cause the removal or rejection from the park or location. Ms. LaVerriere stated training was absolutely needed, and it was imperative to provide that training. Continued to say racial bias training for employees that have the authority or the power to remove patrons from City facilities must have this training. Ms. LaVerriere stated at the present time she did not believe the employees have the ability to remove/eject patrons from City facilities. The Police officers have the authority to remove and had racial bias training. This was something the City would absolutely need to provide the Park Rangers. 23 Page 631 of 1161 Meeting Minutes City Commission Boynton each, Florida September 6, 2018 Amended Motion Commissioner McCray moved to amend his previous motion with the intent that the City would use Racial Bias Training and with the consent of this Commission, will get rid of the word reject and replace with the word remove. Mayor Grant had a question with the term remove. The Park Ranger can only ask them to leave. They cannot physically remove them. In order to physically remove the individual, the Police must be notified, if the incident took place as on the beach, the Park Ranger would need to contact Ocean Ridge Police Department. Mayor Grant stated only the Park Ranger has the authority to call the local authority to have someone removed. Attorney Cherof suggested, initiate the removal of the individual. Commissioner McCray noted he was in agreement with the, initiating the removal of the individual and the Racial Bias Training. Mayor Grant provided an example of a flight attendant has the authority of removal of a passenger, but not the physically authority to remove. Mayor Grant indicated there was an amended motion to pass as amended Commissioner Casello moved to approve, seconded by Commissioner Katz. City Clerk, Pyle called the roll to 5-0 Mayor Grant indicated Attorney Cherof has a letter to send out to the Commission of Ethics. Attorney Cherof indicated a meeting has been scheduled with the Executive Director and Legal Counsel. He has requested item B, D and E remain on the table. Mayor Grant asked about item C, there needs to be a motion to table C. B. PROPOSED ORDINANCE NO. 18-019 - FIRST READING - City Commission to consider amending Part 11, Chapter 2, Article I of the Code of Ordinances to create a new subsection prohibiting board member lobbying. (TABLED STAFF RECOMMENDS ITEM REMAIN TABLED) C. PROPOSED ORDINANCE NO. 18-020 - SECOND READING PUBLIC HEARING - Approve amendments to the regulations governing the methodology 24 Page 632 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 used for approving the Utility rates governing water, wastewater (Chapter 26-9), reuse water (Chapter 26-508), and the stormwater assessment fee (Chapter 26- 403); allowing rates to be set annually by resolution of the Commission. Mayor Grant asked for a motion to table item C. Motion Commissioner Katz moved to table item C. Seconded by Commissioner McCray. Mr. Colin Groff indicated this will come off the table at the same time as the rate resolution. Vote Unanimously D. PROPOSED ORDINANCE NO. 18-016 - SECOND READING -Approve Amateur Radio &TV Antennas(CDRV1 8-001)amending Chapter 3. Article V. Section 12 of the Land Development Regulations to update terminology, restrict the number of towers allowed, establish height limits and setbacks, while maintaining consistency with preemption regulations by the Federal Communications Commission (FCC). City-initiated. (TABLED - STAFF RECOMMENDS ITEM REMAIN TABLED) E. PROPOSED ORDINANCE NO. 18-017 - SECOND READING - Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. City-initiated. (TABLED -- STAFF RECOMMENDS ITEM REMAIN TABLED) F. PROPOSED ORDINANCE NO. 18-021 — SECOND READING - An ordinance amending Chapter 10, section 10-30 of the City Code approving a rate increase in residential single family and multi-family garbage rates for fiscal year 2018- 19, 2019-20 and 2020-21. Attorney Cherof read Proposed Ordinance No. 18-021 by title only on second reading. Motion Commissioner Casello moved to approve. Commissioner Katz seconded the motion. Commissioner McCray had a question. 25 Page 633 of 1161 Meeting Minutes City Commission Boynton each, Florida September 6, 2018 Commissioner McCray noted Mr. Suss came before the Commission regarding increasing the millage rate to be increased to 8%. He was not in favor of raising the millage rate. Commissioner McCray when requesting residents which live in District 2 to pay an additional $1 per month, the residents were concerned about the regularity of picking up trash. He stated lately the job being done was excellent. He does not want staff to become lax when this resolution passes. Also, there was a lot of vacant properties and a lot of illegal dumping. It makes District 2 look bad as well at the rest of Boynton Beach. Commissioner Katz clarified if the trash was on the street or the sidewalk, the City has the authority to pick up the trash, but if it was on private property the City cannot legally enter the property. Mr. Groff responded this would have a different process, if it is an illegal dumping on private property, the private property owner was notified. If the private owner does not remove the trash, then the City could move forward and remove the trash. Commissioner McCray wanted to clarify he was speaking about illegal dumping onto private property. The process takes time. The City must look at the eyesore, while the City was waiting to resolve the issue, more trash was collected onto the vacant lot. The private property owner is notified and they may not be aware there is illegal dumping on their property. Commissioner McCray explained District 2 has more vacant than any other district in Boynton Beach. Asked what can be done to alleviate illegal dumping? Mayor Grant stated it was a crime to dump trash. Indicated a solution would be for the residents to get the license plate number. It was a property crime. No one was really getting hurt, so it was not a high level crime for Police. The Chief need to know this was a concern in District 2. Commissioner McCray asked about the license plate readers, if they were in place at this time. Mayor Grant stated he does not have confirmation. Commissioner McCray stated he understood, if there were license plate readers in place, it may be of help to reduce the amount of illegal dumping. He wanted to know if the license plat readers are in place. It was either a yes or no. He has requested clarification, what about all the other things regarding illegal dumping. Ms. LaVerriere responded the license plate reader are being installed by ATS, she does not believe they are in yet. She believed there will be 15 readers. Police Chief Gregory stated the license plate readers have not been installed as of yet. Commissioner Katz suggested the residents report the illegal dumping to the police, if they have home surveillance cameras and report. The license plate readers will be at main intersection; they will not be in residential areas. If the residents see anything, they should report it. Police officers are not monitoring for illegal dumping. 26 Page 634 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 Mayor Grant asked if there were any additional questions. City Clerk Pyle called the roll Vote 5-0 G. Approved an addendum to the agreement with Palm Beach County School District, for Security services for City of Boynton Beach Police Officers would provide security and details at the School. Attorney Cherof informed the Commission the School District of Palm Beach County has requested the City add an addendum which was a student information disclosure form. This addendum binds the City to an already existing State Statute and Federal Regulations regarding maintaining the confidentiality of student records which may come into their possession. Since the addendum was not attached to the approvals, Counsel was requesting the approval of the addendum. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. Vote Unanimously Mayor Grant asked if anyone wanted to place an item on Future Agenda. Vice Mayor Romelus stated she had a conversation with Susan Oyer, she would like to receive some feedback regarding doing some type of local competition among residents and Commissioners. She would also like to request a report on how many local artists, if any, are being used for the City of Boynton Beach Town Square Project. She believed that was one of the items she asked to have included. 13. FUTURE AGENDA ITEMS A. Commission wants to discuss public safety as it relates to the Town Square Redevelopment—TBD B. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park 27 Page 635 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 C. Staff to bring back to Commission results of negotiation with property owner a real estate purchase and sale agreement between the City of Boynton Beach and Brittany Bumgardner for a vacant parcel at the end of SW 24th Avenue adjacent to 1-95. - TBD D. Approve Good Stone Townhomes annexation (ANNEX 18-001) Applicant: Good Stone, LLC.Approve Good Stone Townhomes Future Land Use Map Amendment (LUAR 18-002) from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good Stone, LLC. Approve Good Stone Townhomes Rezoning (LUAR 18-002) from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (IPUD). Applicant: Good Stone, LLC -September 20, 2018 E. Approve Good Stone Townhomes New Site Plan (NWSP 18-001) to allow construction of a multi-family residential project consisting of four(4), three- story townhomes totaling 12,180 square feet and related site improvements, located on the southeast corner of Federal Highway and Chukker Road. This request is in coordination with applications for Annexation, Future Land Use Amendment, and Rezoning. Applicant: Good Stone, LLC - September 20, 2018 F. Approve 125 E. Boynton Beach Blvd. Major Site Plan Modification (MSPM 18- 004) to construct a one-story, 1,226 square foot addition to an existing 1,780 square foot office building and related site improvements, at 125 E. Boynton Beach Blvd. in the C-3 (Community Commercial) zoning district. Applicant: Limor Drillich. - September 20, 2018 G. Approve Cottage District Alley Abandonment (ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east /west from Seacrest Boulevard to NE 1 st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. - September 20, 2018 H. Approve Arden Park abandonment (ABAN 18-002) allowing the abandonment of the unimproved, 10.2-foot wide alley running north /south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant: Michael Simon, CRA Executive Director. - September 20, 2018 I. Commission to discuss Commission Meeting that would normally be scheduled for Tuesday, January 1, 2019 and decide to either re-schedule or cancel the meeting - October 2, 2018 28 Page 636 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 69 2018 J. Consideration of Interlocal Agreement between City of Boynton each and Town of Hypoluxo for the City to provide water and sewer service to the Town - October 2, 2018 14. Adjournment Motion There being no further business to discuss, Commissioner cCray moved to adjourn. Commissioner Casello seconded the motion. Vote The motion unanimously passed. The meeting was adjourned (continued on next page) 29 Page 637 of 1161 Meeting Minutes City Commission Boynton Beach, Florida September 6, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner— Justin Katz Commissioner— Mack McCray Commissioner- Joe Casello ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 30 Page 638 of 1161 MINUTES OF THE SPECIAL CITY COMMISSION MEETING HELD ON TUESDAY, SEPTEMBER 11, 2018 AT 6:00 P.M. IN THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Steven B. Grant, Mayor Lori LaVerriere, City Manager Christina Romelus, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Judith A. Pyle, City Clerk Mack McCray, Commissioner Joe Casello, Commissioner 1. OPENINGS A. Call to Order® Mayor Steven B. Grant Mayor Grant called the meeting to order at 6:00 p.m. Invocation Mayor Grant gave the invocation. Pledge of Allegiance to the Flag Commissioner Katz led the Pledge of Allegiance to the Flag Roll Call City Clerk Pyle called the roll. A quorum was present. Agenda Approval: 1. Additions, Deletions, Corrections None 2. Adoption Motion Commissioner Casello moved to approve the agenda. Commissioner McCray seconded the motion. Vote The motion unanimously passed. Page 639 of 1161 Special Meeting Minutes City Commission Boynton Beach, Florida September 11, 2018 A. Proposed Resolution No. R18-127— Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2018-2019 Fire Assessment. Mayor Grant read Proposed Resolution No.18-027 into the record by title only. Motion Commissioner Katz moved to approve. Seconded by Commissioner McCray with discussion Commission McCray stated he was in in favor of the resolution. Requested clarification regarding those who did not have the funds to make the payment. Inquired if a process was in place to help those less fortunate. Tim Howard, Assistant City Manager, explained as in past years there was a hardship application which were available to the residents. These hardship applications are available at the City of Boynton Beach Recreation facilities, Hester Center, Carolyn Sims Center, Library, Customer Service office, the residents can download the application from the City website or they can call the City of Boynton Beach to have an application mailed. Informed the Commission the deadline to submit the application was October 18, 2018. Mr. Howard informed the Commission the City received 35 hardship applications last fiscal year. Mayor Grant opened for Public Comment. Darren Ayoub, Esq, Attorney with the law firm of Barfield, McCain, represents Apartment Communities and Landlords. He was a member of the Southeast Florida Apartment Associations. The association has 26-member properties within the City of Boynton Beach, with units ranging from 100 to almost 600 units. The proposed fee assessment, was based on individual units, which disproportionately affect apartment unit owners. The owners are being charged 600 times. Mr. Ayoub stated he has data from around the state; with calls to single family homes versus calls to apartment communities. Most often than not, there are more calls to the single family homes than to apartment communities. Apartment communities are subject to additional fire regulations, such as fire sprinklers, fire codes which make these units safer than the average single family home. His clients are against these fees because of the disproportionate impact for the individual apartment owners. Mr. Ayoub provided an example of an owner of an apartment which must pay over $70,000 in assessments because of the number of units they own. Mr. Ayoub respectfully asked the City to reconsider the apportionment which was going towards the apartment community and possibly do a fee which is more accurately stated the likelihood of number of calls received as opposed to the City as a whole. Mayor Grant responded his concern was that most apartment owner residents are not year-around residents. Explained the seasonal apartment owners versus resident's single 2 Page 640 of 1161 Special Meeting Minutes City Commission Boynton Beach, Florida September 11, 2018 family homeowners which are here year-around. Mayor Grant stated he does not believe it was unfair to the apartment owners because services are received equally. Commissioner McCray responded there has never been anyone which spoke about the apartment community, Vote The motion unanimously passed. A. PROPOSED ORDINANCE NO. 18-023 - FIRST READING -Approve NE 1 st Avenue Abandonment (ABAN 18-003) abandoning the improved 45-foot-wide right-of-way running east / west from NE 1st Street, for a distance of approximately 588.02' feet, to Seacrest Boulevard. Applicant: City of Boynton Beach Attorney Cherof read Proposed Ordinance No. 18-023 into the record by title only on first reading. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. City Clerk Pyle call the role. VOTE 5-0 14. ADJOURNMENT There being no further business to discuss, Commissioner McCray moved to adjourn. Vice Mayor Romelus seconded the motion. Vote The motion unanimously passed. The meeting was adjourned at 6:07 p.m. (Continued on next page) 3 Page 641 of 1161 Special Meeting Minutes City Commission Boynton Beach, Florida September 11, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner—Justin Katz Commissioner- Mack McCray Commissioner- Joe Casello ATTEST Judith A. Pyle, CMC City Clerk 62 ueenester Nieves Deputy City Clerk 4 Page 642 of 1161 7.A. BIDS AND PURCHASES OVER$100,000 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-145-Authorize the City Manager to sign an annual service agreement with Motorola, Inc. in the amount of$117,320.04 for the continued maintenance and repair of the City's radio telecommunications systems as a sole source vendor. EXPLANATION OF REQUEST: The City maintains a radio telecommunications system that provides the Police Department, Fire/Rescue Department and other local government entities with radio communications. The Motorola Company manufactured and installed our current system which consists of computer consoles, portable radios, antennas and operational readiness. The City has a fifteen year relationship with Motorola and this request is for an annual maintenance agreement for Motorola to provide monitoring and diagnostic services along with the replacement or repair of any defects to the infrastructure, computer equipment, and radio repair and upgrades required. While Motorola has the option to subcontract radio maintenance to an authorized Motorola subcontractor, the Communications infrastructure (consoles, repeaters, etc.) are serviced and maintained by Motorola directly. Authorized subcontractors of Motorola will not contract with entities directly as their work orders are routed through Motorola. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This service agreement ensures that public safety and relevant local government entities can maintain radio communications which is critical to the safety of City personnel and the provision of services to the community. FISCAL IMPACT: Budgeted Funds have been included in the FY 2018/19 Proposed Budget in line item 001-2112-521.46-24. ALTERNATIVES: Radio communications are mission critical to the public safety function. The maintenance contract is required to insure continued operations of the system. If the current system is not maintained the purchase of another system would be required. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 643 of 1161 Grant Amount: CONTRACTS VENDOR NAME: Motorola Solutions START DATE: 12/1/2018 END DATE: 11/30/2019 CONTRACT VALUE: $117,320.04 MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Resolution Resolution approving Annual Service Agreement with Motorola D Attachment Motorola Renewal package Page 644 of 1161 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AN ANNUAL SERVICE AGREEMENT 6 WITH MOTOROLA, INC., PROVIDING FOR THE CONTINUED 7 MAINTENANCE AND REPAIR OF THE CITY'S RADIO 8 TELECOMMUNICATIONS SYSTEMS AS A SOLE SOURCE 9 VENDOR IN THE AMOUNT OF $117,320.04; AUTHORIZING THE 10 CITY MANAGER TO SIGN THE AGREEMENT;AND PROVIDING 11 AN EFFECTIVE DATE. 12 13 14 WHEREAS,the City maintains a radio telecommunications system that provides the 15 Police Department, Fire Rescue Department and other local government entities with radio 16 communications; and 17 WHEREAS, Motorola, Inc., manufactured and installed our current system which 18 consists of computer consoles, portable radios, antennas and operational readiness; and 19 WHEREAS, the City has a fifteen year relationship with Motorola; and 20 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 21 recommendation of staff, deems it to be in the best interests of the City residents to enter into 22 a Service Agreement with Motorola, Inc., for the continued maintenance and repair of the 23 City's radio telecommunication systems. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 30 approves the Service Agreement for the continued maintenance and repair of the City's radio C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\DEB2E752-7F85-42AB-8F99-E14A59CF6B92\Boynton Beach.12650.1.Moto rola—Se rvice_Agree ment_(2018-19)__Reso.docx Page 645 of 1161 31 system between the City of Boynton Beach and Motorola, Inc.,in the amount of$117,320.04. 32 Section 3. The City Manager is authorized to sign the Service Agreement, a copy 33 of which Agreement is attached hereto as Exhibit"A." 34 Section 4. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2018. 36 37 38 CITY OF BOYNTON BEACH, FLORIDA 39 40 YES NO 41 42 Mayor— Steven B. Grant 43 44 Vice Mayor— Christina L. Romelus 45 46 Commissioner—Mack McCray 47 48 Commissioner—Justin Katz 49 50 Commissioner—Joe Casello 51 52 53 VOTE 54 55 ATTEST: 56 57 58 59 Judith A. Pyle, CMC 60 City Clerk 61 62 63 64 (Corporate Seal) 65 66 C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\DEB2E752-7F85-42AB-8F99-E14A59CF6B92\Boynton Beach.12650.1.Moto rola—Se rvice_Agree ment_(2018-19)__Reso.docx Page 646 of 1161 MOrOROLA SOLUTIONS SERVICES AGREEMENT Attn:National Service Support/4th fl Contract Number: USC000006388 1301 East Algonquin Road (800)247-2346 Date: 04/24/2018 Company Name: Boynton Beach, City Of Required P.O.: No Attn: Customer# : 1000303040 Billing Address: 100 E Boynton Beach Blvd Bill to Tag # : 0001 City, State, Zip: Boynton Beach,FL,33435 Contract Start Date: 12/01/2018 Customer Contact: Contract End Date: 11/30/2019 Phone: Anniversary Day: Payment Cycle: QUARTERLY PO# : QTY MODEL/OPTION SERVICES DESCRIPTION MONTHLY EXTENDED EXT AMT Total Services $9,776.67 $117,320.04 SPECIAL INSTRUCTIONS -ATTACH Subtotal - Recurring Services STATEMENT OF WORK FOR PERFORMANCE DESCRIPTIONS Subtotal- One-Time Event Services Total $9,776.67 $117,320.04 Taxes - - MAINTENANCE CONTRACT INCLUDES THE Grand Total9,776.67 $117,320.04 FOLLOWING SERVICE PRODUCTS: $ DISPATCHING,TECHNICAL SUPPORT, THIS SERVICE AMOUNT IS SUBJECT TO STATE AND LOCAL TAXING NETWORK MONITORING, INFRASTRUCTURE JURISDICTIONS WHERE APPLICABLE,TO BE VERIFIED BY MOTOROLA. REPAIR WITH ADVANCED REPLACEMENT, ON SITE INFRASTRUCTURE RESPONSE, LOCAL RADIO COMBO PACKAGE, SECURITY MONITORING AND SECURITY UPDATE SERVICE,ANNUAL PM CHECK FOR RADIO SYSTEM AND SUBSCRIBERS. Subcontractor(s) City State MOTOROLA SOUTH FLORIDA FSO PLANTATIO FL N MOTOROLA SYSTEM SUPPORT CENTER ELGIN IL MOTOROLA SSC NETWORK SECURITY SCHAUMBU IL D0298 RG MOTOROLA SYSTEM SUPPORT SCHAUMBU IL CENTER-NETWORK MGMT D0067 RG MOTOROLA SYSTEM SUPPORT CTR-CALL SCHAUMBU IL CENTER D0066 RG MOTOROLA SYSTEM SCHAUMBU IL SUPPORT-TECHNICAL SUPPORT D0068 RG Page 647 of 1161 I received Statements of Work that describe the services provided on this Agreement. Motorola's Service Terms and Conditions, a copy of which is attached to this Service Agreement, is incorporated herein by this reference. AUTHORIZED CUSTOMER SIGNATURE TITLE DATE CUSTOMER (PRINT NAME) MOTOROLA REPRESENTATIVE(SIGNATURE) TITLE DATE Cindee Markes 954-723-4718 MOTOROLA REPRESENTATIVE(PRINT NAME) PHONE Page 648 of 1161 Customer: Boynton Beach, City of Effective: 12/1/2018 Contract#: S00001000428 Qty Equipment Description 5 MCC7500 consoles 5 GTR8000 Repeaters 227 APX6000 Model 2.5 85 APX6000 Model 1.5 19 APX4000 Model 2.5 128 APX6500 Mobile 6 APX7500 Consolettes See attached serial number list for subscribers included Contract includes 1 Annual Preventative Maintenance Inspection to be scheduled upon customer request Contract includes local Pick up and Delivery services Page 6349 of 1161 Motorola Solution Service Terms and Conditions Motorola Solutions Inc. ("Motorola") and the City of Boynton Beach, Florida ("Customer") hereby agree as follows: Section 1. APPLICABILITY These Maintenance Service Terms and Conditions apply to service contracts whereby Motorola will provide to Customer either(1) maintenance, support, or other services under a Motorola Service Agreement, or(2) installation services under a Motorola Installation Agreement. Section 2. DEFINITIONS AND INTERPRETATION 2.1. "Agreement" means these Maintenance Service Terms and Conditions; the cover page for the Service Agreement or the Installation Agreement, as applicable; and any other attachments, all of which are incorporated herein by this reference. In interpreting this Agreement and resolving any ambiguities, these Maintenance Service Terms and Conditions take precedence over any cover page, and the cover page takes precedence over any attachments, unless the cover page or attachment states otherwise. 2.2. "Equipment" means the equipment that is specified in the attachments or is subsequently added to this Agreement. 2.3. "Services" means those installation, maintenance, support, training, and other services described in this Agreement. Section 3. ACCEPTANCE Customer accepts these Maintenance Service Terms and Conditions and agrees to pay the prices set forth in the Agreement. This Agreement becomes binding only when accepted in writing by Motorola. The term of this Agreement begins on the "Start Date" indicated in this Agreement. Section 4. SCOPE OF SERVICES 4.1. Motorola will provide the Services described in this Agreement or in a more detailed statement of work or other document attached to this Agreement. At Customer's request, Motorola may also provide additional services at Motorola' s then-applicable rates for the services. 4.2. If Motorola is providing Services for Equipment, Motorola parts or parts of equal quality will be used; the Equipment will be serviced at levels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 4.3. If Customer purchases from Motorola additional equipment that becomes part of the same system as the initial Equipment, the additional equipment may be added to this Agreement and will be billed at the applicable rates after the warranty for that additional equipment expires. 4.4. All Equipment must be in good working order on the Start Date or when additional equipment is added to the Agreement. Upon reasonable request by Motorola, Customer will provide a complete serial and model number list of the Equipment. Customer must promptly notify Motorola in writing when any Equipment is lost, damaged, stolen or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 4.5. Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 4.6. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 4.7. Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 100203944.1 306-90018211 4 Page 650 of 1161 Section 5. EXCLUDED SERVICES 5.1. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. 5.2. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multicoupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. Section 6. TIME AND PLACE OF SERVICE Service will be provided at the location specified in this Agreement. When Motorola performs service at Customers location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. Section 7. CUSTOMER CONTACT Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. Section 8. PAYMENT Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within forty- five (45)days of the invoice date. Section 9. WARRANTY Motorola warrants that its Services under this Agreement will be free of defects in materials and workmanship for a period of ninety (90)days from the date the performance of the Services are completed. In the event of a breach of this warranty, Customers sole remedy is to require Motorola to re-perform the non-conforming Service or to refund, on a pro-rata basis, the fees paid for the non-conforming Service. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Section 10. DEFAULT/TERMINATION 10.1. If either party defaults in the performance of this Agreement, the other party will give to the non-performing party a written and detailed notice of the default. The non-performing party will have thirty (30)days thereafter to provide a written plan to cure the default that is acceptable to the other party and begin implementing the cure plan immediately after plan approval. If the non-performing party fails to provide or implement the cure plan, then the injured party, in addition to any other rights available to it under law, may immediately terminate this Agreement effective upon giving a written notice of termination to the defaulting party. 10.2. Any termination of this Agreement will not relieve either party of obligations previously incurred pursuant to this Agreement, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of this Agreement. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 100203944.1 306-90018211 Page 651 of 1161 Section 11. LIMITATION OF LIABILITY Except for personal injury or death, Motorola's total liability,whether for breach of contract,warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOOD WILL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. Section 12. EXCLUSIVE TERMS AND CONDITIONS 12.1. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to the Services, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 12.2. Customer agrees to reference this Agreement on any purchase order issued in furtherance of this Agreement, however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless: the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. Section 13. PROPRIETARY INFORMATION; CONFIDENTIALITY; INTELLECTUAL PROPERTY RIGHTS 13.1. Any information or data in the form of specifications, drawings, reprints, technical information or otherwise furnished to Customer under this Agreement will remain Motorola's property, subject to the requirements and limitations for Florida's Public Records law, pursuant to Chapter 119, Florida Statutes, will be deemed proprietary, will be kept confidential, and will be promptly returned at Motorola's request. Customer may not disclose, without Motorola's written permission or as required by law, any confidential information or data to any person, or use confidential information or data for any purpose other than performing its obligations under this Agreement. The obligations set forth in this Section survive the expiration or termination of this Agreement. 13.2. Unless otherwise agreed in writing, no commercial or technical information disclosed in any manner or at any time by Customer to Motorola will be deemed secret or confidential. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 13.3. This Agreement does not grant directly or by implication, estoppel, or otherwise, any ownership right or license under any Motorola patent, copyright, trade secret, or other intellectual property, including any intellectual property created as a result of or related to the Equipment sold or Services performed under this Agreement. Section 14. FCC LICENSES AND OTHER AUTHORIZATIONS Customer is solely responsible for obtaining licenses or other authorizations required by the Federal Communications Commission or any other federal, state, or local government agency and for complying with all rules and regulations required by governmental agencies. Neither Motorola nor any of its employees is an agent or representative of Customer in any governmental matters. Section 15. COVENANT NOT TO EMPLOY During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. 100203944.1 306-90018211 Page &2 of 1161 Section 16. MATERIALS, TOOLS AND EQUIPMENT All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customers custody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customers premises by Motorola at any time without restriction. Section 17. GENERAL TERMS 17.1. If any court renders any portion of this Agreement unenforceable, the remaining terms will continue in full force and effect in which the Services are performed. 17.3. Failure to exercise any right will not operate as a waiver of that right, power, or privilege. 17.4. Neither party is liable for delays or lack of performance resulting from any causes that are beyond that party's reasonable control, such as strikes, material shortages, or acts of God. 17.5. Motorola may subcontract any of the work, but subcontracting will not relieve Motorola of its duties under this Agreement. 17.6. Except as provided herein, neither Party may assign this Agreement or any of its rights or obligations hereunder without the prior written consent of the other Party, which consent will not be unreasonably withheld. Any attempted assignment, delegation, or transfer without the necessary consent will be void. Notwithstanding the foregoing, Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. In addition, in the event Motorola separates one or more of its businesses (each a "Separated Business"), whether by way of a sale, establishment of a joint venture, spin-off or otherwise (each a "Separation Event"), Motorola may, without the prior written consent of the other Party and at no additional cost to Motorola, assign this Agreement such that it will continue to benefit the Separated Business and its affiliates (and Motorola and its affiliates, to the extent applicable) following the Separation Event. 17.7. THIS AGREEMENT WILL RENEW, FOR AN ADDITIONAL ONE (1)YEAR TERM, ON EVERY ANNIVERSARY OF THE START DATE UNLESS EITHER THE COVER PAGE SPECIFICALLY STATES A TERMINATION DATE OR ONE PARTY NOTIFIES THE OTHER IN WRITING OF ITS INTENTION TO DISCONTINUE THE AGREEMENT NOT LESS THAN THIRTY (30) DAYS OF THAT ANNIVERSARY DATE. At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 17.8. If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's then effective hourly rates. 17.9 This Agreement may be executed in one or more counterparts, all of which shall be considered part of the Agreement. The parties may execute this Agreement in writing, or by electronic signature, and any such electronic signature shall have the same legal effect as a handwritten signature for the purposes of validity, enforceability and admissibility. In addition, an electronic signature, a true and correct facsimile copy or computer image of this Agreement shall be treated as and shall have the same effect as an original signed copy of this document. 18. Motorola shall comply with Florida's Public Records Law. Specifically, Motorola shall: 1. Keep and maintain public records required by the City to perform the service. 2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Motorola does not transfer the records to the City. 4. Upon completion of the contract, transfer, at no cost, to the City all public records in possession of Motorola or keep and maintain public records required by the City to perform the service. If Motorola transfers all public records to the City upon completion of the contract, Motorola shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure 100203944.1 306-90018211 Page 653 of 1161 requirements. If Motorola keeps and maintains public records upon completion of the contract, the Motorola shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 19. By execution of this Agreement, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435. 561-742-6061. 100203944.1 306-90018211 Page 654 of 1161 MOTOROLA SOLUTIONS Statement of Work Local Radio Combo Package 1.0 Description Local Radio Combo Package provides operational check and board level repair services for mobile, portable, two-way and mobile data. An operational check is an analysis of the Equipment to identify external or internal defects. Local Radio Combo Package also includes service on standard palm microphones and single mobile controls heads,provided that they are required for nonoral operation of the two-way mobile and are included at the point of manufacture. Service is only included on Equipment specifically named in the applicable Agreement to which this Statement of Work is attached. Local Radio Combo Package excludes repairs to: optional accessories; MEN accessories; MEN mobile microphones; non-standard mobile microphones, mobile external speakers; optional or additional control heads, single and multiple unit portable chargers;batteries,mobile antennas;mobile power&antenna cables and power supplies. The following services are excluded from Local Radio Combo service unless they are purchased for an additional fee. The services are Pick-up & delivery, Subscriber Preventative Maintenance, Portable Remote Speaker Microphones, Portable Antenna Replacements and Mobile Remote Control Heads. The tenors and conditions of this SOW are an integral part of Motorola's Service Tenors and Conditions or other applicable agreement to which it is attached and made a part thereof by this reference. 2.0 Motorola has the following responsibilities: 2.1 Service to be perfonmed at the Servicer facility during Standard Business Days. 2.2 Perform an operational check on the Equipment to detenmine the nature of the problem. 2.3 Remove/reinstall mobile or data Equipment from/to Customer's vehicle as needed for additional servicing. 2.4 Test and Restore the Equipment to Motorola factory specifications. 2.5 Remove any dust,and/or foreign substances from the Equipment. 2.6 Reprogram Equipment necessary to return Equipment to original operating parameters based on the template in the Equipment,if the template information can be retrieved from the Equipment,or from a backup diskette provided by Customer containing the template information. If the Customer template is not provided or not reasonably usable,a generic template utilizing the latest Radio Service Software(RSS)version for that Equipment will be used. The Equipment will require additional programming by the Customer to Restore the original template. 2.7 Notify Customer upon completion of repair for pickup of Equipment. 3.0 Customer has the following Responsibilities: 3.1 Deliver and pick up Equipment to/from the Servicer facility. 3.2 Infonet Servicer of description of problem for Equipment brought in for service. 3.3 If the Equipment will not power up,or if desired,supply Servicer with a backup diskette with the Software template or programming in order to assist in returning the Equipment to original operating parameters. If applicable,record the current flashcode for each radio. 3.4 If Motorola must use a generic template to restore Equipment to operating condition,Customer is responsible for any progranuning required to Restore Equipment to desired parameters. 3.5 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide 3.6 the Local Radio Combo Package service to Customer. Local Radio Combo Package Approved by Motorola Contracts& Compliance 04-30-2004 Page d55 of 1161 OnSite Infrastructure Response and Dispatch Service Overview Motorola's OnSite Infrastructure Response & Dispatch service provides case management and escalation for onsite technical service requests. The service is delivered by the Motorola's Solutions Support Center (SSC) in conjunction with a local service provider. The SSC is responsible for opening a case for onsite support and monitoring the status of that case to ensure strict compliance to committed response times. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Services The Motorola SSC will receive customer request for OnSite service provider and dispatch a servicer. The servicer will respond to the customer location based on pre-defined Severity Levels set forth in Section 4.0- Severity Level Definitions able and Response times set forth in Section 5.0—Severity Level Response Time Commitments table in order to restore the system. Motorola will provide case management as set forth herein. The SSC will maintain contact with the on-site Motorola Service Shop until system restoral and case closure. The SSC will continuously track and manage cases from creation to close through an automated case tracking process. 1.1 Scope OnSite Infrastructure Response & Dispatch service is available 24 hours a day, 7 days a week in accordance with Severity Level Definitions and Severity Level Response Time Commitments listed in sections 4.0 and 5.0 of this document. 1.2 Geographic Availability OnSite Infrastructure Response and Dispatch is available to customers worldwide where Motorola servicers are present. Response times are based on the customer's local time zone. 1.3 Inclusions Onsite Infrastructure Response and Dispatch Service can be delivered on Motorola-sold infrastructure. 2.0 Motorola has the following responsibilities: 2.1. Receive service requests. 2.2. Create a case as necessary when service requests are received. Gather information to perform the following: 2.2.1. Characterize the issue. 2.2.2. Determine a plan of action. 2.2.3. Assign and track the case to resolution. 2.3. Dispatch a servicer as required by Motorola standard procedures and provide necessary case information collected in 2.2. 2.4. Ensure the required personnel have access to customer information as needed. 2.5. Servicer will perform the following on-site: 2.5.1. Run diagnostics on the Infrastructure or Field Replacement Units (FRU). 2.5.2. Replace defective Infrastructure or FRU, as supplied by customer'. 10 Page 656 of 1161 2.5.3. Provide materials, tools, documentation, physical planning manuals, diagnostic/test equipment and any other requirements necessary to perform the maintenance service. 2.5.4. If a third party vendor is needed to restore the system, the Servicer may accompany that vendor onto the customer's premises. 2.6. Verify with customer that restoration is complete or system is functional, if required by customer's repair verification in the Customer Support Plan required by section 3.2. If verification by customer cannot be completed within 20 minutes of restoration, the case will be closed and the Servicer will be released. 2.7. Escalate the case to the appropriate party upon expiration of a response time. 2.8. Close the case upon receiving notification from customer or servicer, indicating the case is resolved. 2.9. Notify customer of case status as defined by the Customer Support Plan: 2.9.1. Open and closed; or 2.9.2. Open, assigned to the servicer, arrival of the servicer on-site, deferred or delayed, closed. 2.10. Provide Case activity reports to customer if requested. 3.0 Customer has the following responsibilities: 3.1. Contact Motorola, as necessary, to request service. 3.2. Provide Motorola with the following pre-defined customer information and preferences prior to start date necessary to complete Customer Support Plan (CSP): 3.2.1. Case notification preferences and procedure. 3.2.2. Repair verification preference and procedure. 3.2.3. Database and escalation procedure forms. 3.2.4. Submit changes in any information supplied in the CSP to the Customer Support Manager (CSM). 3.3. Provide the following information when initiating a service request: 3.3.1. Assigned system ID number. 3.3.2. Problem description and site location. 3.3.3. Other pertinent information requested by Motorola to open a case. 3.4. Allow Servicers access to equipment. 3.5. Supply infrastructure or FRU, as applicable, in order for Motorola to restore the system as set forth in paragraph 2.5.2. 3.6. Maintain and store in an easily accessible location any and all software needed to restore the system. 3.7. Maintain and store in an easily accessible location proper system backups. 3.8. For E911 systems, test the secondary/backup Public Safety Answering Point (PSAP) connection to be prepared in the event of a catastrophic failure of a system. Train appropriate personnel on the procedures to perform the function of switching to the backup PSAP. 3.9. Verify with the SSC that restoration is complete or system is functional, if required by repair verification preference provided by customer in accordance with section 3.2. 3.10. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide these services. 'Infrastructure Repair with Advanced Replacement(I RAR)is a service offering that provides repair and replacement of infrastructure equipment.IRAR enhances Onsite and Dispatch Service by enabling a faster response and repair times. Page 657 of 1161 4.0 Severity Level Definitions The following severity level definitions will be used to determine the maximum response times: Severity Level Severity Definition Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of severity: • 33% of call processing resources impaired • Site Environment alarms: o Smoke o Unauthorized access o Temperature o Power failure Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services include, voice, data,or network management). The following are examples of this kind of severity: • Less than 83% of call processing resourcesimpaired * Failure of a sin le redundant component Severity 3 This is defined as a fault which reduces the functionality, efficiency or usability of core services (voice, data and network management) and there is a viable work- around in place. The following are examples of this kind of severity: • Intermittent faults that are infrequent and minor impact to core services • Statistical reporting roblems Severity 4 This is defined as a miner issue,which has little or no impact on the functionality, efficiency or usability of core services.The fallowing are examples of this kind'of severity: Faults resulting in minor functions or features being unsupported or unreliable in ways that are riot noticeable to the"user. * Faults that have no impact in how the user perceives the system to work. Cosmetic issues. * Requests for information. Preventive Maintenance 12 Page 658 of 1161 5.0 Severity Level Response Time Commitments (Customer's Response Time Classification is designated in the Customer Support Plan.) Standard Response Time Level Severity Se�e-nty 1 Within 4 hours from receipt of notification continuously Within 4 hours from receipt of notification Standard Business Day Within 8 hours from receipt of notification Standard Business Day Standard Business Day *Premier Response is an option that provides o2-hourresponse time for severity 1 ioouoa 13 Page G58Of11G1 , � Network Monitoring,Statement of Work Version 1.12 Network Monitoring Overview Motorola's Network Monitoring Operations (NMO) within the Motorola Solutions Support Center (SSC) provides real-time fault monitoring for radio communications networks on a continuous basis. NMO utilizes sophisticated tools for remote monitoring and event characterization of your communications networks. When an event is detected, NMO technologists acknowledge and assess the situation, and initiate a defined response. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Network Monitoring Services Network Monitoring is a service designed to electronically monitor elements of a communication system for events, as set forth in the Monitored Elements Table. When the SSC detects an event, (based on the severity of the event) trained technologists acknowledge and remotely diagnose the event, and initiate an appropriate response in accordance with the customer handling procedure. Appropriate responses could include, but are not limited to, continuing to monitor the event for further development, attempting remote remediation via engagement of Technical Support resources, or initiating dispatch' of a Field Servicer for onsite remediation. 1.1 Availability Network Monitoring service is available 24 hours a day, 7 days a week. Network Monitoring availability is based on the level of contracted service and defined in the Customer Support Plan (CSP). 1.2 Geographic Availability Network Monitoring is a globally provided service unless limited by data export control regulations. Timeframes are based on the customer's local time zone. 1.3 Inclusions Network monitoring service can be delivered on Motorola sold infrastructure as stated in Monitored Elements Table. 1.4 Limitations and Exclusions 1.4.1 Does not include monitoring of anything outside of the radio network or monitoring of infrastructure provided by a third party, unless specifically stated. Monitored elements must be within the radio network and capable of sending traps to the Unified Event Manager(UEM). 1.4.2 Additional support charges above and beyond the contracted service agreements may apply if it is determined that system faults were caused by the customer making changes to critical system parameters. 1.4.3 The following activities are outside the scope of the Network Monitoring service, but are optional services that are available to remote Network Monitoring customers at an additional cost: Approved by Motorola Solutions LGA&C 11/12/2014 ©Motorola 2015 14 Page 660 of 1161 , � Network Monitoring,Statement of Work Version 1.12 1.4.3.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC working remotely with the local customer technical resource. 1.4.3.2 System installations, upgrades, and expansions. 1.4.3.3 Customer training. 1.4.3.4 Hardware repair and/or exchange. 1.4.3.5 Network security services. 1.4.3.6 Network transport. 1.4.3.7 Information Assurance. 1.4.3.8 Any services not expressly included in this statement of work. 1.4.4 Reference the event catalogue to confirm monitored equipment. 1 Dispatch service with OnSite Response is a separate service that is required with Network Monitoring. 1.5 Motorola has the following responsibilities: 1.5.1. Provide dedicated connectivity through a network connection necessary for monitoring communication networks. The Connectivity Matrix further describes the connectivity options. 1.5.2 If determined necessary by Motorola, provide Motorola owned equipment for monitoring system elements. If Motorola installs or replaces Motorola owned equipment, the type of equipment and location installed is listed in the Motorola Owned & Supplied Equipment Table. 1.5.3 Verify connectivity and event monitoring prior to system acceptance or start date. 1.5.4 Monitor system continuously during hours designated in the CSP in accordance with the pre-defined times specified in section 1.6.2 below. 1.5.5 Remotely access the customer's system to perform remote diagnosis as permitted by customer pursuant to section 1.6.4. 1.5.6 Create a case, as necessary. Gather information to perform the following: 1.5.6.1 Characterize the issue 1.5.6.2 Determine a plan of action 1.5.6.3 Assign and track the case to resolution. 1.5.7 Cooperate with customer to coordinate transition of monitoring responsibilities between Motorola and customer as specified in section 1.6.13 and 1.6.13.1. 1.5.8 Maintain communication with the customer in the field as needed until resolution of the case 1.6 The Customer has the following responsibilities: 1.6.2 Allow Motorola continuous remote access to enable the monitoring service. 1.6.3 Provide continuous utility service to any Motorola equipment installed or utilized at customer's premises to support delivery of the service. 1.6.4 Provide Motorola with pre-defined customer information and preferences prior to Start Date necessary to complete the CSP, including, but not limited to: 1.6.4.1 Case notification preferences and procedure Approved by Motorola Solutions LGA&C 11/12/2014 ©Motorola 2015 15 Page 661 of 1161 , � Network Monitoring,Statement of Work Version 1.12 1.6.4.2 Repair Verification Preference and procedure 1.6.4.3 Database and escalation procedure forms. 1.6.4.4 Submit changes in any information supplied to Motorola and included in the CSP to the CSM. 1.6.5 Provide the following information when initiating a service request: 1.6.5.1 Assigned system ID number 1.6.5.2 Problem description and site location 1.6.5.3 Other pertinent information requested by Motorola to open a Case. 1.6.6 Notify the SSC when customer performs any activity that impacts the system. (Activity that impacts the system may include, but is not limited to, installing software or hardware upgrades, performing upgrades to the network, or taking down part of the system to perform maintenance.) 1.6.7 Allow Servicers access to equipment (including any connectivity or monitoring equipment) if remote service is not possible. 1.6.8 Allow Servicers access to remove Motorola owned monitoring equipment upon cancellation of service. 1.6.9 Provide all customer managed passwords required to access the customer's system to Motorola upon request or when opening a case to request service support or enable response to a technical issue. 1.6.10 Pay additional support charges above and beyond the contracted service agreements that may apply if it is determined that system faults were caused by the customer making changes to critical system parameters 1.6.11 Obtain all third party consents or licenses required to enable Motorola to provide the monitoring service. 1.6.12 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 1.6.13 Contact Motorola to coordinate transition of monitoring when monitoring responsibility is to be transferred to or from Motorola. (Le. normal business hours to after-hours monitoring) as set forth in pre-defined information provided by customer CSP. 1.6.13.1 Upon contact, customer must provide customer name, site id, status on any open cases, severity level, and brief description of case and action plan to Motorola. 1.6.14 Acknowledge that cases will be handled in accordance with the times and priorities as defined in the Event Definition table-Appendix A . 1.6.15 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Network Monitoring service. Approved by Motorola Solutions LGA&C 11/12/2014 ©Motorola 2015 16 Page 662 of 1161 , � Network Monitoring,Statement of Work Version 1.12 The event types are based on the defined levels as follows: Appendix A Engagement Matrix Severity Severity Definition Engagement Times Level 1 This is defined as a critical/major incident Response provided 24 hours, 7 that causes the system and/or days a week, including US infrastructure to experience a loss of call Holidays. processing functionality and no work- around or immediate solution is available. The following are examples of this kind of failure: 0 33% of call processing resources impaired o Remote Site/sub-system severed o Site Environment alarms: o Smoke o Unauthorized access o Temperature o Power failure 2 This is defined as a moderate/minor Response provided 8 x 5 on incident that causes the system to operate standard business days, which is with a continuous reduction in capacity or normally Monday through Friday functionality of core services (core services 8AM to 5PM, excluding US include, voice, data or network Holidays. management). The following are examples of this kind of failure: o Less than 33% of call processing resources impaired o Failure of a single redundant component 3 This is defined as a minor issue, which has Response provided 8 x 5 on little or no impact on the functionality, standard business days, which is efficiency or usability of core services. The normally Monday through Friday following are examples of this kind of 8AM to 5PM, excluding US severity: Holidays. Approved by Motorola Solutions LGA&C 11/12/2014 ©Motorola 2015 17 Page 663 of 1161 , � Network Monitoring,Statement of Work Version 1.12 o Faults that have no impact in how the user perceives the system to work o Intermittent issues o Requests for information o Preventive Maintenance or upgrade related work Connectivity Matrix Request connectivity 8 weeks in advance of service start date System Type Connectivity Set up and Maintenance ASTROS 25 Internet VPN Motorola ASTROS 25 T1 Motorola Motorola Owned & Supplied Equipment Table Equipment Type Location Installed Firewall/Router Master Site Service Delivery Management Server Master Site for each Zone Approved by Motorola Solutions LGA&C 11/12/2014 ©Motorola 2015 18 Page 664 of 1161 , � Network Monitoring,Statement of Work Version 1.12 Monitored Elements Table Master Site Infrastructure RF Site Equipment Dispatch Site Equipment Servers & Back up Servers Channels Consoles MOSCAD (digital inputs & MOSCAD (digital AIS Servers RS232 serial alarms) inputs & RS232 serial alarms) TRAK RF Site Operator Position (OP) Communication Path Core LAN Switch Switch Motorola Gold Elite Gateway (MGEG) Packet Data Gateway (PDG) Site Controller Call Processor Radio Network Gateway Router Logging Replay Station (RNG) (only within the RNI) Zone Database Server(ZDS) Site Ambassador(AMB) Gateway Router Gateway Router Client Station Controller-Zone & Domain Network Time Voice Processing Module Protocol ;(NTP) (VPM) Firewall Manager Servers Firewall MCC 7500 IP Logging Recorders Air Traffic Router(ATR) SmartX Site MCC 7100 (only within the Converter (only the RNI) converter, not the legacy sites) Unified Event Manager (UEM) Zone Statistical Server (ZSS) Install Server 'Some or all of the above equipment may be monitored depending on system configuration and need. Other equipment(not listed)may be monitored as an option, consult with your Customer Support Manager for details. Approved by Motorola Solutions LGA&C 11/12/2014 ©Motorola 2015 19 Page 665 of 1161 Technical Support Overview Motorola's Technical Support service provides telephone consultation for technical issues that require a high level of ASTRO network expertise and troubleshooting capabilities. Remote Technical Support is delivered through the Motorola System Support Center (SSC) by a staff of technical support specialists skilled in diagnosis and swift resolution of infrastructure performance and operational issues. Technical Support provides access to a solutions database, as well as access to in house test labs and additional Motorola technical resources Motorola applies industry best practices in recording, monitoring, escalating and reporting for Technical Support calls from its contracted customers, reflecting the importance of maintaining mission critical systems. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Technical Support Services Motorola's System Support Center (SSC) will provide technical support to assist the customer's technical resources of the Motorola's currently supported infrastructure. This team of highly skilled professionals is available to the customer as an integrated part of the support and technical issue resolution process. The SSC remotely supports the customer and works with but not limited to fault diagnostics tools, simulation networks and fault database search engines. The Technical Support Operations is available 24 hours a day; 7 days per week to support technical requests (see severity level response time commitments). Calls requiring incidents, problems, or service requests will be logged in Motorola's issue management system. This ensures that technical issues are prioritized, updated, tracked and escalated as necessary, until resolution. The Technical Support Operations shall assign the priority level as in accordance with the agreed Severity Level Definitions stated in this document. Motorola will track the progress of each case from initial logging to resolution. Motorola will ensure that the customer is advised of the case progress and informed of tasks that require further investigation and assistance from the customer's technical resources The provision of this service requires that the customer provides a suitably trained technical resource that delivers maintenance and support to the system, and who is familiar with the operation of that system. Motorola provides technical consultants to support the local resource in the timely closure of infrastructure, performance and operational issues. 1.1 Scope Technical Support service is available 24 hours a day, 7 days a week based on Severity Level Definitions. 1.2 Geographic Availability Technical Support is available to any customer regardless of their geographic location and timeframes are based on the customer's local time zone. 20 Page 666 of 1161 1.3 Inclusions Technical Support service will be delivered on Motorola sold infrastructure including integrated 3 d party products. 1.4 Limitations and Exclusions The following activities are outside the scope of the Technical Support service, but are optional services that are available to remote Technical Support customers at an additional cost: 1.4.1 Emergency on-site visits required to resolve technical issues that cannot be resolved by with SSC working remotely with the local customer technical resource. 1.4.2 Third party support for equipment not sold by Motorola as part of the original system. 1.4.3 System installations, upgrades, and expansions. 1.4.4 Customer training. 1.4.5 Hardware repair and/or exchange. 1.4.6 Network security services. 1.4.7 Network transport. 1.4.8 Information Assurance. 1.4.9 Motorola services not included in this statement of work. 1.4.10 Any technical support required as a result of a virus or unwanted intrusion is excluded if the system is not protected against these security threats by Motorola's Pre-tested Security Update Service when applicable. 1.5 Motorola has the following responsibilities: 1.5.1 Enable customer access to the Motorola Technical Support Center (800-221- 7144), 24 hours a day, 7 days per week, to answer, document and respond to requests for support. 1.5.2 Respond to requests for Technical Support in accordance with the response times set forth in the Severity Level Response Time Commitments section of this document and the severity level defined in the Severity Level Definitions section of this document. 1.5.3 Advise caller of procedure for determining any additional requirements, activities or information relating to issue restoration and/or characterization. 1.5.4 Maintain communication with the customer in the field as needed until resolution of the case 1.5.5 Coordinate technical resolutions with agreed upon third party vendors, as needed. 1.5.6 Escalate and manage support issues, including systemic issues, to additional Motorola technical resources, as applicable. 1.5.7 Escalate the case to the appropriate party upon expiration of a response time. 21 Page 667 of 1161 1.5.8 Determine, in its sole discretion, when a case requires more than the Technical Support services described in this SOW and notify customer of an alternative course of action. 1.6 The Customer has the following responsibilities: 1.6.1 Provide Motorola with pre-defined information prior to contract start date necessary to complete Customer Support Plan (CSP). 1.6.2 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager (CSM). 1.6.3 Contact the SSC in order to engage the Technical Support service, providing the necessary information for proper entitlement services. Including but not limited to the name of contact, name of customer, system ID number, site(s) in question, and brief description of the problem including pertinent information for initial issue characterization. 1.6.4 Maintain suitable trained technical resources that provide field maintenance and technical maintenance services to the system, and who are familiar with the operation of that system. 1.6.5 Provide SSC access via the remote connection that has been established through other sold services (e.g. Network Fault Monitoring) 1.6.6 Supply suitably skilled and trained on-site presence when requested by the SSC. 1.6.7 Validate issue resolution prior to close of the case in a timely manner. 1.6.8 Acknowledge that cases will be handled in accordance with the times and priorities as defined in the Severity Level Definitions and in the Severity Level Response Time Commitments section in this document. 1.6.9 Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the Technical Support service. 22 Page 668 of 1161 1.7 Severity Level Definitions The following severity level definitions will be used to determine the maximum response times: Severity Level Severity Definition Severity 1 This is defined as a failure that causes the system and/or infrastructure a loss of voice functionality and no work-around or immediate solution is available. The following are examples of this kind of failure: • 33% of call processing resources impaired + Site Environment alarms: o Smoke, o Unauthorized access o Temperature o Power failure Severity 2 This is defined as a fault that causes the system to operate with a continuous reduction in capacity or functionality of core services (core services include, voice, data or network management). The following are examples of this kind of failure: • Less than 33% of call processing resources impaired • Failure of a sin le redundant component.. Severity 3 This its defined as a fault which reduces the functionality, efficiency or usability of i core services (voice, data and network management) and there is a viable work- around in place. The following are examples of this kind of severity: • Intermittent faults that are infrequent and minor impact to core services • Statistical reporting problems Severity 4 This is defined as a minor issue, which has little or no impact on the functionality, efficiency or usability of core services. The following are examples of this kind of severity: • Faults resulting in minor functions or features being unsupported or unreliable in ways that are not noticeable to the user. • Faults that have no impact in how the user perceives the system to work. • Cosmetic issues. • Requests for information. • Preventive Maintenance 23 Page 669 of 1161 2.1 Severity Level Response Time Commitments The response times are based on the defined severity levels as follows: Severity Level Response Time Severity 1( A Motorola SSC Technician will make contact with the customer technical((f representative within one hour of the request for support being logged in the issue management system. Continual effort will be maintained to restore the system or providea workaround resolution. Responses! provided 24 x 7. Severity 2 A Motorola SSC Technician will make contact with the customer technical representative within four hours of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. Severity 3 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support" being logged at the issue management system. Response provided 8 x 5' on standard business days, which is normally Monday through ;Friday; 8AM to 5PM, excluding US"Holidays. Severity 4 A Motorola SSC Technician will make contact with the customer technical representative within the next business day of the request for support being logged at the issue management system. Response provided 8 x 5 on standard business days, which is normally Monday through Friday 8AM to 5PM, excluding US Holidays. 24 Page 670 of 1161 ��{���LI Infrastructure Repair w/Advanced Replacement,Statement of Work " Version 1.8 Infrastructure Repair with Advanced Replacement Overview Infrastructure Repair with Advanced Replacement is a repair exchange service for Motorola and select third party infrastructure supplied by Motorola. When available, Motorola will provide customer with an advanced replacement unit(s) or Field Replacement Units (FRU's) in exchange for customer's malfunctioning equipment. Malfunctioning equipment will be evaluated and repaired by the infrastructure repair depot and returned to depot's FRU inventory upon completion of repair. For customers who prefer to maintain their existing FRU inventory they have an option to request a "Loaner" FRU while their unit is being repaired. Refer to Appendix A for details on the loaner process. The Motorola authorized repair depot manages and performs the repair of Motorola supplied equipment as well as coordinating the equipment repair logistics process. The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. 1.0 Description of Services Infrastructure components are repaired at a Motorola authorized Infrastructure Depot Operations (IDO). At Motorola's discretion, select third party infrastructure may be sent to the original equipment manufacturer or third party vendor for repair. 1.1 Scope Repair authorizations are obtained by contacting the Solutions Support Center which is available 24 hours a day, 7 days a week. Repair authorizations can also be obtained online via Motorola Online at under Repair Status/Submit Infrastructure RA. Motorola Online: https:Hbusinessonline.motorolasolutions.com 1.2 Geographic Availability Infrastructure repair with advanced replacement is supported globally; geographic proximity and type of infrastructure will determine the repair facility. 1.3 Inclusions Infrastructure repair with advanced replacement is available on Motorola sold infrastructure including integrated 3rd party products. Motorola will make a "Commercially Reasonable Effort" to repair Motorola manufactured infrastructure products for seven (7) years after product cancellation. 1.4 Exclusions If infrastructure is no longer supported by Motorola, the original equipment manufacturer or a third party vendor, Motorola may return said equipment to the customer without repair or replacement. The following items are excluded from Infrastructure Repair with Advanced Replacement: 1.4.1 All Motorola infrastructure hardware over seven (7) years from product cancellation date. 1.4.2. All third party infrastructure hardware over three (3) years from product cancellation date. 1.4.3 All broadband infrastructure three (3) years from product cancellation date 1.4.4 Physically damaged infrastructure. 1.4.5 Third party equipment not shipped by Motorola. Approved by Motorola Contracts ©Motorola 2013 and Compliance September 2013 25 Page 671 of 1161 ��{���LI Infrastructure Repair w/Advanced Replacement,Statement of Work " Version 1.8 1.4.6 Consumable items including, but not limited to, batteries, connectors, cables, toner/ink cartridges, tower lighting, laptop computers, monitors, keyboards and mouse. 1.4.7 Video retrieval from digital in-car video equipment. 1.4.8 Infrastructure backhaul including but not limited to, antennas, antenna dehydrators, microwave', line boosters, amplifier, data talker wireless transmitter, short haul modems and UPS.' 1.4.9 Test equipment. 1.4.10. Racks, furniture and cabinets. 1.4.11. Non-standard configurations, customer-modified infrastructure and certain third party infrastructure are excluded from advanced replacement service. 1.4.11. Firmware and/or software upgrades. Excluded from service agreements but may be repaired on an above contract,time and material basis.All UPS Systems must be shipped to IDO for repair.Excludes batteries and any on-site services. 1.5 Motorola has the following responsibilities: 1.5.1 Enable customer access to the Motorola call center which is operational 24 hours a day, 7 days per week, to create requests for advanced replacement service. 1.5.2. Use commercially reasonable efforts to maintain FRU inventory on supported platforms. 1.5.3. Provide new or reconditioned FRU's to the customer, upon request and subject to availability. The FRU will be of similar equipment and version, and will contain equivalent boards and chips, as the customer's malfunctioning FRU. 1.5.4. Load firmware/software for equipment that requires programming. The software version information must be provided for the replacement FRU to be programmed accordingly. If the customer software version/configuration is not provided, shipping times will be delayed. 1.5.5 Package and ship Advance Exchange FRU from the FRU inventory to customer specified address. 1.5.5.1. During normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays, FRU will be shipped from Motorola as soon as possible dependent upon stock availability and configuration requested. Motorola will pay for the shipping to the customer, unless customer requests shipments outside of standard business hours and/or carrier programs, such as weekend or next flight out (NFO) shipment. In such cases, customer will be responsible for shipping and handling charges. 1.5.5.2. When sending the advanced replacement FRU to customer, provide a return air bill in order for customer to return the customer's malfunctioning FRU. The customer's malfunctioning FRU will become property of the Motorola repair depot or select third party and the customer will own the advanced replacement FRU. 1.5.5.3. When sending a loaner FRU to customer, Motorola will pay for outbound shipping charges. Inbound shipping to Motorola for repair is the responsibility of the customer. Motorola will repair and return the customer's FRU and will provide a return air bill for the customer to return IDO's loaner FRU. Refer to Appendix A for the loaner process and Appendix B for shipping charge detail. 1.5.6. Provide repair return authorization number upon customer request for Infrastructure that is not classified as an advanced replacement or loaner FRU. Approved by Motorola Contracts ©Motorola 2013 and Compliance September 2013 26 Page 672 of 1161 ��{���LI Infrastructure Repair w/Advanced Replacement,Statement of Work " Version 1.8 1.5.7. Provide a repair Return Authorization (RA) number so that the returned FRU can be repaired and returned to FRU stock. 1.5.8. Receive malfunctioning FRU from Customer, carry out repairs and testing and return it to the FRU stock 1.5.9. Receive malfunctioning infrastructure from customer and document its arrival, repair and return. 1.5.10. Perform the following service on Motorola infrastructure: 1.5.10.1. Perform an operational check on the infrastructure to determine the nature of the problem. 1.5.10.2. Replace malfunctioning Field Replacement Units (FRU) or components. 1.5.10.3. Verify that Motorola infrastructure is returned to Motorola manufactured specifications, as applicable 1.5.10.4. Perform a box unit test on all serviced infrastructure. 1.5.10.5. Perform a system test on select infrastructure. 1.5.11. Provide the following service on select third party infrastructure: 1.5.11.1. Perform pre-diagnostic and repair services to confirm infrastructure malfunction and eliminate sending infrastructure with no trouble found (NTF) to third party vendor for repair, when applicable. 1.5.11.2. Ship malfunctioning infrastructure components to the original equipment manufacturer or third party vendor for repair service, when applicable. 1.5.11.3. Track infrastructure sent to the original equipment manufacturer or third party vendor for service. 1.5.11.4. Perform a post-test after repair by Motorola, to confirm malfunctioning infrastructure has been repaired and functions properly in a Motorola system configuration, when applicable. 1.5.12. For loaner equipment, Motorola will ship repaired infrastructure to the customer specified address during normal operating hours of Monday through Friday 7:00am to 7:00pm CST, excluding holidays. FRU will be sent two-day air unless otherwise requested. Motorola will pay for such shipping, unless customer requests shipments outside of the above mentioned standard business hours and/or carrier programs, such as NFO (next flight out). In such cases, customer will be responsible for payment of shipping and handling charges. 1.6 The Customer has the following responsibilities: 1.6.1 Contact or instruct Servicer to contact the Motorola Solutions Support Center (SSC) and request a return authorization number prior to shipping malfunctioning infrastructure or third party infrastructure named in the applicable attached exhibit. 1.6.2 Provide model description, model number and serial number, type of system and firmware version, software options, symptom of problem and address of site id for FRU or infrastructure. 1.6.3 Indicate if FRU or third party FRU being sent in for service was subjected to physical damage or lightning damage. Approved by Motorola Contracts ©Motorola 2013 and Compliance September 2013 27 Page 673 of 1161 ��{���LI Infrastructure Repair w/Advanced Replacement,Statement of Work " Version 1.8 1.6.4 Follow Motorola instructions regarding inclusion or removal of firmware and software applications from infrastructure being sent in for service. 1.6.5 Provide customer purchase order number to secure payment for any costs described herein. 1.6.6. Pay for shipping of Advanced Replacement or Loaner FRU from Motorola repair depot if customer requested shipping outside of standard business hours or carrier programs set forth in section 1.5.5.1. See Appendix B for shipping charges. 1.6.7. Properly package and ship the malfunctioning FRU using the pre-paid air-bill that arrived with the advanced replacement FRU. Customer is responsible for properly packaging the malfunctioning infrastructure FRU to ensure that the shipped infrastructure arrives un-damaged and in repairable condition. Customer will be subject to a replacement fee for malfunctioning FRU's not properly returned. 1.6.8. Within five (5) business days of receipt of the advanced replacement FRU from Motorola's FRU inventory, properly package customer's malfunctioning FRU and ship the malfunctioning Infrastructure to Motorola's repair depot for evaluation and repair. Customer must send the return air bill back to the repair depot in order to ensure proper tracking of the returned infrastructure. Customer will be subject to a full replacement fee for FRU's not returned within 5 business days. 1.6.9. For Infrastructure and/or third party infrastructure repairs that are not exchanged in advance, properly package Infrastructure and ship the malfunctioning FRU, at Customer's expense and risk of loss to Motorola. 1.6.10. Clearly print the return authorization number on the outside of the packaging. 1.6.11. Maintain information of software/applications and firmware for re-loading of infrastructure. 1.6.12. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the infrastructure repair services to customer. Approved by Motorola Contracts ©Motorola 2013 and Compliance September 2013 28 Page 674 of 1161 ��{���LI Infrastructure Repair w/Advanced Replacement,Statement of Work Version 1.8 APPENDIX A Advanced Exchange or Loaner Decision Process "t 16%1� .71rp#�afr�rC Customer �t�,�s <.,'aa,tit,,, ! Receives Advanced Replacement: ; i i� o you want your on ina No (' Request an Advanced equipment repaired and Exchange,Receive an RMA returnedtoyou? # &a FRU will be shipped (LOANER) to customer as soon as possible. Yes }>3m"s'tvner request a Loaner tAU.The SSC will provide 2 RMA numbers and will ship a loaner FRU. Motorolawill repair FRUand E Customer to ship the FRU that ship to customer designated requires repair to the address location �l provided by SSC rep. Customer responsible for shipping charges I to Motorola Customer will remove the loaner FRU from the system sand replace with their original {repalred FRU. Approved by Motorola Contracts ©Motorola 2013 and Compliance September 2013 29 Page 675 of 1161 ��{���LI Infrastructure Repair w/Advanced Replacement,Statement of Work Version 1.8 APPENDIX B Shipping Charges IJ S t r Motorola � t'I'Itg,1�t Customer { r t oc�r crrtr* r,�' Customer �D�ltb��r�d 1k�a.� tatrirner,<� Motorola t '���l�b�a�trrd tet`+�IutQ�rler� Motorola {, Customer s 'rt t f s r 'coni fFar P: ut�ra ` Motorola Customer *Motorola shipping carriers— FedEx and DHL Approved by Motorola Contracts ©Motorola 2013 and Compliance September 2013 30 Page 676 of 1161 1`- ASTRO Security Update Service Statement of Work MOTOROLA M074DAVCPLA SOLUTIONS Security Update Service Overview To verify compatibility with your ASTRO system, Motorola Solutions, Inc.'s ("Motorola") Security Update Service (SUS) provides pre-tested 3rd party software (SW) security updates. This service was formerly called Pre-tested Software Subscription (PTSS). Additionally, SUS Platinum has been eliminated. The additional SUS Platinum features have been merged into this one SUS offering. This Statement of Work ("SOW") is subject to the terms and conditions of Motorola's Professional Services Agreement, Service Agreement or other applicable agreement in effect between the parties ("Agreement"). Motorola and Customer may be referred to herein individually as a "Party or together as "Parties." 1.0 Description of Security Update Services Motorola shall maintain a dedicated vetting lab for each supported ASTRO release for the purpose of pre-testing security updates. In some cases, when appropriate, Motorola will make the updates available to outside vendors, allow them to test, and then incorporate those results into this offering. Depending on the specific ASTRO release and customer options, these may include updates to antivirus definitions, OEM vendor supported Windows Workstation and Server, Solaris and RedHat Linux (RHEL) operating system patches, VMware ESXi Hypervisor patches, Oracle database patches, PostgreSQL patches, and patches for other 3rd party Windows applications such as Adobe Acrobat and Flash. Motorola has no control over the schedule of releases. The schedule for the releases of updates is determined by the Original Equipment Manufacturers (OEMs), without consultation with Motorola. Antivirus definitions are released every week. Microsoft patches are released on a monthly basis. Motorola obtains and tests these updates as they are released. Other products have different schedules or are released "as-required." Motorola will obtain and test these updates on a quarterly basis. SUS (Self- Installed) is the baseline offer. Sections describing the optional delivery methods and reboot support service are only applicable if purchased. Motorola Solutions,Inc.Confidential Proprietary ©Motorola Solutions, Inc. 2017 31 Page 677 of 1161 1`- ASTRO Security Update Service Statement of Work 1, < MOTOROLA SUS Delivery Methods Patch Delivery Method Download Installation Reboot Support Responsibility Responsibility SUS (Self-Installed ) Customer Customer *Option *Option Remote SUS On-Site Delivery of SUS Included Packages for L & M Cores SLIS On-Site Reboot Packages (Self Installed) RSUS DelSUS ivery of Support Essential /+ V/ Optional Advanced /+ V/ V/ Optional Optional Premier V/ V/ Optional Included SUS Once tested, Motorola will post the updates to a secured extranet website and send an email notification to the customer. If there are any recommended configuration changes, warnings, or workarounds, Motorola will provide detailed documentation along with the updates on the website.The customer will be responsible for the download and deployment of these updates to their ASTRO System. Motorola Solutions,Inc.Confidential Proprietary ©Motorola Solutions, Inc. 2017 32 Page 678 of 1161 1`- ASTRO Security Update Service Statement of Work MOTOROLA Remote Delivery of SUS (RSUS) Remote Delivery of SUS. Motorola's dedicated staff remotely installs the required security updates and operating system patches onto your radio network. Vulnerabilities from third party software are addressed as soon as the validation of recommended patches is completed. Motorola will also provide reports outlining updates made for your team's review and awareness. Patch transfers are transparent to the end user. After the patches are transferred, a report is sent out to inform our customers which machines they will need to reboot the appropriate devices to enable the new patches and antivirus definitions. Reboot Support Delivery of SUS/RSUS This optional enhancement provides support for rebooting impacted servers and workstations after the patches have been downloaded/pushed and installed. Once installation is complete, Motorola will deploy trained technicians to reboot servers and workstations at the customer locations. ON-SITE Delivery of SUS For convenience, a trained technician will be contacted to provide the complete patching service. At the customer location, the technician will download patches, perform the required installation services and coordinate the rebooting of servers and dispatch ops. 2.0 Scope Security Update Service supports the currently shipping Motorola ASTRO System Release (SR) and strives to support 4 releases prior. Motorola reserves the right to adjust which releases are supported as business conditions dictate. Contact your Customer Service Manager for the latest supported releases. SUS is available for any L or M core system in a supported release. Systems that have non-standard configurations that have not been certified by Motorola Systems Integration and Testing (SIT) are specifically excluded from this Service unless otherwise agreed in writing by Motorola. Service does not include pre-tested intrusion detection system (IDS) updates for IDS solutions. Certain consoles, MOTOBRIDGE, MARVLIS, Symbol Equipment, AirDefense Equipment, AVL, and Radio Site Security products are also excluded. Motorola will determine, in its sole discretion, the third party software that is supported as a part of this offering. Antivirus updates- Antivirus updates are released weekly. The target release for these Motorola Solutions,Inc.Confidential Proprietary ©Motorola Solutions, Inc. 2017 Page 679 of 1161 1`- ASTRO Security Update Service Statement of Work 1, < MOTOROLA updates is by close of business each Tuesday. While the release often occurs early, this is the time and date committed to by vetting. Windows - Updates are downloaded on Microsoft Patch Tuesday (2nd Tuesday of the month). Updates are incorporated, tested and vetted in the Windows Motopatch disk over the next few weeks. The target release is by the last day of the month. Windows 3rd Party updates - for Adobe Reader and Adobe Flash are included on the standard Motopatch for Windows disk and follow the Windows patching schedule. RHEL- Security updates are downloaded the last week of the first month of the quarter. Updates include any updates that are available at that time. We then prepare, test and vet the RHEL 5, and RHEL 6, Motopatch disks and target to release the disks by the last day of the quarter. VMware- Security updates are downloaded the last week of the first month of the quarter for ESXi. These updates are downloaded from HP directly. The updates are incorporated into the Motopatch for ESXi disk. We then prepare, test and vet the ESXi Motopatch and target to release the disk by the last day of the quarter. PostgreSQL*- Security updates are downloaded the last week of the first month of the quarter. Whatever updates that are available at that time are used. The disk is then prepared, tested and vetted. The Motopatch for PostgreSQL disk target release is by the last day of the quarter. *7.14 and later major releases McAfee Patch Updates - Security patches are downloaded from McAfee the last week of the first month of the quarter. Whatever updates that are available at that time are used. The disk is then prepared, tested and vetted. The Motopatch for McAfee disk target release is by the last day of the quarter. DOT HILL DAS Firmware disk- Security patches are downloaded from DOT HILL the last week of the first month of the quarter. Whatever updates that are available at that time are used. The disk is then prepared, tested and vetted. The disk target release is by the last day of the quarter. 3.0 Motorola has the following responsibilities: 3.1 Obtain relevant 3rd party security updates as made available and supported from the OEM's. This includes antivirus definition, OEM vendor available/supported operating systems patches, VMWare patches, database patches, and selected other 3rd party patches.covered by SUS. Motorola does not control when these updates are released, but current release schedules are listed for reference: McAfee Antivirus definitions—Weekly Microsoft PC and Server OS patches— Monthly Motorola Solutions,Inc.Confidential Proprietary ©Motorola Solutions, Inc. 2017 34 Page 680 of 1161 1`- ASTRO Security Update Service Statement of Work 1, < MOTOROLA Solaris, RHEL OS, VMware hypervisor patches—Quarterly Other 3rd party patches- Quarterly 3.2 Each assessment will consist of no less than 36 hours of examination time to evaluate the impact each update has on the system. 3.3 Testing of updates to verify whether they degrade or compromise system functionality on a dedicated ASTRO test system with standard supported configurations. 3.4 Address any issues identified during testing by working with Motorola selected commercial supplier and/or Motorola product development engineering team. If a solution for the identified issues cannot be found, the patch will not be posted on Motorola's site. 3.5 Pre-test STIG recommended remediation when applicable. 3.6 Release all tested updates to Motorola's secure extranet site. 3.7 Include documentation for installation, recommended configuration changes, and identified issues and remediation for each update release. 3.8 Include printable labels for customers who download the updates to CD's. 3.9 Notify customer of update releases by email. 3.10 A supported SUS ASTRO release matrix will be kept on the extranet site for reference. 4.0 The Customer has the following responsibilities: 4.1 Provide Motorola with pre-defined information prior to contract start date necessary to complete a Customer Support Plan (CSP). 4.2 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager(CSM). 4.3 Provide means for accessing pre-tested files (Access to the extranet website). 4.4 Deploy pre-tested files to the customer system as instructed in the "Read Me"text provided. 4.5 Implement recommended remediation(s) on customer system, as determined necessary by customer. 4.6 Upgrade system to a supported system release as necessary to continue service. 4.7 Adhere closely to the System Support Center (SSC) troubleshooting guidelines provided upon system acquisition. A failure to follow SSC guidelines may cause the customer and Motorola unnecessary or overly burdensome remediation efforts. In such case, Motorola reserves the right to charge an additional service fee for the remediation effort. 4.8 Comply with the terms of the applicable license agreement between the customer Motorola Solutions,Inc.Confidential Proprietary ©Motorola Solutions, Inc. 2017 Page 681 of 1161 1`- ASTRO Security Update Service Statement of Work i, < MOTOROLA and the non-Motorola software copyright owner. 5.0 Disclaimer: Motorola disclaims any and all warranties with respect to pre-tested antivirus definitions, database security updates, hypervisor patches, operating system software patches, intrusion detection sensor signature files, or other 3rd party files, express or implied. Further, Motorola disclaims any warranty concerning the non-Motorola software and does not guarantee that customer's system will be error-free or immune to security breaches as a result of these services. Motorola Solutions,Inc.Confidential Proprietary ©Motorola Solutions, Inc. 2017 36 Page 682 of 1161 Security Monitoring Service Overview Motorola's Security Monitoring Services includes anti-malware monitoring and authentication log monitoring. There are also options for firewall monitoring, intrusion detection system (IDS) monitoring, and ASTRO system log monitoring. Motorola's ASTRO Security Monitoring is a complete solution that provides peace of mind and reduces the risk that your network availability will be impacted by a security threat. The solution includes 24x7x365 monitoring of the radio network security elements by experienced, specialized security technologists with years of experience working with ASTRO mission-critical networks. For highly complex or unusual security events, our technologists have direct and immediate access to Motorola engineers for rapid resolution. This Statement of Work ("SOW") is subject to the terms and conditions of Motorola's Professional Services Agreement, Service Agreement or other applicable agreement in effect between the parties ("Agreement"). Motorola and Customer may be referred to herein individually as a "Party" or together as "Parties" 1. Description of Security Monitoring Services 1.1. Anti-malware Monitoring ASTRO comes installed with Anti-malware SW. Security Monitoring will ensure that malware definition updates, as provided by the Anti-malware OEM, are installed and running. The anti-malware SW is monitored for activity such as deletion, quarantine, and alerting of suspicious SW. 1.2. Authentication Monitoring 1.2.1. Windows and RSA logins are monitored for repeated failures and locked accounts. 1.3. Firewall Monitoring — The ASTRO system potentially has several firewall options. See Table 1 in the addendum for a list. In any of these firewall applications, Motorola provisions and deploys the firewalls with the ASTRO system. Motorola will monitor each one that has the firewall monitoring option. 1.4. IDS (Intrusion Detection System) Monitoring. An IDS is an option to ASTRO that may be deployed between the ASTRO firewall and the CEN. 1.5. Centralized Log Monitoring ASTRO has an option that provides the ability to forward device syslogs to a single virtual server called Centralized Syslog Server. This allows monitoring of Linux components for authentication events. 2. Scope The Motorola Secure Operations Center (SOC) consists of highly trained and experienced security professionals. When an event is detected, the technologists will run remote diagnostics and initiate an appropriate response. This response could include, but is not limited to, continuing to monitor the event for further development, attempting to remotely restore the system, or opening of a case for dispatch of a servicer. 37 Page 683 of 1161 3. Motorola Responsibilities: 3.1. Provide, maintain, and replace when necessary, HW and SW required to monitor ASTRO security elements. HW may include a firewall, router, or physical server. SW may include virtual servers either on the ASTRO core or a separate physical server, related OS, SIEM collectors, and SW that allows distribution of updates and remote diagnostics. 3.2. Verify connectivity and monitoring is active prior to system acceptance or start date. 3.3. Coordinate with customer to maintain Motorola service authentication credentials. 3.4. Maintain properly trained and accredited technicians. Monitor the customer's system 24/7/365 for malicious or unusual activity. 3.5. Reports are posted to the SSC quality webpage. Contact your CSM for access. 4. The Customer has the following responsibilities: 4.1. Security Monitoring requires a connection from the customer's ASTRO system to Motorola's SOC in Schaumburg. Motorola offers either a T1 option or a Virtual Private Network (VPN) option through a customer supplied internet connection. Connectivity needs to be established before service commences. 4.2. Allow Motorola continuous remote access to monitor the ASTRO system. This includes keeping the connection plugged-in, providing passwords, and working with Motorola to understand and maintain proper administration privileges. 4.3. Provide continuous utility service to any Motorola equipment installed or utilized at the customer's premises to support delivery of this service. 4.4. Provide customer contact information necessary to complete the Customer Support Plan. Notify your CSM within 2 weeks of any contact changes. 4.5. As necessary, upgrade the ASTRO system to supported releases. 4.6. Allow Motorola dispatched-servicers physical access to the equipment when required. 4.7. Comply with the terms of the applicable license agreements between customer and the non-Motorola software copyright owners. 4.8. Cooperate with Motorola and perform all acts that are reasonable or necessary to enable Motorola to provide the services described in this SOW. 5. Disclaimer Motorola disclaims any warranty and does not guarantee that customer's system will be error-free or immune to security breaches as a result of these services. 38 Page 684 of 1161 Addendum Potential ASTRO Firewalls CNI Customer Network Interface. This firewall separates the ASTRO Radio Network from the customer's IT network (often referred to as the CEN or Customer Enterprise network). There are single and redundant (high- availability) options for the CNI, the redundant option meaning there are two firewalls. Both firewalls must be monitored in the redundant case. DSR Dynamic System Resilience. This is an ASTRO option where a geographically separated backup master site is implemented as a "hot- standby" in case of disaster at the primary. This option potentially doubles the number of firewalls in the system. ZCP Zone Core Protection. This ASTRO option places firewalls at the master site where the RF and console sites connect. This protects the core from attack from a compromised site and propagation of the attack to the other sites. There are always 2 firewalls in this option for redundancy. TI Telephone Interconnect. This ASTRO option allows calls to be made to/from ASTRO subscribers. A firewall is required to protect the RNI from the telephone connection. One firewall may serve the dual purpose of the TI and ISSI interface. ISSI Inter RF Subsystem Interface. This option allows connectivity to a separate system. The original intent of this option was to connect to another P25 system that could be Motorola or any other P25 compliant vendor. This standard has since been used to allow connection to non- P25 systems through additional interfaces such as WAVE. In any case, a firewall is necessary to protect the RNI from this connection. MCC 7100 The MCC 7100 dispatch console may be configured such that it can connect via Virtual Private Network (VPN) through an internet connection. A firewall is required to terminate on the ASTRO side of that connection. This firewall may be physically located at either a console site or the master site and there may be multiple firewalls for this purpose. Custom Some customers may opt to install their own firewalls and want them monitored. The most common location is at console sites. The customer will have to work with Motorola to determine if and how custom firewalls can be monitored. There may also be additional charges. 39 Page 685 of 1161 M40710JIVOL q SOLUTIONS Preventive Maintenance Annual Preventive Maintenance Statement of Work The terms and conditions of this Statement of Work (SOW) are an integral part of Motorola's Service Agreement or other applicable agreement to which it is attached and made a part thereof by this reference. Annual Preventative Maintenance will provide annual operational tests on the customer's infrastructure equipment (Infrastructure or Fixed Network Equipment or "FNE") to monitor the Infrastructure's conformance to specifications. 1.1 Scope Annual Preventive Maintenance will be performed during standard business hours (unless otherwise agreed to in writing). If the system or Customer requirements dictate this service must occur outside of standard business hours, an additional quotation will be provided. Customer is responsible for any charges associated with unusual access requirements or expenses. 1.2 Inclusions Annual Preventive Maintenance service will be delivered on Motorola sold infrastructure including integrated 3rd party products. 1.3 Limitations and Exclusions Unless specifically called out, the following activities are outside the scope of the Annual Preventive Maintenance service, however, can be included as optional services that are available to Annual Preventive Maintenance customers at an additional cost: 1.3.1. Emergency on-site visits required to resolve technical issues. 1.3.2. Third party support for equipment not sold by Motorola as part of the original system. 1.3.3.System installations, upgrades,and expansions. 1.3.4. Customer training. 1.3.5. Hardware repair and/or exchange. 1.3.6. Network security services. 1.3.7. Network transport. 1.3.8. Information Assurance. 1.3.9. Motorola services not included in this statement of work. 1.3.10.Any maintenance required as a result of a virus or unwanted intrusion is excluded if the system is not protected against these security threats by Motorola's Pre-tested Security Update Service when applicable. 1.3.11.Tower climbs,tower mapping analysis or tower structure analysis 1.4 Motorola has the following responsibilities: 1.4.1 Notify the customer of any planned system downtime needed to perform this Service. 1.4.2 Advise customer of issues that may require attention. ©Motorola Solutions 2016 Page 686 of 1161 M40710JIVOL q SOLUTIONS Preventive Maintenance 1.4.3 Maintain communication with the customer as needed until completion of the Annual Preventive Maintenance. 1.4.4 Determine, in its sole discretion, when a case requires more than the Annual Preventive Maintenance services described in this SOW and notify customer of an alternative course of action. 1.4.5 Provide customer with a report documenting system performance against expected parameters along with recommended actions. Time allotment for report completion TBD. 1.4.6 Provide trained and qualified personnel with proper security clearance required to complete Annual Preventive Maintenance service. 1.5 The Customer has the following responsibilities: 1.5.1 Provide preferred schedule for Annual Preventative Maintenance to Motorola. 1.5.2 Authorize and acknowledge any scheduled system downtime. 1.5.3 Maintain periodic backup of databases,software applications, and firmware. 1.5.4 Establish and maintain a suitable environment (heat, light,and power)for the equipment location and provide Motorola full,free,and safe access to the equipment so that Motorola may provide services.All sites shall be accessible by standard service vehicles. 1.5.5 Submit changes in any information supplied in the Customer Support Plan (CSP) to the Customer Support Manager(CSM). 1.5.6 Provide site escorts in a timely manner if required. 1.5.7 Provide Motorola with requirements necessary for access to secure facilities. 1.5.8 Obtain at Customer's cost all third party consents or licenses required to enable Motorola to provide the Service. 1.6 The Servicer has the following responsibilities: 1.6.1 Perform the Preventive Maintenance tasks at the level of service the customer has purchased. 1.6.2 Perform the Site Performance Verification Procedures for each site type on the system. 1.6.3 Provide required diagnostic/test equipment necessary to perform the Preventive Maintenance service. 1.6.4 As applicable, use the Method of Procedure (MOPS) as defined for each task. ©Motorola Solutions 2016 PagA87 of 1161 Boynton Beach Subscribers Qty Model Name Model Number Serial Number Model Type 1 APX6000 H98UCF9PW6AN 481CSH0930 Model 2.5 2 APX6000 H98UCF9PW6AN 481CSH0931 Model 2.5 3 APX6000 H98UCF9PW6AN 481CSH0932 Model 2.5 4 APX6000 H98UCF9PW6AN 481CSH0933 Model 2.5 5 APX6000 H98UCF9PW6AN 481CSH0934 Model 2.5 6 APX6000 H98UCF9PW6AN 481CSH0935 Model 2.5 7 APX6000 H98UCF9PW6AN 481CSH0936 Model 2.5 8 APX6000 H98UCF9PW6AN 481CSH0937 Model 2.5 9 APX6000 H98UCF9PW6AN 481CSH0938 Model 2.5 10 APX6000 H98UCF9PW6AN 481CSH0939 Model 2.5 11 APX6000 H98UCF9PW6AN 481CSH0940 Model 2.5 12 APX6000 H98UCF9PW6AN 481CSH0941 Model 2.5 13 APX6000 H98UCF9PW6AN 481CSH0942 Model 2.5 14 APX6000 H98UCF9PW6AN 481CSH0943 Model 2.5 15 APX6000 H98UCF9PW6AN 481CSH0944 Model 2.5 16 APX6000 H98UCF9PW6AN 481CSH0945 Model 2.5 17 APX6000 H98UCF9PW6AN 481CSH0946 Model 2.5 18 APX6000 H98UCF9PW6AN 481CSH0947 Model 2.5 19 APX6000 H98UCF9PW6AN 481CSH0948 Model 2.5 20 APX6000 H98UCF9PW6AN 481CSH0949 Model 2.5 21 APX6000 H98UCF9PW6AN 481CSH0950 Model 2.5 22 APX6000 H98UCF9PW6AN 481CSH0951 Model 2.5 23 APX6000 H98UCF9PW6AN 481CSH0952 Model 2.5 24 APX6000 H98UCF9PW6AN 481CSH0953 Model 2.5 25 APX6000 H98UCF9PW6AN 481CSH0954 Model 2.5 26 APX6000 H98UCF9PW6AN 481CSH0955 Model 2.5 27 APX6000 H98UCF9PW6AN 481CSH0956 Model 2.5 28 APX6000 H98UCF9PW6AN 481CSH0957 Model 2.5 29 APX6000 H98UCF9PW6AN 481CSH0958 Model 2.5 30 APX6000 H98UCF9PW6AN 481CSH0959 Model 2.5 31 APX6000 H98UCF9PW6AN 481CSH0960 Model 2.5 32 APX6000 H98UCF9PW6AN 481CSH0961 Model 2.5 33 APX6000 H98UCF9PW6AN 481CSH0962 Model 2.5 34 APX6000 H98UCF9PW6AN 481CSH0963 Model 2.5 35 APX6000 H98UCF9PW6AN 481CSH0964 Model 2.5 36 APX6000 H98UCF9PW6AN 481CSH0965 Model 2.5 37 APX6000 H98UCF9PW6AN 481CSH0966 Model 2.5 38 APX6000 H98UCF9PW6AN 481CSH0967 Model 2.5 39 APX6000 H98UCF9PW6AN 481CSH0968 Model 2.5 40 APX6000 H98UCF9PW6AN 481CSH0969 Model 2.5 41 APX6000 H98UCF9PW6AN 481CSH0970 Model 2.5 42 APX6000 H98UCF9PW6AN 481CSH0971 Model 2.5 Page*8 of 1161 43 APX6000 H98UCF9PW6AN 481CSH0972 Model 2.5 44 APX6000 H98UCF9PW6AN 481CSH0973 Model 2.5 45 APX6000 H98UCF9PW6AN 481CSH0974 Model 2.5 46 APX6000 H98UCF9PW6AN 481CSH0975 Model 2.5 47 APX6000 H98UCF9PW6AN 481CSH0976 Model 2.5 48 APX6000 H98UCF9PW6AN 481CSH0977 Model 2.5 49 APX6000 H98UCF9PW6AN 481CSH0978 Model 2.5 50 APX6000 H98UCF9PW6AN 481CSH0979 Model 2.5 51 APX6000 H98UCF9PW6AN 481CSH0980 Model 2.5 52 APX6000 H98UCF9PW6AN 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Mid Power 29 APX6500 M25URS9PWIAN 527CSF2321 Mid Power 30 APX6500 M25URS9PWIAN 527CSF2322 Mid Power 31 APX6500 M25URS9PWIAN 527CSF2323 Mid Power 32 APX6500 M25URS9PWIAN 527CSF2324 Mid Power 33 APX6500 M25URS9PWIAN 527CSF2325 Mid Power 34 APX6500 M25URS9PWIAN 527CSF2326 Mid Power 35 APX6500 M25URS9PWIAN 527CSF2327 Mid Power 36 APX6500 M25URS9PWIAN 527CSF2328 Mid Power 37 APX6500 M25URS9PWIAN 527CSF2329 Mid Power Page 695 of 1161 38 APX6500 M25URS9PWIAN 527CSF2330 Mid Power 39 APX6500 M25URS9PWIAN 527CSF2331 Mid Power 40 APX6500 M25URS9PWIAN 527CSF2332 Mid Power 41 APX6500 M25URS9PWIAN 527CSF2333 Mid Power 42 APX6500 M25URS9PWIAN 527CSF2334 Mid Power 43 APX6500 M25URS9PWIAN 527CSF2335 Mid Power 44 APX6500 M25URS9PWIAN 527CSF2336 Mid Power 45 APX6500 M25URS9PWIAN 527CSF2337 Mid Power 46 APX6500 M25URS9PWIAN 527CSF2338 Mid Power 47 APX6500 M25URS9PWIAN 527CSF2339 Mid Power 48 APX6500 M25URS9PWIAN 527CSF2380 Mid Power 49 APX6500 M25URS9PWIAN 527CSF2441 Mid Power 50 APX6500 M25URS9PWIAN 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527CSF2520 Mid Power 95 APX6500 M25URS9PWIAN 527CSF2521 Mid Power 96 APX6500 M25URS9PWIAN 527CSF2522 Mid Power 97 APX6500 M25URS9PWIAN 527CSF2523 Mid Power 98 APX6500 M25URS9PWIAN 527CSF2524 Mid Power 99 APX6500 M25URS9PWIAN 527CSF2525 Mid Power 100 APX6500 M25URS9PWIAN 527CSF2526 Mid Power 101 APX6500 M25URS9PWIAN 527CSF2527 Mid Power 102 APX6500 M25URS9PWIAN 527CSF2528 Mid Power 103 APX6500 M25URS9PWIAN 527CSF2529 Mid Power 104 APX6500 M25URS9PWIAN 527CSF2530 Mid Power 105 APX6500 M25URS9PWIAN 527CSF2531 Mid Power 106 APX6500 M25URS9PWIAN 527CSF2532 Mid Power 107 APX6500 M25URS9PWIAN 527CSF2533 Mid Power 108 APX6500 M25URS9PWIAN 527CSF2534 Mid Power 109 APX6500 M25URS9PWIAN 527CSF2535 Mid Power 110 APX6500 M25URS9PWIAN 527CSF2536 Mid Power 111 APX6500 M25URS9PWIAN 527CSF2537 Mid Power 112 APX6500 M25URS9PWIAN 527CSF2538 Mid Power 113 APX6500 M25URS9PWIAN 527CSF2539 Mid Power 114 APX6500 M25URS9PWIAN 527CSF2540 Mid Power 115 APX6500 M25URS9PWIAN 527CSF2541 Mid Power 116 APX6500 M25URS9PWIAN 527CSF2542 Mid Power 117 APX6500 M25URS9PWIAN 527CSF2543 Mid Power 118 APX6500 M25URS9PWIAN 527CSF2544 Mid Power 119 APX6500 M25URS9PWIAN 527CSF2545 Mid Power 120 APX6500 M25URS9PWIAN 527CSF2546 Mid Power 121 APX6500 M25URS9PWIAN 527CSF2547 Mid Power 122 APX6500 M25URS9PWIAN 527CSF2548 Mid Power 123 APX6500 M25URS9PWIAN 527CSF2549 Mid Power 124 APX6500 M25URS9PWIAN 527CSF2550 Mid Power 125 APX6500 M25URS9PWIAN 527CSF2551 Mid Power 126 APX6500 M25URS9PWIAN 527CSF2552 Mid Power 127 APX6500 M25URS9PWIAN 527CSF2553 Mid Power 128 APX6500 M25URS9PWIAN 527CSF2554 Mid Power 1 APX7500 L30URS9PWIAN 761CSF0163 Single Band 2 APX7500 L30URS9PWIAN 761CSF0164 Single Band Page�97 of 1161 3 APX7500 L30URS9PWIAN 761CSF0165 Single Band 4 APX7500 L30URS9PWIAN 761CSF0166 Single Band 5 APX7500 L30URS9PWIAN 761CSF0167 Single Band 6 APX7500 L30URS9PWIAN 761CSF0168 Single Band Page�698 of 1161 7.B. BIDS AND PURCHASES OVER$100,000 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-146-Approve the ranking as recommended by the Evaluation Committee and authorize the City Manager to sign an Agreement with Downs and St. Germain Research of Tallahassee, FL for RFP No. 026-2511-18/ITfor Public Opinion Survey Services. The Agreement shall be for a period of four (4) years commencing on the date the Agreement is awarded by the City Commission. The total cost over the agreement period is approximately $158,925, of which $47,925 has been included in the FY 18/19 approved budget. EXPLANATION OF REQUEST: Term of Agreement: Four (4) years from awarded date On July 23, 2018, the City opened and tabulated four (4) proposals to RFP#026-2511-18/IT for Public Opinion Surveying Services. This RFP was issued seeking the services of a qualified and experienced firm to provide public opinion surveying services and interactive focus group services for a term of four (4) years. On August 8, 2018, in a public noticed evaluation meeting, the Selection Committee, comprised of City Staff, revealed and discussed their independent scores for each of the proposals based upon the evaluation criteria described in the RFP. The scores were tabulated by Purchasing Services to arrive at the final score for each firm and the final overall ranking. The Committee ranked the proposals as follows: Rank 1: Downs & St. Germain Research Rank 2: ETC Institute Rank 3: Institute for Building Technology and Safety Rank 4: EMC Research The Committee's recommendation is to award the Agreement to Downs & St. Germain Research as the highest-ranked qualified firm. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This RFP was issued seeking the services of a qualified and experienced firm to provide public opinion surveying services and interactive focus group services. Customer input is a critical component of the City's strategic planning process. Conducting community surveys is a FY18 initiative under one of the City's strategies: Boynton Beach Branding. The objectives are to Connect and Engage the Community and become a High Performance Organization. The surveys shall identify areas of strengths and improvements that will drive future initiatives and priorities for the City that meet the needs and wants of a growing diverse community. FISCAL IMPACT: Funding approved in Public Communications& Marketing budget account number: 001-1212-519-49-17. FY 18/19 $47,925, remaining $111,000 ($158,925-$47,925) will be budgeted in future years. Page 699 of 1161 ALTERNATIVES: Not accept the Committees' rankings; Re-rank and approve commission ranking; Request oral presentations to commission then rank; or Not to award and issue a new Request for Proposal STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Ranking and Authorizing City Manager to sign Agreement D Agreement DRAFTAGREEMENT- DOWNS & ST GERMAIN - PUBLIC OPINION D Attachment RFP SUBMITTAL- DOWNS & ST GERMAIN - PUBLIC OPINION SURVEYING D Attachment NOTICE OF INTENT- PUBLIC OPINION SURVEYING SERVICES D Attachment LIST OF RESPONDENTS - PUBLIC OPINION SURVEYING SERVICES D Attachment ADV ERTIC ED RFP® PUBLIC OPINION SURVEYING SERVICES Page 700 of 1161 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RANKING AND AUTHORIZING 5 THE CITY MANAGER TO SIGN AN AGREEMENT WITH 6 DOWNS AND ST. GERMAIN RESEARCH OF TALLAHASSEE, 7 FL FOR RFP NO. 026-2511-18/IT FOR PUBLIC OPINION 8 SURVEY SERVICES FOR A PERIOD OF FOUR (4) YEARS; 9 AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on July 23, 2018, City staff opened and tabulated four(4)proposals 12 in response to RFP No. 026-2511-18/TT "Public Opinion Surveying Services"; and 13 WHEREAS, the RFQ was issued seeking the services of a qualified firm to 14 provide public opinion surveying services and interactive focus group services for a term 15 of four(4) years; and 16 WHEREAS, the City Commission of the City of Boynton Beach upon 17 recommendation of staff, deems it to be in the best interest of the citizens and residents to 18 approve the ranking and authorize the City Manager to sign an Agreement with Downs& 19 St. Germain Research, the top ranked proposer for RFP No. 026-2511-18/IT for "Public 20 Opinion Surveying Services." 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 22 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 24 as being true and correct and are hereby made a specific part of this Resolution upon 25 adoption. 26 Section 2. The City Commission of the City of Boynton Beach, Florida, 27 hereby approves the ranking and authorizes the City Manager to sign an Agreement with 28 Downs& St. Germain Research, the top ranked proposer for RFP No. 026-2511-18/IT for 29 "Public Opinion Surveying Services", a copy of the Agreement is attached hereto and C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E2D128AF-B9CC-48C5-B4A2-114C96577C54\Boynton Beach.12621.1.Approve_Ranking_And_Agreement_For_Opinion_Survey_Services_-_Reso.Docx Page 701 of 1161 30 incorporated herein as Exhibit"A". 31 Section 3. That this Resolution shall become effective immediately. 32 PASSED AND ADOPTED this day of , 2018. 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Vice Mayor— Christina L. Romelus 39 40 Commissioner—Mack McCray 41 42 Commissioner—Justin Katz 43 44 Commissioner—Joe Casello 45 46 VOTE 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 (Corporate Seal) 56 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E2D128AF-B9CC-48C5-B4A2-114C96577C54\Boynton Beach.12621.1.Approve_Ranking_And_Agreement_For_Opinion_Survey_Services_-_Reso.Docx Page 702 of 1161 SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SURVEYING SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and DOWNS & ST. GERMAIN RESEARCH, INC. hereinafter referred to as "PROFESSIONAL", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROFESSIONAL is retained by the City to perform professional services in connection with the RFP FOR PUBLIC OPINION SURVEYING SERVICES; RFP No.: 026-1810-18/IT. 2. SCOPE OF SERVICES. PROFESSIONAL agrees to perform the services, identified in Section II —Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROFESSIONAL to proceed. PROFESSIONAL shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission. 5. PAYMENT: The City will pay the PROFESSIONAL, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROFESSIONAL may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROFESSIONAL in the amount approved. c. Final payment of any balance due the PROFESSIONAL of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROFESSIONAL'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page 703 of 1161 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the PROFESSIONAL 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 PROFESSIONAL shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with PROFESSIONAL's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. Page 704 of 1161 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Page 705 of 1161 Notices to Professional shall be sent to the following address: Downs & St. Germain Research, Inc. Attn: Joseph I. St. Germain, President 2992 Habersham Dr. Tallahassee, FL 32309 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional 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 Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 706 of 1161 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 707 of 1161 DATED this day of , 20 CITY OF BOYNTON BEACH DOWNS & ST. GERMAIN RESEARCH, INC. Lori LaVerriere, City Manager Signature of Authorized Official Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page 108 of 1161 EXHIBIT A SCOPE OF SERVICES 1. PURPOSE The City of Boynton Beach, Florida (City) is actively seeking proposals from qualified and experienced firms to provide public opinion surveying services and interactive focus group services for a term of four (4) years. The 2018 surveys shall serve as a baseline with the expectation of conducting similar surveys in 2020 and 2022 and focus groups in 2019, 2021, and 2023. The selected firm will conduct two statistically valid public opinion surveys (residents and businesses) and multiple interactive focus groups. The surveys and focus groups must measure current satisfaction ratings and opinions about City services, projects, programs, and policies within the City. The surveys and focus groups may also address issues specific to Boynton Beach, such as the development of neighborhood parks, development of downtown, etc. The selected firm will identify residents and businesses, ensuring that all demographics and special populations are proportionately represented; develop surveys and plan multiple focus groups; execute test/corrected surveys (in multiple formats) and conduct focus groups; tabulate data; analyze results and provide a public presentation (in Boynton Beach) of the results. Customer input is a critical component of the City's strategic planning process. Conducting community surveys is a FY18 initiative under one of the City's strategies: Boynton Beach Branding. The objectives are to Connect and Engage the Community and become a High Performance Organization. The surveys shall identify areas of strengths and improvements that will drive future initiatives and priorities for the City that meet the needs and wants of a growing diverse community. 2. BACKGROUND The City is the third largest municipality in Palm Beach County. A coastal community of 16.5 square miles is located in central Palm Beach County - midway between Fort Lauderdale and West Palm Beach and neighbored to the north by Lantana, Lake Worth and to the south by Delray Beach and Boca Raton. Only one of two full-service municipalities in Palm Beach County, residents and businesses receive the following city services: police, fire and emergency medical services, utilities, street maintenance, solid waste/recycling collection, development permitting, code enforcement, and art and cultural activities. The City has a robust public art program, library, seven recreation facilities, 250 acres of parks, a beach, a golf course, historic program and several cemeteries. According to the Bureau of Economic and Business Research, University of Florida the City's 2017 population was 73,992. The median age is 42.8. Non-white population is 36% and Hispanic population at 14.2%. Foreign-born residents total 22.6%. English is the primary language, followed by Spanish and Creole. In addition, the City has a very involved special population community. The Palm Beach County population model projects the City's population to reach 81,355 in 2025. Page 7709 of 1161 The Palm Beach County Property Appraisers Office reports that there are 36,977 housing units; 39% of those are detached single-family homes and 61% are owner-occupied. The median home price is $234,000 and the median rent is $1,558. Due to the City's strategic location, access to multiple transportation modes, and pro- business policies, the City's business community has experienced an 8.5% growth since 2010. The City, the Boynton Beach Community Redevelopment Agency, the Greater Boynton Beach Chamber of Commerce, and the Palm Beach County Business Development Board work together to create opportunities, attract businesses, and ensure their success. There are 2,180 businesses within the City providing 21,141 jobs. The top 56% of the jobs are in the health care/social assistance, retail trade and accommodation/food services. Current unemployment rate is 5%. (American Community Survey, U.S. Census) Residents aged 25+ with a Bachelor's Degree or higher total 27.5%. The median household income is $47,943. (Source: 2012-2016 American Community Survey 5 year estimates.) NOTE: At the time of this RFP, the City is under contract for the development of a 16- block Town Square in Downtown Boynton Beach. During the summer months, the current City Hall, Police, Fire, Library, and Recreation Centers will be temporary re-located. Residents and businesses may or may not be aware of the plans and schedule. The City and selected firm will discuss related survey questions. 3. TERM OF SERVICES The term of the Project will be established with the recommended vendor and the City. The term will be in the Agreement upon award by City Commission. 4. SCOPE OF SERVICES The awarded proposer shall be responsible for the successful and timely process of conducting two statistically valid public opinion surveys (residents and businesses) in the years 2018, 2020 and 2022. On the opposite years (2019, 2021 and 2023), awarded proposer shall conduct interactive focus groups. The surveys and focus groups must measure current satisfaction ratings and opinions about City services, projects, programs, and policies within the City. The surveys and focus groups may also address issues specific to Boynton Beach, such as the development of neighborhood parks, development of downtown, etc. Topics/issues may vary each year. The awarded proposer will identify residents and businesses ensuring that all demographics and special populations are proportionately represented; develop surveys and plan multiple focus groups; execute test/corrected surveys (in multiple formats) and conduct focus groups; tabulate data; analyze results and provide a public presentation (in Boynton Beach) of the results. For the 2018 survey, the project must be completed within 120 calendar days after receipt of the City's Purchase Order. In coordination with the City Communications Director, the awarded proposer shall publicly present the survey results to City Commission at a Commission Meeting, the date to be determined. For future years' surveys and focus groups, the project must be completed and publicly presented to City Commission no later than March 31. Page X10 of 1161 5. DELIVERABLES The Consultant, based upon site visits, experience, observations, interviews, surveys, research, analysis and findings shall present the following: 1. Preliminary report (5 bound copies and a PDF file) detailing the Firm's analysis, findings, implementation timeframe, and costs/benefits. The report shall include an itemized costs and timeframe estimates. 2. Conduct a minimum of three pre-project meetings (online/telephone) with the City to discuss specific approaches to the survey to ensure unbiased responses, portions of work by the City (if required), etc. During project, awarded proposer/City shall met weekly (online/telephone) with the City to ensure adequate progress and timelines are being met. 3. Upon completion of survey and/or focus group, provide draft of report for review by the City; address any comments and concerns. 4. Submit an electronic and seven (7) hard copies of the results and the Powerpoint presentation to Public Communications and Marketing Director. 5. Public presentation of results and findings. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page P11 of 1161 EXHIBIT B FEES AND PAYMENTS REQUEST FOR 1PROPCISALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No,.-. 026-1810-1511T COST PROPOSAL FORM Proposers sboulct use 0nis form fw subMiLling its Fee Proposal. The pcice s4all be fixed arrd,firm i and should be fully burdExn io IndLide all necessary elements such as but rvot beffled 10 salary,general adrministralive expenses, Ir 1, tnilij &, oo&tead and f6a0profl needed to perfourl all of the services described undrjr this.solicitadon, The Pruposers fee for public opinion surer WtviWt flail flarnain firm I& the Ie fm of the Agreement. The option for Tenewal shall te exennisea upon mWiiiall agreernenl,be en Cbntfadw and CAy.by written agree nwil with all original Terms and etindifibils admwed to Duh no oeviatioIs, ................................. .............. ................... ...............---..........-..................................... , 'F ITS# ' DESCRIPTION LuM,P SUM PRiC- .......... .................................. -------------............. YEAR 2018 - TOTAL, NOT-TO EXCEED PRICE, FOR ALL 1 i P'ROFF-:3SkONjkLSERVICES TO COMPLETE THE PUBLIC OPINMSU EY AND FURNISH ALL DFLIVERAPLES AS 3, DEFINED HEREIN. 'YEAR 201� - 707AL NOT-TO EXCEED PRICE FOR ALL 20- PROPES&ONAtr. SER ES 70 CONDUCTTHE 1 INTIERACTIVE FOCUS GROUPS AND FURNISti ALL 3 DELIVLRADLES AS DEFINED,HEREIIS. 2020 -TOTAL N07-TO EXCEED PRICE FOR ALL 3 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FUR NI ALL DELIVERABLES AS DEFINED HEREIN. ...... T- -ff PRIC'IE'F'O'R kLT---' YEAR 2)D2.1 - JUTAL NUT-to EXGEE 4 PROFESSIONAL SERVICES TO CONDUCT THE GROUPS AND FURNI,9H ALL INTERACTIVE FOCUS ........ DELIVE ALES AS DEFINE[)HEREIN. - -V-EAR-fe-j2-- 707AL NTUR JiZU,QT-TO EXCEED Pmcrt PROrE,88IONAL StROCES TO COMPLETE THE PUBLIC OPINION SURVEY. a FURNWKSH ALL DELIVERABLES AS I DEFINED HEREIN. YEAR 2023 - TOTAL N6 EXCEED PAIGEFORALL 6 PROFESSIONAL SERVICES TO CONDUCT THE i '- Cc INTERACTIVE FOCUS GROUPS A2410 FURNISH ALL; RELIVE LES AS DERNE0 HEREIN. GRA I THIRU 6): 1;f.mND TOTAL Til MS --—--—----------------........... 'J oompx-�Y­N­km� Page "2 of 1161 EXHIBIT B FEES AND PAYMENTS (cont'd.) IN downs & st. i3 Down s&St.Ger ma in Re;� arch date Sliest Pn a r rr arl 'wicka 5tlpu ations on pale 25 of RFR MON!,- :1.0 18jff,detaiiledi item ization Of cwl"'�'submitted an tha'Toq'ToPiopoSal For m"ere d tailed below alcirq 0)44 a Rate Sheet for other research sa las li, e°swill NOT inceease costs Oe itoa3 Costs for 2019—Public Opinion ury<-V of Residents,&Busrnesscls S amrAing plans 2,GOD +� Questionnaire,development S 3,GCO frroe"'un lyd'lfl Data rol ection $27,97S Uata to ulaIion 2,000, Data aaitliysis 51 Report preparation S, 1 $417j975 Fletaited Costs r 7t1.1 ,,Focus Groups Srriot development 1,0it1' Recruitingp•airricip4nt.. Soo incentives fw partrtiparits $ wo Mod rain 110 F-arility&refreshments, $ NC tti€leora'pinR 750 Ar,ArsEs ` 75l? e Report 1, $ S'aw C12 t fpc 1"fOtus grGup, Successive-91'0up t,Will be cunducted for$ ,2x50,. Detailed!Costs for 2020—PublK Opiraictn Sur W of'Residents Business s Simipling plaints $ 7, 0 Qtiestiannalre,deftlopalem, $ 3'a • i�r t t,ln $ 1,'um iota eoiftction 527.975 Data tabulate n 7,000 Data ansis $ 5'000 A ftt°or`t pe.pAration L5,W9 $47.97 2992 Hab,-rsharn Dt, •Tahahassee,Honda 32,109 1850' l6-3111*FAX(850 906-32:1 *htty;//%vvPa.dsg-reseafch-:ism Page V13 of 1161 EXHIBIT B FEES AND PAYMENTS (cont'd.) downs & st. germain R S E A R C H Dot ailvd Costs for 2021—Focus Groups • Script development $ 1,GO19 • Recruiting part icipants 5 500 . Onceritives for parfidiparyts $ 500 Moderating 1.000 FaOity S refireshments NC Videutaping; 25,13 • Analysis 1,0()0 • Report 750 5,000 CDs"for V focus group, Sixtessi=ve groups,-will be conductc-4)f4jr$4,250, Detailed Costs dor 2022-Public0pinion Surv"of Residents Bus-inessys Rack gmund ing&diwme ry .5 2, 00 Sampling ploqs 21(m) Questionnaire devo In pmenz 3=0 W Pretesting 11000 Data collectiun $27,-975 Dam tebulation $ 2,000 • Data an�al",iv000 • Repoer,pnLparptiun UONG $47,97$ Petned,costs for 2023-Focus Groups • Script clevellupment 1,000 • Recruiting.partici patN(5 t 00 • FriceaVves for Oirlicipants + Moderating I,Goo IP Fa�dlitv&refreomvnus, NC victemapimg 250 Armivyls 1,0100 Report L—in S S'GOO Cost for 1"fucusgroup. Successive grow,ps will be cundmucted dor 54,250, 2992 Habiersharn Dr. Florida 3230,91 MW 906,3111 m FAX 1,950d 906-31t~ Page �214 of 1161 1 i i I CITY OF i *'1ST F P FOR PI Ji , L I C O P U�t` I O N SURVF'0�' NG SERVICES RFP� gyp,—3 �� � if zi �`iyt ' ��'`°'� a ��� . e A� ::$ `2� `w'x t �$.t���� , �m�r, kW ttN�a.�R a,�`'Xs 5:�1w1'A,�i S 'Ff i # r� r ` t •� RtA � �`4 S �;t. r ,dabs tt s� Him Ill,, I Submitted by: DOWNS &ST CER All RESEARCH 2992 Flab rsham Drive Tallahassee, Florida 32309 Contact Person: Joseph St. Germain, Phil). 800,5643182 jos p ads -res arch.com � A 4 s; ";i�,,� tn«::�i, � `yt L downs & st. germain E S E A R C H Page 715 of 1161 Page 716 of 1161 Contents TAB 1—Introduction letter............................................................... 1 .................................................... TAB 2—Statement of Organization ........................................................... 2 ................................. TAB 3—Minimum Requirements..................................................... 3 .............................................. TAB 4—Proposed Scope of Services/Implementation ....................... 4 TAB 5—Qualifications and Experience...................................................... ., 27 ............................................. TAB6—Schedule.................................................................................. .........52 .............................................. TAB7—References.......................................................................................... ......54 ..................................... TAB 8—Cost Proposal....................................................................... .........55 ............................................................. TAB 9—Submittal Forms.................................. .............................................59 ......................................................... Page 717 of 1161 Page 718 of 1161 Page 719 of 1161 Page 720 of 1161 IN downs & st. germain 40 R E S E A "-'R-- C H T : Introduction letter Proposal submitted by: Downs&St.Germain Research (DSG) 2992 Habersham Drive,Tallahassee, FL 32309 Joseph St. Germain, Ph.D., President it This proposal is presented in response to a request from the City ofoyn ion Beach(Boynton Beach)for Public Opinion Surveying Services(RFP 026-1810-18/I7). The goal is crovide Boynton Beach with valid and actionable intelligence via surveys and focus groups. This proposal is as much about the fit between the Boynton Beach's needs and our capabilities as it is about a specific research methodology.Technical research skills are necessary, but not a sufficient ingredient for a successful strategic partnership.Other qualities that lead to a successful strategic partnership are the ability to listen,survey and focus group expertise,experience with governments, keen analytical abilities, insight,and assigning top personnel to the project. Downs&St. Germain Research combines: • Government market research experience gained through over 300 studies with governments at the local,state, and federal levels dating to 1979(City of Tallahassee). • Market Research expertise gained through 35 years of excellence and awards in academic and business market research,and through teaching survey and market research at the university level (College of William and Mary, Florida State University,and the University of Wisconsin)since 1975. • Experts in focus groups and survey research. We have 3 Ph.D.s trained in sophisticated research methodology and statistics who have directed over 1,300 survey and focus group projects. • Managerial savvy gained from studies with Boeing, Delta Air Lines, United Airlines, BellSouth, Prudential, and Texaco,and political savvy gained from working with senior management not only of major corporations, but also with senior management of all 3 levels of government. • Sophisticated modeling and analytical procedures that will enable Boynton Beach to optimize the value of survey findings by identifying strategies that best suit various segments of its citizenry. • Direct involvement of DSG's President and Senior Partner in your project on a day-to-day basis. The bottom line is Downs&St. Germain Research has the highest academic and practical qualifications for conducting Boynton Beach's surveys and focus groups. The following persons are authorized to make representations for Downs&St. Germain Research: • Joseph St. Germain, Ph.D., President • Phillip Downs, Ph.D.,Senior Partner • Joseph@dsg-research.com (cell:850-321-1782) • pd@dsg-research.com (cell:850-545-9255) Thank you for the opportunity to provide our approach and qualifications. 2992 Habersham Dr. • Tallahassee, Florida 32309 (850) 906-3111 • FAX(850)906-3112 • http://www.dsg-research.com 1 Page 721 of 1161 Page 722 of 1161 Page 723 of 1161 Page 724 of 1161 44 downs & st. g ermain Ob R E S E A ' R C H 'Fa 2: Statement of Organization A. Legal Contracting Name: Downs&St. Germain Research, LLC B. State of incorporation: Florida (L61857) C. Ownership: Limited Liability Corporation D. Federal Identification Number: 59-2998952 E. Headquarters:2992 Habersham Drive,Tallahassee, FL 32309 850.906.3111 F. Contact for Local Office: None G. List of owners: Joseph St.Germain and Phillip Downs, 2992 Habersham Dr.Tallahassee, FL 32309.Joseph@dsg-research.com, pd@dsg-reserach.com,850.906.3111 H. Organization: t -M�L, LMLM LM I. Primary Representative:Joseph St. Germain, Ph.D.;850.906.3111,850.321.1782(cell) Joseph@dsg-research.com;2992 Habersham Dr.Tallahassee, FL 32309 J. Secondary Representative: Phillip Downs, Ph.D.;850.906.3111,850.545.9255 (cell) pd@dsg-research.com;2992 Habersham Dr.Tallahassee, FL 32309 K. No conflicts of interest; no pending or current litigation; no investigations; no adverse legal or administrative actions in 30+years of business(Vt as Kerr& Downs Research; now as Downs& St. Germain Research) L. No changes in ownership in past 3 years or expected in the next 10 years. 2 Page 725 of 1161 Page 726 of 1161 Form euest for Taxpayer Give Form to the (Rev.November 2017) identification Number and Certification requester.Do not Department of the Treasury Send to the IRS. Internal Revenue Service ►Go to ww1VJrs.goV/FormW9 for instructions and the latest information. I Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. - 4 GCVd(,S _ �Pr^c•nce r F I`teal L 2 Business name/disregarded entity name,if differen4 from above CO m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the (4 Exemptions(codes apply only t-o following seven boxes. Ca a certain entities,not individuals;see o I ❑ Individual/sole proprietor or ❑ C Corporation ElS Corporation El Partnership ElTrust/estateinstructions on page 3): U) single-member LLC a o Exempt payee code(if any) 2 ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o iNote:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting c c LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is a o another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code(if any) is disregarded from the owner should check the appropriate box for the tax classification of its owner. u ❑ Other(see instructions)► OPP`es to accounts a ntai-d outade the U.S.) W(5 Address(number,street,and apt.or suite no.)See instructions. Requester's name and address(optional) 6 City,state,and ZIP code "- — 7 '7 List account number(s)here(optional) --- ` Taxpayer Identifica.- tione.Number(TIN) .-- �� �"""'� -" Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social securitynumber backup withholding.For individuals,this is generally your social security number(SSN).However,fora _ resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other ( ( _ _ entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later. IE or Note:If the account is in more than one name,see the instructions for line 1.Also see What Name and Employer identification number Number To Give the Requester for guidelines on whose number to enter. I )� I � Certification Under penalties of perjury,I certify that. 1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2.1 am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.1 am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividen J;.,�} P� &� ct re we to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign - - - - - — _ Signaturr�sof Here I U.S.person► _ — II�` —...�._ Date► l enerl Instructions •Form 1099-DIV(dividends,including those from stocks or mutual Section references are to the Internal Revenue Code unless otherwise funds) noted. •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) Future developments.For the latest information about developments related to Form W-9 and its instructions,such as legislation enacted •Form 1099-B(stock or mutual fund sales and certain other after they were published,go to www.irs.gov/FormIN9. transactions by brokers) •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(]TIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only if you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X _ FormW: (Rev.11-2017) Page 727 of 1161 Page 2 Form W-9(Rev.11-2017) _ -- By signing the filled-out form,your Example.Article 20 of the U.S.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese 1.Certify that the TIN you are giving is correct(or you are waiting for a student temporarily present in the United States.Under U.S.law,this number to be issued), student will become a resident alien for tax purposes if his or her stay in 2.Certify that you are not subject to backup withholding,or the United States exceeds 5 calendar years.However,paragraph 2 of the first Protocol 4o the U.S:China treaty(dated April 30,1984)allows 3.Claim exemption from backup withholding if you are a U.S.exempt the provisions of Article 20 to continue to apply even after the Chinese payee.If applicable,you are also certifying that as a U.S.person,your student becomes a resident alien of the United States.A Chinese allocable share of any partnership income from a U.S.trade or business student who qualifies for this exception(under paragraph 2 of the first is not subject to the with tax on foreign partners'share of protocol)and is relying on this exception to claim an exemption from tax effectively connected income,and on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the information described above to 4.Certify that FATCA code(s)entered on this form(if any)indicating support that exemption. that you are exempt from the FATCA reporting,is correct.See What is If you are a nonresident alien or a foreign entity,give the requester the FATCA reporting,later,for further information. appropriate completed Form W-8 or Form 8233. Note:If you are a U.S.person and a requester gives you a form other than Form W-9 to request your TIN,you must use the requester's form if Backup Withholding it is substantially similar to this Form W-9. What is backup withholding?Persons making certain payments to you Definition of a U.S.person.For federal tax purposes,you are must under certain conditions withhold and pay to the IRS 28%of such considered a U.S.person if you are: payments.This is called"backup withholding." Payments that may be •An individual who is a U.S.citizen or U.S.resident alien; subject to backup withholding include interest,tax-exempt interest, dividends,broker and barter exchange transactions,rents,royalties, •A partnership,corporation,company,or association created or nonemployee pay,payments made in settlement of payment card and organized in the United States or under the laws of the United States; third party network transactions,and certain payments from fishing boat •An estate(other than a foreign estate);or operators.Real estate transactions are not subject to backup withholding. •A domestic trust(as defined in Regulations section 301.7701-7). ill not be subject to backup withholding on payments you Special rules for partnerships.Partnerships that conduct a trade or receive You wit you give the requester your correct TIN,make the proper business in the United States are generally required to pay a withholding certifications,and report all your taxable interest and dividends a your tax under section 1446 on any foreign partners'share of effectively tax return. connected taxable income from such business.Further,in certain cases where a Form W-9 has not been received,the rules under section 1446 Payments you receive will be subject to backup withholding if: require a partnership to presume that a partner is a foreign person,and 1.You do not furnish your TIN to the requester, pay the section 1446 withholding tax.Therefore,if you are a U.S.person 2.You do not certify your TIN when required(see the instructions for that is a partner in a partnership conducting a trade or business in the Part II for details), United States,provide Form W-9 to the partnership to establish your 3.The IRS tells the requester that you furnished p incorrect TIN, U.S.status and avoid section 1446 withholding on your share of partnership income. 4.The IRS tells you that you are subject to backup withholding In the cases below,the following person must give Form W-9 to the because you did not report all your interest and dividends on your tax partnership for purposes of establishing its U.S.status and avoiding return(for reportable interest and dividends only),or withholding on its allocable share of net income from the partnership 5.You do not certify to the requester that you are not subject to conducting a trade or business in the United States. backup withholding under 4 above(for reportable interest and dividend •In the case of a disregarded entity with a U.S.owner,the U.S.owner accounts opened after 1983 only). of the disregarded entity and not the entity; Certain payees and payments are exempt from backup withholding. •In the case of a grantor trust with a U.S.grantor or other U.S.owner, See Exempt payee code,later,and the separate Instructions for the generally,the U.S.grantor or other U.S.owner of the grantor trust and Requester of Form W-9 for more information. not the trust;and Also see Special rules for partnerships,earlier. •In the case of a U.S.trust(other than a grantor trust),the U.S.trust (other than a grantor trust)and not the beneficiaries of the trust. What is FATCA Reporting? Foreign person.If you are a foreign person or the U.S.branch of a The Foreign Account Tax Compliance Act(FATCA)requires a foreign bank that has elected to be treated as a U.S.person,do not use participating foreign financial institution to report all United States Form W-9.Instead,use the appropriate Form W-8 or Form 8233(see account holders that are specified United States persons.Certain Pub.515,Withholding of Tax on Nonresident Aliens and Foreign payees are exempt from FATCA reporting.See Exemption from FATCA Entities). reporting code,later,and the Instructions for the Requester of Form Nonresident alien who becomes a resident alien.Generally,only a W-9 for more information. nonresident alien individual may use the terms of a tax treaty to reduce Updating Your Information or eliminate U.S.tax on certain types of income.However,most tax p g treaties contain a provision known as a"saving clause."Exceptions You must provide updated information to any person to whom you specified in the saving clause may permit an exemption from tax to claimed to be an exempt payee if you are no longer an exempt payee continue for certain types of income even after the payee has otherwise and anticipate receiving reportable payments in the future from this become a U.S.resident alien for tax purposes. person.For example,you may need to provide updated information if If you are a U.S.resident alien who is relying on an exception you are a C corporation that elects to be an S corporation,or if you no contained in the saving clause of a tax treaty to claim an exemption longer are tax exempt.In addition,you must furnish a new Form W-9 if from U.S.tax on certain types of income,you must attach a statement the name or TIN changes for the account;for example,if the grantor of a to Form W-9 that specifies the following five items. grantor trust dies. 1.The treaty country.Generally,this must be the same treaty under Penalties which you claimed exemption from tax as a nonresident alien. 2.The treaty article addressing the income. Failure to furnish TIN.If you fail to furnish your correct TIN to a S.The article number(or location)in the tax treaty that contains the requester,you are subject to a penalty of$50 for each such failure saving clause and its exceptions. unless your failure is due to reasonable cause and not to willful neglect. 4.The type and amount of income that qualifies for the exemption Civil penalty for false information with respect to withholding.If you from tax. make a false statement with no reasonable basis that results in no 5.Sufficient facts to justify the exemption from tax under the terms of backup withholding,you are subject to a$500 penalty. the treaty article. Page 728 of 1161 Page 729 of 1161 Page 730 of 1161 Nq4 downs & st. germain ib R ESEA - - RCH Tab 3 - Minimum Requirements f Information from Downs&St. Germain Research's Sunbiz report is included below. Florida Profit Corporation DOWNS&ST.GERMAIN RESEARCH, INC. Filing Information: Document Number: P15000101649 FEI/EIN Number:59-2998952 Date Filed: 12/22/2015 Effective Date:01/01/2016 (previous firm name was Kerr& Downs Research, LLC, licensed in Florida since 1985) State: FL Status:ACTIVE Principal Address 2992 HABERSHAM DR,TALLAHASSEE, FL 32309 Mailing Address 2992 HABERSHAM DR,TALLAHASSEE, FL 32309 Registered Agent Name&Address ST. GERMAIN,JOSEPH 1 2795 SUMMER MEADOW DR,TALLAHASSEE, FL 32303 Officer/Director Detail Title P ST. GERMAIN,JOSEPH I 2795 SUMMER MEADOW DR,TALLAHASSEE, FL 32303 Title C DOWNS, PHILLIP E 6027 HEARTLAND CIRCLE,TALLAHASSEE, FL 32312 St. Germain and Downs are the two owners of Downs&St. Germain Research. In the past year,we have had projects in Georgia, Minnesota,Texas, Kentucky, Delaware, New York, Louisiana,and Florida (Palm Beach, Pasco, Pinellas, Leon,Walton,Sarasota, Marion,St. Lucie, Nassau, Polk,and Hillsborough counties). 3 Page 731 of 1161 Page 732 of 1161 Page 733 of 1161 Page 734 of 1161 downs & st. germain Tab : Proposed Scope of Services/Impi ementa tion I, Writteii, Managerne�nt Plan Our management plan is illustrated below. t iscov ry involves meetings with officials from Boynton Beach to establish a blueprint to follow for the remainder of the study. We confer with Boynton Beach officials about study objectives,strategic uses of results, desired questionnaire content, rationale for our research design and data collection preferences, and discuss any organizational information or issues that may save time or help avoid stumbling blocks. Content refers to working with Boynton Beach officials to develop a list of issues they wish to explore in the research. Then Downs&St.Germain Research translates those issues into questionnaires or focus group scripts. Research Design includes developing sampling frame,sampling process, and sample size that produce valid data most cost-effectively. Each of these is described in detail in the following Methodology section. IN = = a Data Collection is described in detail below in the following Methodology section. S:rate do Analysis—all research firms analyze data—few have the sophisticated predictive models that Downs&St.Germain Research develop based on the fire power of our three Ph.D.s.Our predictive models will help Boynton Beach increase resident satisfaction with city services. Strategic c rearm rn da ion —most research firms do not venture into strategic recommendations. Our business backgrounds and our work with Fortune 500 firms as well as governments at all 3 levels enable us to offer strategies to Boynton Beach: 1)to increase residents'and businesses'satisfaction;2)to learn how to position issues on which the city did not perform well on the survey; 3)discover how to create opportunities to publicize the positive findings of the study; and 4) learn how to communicate findings to the commission as well as the staff. Our methodology incorporates synergy in research designs to maximize the ROI on the City of Boynton Beach's research dollars. We can deliver all of the reports desired by Boynton Beach by developing a 4 Page 735 of 1161 downs & st . germain research design that incorporates a multi-modal data collection process.The research design that we present is state-of-the-art and recommended by professional organizations such as the American Association of Public Opinion Research and Insights Association (formed by the merger of the Market Research Association and the Council of American Survey Research Organizations). Downs&St. Germain Research's research design uses a multi-modal data collection approach that enables us to collect data from all types of residents and businesses in the community.The most critical objective in data collection is to gather valid and representative information.That is, we must be able to generalize your results to all residents who live in Boynton Beach. - rt s E Mail surveys were the darlings of the industry until 1960,when enough residents had telephones to make telephone interviewing the gold standard. With the emergence of cell phones and plummeting response rates, internet surveys have become the latest and greatest data collection tool because of their low cost.While widely used by industry,governments have been rightfully wary of internet surveys because they have failed to provide the necessary validity. Opoationalizing the Research Design Sampling F acnes—a sampling frame is an enumeration of all individuals or businesses in a study. It is not difficult to list all potential households and businesses for the study. The challenge is in operationalizing a data collection method that allows you to reach all of the households and businesses. Mail surveys can reach all residents and businesses,yet mostly older people complete mail surveys,thus biasing the results. Internet surveys reach most residents, but older residents tend not to complete them. Phone surveys, using cell and landline, cover 98%of the population, but response rates nationwide are less than 10%. Best practices in the industry are to combine all three data collection techniques, and therefore,all three sampling frames,thus giving you total coverage of households and businesses with an excellent opportunity to reach all types of individuals and businesses. Sam, lin process—we recommend stratified, random sampling where strata for residents include geographic area to ensure that all areas of Boynton Beach are sampled equally. We recommend business size and geographic location as strata for businesses. Stratifying in this manner ensures not only a representative set of businesses, but also it is cost-efficient sampling process. 5 Page 736 of 1161 downs & st. germain ample S:zes—The RFP stipulates to "ensure a minimum of a 95%confidence rating in the survey findings;a minimum range of 3±to 5±variance..." We understand this language to mean that the results should have a sampling error of no more than 5% points given a 95%confidence level,as it is more commonly stated in survey research and statistical articles. The formula to ensure this level of precision is shown below: n = [(Z' * p * q)/e2] * [sgrt(N-n)/N-1)],where, • n=sample size • Z=standard deviation • p=.5 • q=.5 • e=sampling error • sgrt=square root • N = population size The operative formula for residents of Boynton Beach is: 384= [(1.961* .5 * .5)/.051] * [sgrt(73,992-384)/(73,922-1)],where • n=384,the sample size • 1.96=Z,the standard deviation that ensures a 95%confidence level • P=.5,the value set to ensure that the sampling error never exceeds 5%given a 95% confidence level. • q=1—p oralso .5 • e=sampling error of±5% points • N=73,922,the number of residents in Boynton Beach A sample size of 384 is required to give a sampling error of±5%points given a 95%confidence level for residents. The operative formula for businesses in Boynton Beach is: 357= [(1.961* .5 * .5)/.051] * [sgrt(2,180-357)/(2,180-1)],where • n=357,the sample size • 1.96=Z,the standard deviation that ensures a 95%confidence level • P=.5,the value set to ensure that the sampling error never exceeds 5%given a 95% confidence level. • q= 1—p or also.5 • e=sampling error of±5% points • N=2,180,the number of businesses in Boynton Beach 6 Page 737 of 1161 44 downs st . germain lb R E S E A R C H A sample size of 357 is required to give a sampling error of±5%points given a 95%confidence level for businesses. 3. Belichmarking To benchmark Boynton Beach against other cities,we work with the National Research Center, Inc. which has analyzed data collected in citizen surveys in over 500 jurisdictions in the United States. Comparisons are made to jurisdictions that are similar to Boynton Beach in characteristics such population, location,economic and demographic characteristics.The table below is an example of benchmarking we did for another city in Florida. City City Number of City Comparison to Survey Questions Rating Rank Jurisdictions Percentile Norm .... - �- 14 7 Much below Storm drainage 27 13 _.-- - 15 46 Much above Adequacy of street lighting 57 $ _�. Appearance&maintenance of City's public buildings 64 —NA NA — _ .....– _ NA - NA NA Overall qualityof beaches 70 NA — — — Much above Recreational programs 67 5 17 75 Appearance of playgrounds 67 NA NA NANA NA Landscape maintenance in rights of way 61 NA NA NA v — _ _ Garbage/trash collection 64 17 19 11 Much below _ _—......_.�.....,... Much below Traffic flow 21 13 13 0 - - •— .— - Much below Condition of roads 35 8 10 20 _. _...... — _--_....— Much below Police 61 – 17 23 —...... _ —— Below Emerenc Medical Res onse 79 9 21 58 .�. .., — A...�, 80 10 10 1g Much below Fire — _ _ - - Muchabove Safe,ty our neighborhood d�} 15 ...---. —g9..— —.. 15 77 Much above Safety in your neighborhood-evening 78 5 –– 13 75 Much above Safety in business/commercial areas-evening73 — — — ••• — — — — — -— — 54 16 Above_ Value of Cit services for taxes Paid _ _®.•_ .� 12 53 Above Employees that assisted me were courteous .— — — — — — "" Below . W�_ 17 Employees that assisted me had propertrainin 69 11 13 — _ — _ _ — Much below Satisfied with experience 62 11 _ 14 23 . „�-- — Similar _ Cit Gov't is interested in hearin resident concerns 62 ___ 9 14-- 38 7 Page 738 of 1161 downs & st. germain In addition to presenting Benchmarking data in granular format as shown on the preceding page,we will summarize Benchmarking data so Boynton Beach will have a sense of how it compares to other jurisdictions. The following table is from one of our reports—names have been omitted. Cities with I 1 National 70,000 to Florida Selected Total Ranking Cities 100,000 Cities Cities Rankings Top third 0 1 - _I _ 2 4 7 Middle third i 13 7 8 6 34n Bottom third 8 10 8 8 34 The city in this table did not perform well against national cities, midsized cities, Florida cities,selected cities or overall. In 75 questions in which services were rated,this city was in the top third in only 7 services; it was in the middle third and bottom third on 34 services each. In other words,this city has some work to do! • We conduct all phases and every step of the research process in-house. This ensures quality control. • Our 3 Ph.D.s ensure that your research design, involving telephone, mail,and internet surveys, is best practice in the industry and state-of-the-art. • The questionnaire will be designed by Phillip Downs, a national expert in designing questionnaires and response scales. He has taught 20,000+college students and 1,000+executives how to write valid questionnaires, plus he has written over 750 questionnaires for Fortune 500 firms such as Delta Air Lines;cities, large(Orlando) and small(Lake City);and nonprofits such as the American Bar Association. • We offer sophisticated analytical techniques such as Structural Equation Modeling that adds value to your results and provides you with actionable recommendations. • We offer strategic recommendations based on our business expertise and experience. We will help Boynton Beach move the needle on such important issues as customer service. • Our telephone interviewing is also conducted in-house by our professional team of interviewers and supervisors. We are not a large company,so our supervisors watch our interviewing team (maximum of 15 interviewers working at one time)at all times. • Our three Ph.D.s have made over 2,000 presentations to not only city officials, but also to US Cabinet members,governors, Fortune 500 CEOs,etc. We are available to present results to your commissioners,staff,the media,etc.,and you can be confident that you will be pleased with our professionalism and presentation skills—just ask our references. , real fic E x[,yer tis :,._ Unlque Resotmc s , Downs&St.Germain Research utilizes Structured Equation Modeling and AnswerTree Analysis to identify the factors that have the greatest impact on citizens'attitudes and behaviors. While the City of Boynton Beach clearly needs and expects high quality research regarding residents'opinions and 8 Page 739 of 1161 • 44 downs & st . germain behavior motivators, Downs&St.Germain Research will go far beyond research to provide strategic information to the City of Boynton Beach and to its team that will aid in increasing citizen satisfaction. All market research firms know how to analyze data,correct? Yes,but all market research firms do not know how to: Conduct sophisticated analyses such as: o Multidimensional scaling o Conjoint analyses o AnswerTree analyses o Cluster analyses o Structured Equation Modeling o Chi-square automatic interactive detection analyses Transform results of sophisticated analyses into easy-to-understand graphics The City of Boynton Beach will receive strategic recommendations based on our sophisticated statistical analyses capabilities and our marketing experience. No other firm provides the level of sophisticated analysis coupled with marketing experience gained working with Fortune 500 companies, international and national associations,and federal, state and local governments. our combination of attributes translates into value-added strategic recommendations for the City of Boynton Beach. Given three doctoral degrees on staff, Downs&St.Germain Research possesses a full range of multivariate statistical techniques. We will illustrate a few of the sophisticated analyses that can be applied to the City of Boynton Beach's survey results. AnswerTree Analysis AnswerTree analysis can identify the characteristics/variables that are most likely to predict whether or not citizens are satisfied with various elements of Boynton Beach government. The following diagram shows a mock AnswerTree analysis. 9 Page 740 of 1161 downs & s-t. germain Mock AnswerTree Diagram-Predictors of Citizen Satisfaction 'Citizen 5atisfactiorr 7 — .� High Income Low Income 45+years old <45 years old 4 m Females Males Based on survey data, nearly four out of five households(78%)are satisfied with the City of Boynton Beach's overall performance. Household income is the number one predictor of whether or not individuals are satisfied with the City of Boynton Beach's performance as higher income households are more likely to be satisfied (91%). The second most powerful predictor of whether or not one is satisfied with the overall performance of the City of Boynton Beach is age as residents who are over 45 and have higher incomes(95%)are more likely to be satisfied. The third most powerful predictor of whether or not one is satisfied with the City of Boynton Beach's performance is gender as males, over the age of 45 who have high incomes are more likely(96%)to be satisfied with the City of Boynton Beach's performance. Armed with the results of the AnswerTree analysis,the City of Boynton Beach can tailor its future services and messages to reinforce understanding among segments that are already satisfied,and the City of Boynton Beach can focus its services and messages on segments that are not as satisfied. Structu?al Equation Modeling Another sophisticated statistical modeling tool Downs&St. Germain Research uses that will help the City of Boynton Beach is Structural Equation Modeling. As shown in the following figure,the main predictors of satisfaction with the City of Boynton Beach's performance in providing services were 1)age(45+),2) gender(females),3) income(greater than 10 Page 741 of 1161 downs & st . germain $50,000),4)attitude toward government, in general. Several other factors influence many of the primary drivers of satisfaction. 5(�7 Dri,vers of Visitor Satisfaction V s. ., E Age(45+) mmmwnwo Race (White) ifizen �n Attitude toward Satisfaction government Years in area 1 Attitude Gender eTYt e 9 rica 3E about taxes 50,000-11 ... _ �_- 11 Page 742 of 1161 downs & � ~� germain AddElftL -�m�� �� � ��� � Ob �� �— �= [— � �� �� � | �� �- --� �- �� �� k �� __ . . . , �� / / GLS'Afo�h�q GIS Mapping allows for Boynton Beach officials to visualize how services are rated in particular city regions. GIS Maps are clearer than data tables and easily allow Boynton Beach officials to determine areas ofneed within the city. For example, if one area of Boynton Beach was found to be more concerned about crime or less satisfied with police protection,the City could increase patrols inthat area. In an area with low satisfaction in parks and recreation, Boynton Beach could prioritize park refurbishments in that area. Finally, if one area of Boynton Beach stands out as less satisfied overall,the City could hold e town meeting in that area. VVepresent omock GIS Map ofBoynton Beach onthe following page. IJ Page 743Of1161 dawns & st . germain R E S E A R C H GIS Map Showing Police Ratings by Geographic Areas Hpoluxe Road t } i Y r !-9S Y � t i 'SM t.85l Q'HxIR/kV P. � ke'Y4 'IV ONatue.Beach VWd LI Excellent s �j Good Fairy Poor x ` r f h The area east of the Intercoastal waterway and the area in the northwest section of the city give police the highest rating. The area west of 1-95 and south of Boynton Beach Boulevard give police only"fair" ratings. 13 Page 744 of 1161 downs & st. germain Exrwrts in Focuis Grotips-­Unique Resources#2 Focus groups are a critical part of the City of Boynton Beach's overall market research plan. Based on training in doctoral programs,and based on conducting over 1,200 focus groups for Fortune 500 firms, governments at all three levels, and nonprofits, Downs&St. Germain Research's senior personnel are truly experts in focus groups. Were is a detailed overview of our approach for conducting focus groups for the City of Boynton Beach. Keys to ucc ss i.ilFocus"groups A properly conducted focus group provides a wealth of information that can drive strategic decisions. A poorly conducted focus group is an expensive waste of time and money. Based on our academic training and based on conducting over 1,200 focus groups,the keys to a successful focus group are: 1. Discovery 2. Moderator 3. Group composition . Exercises S. Strategic recommendations Discovery Discovery in qualitative research performs the same function as it does in quantitative research. We explained Discovery during the Quantitative Research part of this proposal. To briefly reiterate, Discovery is designed to: ➢ Determine the strategic uses of the information generated by focus groups ➢ Define the characteristics of the individuals who should be participating in the study ➢ Develop a list of information needs that can be translated into a focus group script Getting the right topics and the right focus group participants will be ensured by the Discovery discussion. Ideally, Discovery is done in person, but it can be done via a conference call. Moderator The moderator is the most important ingredient in the focus group process. Good, experienced moderators know how to: ➢ Maximize non-verbal communication ➢ Ignore over-bearing participants ➢ Encourage shy participants ➢ Avoid a halo effect in which one or two participants' comments sway the entire discussion ➢ Maximize synergistic discussion ➢ Identify when participants are giving socially acceptable responses ➢ Make participants give honest and emotional responses ➢ Use techniques such as Imaging to enrich the discussion ➢ Avoid answering participants' questions 14 Page 745 of 1161 1 44 downs & st . germain ..... . . ......... . . ..... . . . ... to ➢ Ensure that all key research issues are explored ➢ Skip around the script if synergistic discussion will be optimized by not following the script Phillip E. Downs, Ph.D. and Joseph St.Germain,Ph.D.will moderate all focus groups. A brief summary of their focus group qualifications is as follows: ➢ Trained in focus group and other qualitative research techniques in doctoral programs at UNC- Chapel Hill and Florida State University ➢ Moderated over 1,200 focus groups for: o Corporate clients(e.g., Federal Express, United Airlines, Delta Airlines, Boeing,Club Med) o Association clients(e.g.,American Water Works Association,ASAE) o Government clients(e.g.,Orlando,Ocala,Tallahassee,FEMA, Florida Department of Financial Services, Florida Department Agriculture and Consumer Services) ➢ Written articles on how to conduct focus groups ➢ Taught over 5,000 executives how to conduct focus groups at the American Society of Association Executives Management Certificate Program ➢ Taught over 20,000 students at the University of North Carolina,The College of William and Mary and Florida State University how to conduct focus groups ➢ Received honors from the American Marketing Association and the Southern Marketing Association for qualitative research techniques rocus CrOLIP Composition Focus groups are designed to be exploratory.The best focus groups are characterized by synergistic discussion. One person's comments trigger shared experiences and history with the topic in the minds of other participants and they respond with their comments. The best focus groups are characterized by minimal conversation by the moderator. If the discussion sounds like a group of friends being gently guided by the moderator,chances are it is a good focus group. Conversely, if the discussion consists of a series of one-on-one exchanges between the moderator and successive participants,then the discussion is missing the one essential element of a good focus group—synergy. Expert moderators agree'that focus groups whose participants are similar with respect to experiences with the topic and with respect to critical social and demographic characteristics have a better chance of producing synergistic discussion. For example,combining individuals who are new to Boynton Beach with those who have lived there for 30 years does not create the type of synergy desired. Another critical error is having two people who have a prior social/professional hierarchical relationship. For example,a 19-year-old is likely to defer to her boss and is less likely to express her independent opinions on the subject. ' Referencing members of the Qualitative Research Consultants Association(ARCA)of which Phillip Downs, Ph.D. is a member. ARCA is an international association of focus group moderators and other qualitative research consultants. ARCA members share expertise and experiences in an effort to advance the art and science of qualitative research. 15 Page 746 of 1161 " downs & st. germain fftlR E S E A ' R C H Another example of poorly designed composition of focus groups would be to combine teenage boys and teenage girls in one group. This is a recipe for limited discussion. Demographic representation across focus groups is generally a more valid goal than demographic representation within individual groups. Focus Group Exercises Downs&St.Germain Research has invented and perfected several techniques for ensuring that synergistic and actionable discussion takes place during focus groups. These exercises ensure that all participants provide input and that creative ideas are generated during focus groups. Imaging is one of the exercises Downs&St. Germain Research has perfected to stimulate independent thinking and group synergy. Focus group participants are requested to close their eyes and to develop a mental image of the company or brand or situation. Then they are requested to draw the mental image they have in their heads. Participants then explain their drawings to others and share their mental images. Figures on the following pages show a few drawings that were generated in focus groups for the Boeing Company. Participants included flight attendants and passengers who had recently worked or flown 14- hour flights. Focus groups were intended to explore flight attendants'and customers' reactions to working/flying in an airplane proposed by Boeing that was designed to stay in the air for 20 to 22 hours. The drawings reveal emotional reactions to the concepts being studied that would never surface through traditional focus group questioning techniques. The flight attendant self-portrait conveyed the feelings of needing to be a super hero while making a long flight. The "Sunshine"technique is another exercise that Downs&St.Germain Research uses to stimulate independent thinking during focus groups so dominant personalities do not limit creative and independent thinking. An example of the"Sunshine"technique is shown on page 20. We used this technique in helping the Florida Department of Transportation develop a list of issues that are important to drivers when using the State of Florida transportation network. The sunshine technique helped us develop a list of over 140 issues that are important to drivers. We then used another focus group technique(normalization)to reduce the list of issues to the ten most critical issues. Written results of all focus group exercises become part of the final report that will be given to the City of Boynton Beach. 16 Page 747 of 1161 44 downs & st . g ermain 40 R E S E A 'R C H Examples of a focus gripup exercises Dtmns&,,St,Ciermiain Research invenced S;; 4 Jk I 1 i 1 F ` 1 r, °v r r� 17 Page 748 of 1161 downs & st . germain ACTUAL 144, ITOT)RI'LIGH_. e..r ._ Atml 14--%-hour f fs'sh', Yho�th eclRO V3l � z - #Naw&dnTs are stt;v)t_ _tea" ..».v :u ' o ..'' 1 ry .n s » »n f ' } F , 1 �� w 4 1d .» ., �f » t , ,i a 18 Page 749 of 1161 downs & t . germain AC-FUAL 14-1- 1101,"R FLIGHT Actual 114r Wh,ry they II? t:'U actually d s r t O,,n pb 4 e3. amt i °a S sw u � t t' d = p 3 y 111 ?� �3 ! z f Sa 3.. 0" g R E 9 f� �y 19 Page 750 of 1161 4% downs & st. germain RESEA - R C- H Sunshine Technique Designed to elicit independent thinking Write down all of the reasons you are satisfied with Boynton Beach services 20 Page 751 of 1161 44 downs & st. germain 40 R E S E A R C H x u „ftionna.'aii,r I)es n. — UnIq.555 Resou.r,c 5 43 Scientific :ashes Phillip Downs, Ph.D.,Senior Partner of Downs&St.Germain Research and Project Director for the City of Boynton Beach, is a recognized national expert in questionnaire design.The following summarizes Downs' background in writing questionnaires: • Written over 1,000 questionnaires. • Taught over 25,000 college students about questionnaire writing techniques. • Taught over 5,000 executives about questionnaire writing techniques. • Served as a faculty member with the American Society of Association Executives Management Certificate program—focus was on writing questionnaires. • Published academic articles on writing questionnaires. • Presented academic treatises on questionnaire construction. • Trained in questionnaire construction during the Ph.D. program at the University of North Carolina at Chapel Hill in the Psychometric Laboratory. SSI 3 e 'SK; Dr;§.N rRO(155, Questionnaire Design Process The questionnaire design process that produces the best questionnaire Discovery is shown on this page,which illustrates the roles both Downs&St. - - Germain Research and the City of Boynton Beach play in creating the Research Design ' final questionnaire.Questionnaire design Is part science, part art.A few examples will illustrate the subtleties of questionnaire construction: 1. Do you favor extending the extra penny sales tax? Research Topics 2. Do you favor or oppose extending the extra penny sales tax? _ .. i Que 3. Do you favor or oppose extending the extra penny sales tax, { Draftonnaire which will cost a typical household of three$250 per year? 4. Extending the extra penny sales tax from the year 2018 to 2032 City Reviews will cost the typical household of three$250 per year,or Questionnaire $3,750.The money will be used to build and widen roads and to save and improve lakes. Do you favor or oppose extending the ( Revisions extra penny sales tax? Yes No The first question is unbalanced, i.e., it mentions"favor' but not "oppose."Answers to the second question will differ from answers to Pretest the first because of the formal balance achieved by adding"oppose." The third question adds a sense of reality(cost)to the issue.The fourth Begin Data Collection question presents benefits and costs as well as formal balance.All of these questions are designed to measure the same construct,yet each question will produce a different response from a sample of 1,000 people. 21 Page 752 of 1161 40 downs & st. germain Ob R E S E ------- Another simple example of questionnaire issues: "How many people are in your family?" Straightforward and unambiguous, or is it? Did you include your brother who is married with two children and living in Bradenton?What about your mother who lives across town? How about your aunts and uncles and grandparents, etc.? A less ambiguous version of this question is, "How many people presently live in your household year- round?" Here's one more example of how seemingly innocent questions can produce different results.The following two questions were used in a national study: • Considering all things, how happy are you?(general happiness) • Considering all things, how happy are you with your marriage?(marital happiness) The questions were presented in this order to half of the sample,and in the reverse order to the other half of the sample. Respondents who received the general happiness question first were happier than respondents who received the marital happiness question first.Thus,order of questions can impact how we respond. People who received the marital happiness question first began thinking about problems in their marriages.Their thoughts carried over to when they answered the general happiness question! Response scales in questionnaires. Still not convinced that it pays to hire an expert to write your questionnaire?Consider these response scale issues. Should there be an even or odd number of scale points? For example,which one of the following is correct? • Strongly agree • Strongly agree • Agree • Agree • Disagree • Neither agree nor disagree • Strongly disagree • Disagree • Strongly disagree The answer is"it depends."The scale on the left should be used if the topic is relevant and salient to respondents.The scale on the right should be used if respondents lack knowledge and salience regarding the topic. We did not address the issues of"Don't know" and "No opinion" in the preceding discussion. It is generally more valid to include "Don't know." Including"No opinion" is appropriate if we expect that the topic is of low salience. We often see numbered response scales.Are they appropriate?How many scale points should we use? A good response scale possesses three characteristics: • The polar(on the ends) response options should be equally distant,semantically speaking,from the middle point. 22 Page 753 of 1161 4% downs & st . germain Ob R E S E A ' R C H • The polar response options should be as far(semantically)from the middle point as possible. • There should be equal semantic space between successive pairs of response options. Adjectives for response options are more valid than numbered response options,if they meet the preceding criteria. However,constructing a valid response scale with adjectives is not easy. For example, the following response scale is often used in research: • Excellent • Good • Fair • Poor This is not an"excellent"scale because the positive polar response scale (excellent) is further, semantically,from the midpoint than the negative polar response scale (poor). How do we know this? It has been proven in academic research designed to test such"academic" issues! Another problem with this popular scale is that the semantic distance between "excellent" and "good" is further than the semantic distance between"good" and "fair."Again,this has been proven in academic research.A better response scale using adjectives is: • Excellent • Very good • Good • Fair • Poor The only limitation of this scale is that the polar negative response point is not as far(semantically)from the midpoint as the positive polar response scale point. Back to numbers when developing response scales.Since it is so hard to develop a valid response scale using adjectives,why not just use numbers,such as 1 to 5?Most researchers use these types of scales without questioning them. However, it has been proven (those academicians again)that a numbered scale is not as reliable as an adjective scale. Oh, and one more thing. Using 1,2,3,4,5 as a response scale produces different results than using-2,- 1,0, 1, 2. Do you know why? It is because most individuals shy away from negative numbers when rating objects. Hence the-2 to+2 scale will produce higher overall ratings than the 1 to 5 scale.This is referred to as scale bias.We definitely do not want scale bias in your study. The City of Boynton Beach's questionnaire will be written by Dr. Downs who has written over 1,000 questionnaires, published a dozen articles on how to construct questionnaires,and taught questionnaire construction to over 25,000 college students and 5,000 executives. t .F' . rg aEu=. # xt1' fiF a„ xt ' r _ tt " K. 'w 23 Page 754 of 1161 AVIINIML 4W downs & st. germain Ob R E S E A _ R C H Qu, fil.. Conti-c) iii Inbei v.'?.wftn ..,...Uhnique 1,es-o'4orc:'es#4 Downs&St.Germain Research will employ a multi-mode data collection technique with mail, telephone,and internet interviewing. The following section discusses our excellence in telephone interviewing. Downs&St. Germain Research maintains a portfolio of approximately 40 experienced interviewers.All have experience with complex telephone interviews. I rite rviewirig Facility Downs&St. Germain Research's office at 2992 Habersham Drive,Tallahassee, Florida will be used as the interviewing facility.The facility is equipped with thirty(30) CATI (Computer Assisted Telephone Interviewing) stations.CATI stations facilitate a completely computerized interviewing process that reduces interviewer-induced bias and mistakes. Intersie r rr ining The project director and the research director will be responsible for interviewer training.Topics to be covered in the training sessions will include: • Purpose of the survey . Detailed review of the • How the information will be used questionnaire • Sampling procedure • Methods for handling objections • Selection of appropriate • Coding procedures household member • Maintaining a telephone log • Role playing and practice interview Standardized Survey Interviewing by Floyd J. Fowler,Jr.,and Thomas W. Mangione will be the reference guide for the training session. Pretest The questionnaire will be pre-tested on ten individuals. Modifications to the questionnaire will be made based on the pre-test analysis. Interviewing Procedure Telephone surveys that do not have a random process for selecting the person within the household to interview will result in too many older respondents and too many female respondents.To prevent this type of bias, Downs&St.Germain Research uses the Hagan-Collier technique which requires interviewers to rotate the person within the household who is eligible to complete the interview across the following four designations: • Youngest male over 18 • Oldest male • Youngest female over 18 • Oldest female 24 Page 755 of 1161 1 40: downs & st. g ermain fb RESE 'ARCH Interviewers will make up to five calls across five separate days to complete an interview with a selected household.This type of persistence reduces bias created from interviewing easy to reach respondents. To maximize the probability of reaching the appropriate household member, up to five telephone calls will be made to each designated telephone number on different days and at different times of the day. Interviews will be conducted according to the following schedule: • 4:00 p.m.-9:00 p.m.Weekdays • 10:00 a.m.-9:00 p.m.Saturdays • 12:00 p.m.-9:00 p.m.Sundays If a respondent is found to speak Spanish or another language,the call will be routed to one of our bilingual interviewers. Computer Assisted Interviewing As they are interviewing residents, interviewers will record answers directly into computers.The software program that enables direct computer data entry will be written to exclude out-of-range responses and to assure that interviewers follow the appropriate skip patterns throughout the study. This process eliminates potential errors inherent in separate, manual data coding and entry steps. The field supervisor will validate a minimum of 10%of the completed telephone interviews.Validation will be completed via the telephone. Positive identification of the respondent will be made. If a positive identification cannot be made,the questionnaire will be discarded. Cell Only I-ousehDi s vs. Land-line Telephone Households From 1960 until a few years ago, RDD telephone surveys of households were the gold standard for community surveys.The advent of cell-only households has questioned the validity of not including cell- only households in community surveys.The most recent nationwide estimate of cell-only and cell- mostly households is 67.5%'. The figure on the next page shows the issue survey researchers face.A significant percentage of households have land-based telephones.A significant percentage of households have cell telephones, and a significant percentage of households rely on cell phones even though they have landline phones. The best telephone sampling frame for Boynton Beach is a combination of land-line telephone numbers and cell telephone numbers.Cell-only sampling frames will miss a significant percentage of the households; land-based only sampling frames will miss a significant percentage of households; but a sampling frame that combines cell+land-based phones will miss only about 2%of the households. 'Center for Disease Control, May 2017.. 25 Page 756 of 1161 downs & st. germain 2%of citizens without phon Cell� t ines , The most egregious error in some municipal surveys is that they did not include citizens with"cell-only" or"cell-mostly"telephone use. Over half of people in many geographic areas now speak exclusively or nearly exclusively on cell telephones.Surveys that do not include samples of cell telephone numbers will miss these people altogether.Surveys that do not include a sample of cell telephone numbers are biased. Using only cell phone numbers does not result in a sufficient sampling frame and neither does using with only land-based numbers. Downs&St.Germain Research uses cell samples to augment landline sample when conducting surveys. Spanish-Speaking Ex rience&Capabilities Downs&St.Germain Research completes,on average,about 10 bilingual telephone survey projects per year,or about half of our projects. Project size for bilingual English/Spanish survey projects typically ranges from 400 to 20,000 completed interviews. In addition to conducting studies on a regular basis in English/Spanish, Downs&St. Germain Research has also conducted studies in Creole, Mandarin Chinese, Portuguese, German, Italian, French, Korean, and Japanese. In addition to our own staff,we hire instructors and graduate students in languages from Florida State University to strengthen our language capabilities. 26 Page 757 of 1161 Page 758 of 1161 Page 759 of 1161 Page 760 of 1161 downs & st. ermai � n Qualifications Based on our 35 years of experience(Kerr& Downs Research,the predecessor of Downs&St.Germain Research,was incorporated in 1983)and wealth of market research expertise,the following are critical qualifications for conducting cost effective,valid research for municipalities: ➢ Market research expertise ➢ Market research experience with municipalities ➢ Analytical excellence ➢ Senior partner involvement ➢ Corporate bottom-line approach ➢ Strategic capabilities We will discuss each of these. Facts Benefit to City of Boynton Beach • 3 PhDs—Phillip Downs(University of North Carolina- All facets of the methodology, research Chapel Hill),Joseph St. Germain (Florida State University) design,analysis,and report will be and Roger Formisano(University of North Carolina- valid,state-of-the-art, and the best it Chapel Hill). can be given your research needs. • Won market research awards from the American Boynton Beach officials will never be Marketing Association,Southern Marketing Association, placed in an embarrassing situation Florida State University,College of William & Mary, where commissioners or the media University of North Carolina, Market Research Society. question the approach or analysis or • Published over 50 market research articles in prestigious the results. journals such as The Journal of Business Research and the Journal of the Market Research Society. • Taught market research to project directors at competing firms, not to mention tens of thousands of executives and college students worldwide. 27 Page 761 of 1161 4% downs & st . germain lb R E S E A R C H Facts Benefit to City of Boynton Beach • We have completed over 300 studies for governments. • There will be no learning curve.We We understand the political and cultural environments understand city governments and how of governments.We know how to present findings to introduce city government issues internally and to external audiences such as citizens and into questionnaires. the media. • Selected local government clients include Orlando, Tampa,Tallahassee,West Palm Beach, Palm Beach Gardens,Sarasota,Ocala,Winter Park and numerous other state agencies and counties. Analytical Excellence Facts Benefit to City of BoyntonBeach • The three principals at Downs&St.Germain Research all • Analytical competence is not an scored in the 99th percentile on standardized tests of academic issue. It translates into analytical intelligence. discovering relationships in data that • Based on their doctoral studies, Drs. Downs,St.Germain, save governments money and show and Formisano have state-of-the-art statistical and them what actions to take to increase methodological expertise. From sophisticated research citizen satisfaction. designs such as Latin Squares to sophisticated analyses • Our structural equation modeling will such as Structural Equation Modeling, Downs&St. enable Boynton Beach to increase Germain Research will ensure that Boynton Beach's citizen and business satisfaction with study is valid, best practice,and cost sufficient. government programs and services, • We will also ensure that results will be actionable. and to identify factors that determine whether or not citizens accept new programs and initiatives. 28 Page 762 of 1161 downs & � 4~�� � ° germain �_ �� �— �� �— � �� �� � | �� �— �� �— �� �� � �� __ _ __ . . . . �~ . . Senior' Vnvolmaonant Facts Benefit to City ofBoynton Beach ° Joseph St. Germain, Ph.D, President,will bethe Project ° There isnosubstitute for having the top Director onthis study. Hewill lead the"Discovery" two members ofour firm directly phase, bedirectly involved inwriting questionnaires and involved.Together, Drs. Downs&St. focus group scripts,bodirectly involved )ndeveloping Germain have S2years ofexperience research designs, bedirectly involved inanalyzing data, and have directed over 1,3O0market directly involved in writing reports,and be directly research projects. involved in making presentations nrresults. ° Phillip Downs, Ph.D,Senior Partner,will bedirectly involved inthe study oswell. Hxne����'���� Facts Benefit to City of Boynton Beach ° Dovvns&St.Germain Research has worked with ° City ofBoynton Beach will maximize its Fortune S0Ufirms such axBoeing,Texaco, Delta Air return onits market research dollars. Lines, United Airlines,and BellSouth. These firms demand high quality, cost-efficient market research. That's why they trust our small, boutique firm from Tallahassee, Florida. Facts Benefit tmCity of Boynton Beach ° City ofBoynton Beach will receive actionable ° Dovvnu&St.Germain Research will recommendations that will beused inincreasing citizens' work with the City ofBoynton Beach Satisfaction, identifying new programs and services,etc. after the study toensure that ° Phillip Downs, Ph.D,one ofthe City ofBoynton Beach's appropriate strategies and tactics are Project Director has presented research results and identified and implemented. strategic recommendations toover SUUgovernment and corporate boards. His understanding ofthe political culture oflocal governments and his grasp ofmarketing and strategy enable Downs toconvince boards ofthe need toadopt sound strategies based onmarket research results. Downs also works effectively with clients tohelp them understand their roles in implementing strategic changes based onresearch results. 29 Page 763Of1161 P4% downs & st . germain 2. Experience wit"h MtInicipalffies Downs&St.Germain Research(then known as Kerr&Downs Research)completed its first survey for municipal governments in 1979(City of Tallahassee and Leon County). Most municipal surveys at that time were being completed by mail with all of the concomitant problems such as low response rates, lack of assurance as to whom was completing the survey,etc. We introduced random digit dialing telephone surveys to municipalities in the 1980s. We have completed surveys for small municipalities (e.g., Lake City, Davie)and large ones(e.g.,Orlando, New York City). Having conducted over 300 studies with local,state, and federal governmental units,we understand the special constraints placed on government studies and the political implications. We understand the need for consensus,the need to consider citizens' input, and the importance of gaining support from elected officials. We also have a keen sense of the role of the media in government, and we will be available to represent the research methods and results to the media if desired. Our latest innovation to optimize validity in local government surveys is to use multi-modal data collection involving mail,telephone(cell and landline),and internet surveys. Technological advances in survey techniques, coupled with cultural and behavioral changes in citizens' daily lives,especially Millennials, necessitates continuous changes in data collection approaches and research designs. Downs&St.Germain Research, based on the academic training and experience of its three Ph.D.s, continually raises the bar on methodologies and research designs. The result is a more valid research project for the City of Boynton Beach.This translates into the fact that officials from Boynton Beach will never be placed in the hot seat of having to defend the study results to commissioners,the media, or the public. P-roject Tea m. 's Experience with slinflar projects Joseph St.Germain, Ph.D., President of Downs&St. Germain Research,will be the lead person for the City of Boynton Beach's study. St.Germain will be the primary liaison with officials from the City of Boynton Beach. This includes attending meetings and being the day-to-day contact for the study. St. Germain will also be responsible for developing the research design,writing questionnaires and focus group discussion guides, managing data collection and analysis,managing report preparation, and preparing strategic recommendations. While all project team members will be intimately involved in the project,a key advantage in hiring Downs&St.Germain Research is that the City of Boynton Beach will have a senior person who is a recognized national expert in survey and market research working on its project day-to-day rather than merely managing the project from a distance both geographically and from an involvement perspective. Joseph St. Germain, Ph.D., Director for Boynton Beach project ➢ Directed over 300 research projects for government and corporate clients ➢ Moderated over 100 focus groups ➢ 15 years of market research experience 30 Page 764 of 1161 downs & st. germain Phillip Downs, Ph.D.,Assistant Director for Boynton Beach project ➢ Directed over 300 projects for local,state, and federal government ➢ Moderated over 1,000 focus groups—about 10%for governments ➢ 35 years of market research experience Rachael Anglin, Research Director for Boynton Beach project ➢ Directed over 100 market research projects for government and corporate clients ➢ 6 years of market research experience Isiah Lewis, Research Assistant for Boynton Beach Project ➢ Worked on 25 government projects ➢ 2 years of market research experience Paul Wotherspoon ➢ Data collection manager for over 400 market research projects ➢ 20 years of market research experience Roger Formisano, Ph.D. ➢ Directed over 100 market research projects ➢ Directed over 100 strategic management projects for governments and corporations ➢ 30 years of market research experience es'ts Resumes for all project personnel are included in TAB 9. 4. Samples ofSupporting Documents Excerpts from reports and presentations for the City of Miami Beach and Palm Beach Gardens are shown on pages 32 through 51. 31 Page 765 of 1161 Page 766 of 1161 t Work Sample City of Beach Gardens s1 Resident opinion S i PALM BEACH a , F' t. ft` + ct 2i s, s t{, l=` ` Phillip Downs, Ph.D., Senior Partner t� Joseph St. Germain, Ph.D., President X13 Rachael Anglin, Senior Project Director Hope Wiggins, Project Director Downs & St. Germain Research 'w n s s t germain www.dsg-research.com 4ti Page 767 of 1161 Work PALM BEACH Executive Summary The City of Palm Beach Gardens recently hired Downs&St. Germain Research to conduct a survey of residents in order to better understand and serve the constituency. Overall, results show City officials and staff receive high ratings on programs and services. Nearly all residents recommend living in Palm Beach Gardens and most feel positive about the return on their taxes.Ths survey results measure resident preferences in a variety of areas such as growth and development, customer service, and communciations. Top Reasons for living in Palm Beach Gardens 1. Proximity to family (22%) 2. Upscale community (18%) 3. Proximity to job (13%) * Nearly all residents (94%)would definitely recommend living in Palm Beach Gardens. Biggest Concerns about living in Palm Beach Gar-den 1. Traffic (29%) 2. No Concerns (18%) 3. Growth and Development (15%) 4. Crime (15%) City Services Comprehension of services provided by the City 3.86* Satisfaction with the overall quality of City services 4.30** * Two in three residents(69%)think the City is providing all the services it should be. * One in five residents (21%) cites more activities and clubs as the most desired additional service. * Seven in ten residents (72%) are unwilling to pay additional taxes for additional services * Eight in ten residents(80%) believe that the City should continue to provide all current services. * Residents who believe that there are services the City should stop providing cite growth and development(2%of all residents) most often. * A plurality of residents (44%) believes that they should not be assessed user-based fees for services. * Most residents (91%) believe Parks& Recreation services are vital to the community. *on a scale of 1 to 5,where 1 is no degree of understanding and 5 is a high degree of understanding. **On a scale of 1 to 5,where 1 is not at all satisfied and 5 is very satisfied. City of Palm Beach Gardens-Resident Opinion Survey-2017 4 Page 768 of 1161 Work City Communication Number of meetings attended or listened to* 90% 0 - - - 91% 91% 1wF''i 5% 1 2% as 2017 V4% 2015 3% 2 3% 2006 3% 2% 3 or more 4% P2% One in ten residents has attended or listened to a City Council meeting in the past six months. Reasons for listening or attending Keep informed of City activities and r���� hd�� `sF "� � � `, '�t �' ri 65% }' i ti ii r1'�r�{�rV58% policies , '� 60% To make sure local politicians are 30% 13% doing the right thing 12% 2017 It is my responsibility to participate u� da4z�,ta 30% in local government 7% 18% 2015 2006 Listen only when something affects �-,, ,, ,, 15% 25% me directly 1% Nothing else better to do with my o time 0% o 20/0 The most popular reason for listening to or attending City Council meetings is to keep informed of City activities and policies(65%,+7%points from 2015).Three in ten residents listen to make sure local politicians are doing the right thing(30%,+17%points from 2015)or because they feel it is their civic duty(30%,+12%points from 2015). *In past six months City of Palm Beach Gardens-Resident Opinion Survey-2017 34 Page 769 of 1161 Work Sample City Services Understanding of services provided by the City* Understand6s% completely 1 tq ' il1;,r,i4(\fit S =�@ ,e}➢1l ti� ` °�F 6 4 or 5 �us � � � �I � , 60% 52% 24% 2017 3 30/D 2015 31% 02006 1 or 2 10% Do not 17% understand The majority of residents believe they have a decent understanding of the services the City of Palm Beach Gardens provides. Nearly two-thirds of residents (65%, +5% points from 2015) rate their understanding of City services a four or five on a five-point scale.The average rating is 3.86(+.03 from 2015). Satisfaction with the overall quality of City services** Extremely 85% l�Sttl t,?t.AwMiW4 ti4}ia .v if,_� �dv,«,mt,ri:;.'. satisfied 4 or 5 84% 74% _ 2017 3 w2015 - 17% m2006 ii9% Not at all 1 or 2satisfied Five of six of residents (85%, +1% point from 2015) rate their satisfaction with the overall quality of City services a four or five on a five-point scale.The average rating is 4.30(+.02 from 2015). *On a scale of 1 to 5, where 1 is no degree of understanding and 5 is a high degree of understanding. **On a scale of 1 to 5 where 1 is not at all satisfied and 5 is ver satisfied. City of Palm Beach Gardens-Resident Opinion Survey-2017 16 Page 770 of 1161 Work City Services The City should be providing more services Yes 13% --_-- 19% Fewer than one in five residents (18%, a����i�tii�i# _GiiSc�i � 44rt)� l�n!1E�t 11v, dt�# �r1, 69% .2017 +5%points from 2015)believes the City No i% _ulll�V I� r' �l% E 201 should be providing more services. 59% B2006 W12% 3%Not sure16% Additional services ,. More activities/clubs 14% 13% ' ° » « 13% Mass transit -s __ _ _ 25% More activities and clubs (21%, Traffic/road +10% points from 2015) is the improvements 20% Recreation/Dog Park 11% most popular additional service 84 residents believe the City should Police/Fire dept. "'--r�i "='y 13% 2017 improvements / provide. A significant percentage 6 Affordable housing ®2015 of residents would like to see a 200 improvements to mass transit Improve resident 6 % w„ (13%,-12%points from 2015)and communication 5% traffic/road improvements (13%, waste Management +2%points from 2015). Improve hospital 99' services/medical care 5 , Other Sy�1t¢_ aE, 16% 23% Additional taxes willing to pay $0 °' ` ' �` 72% More than seven in ten of residents(72%, 83% +23% points from 2015) are not willing $1to$50 18% to pay more in local taxes for additional services requested of the City. Nearly two $51 to$100 15/°° 2017 in ten residents (18%, no change from 02015 2015) are willing to pay about $25 more, $101to$150 "o% 2005 and about one in twenty residents (6%, 11% -9% points from 2015) are willing to pay $151to$200 �% about$75 more. $201 or more 0 12% City of Palm Beach Gardens-Resident Opinion Survey-2017 17 Page 771 of 1161 Work Sample City Customer Service9!; AW Frequently called departments in the past year __1Q% All residents were later asked Police 1Z�% what City departments they Parks&Recreation _W14"% have called most frequently 19% 6% in the past year. Over half of Building and Permitting 0%% residents (63%, +10% points Code Enforcement 0% ,2017 from 2015) did not call the 0% X2015 City at all in the past year. The Fire/Rescue "` 4% 02006 police Department (10%,-5% Planning&Zoning ---%7% points from 2015), and Parks& 6% Recreation(9%,-6%points from 63% None - 50% 2015) are the top departments s Other called, according to residents. '% ------ 9% Friendliness of City staff* Extremely friendly yr Residents who contacted the iiiwiiiiiw%����,�,City within the past six months 4or5 90% were asked to rate how ss% courteous and pleasant the 2017 �.,tt,S €� 12% City staff are. Friendliness of a 5% 02015 City staff receives high ratings s% 02006 as five out of six residents (85%,-5% points from 2015) 44U rate the staff as a four or five 1 ort 5% on a five-point scale. Not at all 7% friendly Effectiveness of City staff* Extremely 74% effective 4ar5 i�i>>I 83% The same residents were asked to 70% rate the effectiveness of the City staff x,2017 in resolving residents' problems. The 13% effectiveness of City staff also receives 3 7% 22015 high ratings as three in four residents $% 22006 (74%,-9% points from 2015) rate the IN effectiveness of City staff as a four or 1 or 210% five on a five-point scale. Not at all 22% effective *On a scale of 1 to 5 where 5 is the most_uositive answer. City of Palm Beach Gardens-Resident Opinion Survey-2017 29 Page 772 of 1161 f " kSam le MIAMIBEACH i i V , CITY 9 y : M IAMB BEACH COMMUNITY SATISFACTION SURVEY FINAL REPORT f a r z kerr&downs R E S E A R C H Page 773 of 1161 - - Sunirnary of Residential Survey Quality of life 77 Somewhat high Trending down 89 - ... ..... -- .......--...._ Place to live-compared to a few years ago 38 Average Trending down 47 a...._ a _ ��. -------- Recommend Miami Beach 81 Somewhat high Trending up 77 Street cleanliness in neighborhoods 68 Average Trending down 74 ----- - Street cleanliness in commercial areas 61 Average Trending down 69 Cleanliness of canals/waterways 53 Below. average Trending down 57 ...... ....,__. —_ ------ Storm drainage 25 Very low Trending down 37 _ -- Sidewalk conditions 50 Below average g a Trendin dawn 58 ......... Street lighting 65 Average Trending down 71 - ...... -- __ Appearance&maintenance of public buildings 79 Somewhat high Trending down 87 _ - — _ Quality of beaches 82 High Stable 84 .....- ---......_ ... ..... -.__. -_._ Recreation programs 79 Somewhat high Trending down 85 - ........... _ ,., __ _ Playground appearance 81 High Stable 84 - ------- .... Park maintenance 76 Somewhat high Trending down 82 Landscape maintenance 70 Somewhat high Trending down 79 ....._.._ _. ..-.-.- - Garbage&trash collection 79 Somewhat high Stable 81 _ ............,, ......... _- ---- ---.-.... - ......__.- Addressing homelessness 37 Very low Trending down 42 Public schools 75 Somewhat high Trending down 90 Efforts to be"green" 59 Below average Trending down 66 Meet expectations for City services 58 Below average Trending down 67 _ ........... _ _ Level of code enforcement 62 Average Stable 61 Neighborhood noise 69 Average Trending down 75 - ------- _.... ........._ - Tax dollar spending for rising sea levels 87 High Effectiveness of historic preservation efforts 74 Somewhat high Trending down 78 - ........... Efforts to regulate development 53 Below average Stable 55 Car-primary transportation 73 High Stable 74 ......... ..... ....-_ Walking or biking-primary transportation 11 Low Stable 11 -.._ Public bus-primary transportation 6 Low Stable 4 - _ _..... Parking availability-about right 24 Very low Stable 27 Traffic flow 16 Very low Trending down 23 ........... Road condition 32 Very low Trending down 44 Willing to ride bus 49 Low Stable 49 Willing to ride bicycles 39 Very low Trending down 48 _ - ------- _.... _.... Availability of bike paths/lanes-about right 40 Below average Trending down 45 .... Willingness to reduce on-street parking for 46 Low Stable 43 bike lanes Willingness to reduce on-street parking for 43 Low Stable 40 shade trees 1 Very high—90%+;High—809/.+;Somewhat high—70%+;Average—60%+;Below average—50%+;Low—40%+;Very low<40%. 2 2014 results were compared to 2012 results for issues related to City services. — Kerr&Downs Research Page 774 of 1161 Drivers of residents' ratings of living in Miami Beach Children in public school Satisfaction with local schools Caucasian -, Satisfaction with the cleanliness& maintenance of the City Hispanic Satisfaction with code enforcement& regulation Age Rating of living in Miami Beach Availability of parking [Household income ��"'` Positive experiences with City officials Males • Green Pines denote positive relationships. For example,as satisfaction with local schools increases,the rating of living in Miami Beach increases. • Bed Pines denote negative relationships. For example,as household income increases,satisfaction with local schools decreases. • The width of the line denotes the strength of the relationship. Ker,&Dow-ris Research Page 775 of 1161 - - e o r Le-- Drivers of businesses' ratings of Miami Beach as a place to run a business Satisfaction with code enforcement& development Years in Miami Beach - Importance of tourism &beaches Positive experiences with City officials Gross annual Rating of Miami Beach sales/revenue Traffic flow in Miami as a place to run a Beach business Satisfaction with emergency services My employees and feel safe Number of locations in Miami Beach • Green lines denote positive relationships. For example,as satisfaction with code enforcement&development increases,the rating for Miami Beach as a place to run a business increases. • Red lines denote negative relationships. For example,as the number of locations within the city increases,satisfaction with emergency services decreases. • The width of the line denotes the strength of the relationship. Kerr&Downs research Page 776 of 1161 MEMEMEMMW-W-Of" Rating for Nisei Beach compared to a few years ago' Better than a few years ago 47% In Worse than a few years ago 37% 39% 38% - 32% 0About the same as it was a few 30% 29% years ago 1124% 21% 2009 2012 2014 1 As a place to live,how would you compare the City of Miami Beach to a few years ago? Ratings for Miami Beach compared to a fear years ago by zone.- About one:About Better Worse the same Total 38% 29% 32% ——.. - .. Condo Corridor 43% 29% 28% ......_. —- -...-----1", Mid Beach 30% 35% 35% - ... -..-.__.-..-. —... --------- o North Beach 38% 21% 41% _._. - --------111.11111111111 I South .. ....-- South Beach& 41% 30% 30% Belle Isle - — — South Pointe 40% 33% 27% 2%of residents responded"Don't know"when asked this question Page-777-65T-Ml- In OM -Wor"M-Ple- Ratings for cleanliness of streets'. 75% 74% 68% 71% 69% 61% MM Excellent+good 90/ Fair+poor 133%. 31% 29% 25% 26°� 2009 2012 2014 2009 2012 2014 Cleanliness of streets in neighborhoods Cleanliness of streets in business areas Ratings for deardiness of neig[,I orho d streets by zone: Excellent Good Fair Poor Total 24% 44% 19% 14% Condo Corridor 25% 50% 15% 10% Mid Beach 26% 42% 21% 11% North Beach 22% 44% 19% 15% South Beach& 17% 45% 23% 14% Belle Isle South Pointe 28% 37% 16% 19% 0%of residents responded"Don't know"when asked this question a ir" s for cleanliness of streets in business areas by zone: Excellent Good Fair Poor Tota l 15% 46% 25% 14% Condo Corridor 16% 54% 20% 11% Mid Beach 13% 44% 32% 11% North Beach 16% 48% 24% 12% South Beach& 11% 43% 28% 18% Belle Isle ..— _.....---- ......... _.._........ South Pointe 18% 41% 22% 20% 2%of residents responded"Don't know"when asked this question 1 How would you rate the cleaniness of streets in your neighborhood?How would you rate the cleanlines of streeets in commercial areas? Kerr&Downs Research s «- Page 778 of 1161 I-Wark-Sa mmpte- sit the o�.jth of 5th Street business area by zone: 2 or 3 Two or times a three Once or week or Every times a Once a twice a more week month month year Never Total 23% 11% 14% 20% 15% 17% ...... Condo 11% 13% 14% 24% 13% 24% Corridor ........................ . Mid Beach 12% 11% 16% 25% 21% 15% -........ _ ......._. North Beach 4% 9/0 16% 18% 30% 22% �...._.- ...... ..-. South Beach& 33% 11% 15% 20% 10% 11% Belle Isle _._._._._-...._.... - South Pointe 54% 10% 11% 11% 2% 13% 2%of residents responded"Don't know"when asked this question Visited the SUnset Harbor business area by zone; 2 or 3 Two or times a three week or Every times a Once a Once or more week month month twice a year Never Total 18% 15% 9% 11% 12% 34% z --------------- mm e Condo 10% 19% 12% 15% 37% Corridor _.... _.... ..... .. ._...... _. Mid Beach 29% 19% 7% 11% 8% 26% .... ...,...... . --------------------- - ________ North Beach 7% 11% 9% 10% 17% 46% South Beach&Belle 24% 16% 8% 9% 15% 29% Isle _._._. .. South Pointe 21% 12% 12% 12% 12% 31% 7%of residents responded "Don't know"when asked this question Visited the o ins (72nd-75th) busiriess area by zone: 2 or 3 Two or times a three week or Every times a Once a Once or more week month month twice a year Never Total 25% 13% 10% 13% 14% 25% Condo 30% 20% 13% 11% 17% Corridor 1 111111111 ------- _._._._. _ ... Mid Beach 17% 11% 10% 16% 15% 31% North Beach 52% 18% 9% 9% 7% 5% ..... ............ _ South Beach&Belle 15% 6% 10% 15% 18% 36% Isle South Pointe 12% 10% 8% 16% 18% 36% 2%of residents responded"Don't know"when asked this question Kerr z Downs Research age o 1 - - - - J -i r k Selected Oties City of 2014 Vs.2012 Vs.2009 Miami Beach Number of Miami Beach Comparison Comparison Comparison Question Rating Rank Jurisdictions Percentile to Norm to Norm to Norm Rate quality of life 64 7 18 65% Above Much below Above _ .. ................. . _ Storm drainage 27 13 14 7% Much below Similar Below ------ .......... _._ Adequacy of street 57 8 15 46% Much above Similar Above lighting _. Appearance and 64 NA NA NA NA Similar NA maintenance of City's public buildings Overall quality of 70 NA NA NA NA Similar NA beaches _ .. ... ...... Recreational programs 67 5 17 75% Much above Similar Above Appearance of 67 NA NA NA NA Similar NA playgrounds - - _......... .....--- Landscape 61 NA NA NA NA Below NA maintenance in rights of way/public areas -- --— .............. .. - -- — ................ Garbage/trash 64 17 19 11% Much below Similar Below collection Traffic flow 21 13 13 0% Much below Much below Below —...._................. _..._ Condition of roads 35 8 10 20% Much below Below Similar .....— -.......__ ................--- -—-- .. Police 61 14 17 23% Much below Similar Above ..... ..... Emergency Medical 79 9 21 58% Below Above Similar Response Fire 80 10 10 18% Much below Similar Above ... ........... -- Safety in your 91 2 15 89% Much above Similar Above neighborhood-day Safety in your 78 5 15 77% Much above Similar Above neighborhood- evening .... — ........ Safety in business/ 73 4 13 75% Much above Similar Above commercial areas- evening Value of City services 54 6 16 70% Above Similar Similar for taxes paid 111111111 Employees that 73 7 12 53% Above Similar Above assisted me were courteous -------- ...... Employees that 69 11 13 17% Below Similar Similar assisted me had proper training Satisfied with 62 11 14 23% Much below Below Similar experience -------- o - --------... _ City Gov't is open and 62 9 14 38% Similar Similar Above interested in hearing resident concerns Page 780 of 1161 q rl-Sample-] Rating for the condition of sidewalks' 66% 64% 61% Excellent+good 39% Fair+poor 34% 36 2009 2012 2014 1 How is the condition of sidewalks in the area surrounding your business? Rt.ins for the condition of sidewalks by zone: Excellent Good Fair Poor Total 15% 46% 22% 17% -..-...... _..... - . North Beach 9% 55% 23% 13% Mid Beach 18% 44% 20% 18% _.._.. .........._. _�� ............._. m South Beach 17% 40% 24% 20% 2%of businesses responded"Don't know"when asked this question &Downs Resewch Pay '1 Work _ - quality) — 16. Recreation programs 01 02 03 04 05 17.The appearance of playgrounds 01 _ 02 03 04 05 _- ... w 18.The maintenance of parks (for example, cleanliness, 01 02 03 04 landscape maintenance) 19. Landscape maintenance in rights of way and public 01 02 03 04 05 areas 20. Garbage/Trash collection 01 1 02 03 04 05 �. 21.The fob the City is doing to address homelessness 01 02 03 04 05 F 22. City government's efforts to be a "green" or 01 02 03 0405 sustainable city � w �. �,. Ahora le leere una lista de caracteristicas, servicios o programas de la Ciudad. Por favor califique cada una Como excelente, buena, regular o mala. caracteristicas ... .. Excelente Buena Regular MalaNS 18. Limpieza de las caller en su vecindario 01 02 03 04 05 9. Limpieza de las calles en areas comerciales 01 02 03 04 05 y de negocios 10. Limpieza de canales y vias de agua 01 02 03 04 05 —_..._. — 11. Drenaje de aguas Iluvias (para evitar 01 02 03 04 05 inundaciones) 12. Condiciones de las aceras (pocas o 01 02 03 04 05 I estado en que se encuentran) � 13. Adecuada iluminacion de las calles de su 01 02 03 04 05 vecindario (si es suficiente, si las lamparas funcionan) _.. 14.Apariencia y mantenimiento de los 01 02 03 04 05 edificios publicos de la Ciudad 15. Calidad general de las playas (limpieza, 01 02 03 04 05 calidad del agua, etc.) _ ..._ _ 16. Pro ramas recreativos 01 02 03 04 05 17. Apariencia de los campos de juego vv w 01 02 03 04 05 ......__. --_ -� 18. Mantenimiento de parques(por ejemplo 01 02 03 , 04 05 limpieza y mantenimiento de zonas verdes) 19. Mantenimiento de zonas verdes en areas 01 02 03 04 05 4 publicas y peatonales 20. Recoleccion de basuras y escombros 01 02 03 �� 04, 05 _. ............................... [prob1. Capacidad de la Ciudad para atender el 01 02 03 04 05 22 Los esfuerzos del gobierno d � � � lema de los i digentes e la ciudad 01 02 03 04 05 por ser una ciudad "verde" Page 782 of 1161 s eek sgs s s s 1 m as uW =a r r a , s S� t s 01�'�"��t NOW ns Page 783 of 1161 Ln C: 3� , 0 a < 06 r-i r1i Ah a MEN= W a Room summon 4— 00 0 LD- 4-d M nomummm C) C) LA DOor O tA (L) LA _0 L) Z I I I I LA (V tA 0 LlL tAr to LA 3 q C 0 z LA E U LA ra 4- LA ai -S :6 Lr L U 0 L- U cu 4- L- IV tA LA = O. 0 0- 0U Qj 4- tA m mom= U E c L) 4-1 tA C 0ca E -Se Ln 0 4� 0 41- Q) -a . E O. 0 4-1 UCL ci > tA 0 > 0 0 ez > w 0 0 OL E 0 Ln LA CL 2 Q) L- Q) w > > M E 0 4� tA 0 E0 z CL CL E E _0 0 — OL 0 U O 4- ru LA 4- 0 0 0 Z^ tA Ln 0 Room —0 cz W :t� U L- (V Q) V) 4� rd U < CY 0 QJ U Uj 0 0> CU CIO 1,j rdLA CL a) no ai E 1- U 0 ,0000's' Page 784 of 1161 (/)I= 3 " o � 70 00 dl M N d1 m 0000 0000 LP1d. 00 00 00 00 00 Lin -- W a E ' M N O 4-J +-+ N N o v 4 a� a1 a s u u o r� O rz u v U V) 4-J o_ CL V) -a c� m + o_ uE Q) M a rz v -J 4 O .� , o E � E o 0 O >• "B V cn 4-0 s C O '� E O — O ctJ o .Q i S u a i Cl) O ; N Ol V �` Z w v cn N i O1LLJ Z E 4J O u U w - - 0 Page 785 of 1161 O <:r 06 s d Q Q ' Q \ Q nr',,,. NN CO NV) N M M N M M M Ah 0 kA oo 0 0 m l0 r- N N V) Ol 0.. - = M M M N OR o � o cl Q0 Q I � 00 1� M d' N M M It t 00 l0 M O O M M M M d' r � OR0 0 0 � o 00 00 d' CO O l0 M M M M � d' 0 0 0 0 r- 00 M d• l0 d' M M LP1 It e 0 0 0 � 0 0 CO 0) Ol d1 CO 00 d' M M d' Ln i N b O ` LA LU O 4-J sam-MEM _0 s. U 4-+ U 4-+ U 4J +-J ca O U U m Z O O — O N O N a� O O Em l/1 m m un f— Page 786 of 1161 Page 787 of 1161 Page 788 of 1161 1qM downs & st . germain 4b, RES EA '--' RC H T - Schedule 1- IJilrieline The schedules for"survey years" (2018,2020, and 2022) and"focus group"years(2019 and 2021) are shown below. It is important for officials at Boynton Beach to know that Downs&St. Germain Research has never missed a deadline on a municipal study. Timeline for Boynton Beach Surveys DAYS 1-14 DAYS 29-56 DAYS 71-98 QUESTIONNAIRE DATA DL4TL�li�f�4ENT x e 1NALY5I5 PRES NTAT IN o R l� ■ P e8 i DISCOVERY DATA REPORT COLLECTION PREPARATION DAYS 15-28 GAYS 5-7-76 TBD The timeline for surveys as described in the graphic above is a "comfortable"schedule for Downs&St. Germain Research. Holding to this schedule is contingent upon timely interaction with officials from Boynton Beach. For example,we have two weeks(days 15—28)for questionnaire development. if we present a draft questionnaire to Boynton Beach on day 22 and we do not receive feedback until day 35, then the study will be 7 days behind schedule. in the event that Boynton Beach is slow to provide feedback on questionnaire drafts, report drafts,etc.,we will do everything possible to get the study back on schedule. The City of Boynton Beach has allocated 120 days for the surveys,since our timeframe has us finishing on day 98,there are 22 extra days in case Boynton Beach officials need more time to review deliverables such as the questionnaire. 52 Page 789 of 1161 4% downs & st . g ermain Ob R E S E A R C H Timeline for Boynton Beach Focus Groups DAYS 1-14 DAYS29-42 DAY?57-17 rlrvflOPsyOPf MOD HATE ' GROUPS r�#tE ENTAr�N DISCOWAY RECRUIT REPORT C11 17f NS, PREPARATION GAYS 15-M HAYS 43-56 TBO The timeline for focus groups is 77 days as shown in the graphic above. From the preceding timelines, Downs&St. Germain Research will not come close to needing 120 days to complete surveys or focus groups UNLESS the City of Boynton Beach requires additional time to review drafts of questionnaires,focus group scripts, reports,etc. We are able to complete survey and focus group studies quickly because we limit the number of projects we work on simultaneously to ensure that we have enough capacity to complete studies. Part of our philosophy is to ensure that each key component of a study(e.g., questionnaire content, programming of questionnaire, analysis of data, report drafts,final reports, PPT presentations) is reviewed by at least three of our senior people. So not only do we deliver on time,we offer quality deliverables that most often do not require revisions. S3 Page 790 of 1161 Page 791 of 1161 Page 792 of 1161 downs & st. germain References* Elicia Sanders,Assistant to the Manager City of Palm Beach Gardens esanders@pbgfl.com 561.799.4238 10500 N Military Trail, Palm Beach Gardens, FL 33410 ➢ Conducted surveys of citizens and conducted focus groups Christine Potter, Director of Communications Children's Services Council of Palm Beach County Christine.Potter@cscpbc.org 561.374.7608 2300 High Ridge Road, Boynton Beach, FL 33426 ➢ Conducted focus groups and surveys of citizens Dr. Leslie Rosenfeld,Chief Learning and Development Officer City of Miami Beach LeslieRosenfeld@miamibeachfl.gov 305.673.7020 1700 Convention Center Drive, Miami Beach, FL 33139 ➢ Conducted surveys of citizens and businesses,and conducted focus groups Dorritt Miller, CPA,CIA,CGFM, Deputy City Administrator City of West Palm Beach DMiller@wpb.org 561.822.1400 401 Clematis Street,West Palm Beach, FL 33402 ➢ Conducted surveys of citizens Michelle Klase Robinson Tampa Bay Water(consultant to Tampa Bay Water in charge of research) mrobinson@dialogue-pr.com 727.580.9013 PO Box 96,Safety Harbor, FL 34695 Conducted surveys of citizens and businesses,and conducted focus groups *Reference submittal form is contained in TAB 9. 54 Page 793 of 1161 Page 794 of 1161 Page 795 of 1161 Page 796 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT COST PROPOSAL FORM Proposers should use this form for submitting its Fee Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. The Proposer's fee for public opinion surveying services shall remain firm for the term of the Agreement. The option for renewal shall be exercised upon mutual agreement between Contractor and City, by written agreement with all original terms and conditions adhered to with no deviations. ITEM DESCRIPTION LUMP SUM PRICE YEAR 2018 - TOTAL NOT-TO EXCEED PRICE FOR ALL 1 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FURNISH ALL DELIVERABLES AS $4� ��,� DEFINED HEREIN. YEAR 2019 TOTAL NOT-TO EXCEED PRICE FOR ALL 2PROFESSIONAL SERVICES TO CONDUCT THE INTERACTIVE FOCUS GROUPS AND FURNISH ALL $ � DELIVERABLES AS DEFINED HEREIN. YEAR 2020 - TOTAL NOT-TO EXCEED PRICE FOR ALL 3 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FURNISH ALL DELIVERABLES AS DEFINED HEREIN, YEAR 2021 - TOTAL NOT-TO EXCEED PRICE FOR ALL s 4 PROFESSIONAL SERVICES TO CONDUCT THE INTERACTIVE FOCUS GROUPS AND FURNISH ALL $_ DELIVERABLES AS DEFINED HEREIN. e YEAR 2022 - TOTAL NOT-TO EXCEED PRICE FOR ALL 5 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FURNISH ALL DELIVERABLES AS $ � `3? ) DEFINED HEREIN. YEAR 2023 - TOTAL NOT-TO EXCEED PRICE FOR ALL 6 PROFESSIONAL SERVICES_ TO CONDUCT THE _ INTERACTIVE FOCUS GROUPS AND FURNISH ALL $ DELIVERABLES AS DEFINED HEREIN. GRAND TOTAL (ITEMS 1 THRU 6): $ 1 S 9Z J— COMPANY NAME THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 797 of 1161 Page 798 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-181IT COST PROPOSAL FORM (CONTINUED) In addition to the pricing offered above,Proposers shall submit a detailed itemization of costs that reasonably justifies the lump sum amount offered for the base and optional work. Proposer should also attach a copy of its rate sheet for use in prici additional services as needed. IS ky" COMPANY NAME ORIZED SIGNATURE TELEPHONE NO. PRINTED NAME U` CISH -fie C(jv -MAIL ADDRESS TITLE DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 799 of 1161 Page 800 of 1161 downs & st . g ermai n 1W R E S E A R C H Downs & St. Germain Research Rate Sheet In accordance with stipulations on page 25 of RFP#026-1810-18/IT, detailed itemization of costs submitted on the "Cost Proposal Form"are detailed below along with a Rate Sheet for other research services. We will NOT increase costs year-to-year. Detailed Costs for 2018—Public Opinion Survey of Residents& Businesses • Backgrounding&discovery $ 2,000 • Sampling plans $ 2,000 • Questionnaire development $ 3,000 • Pretesting $ 1,000 • Data collection $27,975 • Data tabulation $ 2,000 • Data analysis $ 5,000 • Report preparation 5,000 $47,975 Detailed Costs for 2019—Focus Groups • Script development $ 1,000 • Recruiting participants $ 500 • Incentives for participants $ 500 • Moderating $ 1,000 • Facility& refreshments $ NC • Videotaping $ 250 • Analysis $ 750 • Report 1,000 $ 5,000 Cost for 11t focus group. Successive groups will be conducted for$4,250. Detailed Costs for 2020—Public Opinion Survey of Residents& Businesses • Backgrounding& discovery $ 2,000 • Sampling plans $ 2,000 • Questionnaire development $ 3,000 • Pretesting $ 1,000 • Data collection $27.975 • Data tabulation $ 2,000 • Data analysis $ 5,000 • Report preparation 5,000 $47,975 2992 Habersham Dr. • Tallahassee, Florida 32309 (850) 906-3111 • FAX(850)906-3112 • http://www.dsg-research.com Page 801 of 1161 Page 802 of 1161 downs & st . g ermain 1W R E S E A R C H Detailed Costs for 2021—Focus Groups • Script development $ 1,000 • Recruiting participants $ 500 • Incentives for participants $ 500 • Moderating $ 1,000 • Facility& refreshments $ NC • Videotaping $ 250 • Analysis $ 1,000 • Report 750 $ 5,000 Cost for 1st focus group. Successive groups will be conducted for$4,250. Detailed Costs for 2022—Public Opinion Survey of Residents & Businesses • Backgrounding&discovery $ 2,000 • Sampling plans $ 2,000 • Questionnaire development $ 3,000 • Pretesting $ 1,000 • Data collection $27,975 • Data tabulation $ 2,000 • Data analysis $ 5,000 • Report preparation 5,000 $47,975 Detailed Costs for 2023—Focus Groups • Script development $ 1,000 • Recruiting participants $ 500 • Incentives for participants $ 500 • Moderating $ 1,000 • Facility& refreshments $ NC • Videotaping $ 250 • Analysis $ 1,000 • Report 750 $ 5,000 Cost for 1st focus group. Successive groups will be conducted for$4,250. 2992 Habersham Dr. • Tallahassee, Florida 32309 (850)906-3111 • FAX (850) 906-3112 • http://www.dsg-research.com Page 803 of 1161 Page 804 of 1161 Page 805 of 1161 Page 806 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: PUBLIC OPINION SURVEYING SERVICES RFP Number: 026-1810-18/IT RFP Received By: JULY 23, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JULY 23, 2018, NO LATER THAN 2:30 P.M. JLOCAL TIME)and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional Federal I.D. Number: A Corporation of the State of: 1 ku Area Code: Telephone Number: s m Area Code: FAX Number ` Mailing Address: C{ City/State/Zip: al � rzC. T=t� Z?, E-mail Address: Authorized Signature If f � — Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 807 of 1161 Page 808 of 1161 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "PUBLIC OPINION SURVEYING SERVICES" RFP NO.: 026-1810-18/IT DATE SUBMITTED: _ �J1 I We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM ATE ADDENDUM DATE �� cY�� a ®� /NOADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 809 of 1161 Page 810 of 1161 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. *attach additional sheets giving the information 1. Name of Qualifier: i 2. Business Address: 2'Act 2- Q\, a �J� 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 5 5 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. Z 0 F j G S 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. _ 11. Have you ever defaulted on a contract? If so, where and why?* NJ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 811 of 1161 Page 812 of 1161 REFERENCES FOR L)ottirs�S , NAME OF FIRMS � Company Name: w ! Address: t r 1 ac -3313 e _ Contact Name: —��� �� �' — ... fe Phone Fax: — �d—w. E-Mail: " �lu ✓ plWcLeo✓ Company Name: __�w..— _ — —_. —_ _— — � � If j Address f m —.. S` Contact Name: f � I Phone —._ Fax: j E-Mail: S� f of - —.,.— �! eCS Company Name: a —_.— I �__..... Address: ...—.u__YG 1.. c _._..�. Contact Name —. Phone: Fax: 2, E-Mail: Company Name. Address. —..... Contact Name: — j Phone: Fax: E-Mail: `7 'a r7 s---S—� r THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/IT Page 813 of 1161 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone# V - -CX L113 :70 rl-)C, jfz 4` r C CA C, i Leslie kp'seli,60 6 23 7?6ZO 13. Contracts on hand. 14. Largest completed projects (include final cost). r /- C- 1 -0 C- C, 3) OCS, -I I - 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: * ILJOAJE 2) occurred within the last 4 years: AjoAl F- 3) provide case number and style: rt==r I Dated at. mt, this day of 20 By: (written signature) Name: � P" p inte:0 or tped) Title: A-0 THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/1T Page 814 of 1161 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA COUNTY OF PALM BEACH SS I,the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. rt By: 4 -- N ME-SIGNATURE Sworn and subscribed before me this 0 day of x , 20 116 Printed Information: NAME r-.r.(.C-/K toc,r 5�-- TITLE NOT PUBLIC, Sta of Florida at Large COMPANY RACFIAEI.ANGI.IN A.._. MY COMMSSION 0 GG 228201 'w EXPIREb".June 22,2022• Bonded Tiru Nofa�yPu6ac UndawdlaR "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/IT Page 815 of 1161 NON COLLUSION AFFIDAVIT State of County of being first duly sworn, deposes and says that: 1) He/She is %r\kU - ?QAfkU V of Dnk .enc k �1;:;- v.l ithe qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 026-1810-18/IT for PUBLIC OPINION SURVEYING SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any_ot ,, its agents, representatives, owners, employees, or parties in interest, includingthi ri (Signed)_�,�_ ' i' (Title) Subscribed and sworn to before me 20 _ .: RACHAELANGLIN •\IgYO This day of MYCOMMISSION GG22S,. •` �, Pa: EXPIRES.June 22,2022 �. 0V 7 FOF FLo Bonders Thru Notary Public UndeMrriters Y My commission expires �Nl ....— —..—......_._ THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/IT Page 816 of 1161 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company, Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? XIC Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER ( ) NOT APPLICABLE (specify) Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/IT Page 817 of 1161 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 1 " Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/IT Page 818 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: fr'P / Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/IT Page 819 of 1161 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION f, 1,6 the (NamW76f officer of company) � of Titie of officer of company) 5,���), 14 & located at L of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it(�v�l ?'eemed to be a local business for purposes of the city of A Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: (A-) limits YES Number of Years: 1. Is the business located within the City NO'� of Boynton Beach, Florida? Number Years- the a business tax( NO Business License 2. Does the business have Number. receipt issued in the current year? , NO the business registered with the Florida YES 3. Division livision of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local businetl\ Signature: Print Name: ***FOR PURCHASING USE ON Y*/ Business License 21�Year Established: 0 ;-o19- Active: t 'r® Verified by: - Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No.026-1810-18/1T Page 820 of 1161 V ( f cc U 1 ( E :i-: cn = z o ( I I I c CDI o ----------- CL aw) Cu I 00� I I mzcu � � Z Iia ii ! ' I IJcu oo°' I I I a ,3:, C c 3 (— — —� -C C) ( ° I L N ° E a) CD cu C CD cu L E LU W o oLU 0 ID cu al W �' o OZ Cc CD Qoo U �- -� : _ O m ca W W1 �V O II I I N Od I •C C N or in coo CCU: C a INL I j I II rQ CU) �ID U) � LL u' CL aO pO Z UM - o 2cu - Uo Z - t IICLL 0 LU a) ccOL o M V D' L •u) �� I �) ° 3� 0 zp ca o -0Lu 0 o W ( C ZO N Ca do o r Q L O VJ. r+ I I I I C 0 N 'Q O cu oN I ° ° ° OL 0 U cu (D -0 co � o � . .L c6d Z I I ( (0 m o O U -(D +'C+ ! C !n N1 Q 0., 7 I I U O V O _ N N .2 O ..,�,.�._. —..1�. �. .—,.L—I-..�.�...... N C C .0 I— C m 0 R 3 0 F- O 0 Page 821 of 1161 STATEMENT OF NO SUBMITTAL lease complete and s form to: If you are not SERVICES, City ofrreturn Boynton Beach, 100 E. Boynton Beachl PROCUREMENTT Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: _�..... TELEPHONE: SIGNATURE: .�..,—.w_�...—w..—w.��.._....—..�.. ._....._ DATE: WE, the undersigned have declined to respond to your RFP No.: 026-1810-18/IT for "PUBLIC OPINION SURVEYING SERVICES" because of the following reasons: Specifications too"tight", i.e., geared toward brand or manufacturer only(explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other (specify below) REMARKS: 36 Page 822 of 1161 Jms*pli,St.Geriiiairt, Pli.D. E'ducation ° Florida State University o Ph.D. in Educational Psychology with a Sport Psychology major o K4.S. /nEducational Psychology with aSport Psychology major o Received the College ufEducation Teaching Fellowship u Certificate in Measurement and Statistics ° DnivexnityofoNinnenoto—Du/uth o B.A.S. in psychology, Minor in coaching o Graduated cum laude and with departmental honors f'rl�/i!usioinml L,�'xparienre� Downs&St.Germain Research,President ° Manage market research projects for local,state,and national clients ° Design research methodologies customized toclient's needs ~ Conduct research via telephone, mail,web surveys, in-depth interviews,and focus groups ° Analyze qualitative and quantitative data ° Develop strategic recommendations to guide client's future marketing and business decision • Prepare reports ofresearch results ° Present research results and recommendations ° Prepare and submit proposals Flag|erCoNege Professor ° Teach market research tnstudents Florida State University,Academic Advisor ° Provided academic advising tostudents inthe College ofHuman Sciences ° Chair ofthe Soc/akTeambui(dingCommittee ° Chair ofthe Policy Committee ° Served onthe Peer Mentoring Committee ° Leader ofaPeer Mentoring Group ° Presenter atNACADARegion /VConference:March 2006 ° Aided inplanning and coordinating nythe IUU7NA[AD4Conference ° Workshop facilitator for Orientation Workshop:April 20OG&20O7 ° Conducted Preview and Orientation presentations ° Performed student outreach activities Graduate A/aisuont-'Academic Advisor ° Advised students * Created First Year Experience(FYE) presentation Page 823Of1161 Phillip E.Downs,M.D. L��ducotimm ��� -� -- ------------- m PhD. University ofNorth Carolina,Chapel Hill, 1976 � KA.B.A.-Bowling Green State University, 1972 � B.S.-Bowhng Green State University,1970 Commmltimqqf�vpevIence Downs&St.Germain Research o 1984-Present,founding partner o Project Director for over 1,UUOresearch projects o Moderated over 1'OOQfocus group interviews Prcfismsiamal&Aoodenrde,:�Presentations --------- - -� - � 1975-pnesent-5Opresentations �atthe AmericanMarketing Association,Southern Marketing Association,Academy mfkOar�ting Science,Southea�ennAmehcan \nst�uteofDecision Sciences, National Operations Research Society ofAmerica/The Institute mfDecision Sciences,Mid-South Marketing Educators'Conference,American Society of Association Executives,American Association ofPublic Opinion Research,Journal ofPublic policy&Marketing Academic L-,-,qveriemmo Professor ufMarketing, Florida State University � Associate Professor ofMarketing,Florida State University � Assistant Professor ofMarketing, Florida State University � Assistant Professor of Business Administration,College of William and Mary Homwmmmwd Awar'ds __ -- -� ---- � ~ AmehcanK8arketingDoctoral Consortium Fellow m Southern Marketing Association-Steven J.Shaw Award Best Paper Award • Southern Marketing Association-Best paper in the marketing research track m Tallahassee Society nfAssociation Executives-President's Award • Tallahassee Society ofAssociation Executives Associate of the Year • F|nridaStateUniversity-OutstandingTeochingAward • American Marketing Association-FSU Chapter,Outstanding Marketing Teaching Award • American Society of Association Executives,Marketing Section Council Member m Florida Society ofAssociation Executives,Associate Member ofthe Year Publications --��--35a'rtivdes-i-n-The -Marketing -Forum,Journal -of-the -Aca.emy ofMarketing Science, Journal ufPublic policy&Marketing,Handbook ofBusiness Planning and Budgeting,Journal ofBusiness Research, Developments inMarketing Science Volume\\'Journal ofthe Market Research Society, Marketing Management:Strategies and Cases, Developments inMarketing Science,Volume|,Contemporary Marketing Thought Page 824Of1161 Roger FortYkisano,P11.1), • Ph.D.-University of North Carolina-Chapel Hill • M.A.—University of New Hampshire • B.A.—University of New Hampshire ,'r 00'SSirrrrrri vper-ir,rrce • Downs&St.Germain Research o Associate Partner(2001—Present) o Strategic planning o Present research results and recommendations • Prepare and submit proposals • Formisano&Company o Founder and principal(2001—Present) o Strategic business consulting with an emphasis on strategy articulation and execution,leadership development,and M&A advisory services.The firm has served clients from various industries, and wide-ranging size differences. • University of Wisconsin Medical Foundation o Vice President of Leadership Development and Strategy(part-time 2001—present) o University of Wisconsin Medical Foundation is the functional organization for 1,050 physicians practicing at UW Health sites. • Visiting Professorships o Dr. Formisano currently serves as a Visiting Professor on the business school faculty at HEC in Paris,and ISTCE in Lisbon;where in both cases he teaches Entrepreneurship and Strategy in the MBA program. He also currently teaches the Mergers&Acquisitions course in the eMBA program at UW-Madison. • United Wisconsin Services o Executive Vice President and Chief Operating Officer(1992-1999) o Formisano served as Executive Vice President and Chief Operating Officer for United Wisconsin Services,a multi-line, publicly traded insurance company,where he had full responsibility for business units totaling$500 million in revenue with over 600 employees. Formisano served as President of Compcare, one of the state's largest HMOs and Meridian Resource Corporation,a consulting firm he founded as a subsidiary in Madison,Wisconsin. • Integrity Mutual Insurance Company(1986-Present) • Audit Committee Chair(2001-Present) • Wisconsin Sports Development Foundation(2006-present) • Badger State Games(1999-2001) Page 825 of 1161 Rachael Aiigfin Education � University ofGeorgia,Athens,Georgia o Bachelor ofArts,Public Relations, Magna Cum Laude o Minor,Sociology Professional Experience _ _____________ �����`�� ° Senior Project Director, May 2014—Present o Downs&St.Germain Research,Tallahassee, FL o Assist in the development of questionnaires,surveys,analysis and reports. o Conduct in-depth data analyses using traditional and advanced methods. o Co-author reports containing actionable recommendations. * Public Relations Intern,January 20l4'May IO14 o Pure Barre,Athens,GA b retention rates and sales o Develop, implement and evaluate campaigns tuincrease memer�, o Oversee research,8oabandobjeot\ves, |ogisticsandgraphicsteams o Create and manage asystem toaccurately keep track ufhours worked onthe campaign ° Public Relations Assistant,June 2Ol3'April 2O14 o QuackerSmuchers.com'Athens, GA o Write and distribute press releases o Create aproposal toobtain sponsors for the website o Generate surveys togain insight from the target market u Attend tradeshowsand other events topromote the website ° Marketing Assistant 1&Proofing and Production, May Z813-August 281] o Campus Special, Duluth,GA dwithdesigning advertisements to o Assist business nxvnersvvithcreating deals/offers an achieve optimal return o Manage production ofcoupon books for over Z0colleges/universities o Manage business contracts, payments and other administrative work for over GU sales representatives o Meet strict deadlines for production w Director mfPublic Relations,September 2U1I'December ZU1I o Four Athens,Athens,GA o Write and submit press releases and media alerts o Create and maintain a "Foundem' Fridays" 6\oQfor the Four Athens webpu8e o Assist\nplanning and executing Four Athens events Page 826Of1161 Arms". Lewis Education Florida State University-Tallahassee, FL Bachelor of Science:Marketing Pro fes5ional 12,Klierience Project Director,June 2018-Present Downs&St. Germain Research,Tallahassee, FL Analyze data on SPSS Statistical output for client reports Manage the data collection process Assist in the development of questionnaires,surveys,analysis and reports Market Research Intern, May 2017-April 2018 Downs&St.Germain Research,Tallahassee, FL Analyze data on SPSS Statistical output to prepare graphs and tables for client annual reports Assist with general administration tasks, including contacting interviewers and supervisors Conduct research as needed for existing and potential client proposals Marketing Intern,January 2017-April 2018 Visit Tallahassee,Tallahassee, FL Developed a project to advertise National Tourism Week to residents Oversaw social media postings and track potential reach and followings Participated in events focused on promoting Tallahassee as a travel destination Student Liaison, Dec 2016-May 2018 Florida State University Garnet and Gold Guides,Tallahassee, FL Used knowledge of Florida State athletics to attract student athletes to attend the university Encouraged boosters to be active within Florida State athletics through facility tours Managed and facilitated guides relations with recruits during game day activities Page 827 of 1161 Page 828 of 1161 The City of Boynton Beach PROCUREMENT SERVICES 100 E.Boynton Beach Boulevard F.0.Box 310 Boynton Beach,Florida 33429-0310 961-742-6310 Fax: (961) 742-6316 rt NOTICE OF INTENT TO NEGOTIATE/AWARD SOLICITATION NO. RFP NO. 026-1810-18/IT SOLICITATION TITLE: PUBLIC OPINION SURVEYING SERVICES DATE OF NOTICE: AUGUST 10, 2018 At the public ranking meeting held on August 8, 2018, the Selection Committee for the above referenced solicitation scored and ranked the submittals as follows: Rank 1: Downs & St. Germain Research Rank 2: ETC Institute Rank 3: Institute for Building Technology and Safety Rank 4: EMC Research This Intent to Award will be presented to City Commission as a recommendation to approve the Selection Committee Rankings and authorize staff to enter into a contract with the first ranked firm: DOWNS AND ST. GERMAIN RESEARCH This Notice is conditioned upon and subject to the City of Boynton Beach's reservation of rights as contained in the RFP documents and approval by the City Commission. In accordance with Section 2-355 of the Palm Beach County Code of Ordinances, the Cone of Silence remains in effect for this solicitation until award, rejection or other action is taken by the applicable award authority to otherwise end the solicitation process. Submitted by: * m4 4 7Ii e Ilyse Triestman, CPPO, CPPB, FCCN Purchasing Manager America's Gateway t®the Gulfstream Page 829 of 1161 The City of Boynton Beach Fin ance/Pro curemen t Services 100 E. Boynton Beach Boulevard P. O. Box 310 ' Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX: (561)742-6316 REQUEST FOR PROPOSALS RFP No.: 026-1810-18/IT PUBLIC OPINION SURVEY SERVICES SOLICITATION ISSUE DATE: June 22, 2018 SOLICITATION DUE DATE: July 23, 2018 # OF PROPOSALS SUBMITTED: 4 This list is intended to provide preliminary information regarding the proposals received by the solicitation opening deadline. LIST OF PROPOSERS (IN ALPHABETICAL ORDER) 1. Downs & St. Germain Research 2. EMC Research 3. ETC Institute 4. Institute for Building Technology and Safety Opened by: Ilyse Triestman, 7/23/18 Witnessed by: Lynn Swanson, 7/23/18 Page 830 of 1161 n t,t}f( r'fi's\)\,ittliSlk�tlljty£l\l�l1y\(ff tt<c tJtt Ai�SQ1f{ ��St{( ,l tl�i iii`-SJt 11;_��tf� ttt)$\1SS Yit t: 4jy3s4`y'#+'}\( t` is` It ft'`tl,stt#yt S S# tart}4; it;} ,} \l`it l�li i to ys�li i4 tSy#�i)� ttsttVA 5'z tit i t 1{11,114 �1111t1i`E �� '131st\ittttftt isifs� �1)\S Sst�t(rl� - 11tH`{ )t\��r�t}�il, c ! sr i it i,1 (tt ssttl a t»r r +*tt d!t r t I1 x,14 rs 122 £� #r 111) k ij rs a �t : ��itu Sltci , �' t4��k )5„ �2;2�E 11�it}As St�t\t111jf{ iIl rs�hf tti� z 1),„�t ) y 1it�tt2lS ritl7�l1 tt\irll�l, ;l+t t trtr. 2rAS��IE t r t ( ty P tt1,� �' t'�t' { ltt;�;1{ it, �P,Il2 , ix� t1 RVEYI N #i#s t,r1 ,il ��st�lt 111 V tt � U`JS i{{�\\k+I 4j1}r 3i> tt ss,Sk S51 ks irts���1 t{fl}{1t`1l i�i sSl it�lS£�s i\4#!s tttp;h tot}���<�` q{v��1,;vtt'tSfi}�t,hlh,t?.�s\r,Y,i1;t,�" t rts,l�yv 5��1;s, 3i'�{1t1��vtlty�t� situ},1��j`\���iltit lkljlh)`S�'i fi��lt1��vl?,, ,llt1y11i1,111��i��)S k{!�)t`lt�;`,'i11v1AS(1}SSt t#t �,,,it„ t}`s�42�s 51 tiff��) Vv,� 't ` }t!i ry"s"3,isr Z��1�ivtY��l�i t1�Vy,V,1ts; 33�!tall}s)�\s trt t��tr A,�ti54�r 1! ■ s �� j "i# \s,�' �2� 4'' '#rii�'tt���s,At\,(ltittt4,�Z�v, }iZ#tkr#'t,: tilt l} )4 ter{,A##1111\j\1��1(rt�\�1r{t,1�,As t # ■/�■ IS{�ts 1( t � �1f,:: 1 �, a,i, 1 1�,�1�\ v1 137�`1s1s�y15t1\�i�t�`,1r11i41 trE£S}r1A )A�tC�t�V'2{t�sl�t t��l i}t��,��1��i�r I» � P �V■ F1t i,,i£1��� � 4t, ,�k.t�t ��� It ti<ci)A5,4�7�1{l� tt is A rttr.. 9.ttt( `)ttttft,'\kt.i;t�ti ltif�£tiv7 „ �'t�itl , tr`J{t,�Ay) `111tp±1i{1�4iit{,tt"t}?it1����<i�tt��##,)\,;,r�lt, (�;(\1y�1�11�1\''kt1t ;}tvi1�! ,,wt+�il�tA,}tls? q,1S(41�ttri t4s�t,� ,A�Ult�1 S+gil�isll�}s1`;:y���l�lrti\_.tk11�11 t i�111({st I;�{y!`y1� tt) r',, ,{ rt,lt� tt slls�l,t�t.tf�llt it�tr; s1t�,i1 ,rsc;il, t„i'tltst7,11\�r}t���{s��t- rstst{,�i},1y1�1��# trtiilr<� sitriAr, t �4rti�11 a��1ti ilstti+V£ s{1�Z�?1) )�t 1�}t��11 ��t�I� t4j1�1j�1't tif�l4iktit t�(�5 s)1i��1t11�t���t 111 i�t}'1U�})14,1 t,,�;�. tk�i4s�,}l4}f�tit�h�i1l�}{i��t, 'sf��iclt 1t t1 iti` � sr f 114 (1�i1 k1tS�1`I'{t'11�1,1\'t�\V��Arti}l1)ty➢1"'s - i�i7�lttA1�'} �}}s itt��\�1t tS�t fit\ltt,kt t ' £11lV� 1�,dstc s t1, �t 1t4�s{t?�s#'t1 AAt1V�S��1i1{r �ri,7��4(t�i s. {;i1t t���i�is��q�ti1��}S i r� ,��»{, sl���� s`a\2, )! {ffkkt�Vt�S�131f,FsktA bfl'�}tt111\\�ft�4SS#llli�t 2�{tt�,�t tlrtl 441ttt)r»t`�1�tt�i}t4 ,( RM, t(i �AgJ�)t �}t�S41$ylliii(ilttr�fjt i�))tAs t4;s1�\t��1. ##2>i}5t!},�lis�`lt��l1}A1C';#)tiltl�li�itst 1i11�t1 �s t }i{�1jti Isr;{Z#ls {t4,1��t�at�\1s£l�j�4's)lSt1SA�i�\f�AA1��1t1 �j1���'tt 11t3t}�tsf{ss�l?ts�itltvtil� I�(S til�ilsF`tt1!!t?f ti s4ll i2'it#�t:h �lI} 't3}t�1li It}t1l �01,,Nt i�,C1�v t t(1s1 t y� ��itti t�illti#�\4115\t;t�S�ttt111i�ttt�kiti �lt(("tr ?i{i �,+�1�1\ 1 �11ti sit 1��3�\��i 4Lftl�f AS;. rsi4t 1�Al}i� i4,(tit tyt 1,tt ,1CC,ii+7,r 6 ti 241 4ti'a111 111 t` l4'3� f;. �.4 tlt,�t �l>1�` al 1�) il�ht lila ) Ati t�)ltl��trtlt1lit,�svt»tt\iiA JtC s�tt "1\t�+�`m i's, �}�+\ {t�s�ts,t A yC ts1, tt1 a ttft:s Otis 1#i,' ?qt i31t1141 1 j§13yli2rr � tJst 4 �1 4 \ �Iktlt rf tt,t Al it\? �i lltr �1 ? tt, 1��2511 � Iiti(t,, t�;S t1)\����5�1 i�tr(yl{flits} 11{.�s t\�13tt l�Sl\{ t� 2(s /st;1:o Sir l+t, tt4 1s \ttt�,ttil 3t fcrti\t sttt tlttl�t; �l�t\ti, t�i17S{s� '''y ,14tt 1{�lili�llft�t #i'!�}4syss�j{,lt}tat; 11� r iit11 � �A vttftf \trftltAtl �I# isV`V�1S�t1£14tt, l��i�t�l�1���1'�NtT lilt liA)lgti Ise n• 4fittVlfl ik� 1t lt1�r tt `t1\17 :,r4 t{tl4it#t tVtt. `111�i\�tt yl�tts)�Jjt etc 111V�i�1 111 �'�'ttl2��t�1ts1��' Zl)tt,.if}{`•~, 1311 t,)�ip tt�tl� t,. siltyV1t4��ts'�4rt. ; {si?yi111; st riA1 S�ti��rt;r t\��1;rtls� t1` )t,li,t4v�), ����llvtri,4,st RFP DUE DA "1�tt,, ULY 23 2018 �i''1#t,>;,,i �hhS�tt11\VA ,tt}\i�ss�t (rvs�li)� �� {�,1>1,,,�'}� 1\131\S1 r 1i�Aiit lit itt#t s r#it1 t1 i)�\„5}��tt}i1q, it?�t {s 1' � ty SN s4tj'`*, h fY2 il'S11}si}itlfjiUU `yi Std\\t1ti}�l�j ,Jt24�A4 s11 �{\\ 1 i t� } i s1 �ltthtt � � { �, , )t ,t Z t t t tl t)t LOSING TIME .30ti1P,vt� ,. ,r{:OCAL TI ,t,v ), hsr , lir s !tit s 1 t s , ftt�tll slit ENT S tillV 1)i<�t�l i s �t ``J `11 i t i i ti}1 t ti�ty i fi ���it��� il`4�t1J1 (t}rtl l�S tt tS,S�)� � ) lt,,,,1� 1 ti!(t))� k}s 1� 1\Ys4)f;)1J� till Usti 4lisl'Ijtal. fr! 'i ft}tt)t�.{(h9;lS{t\11s ,itU. i?t tsyt t7 }ts li�l#1 � 7r i,li)ptrt`s# ,tt 1s#1fJ iSfil�Aslh sl#, tt 3t�\.4>. 1�{lltik 5l�t+;f`ss�t}i���til. i� }tl�rr btitlt)1) }}})t)?�tt \\S11i11�1��1t�f3t1,, , 1}',#�';.t1}tt411f 1�ii1t 3)stt4, rani t�7�1}�\isAV)i�r t�1rt �t1$) '1 ar,yl{itfikt jtt fhs„ t isSr \�tistit}flat\ (ua Als. q;{1itl�til\1,(l s;SJtk��ts�\}J is ¢jii till.. �r )St�it�'Si ist��1�s 11tr ����t}(rt lti,i `ft' t )1��t>;1l Utst i} 11j1�t�{t1�1t 1.. { K1rr}t�,ltVr>i}t a.. rirrttt�l�j11ttV;;s�.i, 1111 t3�t1,i)1i�s �?i t�t� t)#11t)�ly,s�r',ti 7 11! 1,,1.,,tt tt 1 1,tltvA t, ii!{t,41,Sy;\y1Ci�is,,lis ,� in{,tz �iysSt\1sll�)11, ��ts1�.1t4;S+Sr ltrft�i, ftfl}.�D1tt\t311)ltt�i,�� �It1��}41tf411i4}}tu#as£t#tt\��,�IS1�1�fity i`, {Stbt+liAt1� 1 s1 1}rti}f, } ittk,l; {ts(t)1fiE Ati��)l) t1r,�C.. 1 S(t Ny)1�11\i1= st�t4}4;` tf`t1?s) fYft1', ti1t� t�sft l)tt,,,. �1}�C�t\���\tityt til��lr\t y����U {t;i����1?,�yl`Jr syt,f tit�ti�0lVl; 51��1�I. tsi3t�\li l��ilt�t�lsy�x�12lV 1�1t� iik' li�fi`It�1`rltl�,4tr�t �V'i�1ltl),33�t`t'{j�'ilt�4;}4{i,ZSt{1114;l�rlli�t��!\�yc)1tt22{�`t#k7z�it,s"Slk;Jktld?,ttl�S�\});��Sli?'�``,'yr ;},t,, Page 831 of 1161 The City of Boynton Beach REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT Sealed RFP's will be received in Procurement Services, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: July 23, 2018 No Later Than 2:30 P.M. (Local Time). RFP's will be opened in: 100 E. Boynton Beach Boulevard CITY HALL—2ND FLOOR ATTENTION ALL INTERESTED RESPONDENTS Copies of this solicitation package may be obtained from Demandstar at Onvia at www.demandstar.com or by calling 1-800-711-1712. Demandstar distributes the City's solicitations through electronic download. If you prefer that a copy be mailed via U.S.P.S., please contact the City's Procurement Division at(561) 742-6322. Respondent(s)who obtain copies of this solicitation from sources other than Demandstar or the City's Procurement Services Division may potentially risk not receiving certain addendum(s) issued as a result of the solicitation. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the response shall be submitted in one sealed package clearly marked on the outside: "RFP NO. 026-1810-18/IT —PUBLIC OPINION SURVEYING SERVICES" and addressed to: City of Boynton Beach, Finance/Procurement Services,100 E. Boynton Beach Boulevard, or P.O. Box 310, Boynton Beach, FL 33425-0310. RFP's received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that an RFP can be considered. If no award has been made, the City reserves the right to consider RFP's that have been determined by the City to be received late due to mishandling by the City after receipt of the RFP. America's Gateway to the Gulf Stream 2 Page 832 of 1161 PUBLIC RECORDS DISCLOSURE Pursuant to Florida Statutes §119.07, sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation.A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING /CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmani(d)bbfl.us City of Boynton Beach 3 RFP No.026-1810-18/IT Page 833 of 1161 INTENT/ SCOPE OF SERVICES The City of Boynton Beach, Florida (City) is actively seeking proposals from qualified and experienced firms to provide public opinion surveying services and interactive focus group services for a term of four (4) years. The 2018 surveys shall serve as a baseline with the expectation of conducting similar surveys in 2020 and 2022 and focus groups in 2019, 2021, and 2023. RFP documents are available online through DemandStar by Onvia at: www.demandstar.com Upon request, documents will be e-mailed. Contact: CITY OF BOYNTON BEACH PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard Boynton Beach, Florida 33435 Ilyse Triestman, Purchasing Manager Telephone: (561) 742-6322; Email: triestmanip_bbfl.us Office Hours: MONDAY — FRIDAY, 8:00 A.M. to 5:00 P.M. CITY OF BOYNTON BEACH 0�-- 0,- A4.WQ' Tim W. Howard Assistant City Manager -Administration City of Boynton Beach 4 RFP No.026-1810-18/IT Page 834 of 1161 TABLE OF CONTENTS REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT Section I —Submittal Information . .......................................................................................6 Section 11 — Purpose, Background and Scope of Services .............................................7 - 9 Section III — Proposal Submittal Instructions and Requirements. .................................9 - 12 Section IV— Proposal Evaluation Method and Criteria. ...............................................13 -14 GeneralConditions . ...................................................................................................15 -21 Proposer Acknowledgement . ............................................................................................22 Addenda ............................................................................................................................23 CostProposal .............................................................................................................24 - 25 Statement of Qualifications . .......................................................................................26 - 27 ReferenceForm ................................................................................................................28 Anti-Kickback Affidavit . .....................................................................................................29 Non Collusion Affidavit ......................................................................................................30 Confirmation of Minority Owned Business . ......................................................................31 Confirmation of Drug-Free Workplace . .............................................................................32 Acknowledgement of PBC Inspector General....................................................................33 Local Business Status Certification Form................................................................34 Schedule of Subcontractors ..............................................................................................35 Statement of No Submittal . ...............................................................................................36 "DRAFT" Professional Services Agreement. ...............................................................37- 43 Page 5 of 43 Page 835 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT Section I —SUBMITTAL INFORMATION A. The City of Boynton Beach will receive RFP responses until July 23, 2018, no later than 2:30 P.M. (LOCAL TIME) in Procurement Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, to provide the City with professional consultant services for " B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the qualifier to have their RFP response delivered to Finance/Procurement Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that allows for tracking and delivery confirmation. RFP responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the qualifier's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the RFP and prior to the award being made. C. If any addenda are issued to this RFP, the City will attempt to notify all prospective proposers who have secured same, however, it shall be the responsibility of each proposer, prior to submitting the RFP response, to contact Finance/Procurement Services at (561) 742-6322 to determine if any addenda were issued and to make any addendum acknowledgements and comply with the requirements of each addendum as part of their RFP response. D. One (1) original, so designated and four (4) copies along with one (1) electronic copy on a USB thumb drive, for a total of six (6) submittals of the RFP response, shall be submitted in one sealed package clearly marked on the outside "RFP No. 026-1810-18/IT— PUBLIC OPINION SURVEYING SERVICES", and addressed to: City of Boynton Beach, Finance/Procurement Services, P.O. Box 310, Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the proposer (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to bind the proposer to the submitted RFP. Proposers must note their Federal I.D. number on their RFP submittal and include a copy of their W-9. F. All expenses for making RFP responses to the City are to be borne by the proposer. G. A sample draft contract that the City intends to execute with the successful firm is contained in this Request for Proposal for review. The City reserves the right to modify the contract language prior to execution. The scope of services will closely track the scope of work detailed in Section II of this Request for Proposal. Page 6 of 43 Page 836 of 1161 Section II — PURPOSE, BACKGROUND AND SCOPE OF SERVICES REQUESTED 1. PURPOSE The City of Boynton Beach, Florida (City) is actively seeking proposals from qualified and experienced firms to provide public opinion surveying services and interactive focus group services for a term of four (4) years. The 2018 surveys shall serve as a baseline with the expectation of conducting similar surveys in 2020 and 2022 and focus groups in 2019, 2021, and 2023. The selected firm will conduct two statistically valid public opinion surveys (residents and businesses) and multiple interactive focus groups. The surveys and focus groups must measure current satisfaction ratings and opinions about City services, projects, programs, and policies within the City. The surveys and focus groups may also address issues specific to Boynton Beach, such as the development of neighborhood parks, development of downtown, etc. The selected firm will identify residents and businesses, ensuring that all demographics and special populations are proportionately represented; develop surveys and plan multiple focus groups; execute test/corrected surveys (in multiple formats) and conduct focus groups; tabulate data; analyze results and provide a public presentation (in Boynton Beach) of the results. Customer input is a critical component of the City's strategic planning process. Conducting community surveys is a FY18 initiative under one of the City's strategies: Boynton Beach Branding. The objectives are to Connect and Engage the Community and become a High Performance Organization. The surveys shall identify areas of strengths and improvements that will drive future initiatives and priorities for the City that meet the needs and wants of a growing diverse community. 2. BACKGROUND The City is the third largest municipality in Palm Beach County. A coastal community of 16.5 square miles is located in central Palm Beach County - midway between Fort Lauderdale and West Palm Beach and neighbored to the north by Lantana, Lake Worth and to the south by Delray Beach and Boca Raton. Only one of two full-service municipalities in Palm Beach County, residents and businesses receive the following city services: police, fire and emergency medical services, utilities, street maintenance, solid waste/recycling collection, development permitting, code enforcement, and art and cultural activities. The City has a robust public art program, library, seven recreation facilities, 250 acres of parks, a beach, a golf course, historic program and several cemeteries. According to the Bureau of Economic and Business Research, University of Florida the City's 2017 population was 73,992. The median age is 42.8. Non-white population is 36% and Hispanic population at 14.2%. Foreign-born residents total 22.6%. English is the primary language, followed by Spanish and Creole. In addition, the City has a very involved special population community. The Palm Beach County population model projects the City's population to reach 81,355 in 2025. The Palm Beach County Property Appraisers Office reports that there are 36,977 housing units; 39% of those are detached single-family homes and 61% are owner-occupied. The median home price is $234,000 and the median rent is $1,558. Page 7 of 43 Page 837 of 1161 Due to the City's strategic location, access to multiple transportation modes, and pro- business policies, the City's business community has experienced an 8.5% growth since 2010. The City, the Boynton Beach Community Redevelopment Agency, the Greater Boynton Beach Chamber of Commerce, and the Palm Beach County Business Development Board work together to create opportunities, attract businesses, and ensure their success. There are 2,180 businesses within the City providing 21,141 jobs. The top 56% of the jobs are in the health care/social assistance, retail trade and accommodation/food services. Current unemployment rate is 5%. (American Community Survey, U.S. Census) Residents aged 25+ with a Bachelor's Degree or higher total 27.5%. The median household income is $47,943. (Source: 2012-2016 American Community Survey 5 year estimates.) NOTE: At the time of this RFP, the City is under contract for the development of a 16- block Town Square in Downtown Boynton Beach. During the summer months, the current City Hall, Police, Fire, Library, and Recreation Centers will be temporary re-located. Residents and businesses may or may not be aware of the plans and schedule. The City and selected firm will discuss related survey questions. 3. TERM OF SERVICES The term of the Project will be established with the recommended vendor and the City. The term will be in the Agreement upon award by City Commission. 4. SCOPE OF SERVICES The awarded proposer shall be responsible for the successful and timely process of conducting two statistically valid public opinion surveys (residents and businesses) in the years 2018, 2020 and 2022. On the opposite years (2019, 2021 and 2023), awarded proposer shall conduct interactive focus groups. The surveys and focus groups must measure current satisfaction ratings and opinions about City services, projects, programs, and policies within the City. The surveys and focus groups may also address issues specific to Boynton Beach, such as the development of neighborhood parks, development of downtown, etc. Topics/issues may vary each year. The awarded proposer will identify residents and businesses ensuring that all demographics and special populations are proportionately represented; develop surveys and plan multiple focus groups; execute test/corrected surveys (in multiple formats) and conduct focus groups; tabulate data; analyze results and provide a public presentation (in Boynton Beach) of the results. For the 2018 survey, the project must be completed within 120 calendar days after receipt of the City's Purchase Order. In coordination with the City Communications Director, the awarded proposer shall publicly present the survey results to City Commission at a Commission Meeting, the date to be determined. For future years' surveys and focus groups, the project must be completed and publicly presented to City Commission no later than March 31. Page 8 of 43 Page 838 of 1161 5. DELIVERABLES The Consultant, based upon site visits, experience, observations, interviews, surveys, research, analysis and findings shall present the following: 1. Preliminary report (5 bound copies and a PDF file) detailing the Firm's analysis, findings, implementation timeframe, and costs/benefits. The report shall include an itemized costs and timeframe estimates. 2. Conduct a minimum of three pre-project meetings (online/telephone) with the City to discuss specific approaches to the survey to ensure unbiased responses, portions of work by the City (if required), etc. During project, awarded proposer/City shall met weekly (online/telephone) with the City to ensure adequate progress and timelines are being met. 3. Upon completion of survey and/or focus group, provide draft of report for review by the City; address any comments and concerns. 4. Submit an electronic and seven (7) hard copies of the results and the Powerpoint presentation to Public Communications and Marketing Director. 5. Public presentation of results and findings. Section III - PROPOSAL SUBMITTAL INSTRUCTIONS AND REQUIREMENTS I. In order to facilitate the analysis of responses to this RFP, Respondents are required to prepare their proposals in accordance with the instructions outlined in this section. Consultants whose proposals deviate from these instructions may be considered non- responsive and may be disqualified at the discretion of the City of Boynton Beach. II. Proposals shall be prepared as simply as possible and provide a straightforward, concise description of the Respondent's capabilities to satisfy the requirements of the RFP. Expensive bindings, color displays, promotional materials, etc., are not necessary or desired. Emphasis shall be concentrated on accuracy, completeness, and clarity of content. a. Each of the nine (9) sections listed below shall be tabbed and labeled. b. Each page shall be numbered on the bottom right hand corner. c. Submit one (1) original proposal and four (4) copies + one (1) electronic copy on flash drive or CD/DVD. d. The proposal shall be organized as follows: Proposal Tab Section Title 1. Introduction Letter 2. Statement of Organization 3. Minimum Qualifications 4. Proposed Scope of Services / Implementation 5. Qualifications/Experience of Firm and Staff 6. Schedule 7. References 8. Cost Proposal 9. Submittal Forms Page 9 of 43 Page 839 of 1161 TAB 1 - INTRODUCTION LETTER — The Respondent shall provide an introduction letter on corporate letterhead, signed by an authorized representative of the company. The letter should clearly indicate the company name, address and signature. This letter shall provide a brief narrative highlighting the Respondent's proposal. This tab section should not include cost quotations. TAB 2 — STATEMENT OF ORGANIZATION_:— The Respondent shall provide the following information: A. Legal contracting name including any dba. B. State of organization or incorporation. C. Ownership structure of Respondent's company. (e.g., Sole Proprietorship, Partnership, Limited Liability Corporation, Corporation) D. Federal Identification Number. E. Contact information for Respondent's Corporate headquarters. Address City, State, Zip Phone F. Contact information for Respondent's Local office (if any). Address City, State, Zip Phone G. List of officers, owners and/or partners, or managers of the firm. Include names, business addresses, email addresses, and phone numbers. H. Any additional organizational information that Respondent wishes to supply to augment its organizational structure. I. Contact information for Respondent's Primary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip J. Contact information for Respondent's Secondary representative during this RFP process. Name Phone E-mail Mailing Address City, State, Zip K. Briefly summarize any potential conflicts of interest, pending or current litigation relating to the performance of requested surveying services in which Respondent is party to. Page 10 of 43 Page 840 of 1161 Disclose any circumstance where the conduct of the Respondent is being investigated or has had an adverse determination by any legal or administrative body. L. Provide details of any ownership changes to Respondent's organization in the past three years or changes anticipated within six months of the Due Date and Time (e.g., mergers, acquisitions, changes in executive leadership). TAB 3 — MINIMUM QUALIFICATIONS — Each respondent shall submit information and documentation requested that confirms it meets the following qualification requirement(s): a. Must be registered with the States of Florida, Division of corporations to do business in Florida. No documentation is required. The City will verify registration. TAB 4— PROPOSED SCOPE OF SERVICES/IMPLEMENTATION — 1. Provide a detailed written management plan and approach to project. Specific procedures on approaching the project (objectives processes, procedures and end product), including a schedule for implementation. 2. Describe your methodology and work plan for distributing and completing survey to ensure a minimum of a 95% confidence rating in the survey findings; a minimum range of 3+/- to of 5+/- variance taking into consideration sample size; random selection of respondents; no duplication of responses and non-respondents. that includes City's broad demographics and special populations are proportionally represented. One question shall include an open- ended question. 3. Describe plans of benchmarking results to other communities of similar size and demographics and citywide initiatives. 4. The Respondent shall detail its available and unique resources in providing advantages to firm's approach and execution. TAB 5— QUALIFICATIONS AND EXPERIENCE OF FIRM AND STAFF— 1. The Respondent shall describe its qualifications and demonstrated experience with a project of this scale and similar complexity. 2. The Respondent shall describe its experience with municipalities on developing, executing, tabulating, and analyzing public opinion surveys. 3. The Respondent shall describe the expertise and experience of personnel assigned to project, including resume of project manager within the past three (3) years. 4. Provide samples of supporting documents, such as surveys, reports, presentations, etc. TAB 6—SCHEDULE— 1. Describe your overall project approach and implementation plan (including a timeline) for this project. 2. Describe how your firm will assure completion of the project within 120 days of award. TAB 7— REFERENCES— 1. Provide references for similarly successful projects from at least three governmental agencies (or regional districts), including the name of the agency, contact name, telephone, fax and email address. Page 11 of 43 Page 841 of 1161 TAB 8 — COST PROPOSAL — The City of Boynton Beach requests that the firms interested in responding complete the Cost Proposal Form attached herein. If a discount off retail pricing for items not specifically listed on the Cost Proposal Form is available, please provide that information. Also include any other pricing discounts or offers that will assist the City of Boynton Beach in obtaining the best possible pricing for the services provided. Rates and Expenses 1. Provide detailed information and pricing. 2. In this section, you may provide us with your proposed rates and expenses. Proposers are encouraged to offer more options in addition to what is listed in the Scope. 3. Provide any discount for non-standard services, volume discounts or any other special price offered. TAB 9 — SUBMITTAL FORMS — Respondents must complete and submit the required forms in order for submittal to be considered a valid response. DO NOT INCLUDE YOUR PRICE PROPOSAL FORM IN THIS SECTION RATHER INCLUDE IT IN TAB 8— COST PROPOSAL. ■ Proposer's Acknowledgement ■ Acknowledgment of Addendum(s) ■ Statement of Proposer's Qualifications ■ References ■ Anti-Kickback Affidavit ■ Non Collusion Affidavit of Prime Proposer ■ Confirmation of Minority Owned Business ■ Confirmation of a Drug Free Workplace ■ Acknowledgement of PBC Inspector General ■ City of Boynton Beach Local Business Status ■ Schedule of Sub-Consultants ■ Statement of No Proposal (if applicable) Page 12 of 43 Page 842 of 1161 Section IV— PROPOSAL EVALUATION METHOD AND CRITERIA: The City will designate a Selection Committee to review and evaluate the Proposals submitted in response to this RFP. The Purchasing Manager shall determine whether each Respondent is responsive and responsible. For the purposes of this RFP, a responsive Respondent means a Firm that has submitted a proposal that conforms in all material respects to the requirements in the RFP. Accordingly, the Purchasing Manager will determine whether each Proposer correctly submitted all of the necessary forms and documents. Among other things, a proposal may be found to be non-responsive if the Respondent failed to provide the information requested in the RFP; failed to utilize or complete the required forms; provided incomplete, indefinite, or ambiguous responses; failed to comply with the applicable deadlines; provided improper or undated signatures; or provided information that is false, misleading, or exaggerated. The Selection Committee will evaluate each proposal utilizing the following criteria: Criterion Max Score Proposed Scope of Services/Implementation 30 Qualifications/Experience of Firm and Staff 20 Schedule 15 References 10 Cost Proposal 20 Local Business Certification Form 5 Total 100 Cost Proposal —20 points max. The firm providing the lowest price to the City will receive the maximum of 20 points, all others will receive points based on the following formula: 20- [20 points X (total cost— lowest total cost) / lowest total cost] Note: If the result is a negative number, the score assigned will be 0. Example: Proposal 1: $100,000 Proposal 2: $150,000 Proposal 1 submitting the lowest, would achieve a score of 20 points. Proposal 2 would achieve a score of 5 points, calculated as follows: 20 — [20 X ($150,000 - $100,000) /$100,000] = 10 Each Selection Committee member will evaluate, rank and score the proposals for each of the evaluation criteria. The Selection Committee may create a short list of Respondents from the proposals received and elect to conduct interviews/presentations with the short- listed firms. If the Selection Committee elects to short-list only those proposals from Respondents that are short-listed will be considered for award of the Agreement. Page 13 of 43 Page 843 of 1161 The Selection Committee may rank proposals without conducting interviews with Proposers. Therefore, each Respondent must ensure that its proposal contains all of the information requested in this RFP. The Selection Committee, may, at its discretion, request interviews with one of more of the Proposers. If interviews are conducted, the evaluation will be on the knowledge demonstrated by the Proposer and its team member and comprehensive explanations and/or augmentation of information. Consideration will also be given for presentation style. Clarification information as well as information obtained during the interview process will be considered in the final evaluations and ranking of Proposals. All costs incurred by Proposer to participate in the interview, including travel, will be the sole responsibility of the Proposer. Upon completion of the discussions, interviews or presentations, if conducted, the Committee will re-evaluate, re-rate and re-rank the proposals remaining in consideration based upon the evaluation criteria listed above. At any time during the Selection process, the City may conduct investigations it deems necessary to evaluate the Proposals. Each Proposer shall promptly provide the City with any additional information reasonably requested by the City. The City shall have the right to make additional inquiries visit the facilities of one or more of the Proposers, or take any other action the City deems necessary to fairly evaluate a Proposal. At any time during the Selection process, the City may reject a proposal if the City concludes the Proposer is not qualified (e.g. Proposer does not satisfy the minimum requirements criteria set forth in this RFP). THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 14 of 43 Page 844 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT GENERAL CONDITIONS 1. FAMILIARITY WITH LAWS: The qualifier is assumed to be familiar with all Federal, State and Local laws, ordinances, rules and regulations that in any manner affect the equipment. Ignorance on the part of the qualifier will in no way relieve them from responsibility. 2. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: Proposal must contain an original signature of a representative who is legally authorized to contractually bind the Proposer. 4. NO BID: If not submitting a proposal, respond by returning one copy of the"STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the Professional's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. 5. BID DEADLINE: It is the proposer's responsibility to assure that the proposal is delivered at the proper time and place prior to the proposal deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Proposals which for any reason are not delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider proposals that have been determined by the City to be received late due to mishandling by the City after receipt of the proposal. Offers by telegram or telephone are not acceptable. 6. RIGHT TO REJECT RFP: Right is reserved to reject any or all RFP's and to waive technical errors, or to accept any RFP's that are in part deemed as the best responsible qualifier which represents the most advantageous RFP to the City. In determining the "most advantageous RFP", price, quantifiable factors, and other factors are considered. This would include specifications, proposed schedule, the proposed price and other factors contributing to the overall acquisition cost of this service. Consideration may be given, but not necessarily limited to conformity to the specifications, including timely delivery, product warranty, a qualifier's proposed service, ability to supply and provide service, delivery to required schedules and past performances in other Contracts with the City or other government entities. Page 15 of 43 Page 845 of 1161 7. RIGHTS OF THE CITY: The City expressly reserves the right to: ■ Waive as an informality, minor deviations from specifications at a lower price than the best responsible qualifier meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; ■ Waive any defect, irregularity or informality in any RFP or qualifying procedure; ■ Reject or cancel any or all RFP's; ■ Reissue Request For Proposal Invitation; ■ Extend the RFP opening time and date; ■ Consider and accept an alternate RFP as provided herein when most advantageous to the City. 8. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective qualifier has: ■ Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; ■ A satisfactory record of performances; ■ A satisfactory record of integrity; ■ Qualified legally to Contract within the State of Florida and the City of Boynton Beach; ■ Supplied all necessary information in connection with the inquiry concerning responsibility. 9. INFORMATION AND DESCRIPTIVE LITERATURE: Proposers must furnish all information requested in the spaces provided on the RFP form. Further, as may be specified elsewhere, each qualifier must submit for RFP evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous RFP or on file with the buyer will not satisfy this provision. 10. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the RFP closing. Inquiries must reference the date by which the RFP is to be received. 11. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 12. TRADE SECRET:Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any Page 16 of 43 Page 846 of 1161 information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 13. SUBCONTRACTING: If a qualifier subcontracts any portion of a Contract for any reason, they must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all RFP's wherein a subcontractor is named and to make the award to the qualifier, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject the RFP of any qualifier if the RFP names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. 14. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposers at the Office of Procurement Services, it is each qualifier's responsibility to check with the issuing office and immediately secure all addenda before submitting RFP's. It is the usual practice for the City to upload all addenda to Demanstar.com, but it cannot be guaranteed that all Proposers will receive ALL addendum(s) in this manner. Each qualifier shall acknowledge receipt of ALL addenda by notation on the RFP. 15. ESCALATOR CLAUSE: Any RFP which is submitted subject to an escalator clause will be rejected. 16. EXCEPTIONS: Incorporation in an RFP of exceptions to any portion(s), of the Contract documents may invalidate the RFP. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the qualifier's RFP on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the RFP. The use of qualifier's standard forms or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 17. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 18. ANTITRUST CAUSE OF ACTION: In submitting an RFP to the City of Boynton Beach, the respondent offers and agrees that if the RFP is accepted, the respondent will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the respondent. Page 17 of 43 Page 847 of 1161 19. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this RFP prior to their delivery, it shall be the responsibility of the successful qualifier to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 20. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the qualifier will in no way be a cause for relief from responsibility. 21. ON PUBLIC ENTITY CRIMES - All Request for Proposal Invitations as defined by Section 287.012(l 1), Florida Statutes, Requests for Proposal as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted Professional list following a conviction for public entity crime may not submit an RFP on a contract or provide any goods or services to a public entity, may not submit an RFP on a contract with a public entity for the construction or repair of a public building or public work, may not submit RFP's on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted Professional list". 22. ADVERTISING: In submitting an RFP, the qualifier agrees not to use the results therefrom as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE TO CONTRACT CONDITIONS". 23. ASSIGNMENT: Any Purchase Order issued pursuant to this RFP invitation and the monies which may become due hereunder are not assignable except with the prior written approval of the City. 24. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, attorney fees, expenses and liabilities incurred in and about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) business days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim, suit, or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for Page 18 of 43 Page 848 of 1161 negligent acts of the City or its employees. 25. PURCHASING AGREEMENTS WITH OTHER GOVERNMENT AGENCIES: At the option of the Professional, the use of the contract resulting from this solicitation may be extended to other governmental agencies, including the State of Florida, its agencies, school boards, political subdivisions, counties, and cities. Each governmental agency allowed by the Contractor to use this contract shall do so independent of any other governmental entity. Each agency shall be responsible for its own purchases and shall be liable only for goods or services ordered, received and accepted. No agency receives any liability by virtue of this bid and subsequent contract award. 26. AWARD OF CONTRACT: Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible qualifier whose RFP represents the most advantageous RFP to the City, Evaluation of RFP's will be made based upon the evaluation factors and standards heretofore set forth. The City reserves the right to reject any and all RFP's and to waive technical errors as heretofore set forth. In the event of a Court challenge to an award by any qualifier, damages, if any, resulting from an improper award shall be limited to actual RFP preparation costs incurred by the challenging qualifier. In no case will the award be made until all necessary investigations have been made into the responsibility of the qualifier and the City is satisfied that the best responsible qualifier is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. 27. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 28. LICENSE AND PERMITS: It shall be the responsibility of the successful qualifier to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Assistant to the Finance Director and City Inspectors. 29. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Qualifier certifies that all material, equipment, etc., contained in this RFP meets all O.S.H.A. requirements. Qualifier further certifies that if awarded as the successful qualifier, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the qualifier. Qualifier certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 30. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. Page 19 of 43 Page 849 of 1161 31. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 32. LOCAL BUSINESS STATUS CERTIFICATION: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall Page 20 of 43 Page 850 of 1161 clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFP submittal. Failure to submit this form at the time of RFP submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. QUESTIONS: Any questions relative to any item(s) or portion of Request for Proposal should be directed to Ilyse Triestman, Purchasing Manager, (561) 742-6322 Monday through Friday from 8:00 A.M. to 5:00 P.M; email: triestmanitc'i_ fl.us THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 21 of 43 Page 851 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT PROPOSER ACKNOWLEDGEMENT Submit RFP's To: PROCUREMENT SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6322 RFP Title: PUBLIC OPINION SURVEYING SERVICES RFP Number: 026-1810-18/IT RFP Received By: JULY 23, 2018, NO LATER THAN 2:30 P.M. RFP's will be opened in Procurement Services unless specified otherwise. RFP receiving date and time is scheduled for: JULY 23, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this RFP shall conform to applicable sections of the charter and codes of the City. Name of Professional: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: E-mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 22 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 852 of 1161 A D D E N D A CITY OF BOYNTON BEACH FLORIDA RFP TITLE: "PUBLIC OPINION SURVEYING SERVICES" RFP NO.: 026-1810-18/IT DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, means of transportation, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: THE CITY OF BOYNTON BEACH we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 23 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 853 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT COST PROPOSAL FORM Proposers should use this form for submitting its Fee Proposal. The price shall be fixed and firm and should be fully burdened to include all necessary elements such as but not limited to salary, general administrative expenses, travel, mileage, overhead and fee/profit needed to perform all of the services described under this solicitation. The Proposer's fee for public opinion surveying services shall remain firm for the term of the Agreement. The option for renewal shall be exercised upon mutual agreement between Contractor and City, by written agreement with all original terms and conditions adhered to with no deviations. ITEM DESCRIPTION LUMP SUM PRICE YEAR 2018 - TOTAL NOT-TO EXCEED PRICE FOR ALL 1 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FURNISH ALL DELIVERABLES AS $ DEFINED HEREIN. YEAR 2019 - TOTAL NOT-TO EXCEED PRICE FOR ALL 2 PROFESSIONAL SERVICES TO CONDUCT THE INTERACTIVE FOCUS GROUPS AND FURNISH ALL $ DELIVERABLES AS DEFINED HEREIN. YEAR 2020 - TOTAL NOT-TO EXCEED PRICE FOR ALL 3 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FURNISH ALL DELIVERABLES AS $ DEFINED HEREIN. YEAR 2021 - TOTAL NOT-TO EXCEED PRICE FOR ALL 4 PROFESSIONAL SERVICES TO CONDUCT THE INTERACTIVE FOCUS GROUPS AND FURNISH ALL $ DELIVERABLES AS DEFINED HEREIN. YEAR 2022 - TOTAL NOT-TO EXCEED PRICE FOR ALL 5 PROFESSIONAL SERVICES TO COMPLETE THE PUBLIC OPINION SURVEY AND FURNISH ALL DELIVERABLES AS $ DEFINED HEREIN. YEAR 2023 - TOTAL NOT-TO EXCEED PRICE FOR ALL 6 PROFESSIONAL SERVICES TO CONDUCT THE INTERACTIVE FOCUS GROUPS AND FURNISH ALL $ DELIVERABLES AS DEFINED HEREIN. GRAND TOTAL (ITEMS 1 THRU 6): $ COMPANY NAME THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 24 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 854 of 1161 REQUEST FOR PROPOSALS FOR PUBLIC OPINION SURVEYING SERVICES RFP No.: 026-1810-18/IT COST PROPOSAL FORM (CONTINUED) In addition to the pricing offered above, Proposers shall submit a detailed itemization of costs that reasonably justifies the lump sum amount offered for the base and optional work. Proposer should also attach a copy of its rate sheet for use in pricing additional services as needed. COMPANY NAME AUTHORIZED SIGNATURE TELEPHONE NO. PRINTED NAME E-MAIL ADDRESS TITLE DATE THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 25 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 855 of 1161 STATEMENT OF QUALIFICATIONS Each qualifier proposing on work included in these General Documents shall prepare and submit the data requested in the following schedule of information. This data must be included in and made part of each RFP document. Failure to comply with this instruction may be regarded as justification for rejecting the RFP response. * attach additional sheets giving the information 1. Name of Qualifier: 2. Business Address: 3. When Organized: 4. Where Incorporated: 5. How many years have you been engaged in business under the present firm name? 6. General character of work performed by your company. 7. Enclose evidence of possession of required licenses and/or business permits. 8. Number of employees. 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity, if applicable. 11. Have you ever defaulted on a contract? If so, where and why?* THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 26 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 856 of 1161 12. Experience in performance of work similar in importance to this project. Project $Value Contact Name Phone # 13. Contracts on hand. * 14. Largest completed projects (include final cost). 1) 2) 3) 15. List all lawsuits (related to similar projects) or arbitration to which you have been a party and which: * 1) arose from performance: 2) occurred within the last 4 years: 3) provide case number and style: Dated at: this day of 20_ By: (written signature) Name: (printed or typed) Title: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 27 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 857 of 1161 REFERENCES FOR (NAME OF FIRM) ""k "' 1\�, , Vll� , Vll� Vll� V, V, V, , V, Vl� Vl� Vl� Vl� Vl� Vl� Vll� Vll� Vll� Company Name: Address: Contact Name: Phone: Fax: E-Mail: ""k "' 1\�, , Vll� , Vll� ll� Vll� ll� Vll� , Vll� ll� Vll� Vll� Vll� , ll� Vll� ll� ll� ll� 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: Vl� Vl� Vl� ll� V\� . vl� Vl� ll V\� V\� Vl� Company Name: Address: Contact Name: Phone: Fax: E-Mail: ""k "' 1\�, , Vll� , Vll� ll� Vll� ll� Vll� , Vll� ll� Vll� Vll� Vll� , ll� Vll� ll� ll� ll� 1"l Company Name: Address: Contact Name: Phone: Fax: E-Mail: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 28 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/1T Page 858 of 1161 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 29 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 859 of 1161 NON COLLUSION AFFIDAVIT State of ) County of ) being first duly sworn, deposes and says that: 1) He/She is of , the qualifier (Title) (Name of Corporation or Firm) who has submitted the attached RFP No. 026-1810-18/IT for PUBLIC OPINION SURVEYING SERVICES 2) He/She is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFP is genuine and is not a collusive or sham RFP; 4) Further, the said qualifier nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other qualifier, firm or person to submit a collusive or sham RFP in connection with the Contract for which the attached RFP has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other qualifier, firm or person to fix the price or prices in the attached RFP or of any other qualifier, or to fix any overhead, profit or cost element of the RFP price or the RFP price of any other qualifier, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the qualifier or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 My commission expires THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 30 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 860 of 1161 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business ? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 31 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 861 of 1161 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE SUBMITTALS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied Professionals have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Professional's Signature THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 32 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 862 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Respondent is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The Respondent understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 33 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 863 of 1161 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: THIS PAGE TO BE SUBMITTED FOR PROPOSAL TO BE CONSIDERED 34 COMPLETE AND ACCEPTABLE. RFP No. 026-1810-18/IT Page 864 of 1161 @ / / - LU c o o \ £ 00 § ® . n § e - 2 @ o 0 / _ _ (L / f 2 ° ' e 7 0 C Q d 5 Eo - q 2 \ ƒ \ k S � � 0 oee � o k % 7 0 \ * ' = t2 72 \ (3) (n 7 £ (C).\ 7 4a a = 2 I2:, § � = 2 / \ \ � 0 = o oc 2 0E mLO o y ■ § ¥ % \ / -6 § k 6 § \ ¢ o s n @ \ E E ¥ 2 * Ee � ° 2 o0 L Cl) m t2 / � \ � \ f U z (1) �$ 0 0 Co k F- � \ 72 e \\ LU LU Cl) co '07 \2 C o o � / ) \ e_ ° � J � gam = k \ � � 0 F = � ° 00 e u ■ c » � $ § M 0 / / % 3 U co 2 � / j k k7f � �_& [ Wa \ m o m / / � / § \ $ 2E o Z LL 0 O \ \ k0 2 \ \ c � z 2 0 = ■ ° / � _ « _ 2 (L W \ § % $ E ° 2 0 \ FL L n = E , 2 § \ E � z O � \ -0 \/ 2 0 = 0 2Lu 2 W � S � ° 2 � " co § E _ § = 2 � � \ D U E/ ƒ § ¥ / 7 Lu0 m $ R o t e = 0 u 2 = a % @ o « 0 0 CL \ /\ ° k /k 2 aE= ± tea § ± 0 2 � � 0 o n _ _ � ■ �9 / _ (D 0 = 2 U) _ / n e n = � ■ t » � CLE Q\ c 7 _ / ftm U ° Co- a \\a o £ = # ƒ / 222 2 ± \ f § o o % = [ _ 0c � 00 � a) _ ■ o 7 » u o -M a) f $ g ƒ ° � = f � E @ n § Co = o . / / 2 � 2 7 U 5ka ± 0 0 2 0 \ R = = o ■ 7 ooAS, STATEMENT OF NO SUBMITTAL If you are not submitting an RFP for this project, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of Firm's name from the City's Vendor list. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your RFP No.: 026-1810-18/IT for "PUBLIC OPINION SURVEYING SERVICES" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 36 Page 866 of 1161 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND SURVEYING SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and , hereinafter referred to as "PROFESSIONAL", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Firm is retained by the City to perform professional services in connection with the RFP FOR PUBLIC OPINION SURVEYING SERVICES; RFP No.: 026- 1810-18/IT. 2. SCOPE OF SERVICES. Firm agrees to perform the services, identified in Section II—Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROFESSIONAL to proceed. PROFESSIONAL shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission. 5. PAYMENT: The City will pay the PROFESSIONAL, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed a. Payment for the work provided by PROFESSIONAL shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROFESSIONAL shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROFESSIONAL may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROFESSIONAL in the amount approved. c. Final payment of any balance due the PROFESSIONAL of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROFESSIONAL'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 37 Page 867 of 1161 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. Professional shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Professional shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Professional's own employees, or damage to property occasioned by a negligent act, omission or failure of the Professional. 9. INSURANCE. The Professional shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars ($2,000,000) aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the Professional is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Professional nor any employee of Professional shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Professional, or any employee of Professional. 11. COVENANT AGAINST CONTINGENT FEES. The Professional warrants that he has not employed or retained any company or person, other than a bona fide employee working solely 38 Page 868 of 1161 for the Professional, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Professional, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Professional shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Professional. b. In the event of the death of a member, partner or officer of the Professional, or any of its supervisory personnel assigned to the project, the surviving members of the Professional hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Professional and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Professional shall be sent to the following address: 39 Page 869 of 1161 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Professional 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 Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US 40 Page 870 of 1161 DATED this day of 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Professional Attest/Authenticated: Title (Corporate Seal) Judy Pyle, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Secretary Page X71 of 1161 EXHIBIT A SCOPE OF SERVICES [Scope of Services will be inserted prior to execution] Page'972 of 1161 EXHIBIT B FEES AND PAYMENTS [Will be inserted prior to execution] Page X73 of 1161 7.C. BIDS AND PURCHASES OVER$100,000 10/2/2018 CITY OF BOYNTON BEACH `• AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Award the Bid for "TWO YEAR CONTRACT FOR LANDSCAPE MAINTENANCE" Bid#029-2730-18/ITto Blue Marlin Investment Company, Duval Landscape, LV Superior Landscaping, Property Works , and Vincent& Sons Landscaping. The estimated annual expenditures is $1,080,896.18 which includes the award amount of$900,896.18 and $100,000.00 for additional services for Nuisance Abatement, Median Restoration, and unforeseen requests. The bid allows for three (3), one (1) year renewals. EXPLANATION OF REQUEST: Bid Term: October 1, 2018 - September 30, 2020 On July 26, 2018, Procurement Services opened ten (8) proposals from landscaping contractors. All bids were reviewed and calculated by the Facilities Management Supervisor. The Public Works Department recommends a multi-award to lowest, most responsive, responsible bidders who met all specifications of the bid. Facilities has the right to re-assign areas based on level of service provided throughout the contract. Vendors with an estimated annual award of$25,000 or more have been contacted concerning the performance/payment bond requirement that was in the bid documents and are presently working on satisfying that bid requirement. All will be in place prior to October 02, 2018. During final review, City staff has determined that it would be in the best interest of the City to continue to maintain certain parks/parcel by City staff as opposed to contracting out the service to vendors. As a result those sites have been noted on the attached listing as "City to Maintain" and not included in the recommended awarded amounts to vendors. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure the best, most economical contractual landscaping services for various parks, building grounds, lots, alleyways, medians/right-of-ways (ROW), Cemetery, the Nuisance Abatement Program, and Median Restoration. This also includes needed Additional Services for new areas along with arborist services and irrigation checks for specific issues not as a scheduled maintenance for an entire site. The bid is for a period of two (2)years at the following frequencies with provisions in the bid to allow for three (3) one (1)year renewal periods based on vendor acceptance, satisfactory performance, and in the best interest of the City. TYPE OF SERVICE AREAS ANNUAL SERVICES Basic Maintenance Parks& Facility Sites, Cemetery, 18-156 Medians/ROWs, Future Parks, Alley Ways and Lots Pruning & Hedge/Shrub Maintenance Parks& Facility Sites, 12 Medians/ROWs Pruning & Hedge/Shrub Maintenance Alleyways 4 Irrigation Checks All sites with irrigation 18 Mulching Parks& Facility Sites w/Mulch 1 Page 874 of 1161 Mulching Medians/ROWs(Median 0 Restoration is separate), Future Park Sites,Alley Ways& Lots Fertilization Parks& Facility Sites,& 2 Medians/ROWs Pest Control All sites As needed Arborist Services Limited Parks& Facility Sites, 1 Future Park Sites, Medians,Alley Ways Nuisance Abatement—Additional Properties within the City limits As needed by Code Services(Arborist Services& Lot Compliance Maintenance Median Restoration Various As needed Additional Services Various As needed. FISCAL IMPACT: AWARD TOTALS BYVENDOR Blue Marlin Investment Company $138,164.00 Vincent and Sons $580,270.78 LV Superior Landscaping $67,752.00 Property Works $129,676.76 Duval Landscaping $65,032.64 ADDITIONAL SERVICES (Various Vendors)As Needed $100,000.00 TOTAL $1,080,896.18 BUDGET BYACCOUNT NUMBER FY18/19 Budgeted Amount 001-2730-572-46.98/Parks& Grounds $1,228,000.00 001-2211-522-34.25/NUISANCE $25,000.00 ABATEMENT 631-3110-539-49.17/Cemetery $19,200.00 TOTAL $1,272,200.00 ALTERNATIVES: Costs associated with these services can be adjusted by reducing service frequencies or by eliminating landscaped maintained areas. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 875 of 1161 Grant Amount: ATTACHMENTS: Type Description D Attachment Summary of awarded parcels D Attachment Tab sheet D Attachment Lanscape bid Page 876 of 1161 Site IDs for the Bid Yearly Total $ 1,080,896.18 PF Park and Facility Sites(PF) Description $ 297,882.50 VENDOR Group` Amt Vincent&Sons y.11.1,011111 $ 2,314.00 Intracoastal Park(Excluding Lake,Littoral,&Mangrove Wetland Area)@ Vincent&Sons $ 20,860.00 City to maintain 2240 North Federal Hi hwa Vincent&Sons Kiwanis-Sierra Park @ 554 NE 22nd Avenue $ 1,896.00 Duval Landscape Mangrove Park(Excluding Mangrove Wetland Area)@ 700 NE 4th Avenue $ 6,486.00 Mangrove Walk at the Marina(Excluding Lake&Littoral Area)@ East End Duval Landscape of Boynton Beach Blvd near the Intracoastal(Needs trash and blow off 2 x's a $ 14,743.32 week,M&F or Tu&F)(Blow off,Pickup Fronds,Debris,Empty all Trash xOceanfront Park @ 6415 North Ocean Blvd(Needs trash and blow off 2 x's Vincent&Sons $ 28,500.00 City to maintain a week M&F or Tu& Blue Marlin Investment Harvey E.Oyer,Jr. Park(Boat Club Park)@ 2210 North Federal Highway $ 14,980.00 City to maintain Vincent&Sons Palmetto Green Linear Park-East @ 421 NE 13th Avenue $ 7,100.00 Blue Marlin Investment Veteran's Memorial Park(Bicentennial Park)@ 400 North Federal Highway $ 2,390.00 City to maintain Vincent&Sons Dewey Park @ 100 NE 4th Street $ 3,353.00 Duval Landscape Public Works Compound @ 222 NE 9th Avenue(Interior&Exterior) $ 7,750.92 Barton Park&Barton Memorial Cemetery Park (NOTE: Do not use edgers Duval Landscape around headstones;contractor to be responsible to repair any damages.)@ $ 8,789.00 City to maintain 1110 NW 5th Street Property Works Boynton Lakes Park @ 300 Boynton Lakes Blvd $ 39,542.62 Blue Marlin Investment Fire Station#3 and Pistol Range @ 3501 North Congress Avenue $ 9,100.00 Blue Marlin Investment Fire Station#5 @ 2080 High Ridge Road $ 12,110.00 Property Works Galaxy Park-2012 @ 461 West Boynton Beach Blvd $ 17,368.88 City to maintain Blue Marlin Investment Heritage Park @ NW 10th Avenue&North Seacrest Blvd. $ 5,520.00 Vincent&Sons Ezell Hester Park @ 1901 North Seacrest Blvd $ 42,800.00 City to maintain Duval Landscape Laurel Hills Park @ 600 NW 7th Street $ 8,369.04 Vincent&Sons Meadows Park @ 4305 North Congress Avenue $ 29,720.00 Property Works $ 13,420.00 Vincent&Sons Pioneer Canal Park @ 848 NW 13th Avenue $ 14,840.00 City to maintain Vincent&Sons Sara Sims Park @ 201 NW 9th Avenue(Renovation Complete by 2019) $ 11,370.00 Sara Sims Memorial Cemetery or no o e con uc a ur►ng funerals. Also,do not use edgers around headstones;contractor to be Property Works $ 7,797.95 City t0 maintain responsible to repair any damages.)@ 100 NW 9th Avenue(Renovation Property Works Carolyn Sims Center&Denson Pool(Wilson Park)@ 225 NW 12th Avenue $ 21,184.57 City to maintain Duval Landscape Edward Harmening Arbor Park @ South Seacrest Blvd&Woolbright Road $ 3,880.96 (Renovation in progress,seeplans) Property Works Jaycee Park(Excludes Mangrove Wetland Area)@ 2600 South Federal $ 18,443.17 HifThwav Duval Landscape Pence Park @ 400 SE 5th Avenue $ 11,760.00 City to maintain Blue Marlin Investment Senior Center @ 1021 South Federal Highway $ 5,645.00 City to maintain Duval Landscape Betty Thomas Park(SE Neighborhood Park)@ 2882 SE 2nd Street $ 16,178.50 Property Works Fire Station#4 @ 1919 South Federal Highway (Once $ 16,846.60 a month Boynton Memorial Cemetery&Mausoleum (NOTE: Work not to be conducted during funerals. Also,do not use edgers around headstones; Property Works contractor to be responsible to repair any damages.)@ 1611 South Seacrest $ 53,567.98 City t0 maintain Blvd Property Works Congress Community Park-Tennis Center&Courts @ 3111 South Congress $ 19,798.72 Avenue Blue Marlin Investment Congress Avenue Barrier-Free Park @ 3111 South Congress Avenue $ 20,770.00 City to maintain Blue Marlin Investment Fire Station#2 @ 2615 West Woolbright Road $ 9,984.00 Page 877 of 1161 Property Works Forest Hills Park @ 2500 SW 8th Street $ 18,625.65 Vincent&Sons Hibiscus Park @ 660 SW 1st Avenue $ 3,320.00 Blue Marlin Investment Little League Park(Excluding the Ballfields)@ 300 SW 15th Avenue(Details $ 15,440.00 and Hedge Line Blue Marlin Investment Police Sub-Station(Old Fire Station#2)@ 2210 South Congress Avenue $ 2,570.00 FP Future Park Sites(FP) Description $ 30,623.90 VENDOR Group Amt Blue Marlin Investment Meadows-Nautica Sound Park;see map $ 6,500.00 Duval Landscape Nickels Road Park;see map $ 960.00 Duval Landscape Quantum Park;see map $ 4,293.90 Blue Marlin Investment Winchester Park;see map $ 1,800.00 Blue Marlin Investment Old Landfill(PCN 00-43-45-11-00-000-5020)34 acres West of Military Trail, $ 11,400.00 north of LeChalet off of Haverhill Extension Duval Landscape FPL Park(195&south of Golf Road);see map $ 1,200.00 Blue Marlin Investment Girl Scout Park(195&Chapelhill Drive;entrance off of Sunset);see map $ 1,800.00 Blue Marlin Investment Woolbright Place(L-shaped Lot on SW 1st Court off of SW 8th Street);see $ 1,500.00 ma Duval Landscape Parcel west of Fire Station#2 $ 1,170.00 AHeyways Description $ 62,496.00 VENDOR LV Superior NE 26th Avenue at End of Road from NE 4th Street to Federal Highway LV Superior NE 3rd Street at End of Road from NE 11th Avenue to Mid-Alley before NE 12th Avenue LV Superior Between 291&311 NE 16th Avenue LV Superior Between NE 4th Avenue&NE 3rd Avenue and NE 1st Street&North Seacrest Blvd. Between NE 3rd Street&North Railroad Avenue east of PCN 08-43-45-21-18- LV Superior 000-1540,1550,&1560;see map. Between NE 3rd Street&North Railroad Avenue west of PCN 08-43-45-21- LV Superior 18-000-1540 1550 &1560•see map. Between NE 2nd Street&North Railroad Avenue just west of 402 NE 13th LV Superior Ave&west 401 NE 12th Ave LV Superior Between NE 3rd Street&NE 1st Street and East Ocean Avenue&NE 1st Avenue LV Superior East end of NE 1st Avenue between NE 3rd Avenue&Railroad Property LV Superior East of 339 NE 11th Avenue going North&South;see map. LV Superior Between NE 11th Avenue&East Martin Luther King Jr Blvd and North Seacrest Blvd&Railroad Avenue-approximately 5 feet wide. LV Superior NE 4th Avenue at End of Road west of NE 3rd Street LV Superior Between NE 1st Avenue&East Ocean Avenue and NE 1st Street&Railroad Property LV Superior Between Boynton Beach Blvd&NE 1st Avenue and NE 2nd Street&NE 1st Street "V"shaped) LV Superior Between NW 1st Avenue&West Ocean Avenue from behind 131 West Ocean Avenue to NW 3rd Street LV Superior Between NW 4th Avenue&NW 3rd Avenue and NW 4th Street&NW 3rd Street LV Superior Between NW 5th Avenue&NW 4th Avenue and NW 4th Street&NW 3rd Street LV Superior Between NW 6th Avenue&NW 5th Avenue and NW 4th Street&NW 3rd Street LV Superior Between NW 7th Avenue&NW 6th Avenue and NW 4th Street&NW 3rd Street Page 878 of 1161 LV Superior Between NW 8th Avenue&NW 7th Avenue and NW 4th Street&NW 3rd Street LV Superior Southwest Corner of NW 5th Street&NW 8th Avenue LV Superior Between NW 9th Avenue&NW 8th Avenue and NW 5th Street&NW 3rd Street Between West Martin Luther King Jr Blvd&NW 9th Avenue and NW 5th LV Superior Street&NW 3rd Street Between NW 11th Avenue&West Martin Luther King Jr Blvd and NW 5th LV Superior Street&NW 3rd Street LV Superior Between NW 11th Avenue&West Martin Luther King Jr just west of North Seacrest Blvd and ends before NW 1st Street;only 5 feet wide LV Superior Between NW 5th Street&NW 4th Street and NW 8th Avenue&NW 4th Avenue Between NW 3rd Street&NW 2nd Street and NW 8th Avenue&Boynton LV Superior Beach Blvd.(Note:There is an access issue one parcel north of NW 6th Avenue the length of 2 homes. LV Superior From NW 1st Street to North Seacrest Blvd between NW 9th Court&NW LV Superior U-Shaped R.O.W.@ NW 10th Street&LeGrace Court;See Map. LV Superior Between CI-9&North Seacrest Blvd along NW 9th Court LV Superior Between SE 1st Avenue&SE 2nd Avenue from SE 1st Street to Railroad Property LV Superior SE 31st Avenue between 128&134 SE 31st Avenue;backs up to the South Seacrest Scrub. No PCN;See Map. LV Superior Between West Ocean Avenue&SW 1st Avenue and SW 2nd Street&127 SW 1st Avenue LV Superior Between 636&638 SW 4th Avenue LV Superior West of 730 SW 3rd Avenue at SW 8th Street Median and Rights-of- MR Description' $ 504,465.06 Wa s/ROWs ' VENDOR Vincent&Sons North Federal Hwy Median $ 84,510.46 Vincent&Sons Gateway Blvd Median(GWB-1 thru GWB-24) $ 47,608.04 Vincent&Sons Boynton Beach Blvd Medians(BBl-BB-20) $ 50,286.84 Vincent&Sons East Ocean Ave Roaws&Medians(OA-2 thru OA-7) $ 23,170.00 Vincent&Sons Seacrest Medians and ROWS total $ 93,603.56 Vincent&Sons Circle Islands(CI-2 thru CI-9) $ 16,298.20 Vincent&Sons North Congress Ave(NC-1 thru NC-23 $ 22,100.24 Vincent&Sons Hypoluxo Rd Meadians(HR-11 thru HR-16) $ 6,184.00 Vincent&Sons Knuth Rd Rows(KR-1 thru KR-4) $ 5,754.00 Vincent&Sons S Federal Hwy Medians(SF-1 thru SF-26)&ROWS Total $ 65,146.62 Vincent&Sons SE 4th Street Medians&ROWS(SE-1 thru SE-9) $ 9,835.10 Vincent&Sons S Congress Ave Medians(SC-1 thru SC-19) $ 52,392.00 Vincent&Sons Woolbright Rd Medians(WR-1 thru WR-10) $ 27,576.00 Lots Description $ 17,172.00 VENDOR Vincent&Sons LOT on NE 3rd Street just south of 404 E.MLK Jr.Blvd.(PCN 08-43-45-21- $ 600.00 18-000-1540 Vincent&Sons LOT on NE 3rd Street the 2nd lot south of 404 E.MLK Jr.Blvd.(PCN 0-43- $ 600.00 45-21-18-000-1550 LV Superior LOT between 238&250 NE 7th Avenue(PCN 08-43-45-21-36-000-0400) $ 540.00 Vincent&Sons LOT east of 339 East Martin Luther King Jr.Blvd./NE 10th Avenue(PCN 08-Is 600.00 43-45-21-27-001-0090 Page 879 of 1161 LV Superior LOT on SW Corner of NE 11th Ave&NE 2nd Street(PCN 08-43-45-21-22- $ 504.00 003-0011 LV Superior LOT @ 319 NE 12th Avenue between 317&323 NE 12th Avenue(PCN 08-43- $ 540.00 45-21-20-002-0182 Vincent&Sons Animal Shelter Site @ 415 NE 4th Street $ 540.00 Vincent&Sons LOT on NW 1st Street just north of 2221 NW 1st Street(PCN 08-43-45-16-01- $ 60.00 022-0381 LV Superior LOT on NW 1st Street,the triangle just south of 2221 NW 1st Street(PCN 08- $ 216.00 43-45-16-01-022-0400 LV Superior LOT on NW 4th Avenue just east of 219 NW 4th Avenue(PCN 08-43-45-21- $ 216.00 07-002-1600 LV Superior LOT on NW 4th Avenue just west of 219 NW 4th Avenue(PCN 08-43-45-21- $ 216.00 07-002-1620 LV Superior LOT on NW 5th Street on SE corner of NW 11th Avenue(PCN 08-43-45-21- $ 288.00 14-000-2690 LV Superior LOT @ 103 NW 8th Avenue(PCN 08-43-45-21-07-004-1470) $ 216.00 LV Superior LOT @ W.Martin Luther King Jr.Blvd./NW 10th Avenue(PCN 08-43-45-21- $ 216.00 09-000-0012 LV Superior LOT @ 116 NW 11th Avenue(PCN 08-43-45-21-19-000-0150) $ 216.00 LV Superior LOT @ 134 NW 11th Avenue(PCN 08-43-45-21-19-000-0100) $ 72.00 LV Superior LOT @ 144 NW 11th Avenue(PCN 08-43-45-21-19-000-0080) $ 216.00 LV Superior LOT @ 134 NW 11th Avenue(PCN 08-43-45-21-19-000-0070) $ 72.00 LV Superior LOT @ 154 NW 11th Avenue(PCN 08-43-45-21-19-000-0090) $ 216.00 LV Superior LOT on NW 11th Avenue on SW corner of Seacrest Blvd.(PCN 08-43-45-21- $ 216.00 24-000-0101 LV Superior LOT on Seacrest Blvd.just south of lot on NW 11th Avenue(PCN 08-43-45- $ 216.00 21-24-000-0103 LV Superior LOT @ 905 N.Seacrest Blvd.(PCN 08-43-45-21-07-004-1460) $ 216.00 LV Superior LOT on NW 5th Street between 1621&1611 NW 5th Street(PCN 08-43-45- $ 216.00 16-01-044-0052)•Note: PAPA has address as NE. Property Works Rolling Green Mun.Complex(RGMC)- 515 NW 15th Court(Entrance off of $ 3,000.00 NW 14th Ave. Vincent&Sons Lot on NW 146 NW 11th Ave PCN 08-43-45-21-19-000-0050 $ 840.00 Vincent&Sons Lot on NW 128 NW 11th Ave PCN 08-43-45-21-19-000-0120 $ 840.00 Vincent&Sons Lot on NW 124 NW 11 th Ave PCN 08-43-45-21-19-000-0130 $ 600.00 Vincent&Sons Lot on NW 120 NW 11 th Ave PCN 08-43-45-21-19-000-0140 $ 600.00 Vincent&Sons Lot on NW 1st St 1204 NW 1st St PCN 08-43-45-21-17-003-0050 $ 600.00 Vincent&Sons Lot on N Seacrest 909 N.Seacrest Blvd(PCN 08-43-45-21-07-004-1450) $ 600.00 Vincent&Sons Lot on N Seacrest 913 N.Seacrest Blvd(PCN 08-43-45-21-07-004-1330) $ 600.00 Vincent&Sons LOT on SW 3rd Avenue just west of 730 SW 3rd Avenue(PCN 08-43-45-29- $ 600.00 01-020-0071 Vincent&Sons LOT on SW 24th Avenue including along the wall.(PCN 08-43-45-32-01-002- $ 600.00 0110 LV Superior LOTS North&South of of Mission Hill Road and just East of LWDD-E4 $ 648.00 Canal PCN 08-43-46-05-00-000-1020 Vincent&Sons ILot East of 566 W.Ocean Ave. is 636.00 Mise Description $ 68,256,72' VENDOR Vincent&Sons Clinic,1620 S.Seacrest Blvd.(Once a month) $ 6,050.02 Vincent&Sons Boynton Memorial Cemetery&Mausoleum-Entrance Median(Once a $ 1,766.70 month Boynton Beach Extension(two times a week(Monday&Thursday or Friday) Blue Marlin Investment Company $ 5,200.00 tow off,Pickup Fronds Debris Empty all Trash Cans Model Block&MLK(three times a week)(Federal west to NW 1st Street) Blue Marlin Investment Company (Trash and Litter,Monday,Wednesday,Friday. (See $ 7,800.00 Imap for locationperimeters) Page 880 of 1161 Bus Stops(34 total)Monday and Friday(Pickup trash within 15'of bus stop) Blue Marlin Investment Company $ 42,640.00 (Empty all Cans). (See map for location perimeters) I-95 Woolbright,Boynton Beach Blvd,and Gateway)(1st week of every Blue Marlin Investment Company month)(Includes back of guardrail plus 2'). (See map $ 4,800.00 for locationperimeters) Bee Control(Any City of Boynton Beach ctiy owned property) JASNEEDED Additional Services Description $ 100,000.00' lKnollwood Park(Excluding Lake&Littoral Area)@ 8121 Lawrence Road AWARD TOTALS BY VENDOR B1u�11Iarliu-luvestilien't'Conp�hy `" $ 138,164.00 Viuout`aons $ 580,270.78 LV uperio $ 67,752.00 Frprt "Works $ 129,676.76 Dual Landsdaliing $ 65,032.64 ',Adclitibnul' ervco $ 100,000.00 $ 1,080,896.18 Page 881 of 1161 , . ! } - � ` / j ��:}H - //// , ; „ ! 6 o _ _--- - \° N - m ( / m ) ¢ 2 _ n Eg 10 ! ! } : / 0 -- ! - / ! < \/\ ! } „ \ !!!5 \ ! ! \ EEL _- `� - -; }\{ 2 \ -// 2 \} ©OE - / \ ) ) );\} \ : _ - w ( r : } }\\( �'05: : :::)_:_))) \\( \( \} - } } ( }\/\:\\ S: a a / § _ : ;§::::) :(: r} < 00 0.90 «: 6 9 } \ ) /_ : - : :\/)})\ \( / \ } 0 \\ : t '} f`fly+4r5�1i,`t2��}yib`+!{v21\\�j21y\ty r)�it`sJ�3'}SittF �i};i)}t)`{ft'Z,lhs}\$)Sis}`�1�4 itiltr`tt}sS,�} t i'}tJ}}t,5 )tts t,cyislt\ {?'i4, {ti4ti tt(\\ - };ll2l�tj�{7�}�;�(>�:.,�t���)il u ;Sr1`,{si}}it 1iSttttrt(�4`1\\i't`�,\t`t.{Zrft�}I} ,d „s'l. 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BOA( "SON BEACH BLVD. t4\t}`i'l ir�,lsli?I' t�,t 1 vl, 2\ ;i4 £t}l t>} +'i1�2t S}t+ t s r \ttt 'tsii ,5tt, SlJtittt7� BOYNTON ACHlitf't`}47\,r ( ,7ttt � FL 33435 utit;t�fl\\\`r,ssli2[{ttli`s\,\{ii\`}1)\�1s\i}l\i�t�'iiSj�v, l�frt'.11� si`ii\(t'�v� +,.\i� 12\Stisii\ )�)sa7t %,1t}t6»,fit{}itk,s\st.. 'l ),(`\\},i)\}`it(,is\y�i1'{{#vt}i{F`4l;ilt ast\1tt 1 t 5) :,�y\MR, t1li+v4s ki?ti\cit2,?sshP}st\ Pi,211} \l21 t}'r ls!}. }{i,\tQ+}}1(i'�:tjs(��)`� `t`�y\�}y;+y�t�\51\fttt}$l(�t�(}�1)\2 \t(t�tt�t �l\s+.4 y> l+ll{'C1Si S}�11r 1?;stti\}' ,fur,,s•.,sts�{j}It;\ �1.'t\il�l)�\l1t'ssil`\\Si t4`il;i,ly;l{\�1s1121{lf4i l�)�ilii r,.,YS'11+7uJ ,}i�l}fii�il\if\1(O�t`\£{11,U ,is;l,)tt ri{\�t},1 }t i 1t1�\i i yss i { tr , V 1( �tl) V t, itfi)t �+ 1 BID OPE NIN '` X11,114, '',a , t� t't ,,1 ,',t;,} 'CAL TIME) 11, PURCHASING+9E`I �iyDES, CITY HALL 100229251.2 306-9001821} Page 883 of 1161 The City of Boynton Beach Purchasing Services 100 E.Boynton Beach Boulevard P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone: (561)742-6323 FAX. (561)742-6316 INVITATION TO BID FOR LANDSCAPE MAINTENANCE SERVICES BID No.: 029-2730-18/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, or mail to P.O. Box 310, Boynton Beach, Florida 33425-0310 on or by: JULY 26, 2018; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES-CITY HALL 2ND FLOOR unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or BID NO. 029-2730-18/IT—LANDSCAPE MAINTENANCE SERVICES 1 Page 884 of 1161 member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: triestmanip—bbfl.us BASIC SCOPE OF SERVICES: The City of Boynton Beach is seeking bids from qualified contractors to provide landscape maintenance for City properties. A NON-MANDATORY PRE-BID MEETING will be held on July 3, 2018, 9:00 A.M., at Boynton Beach City Hall, Commission Chambers, 100 E. Boynton Beach Blvd., Boynton Beach, Florida. Contact: City of Boynton Beach Purchasing Services 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 Ilyse Triestman, Purchasing Manager (561) 742-6322 or triest an bbfl,us Office Hours: MONDAY— FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH 1-0 TIM W. HOWARD ASSISTANT CITY MANAGER—ADMINISTRATION BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 2 Page 885 of 1161 INVITATION TO BID FOR LANDSCAPE MAINTENANCE SERVICES BID No.: 029-2730-18/IT Section 1 — SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until JULY 26, 2018 at 2:30 P.M. (LOCAL TIME) in Purchasing Services located on the second floor of City Hall, 100 E. Boynton Beach Boulevard, Boynton Beach, FL. 33435. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original, so marked, and two (2) copies, of the bid response shall be submitted in one sealed package clearly marked on the outside "INVITATION TO BID FOR LANDSCAPE MAINTENANCE SERVICES" to: City of Boynton Beach, Purchasing Services, P.O. Box 310, 100 E. Boynton Beach Blvd., Boynton Beach, FL 33425-0310. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 3 Page 886 of 1161 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, Bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 4 Page 887 of 1161 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 5 Page 888 of 1161 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 6 Page 889 of 1161 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 7 Page 890 of 1161 and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 8 Page 891 of 1161 computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Contract Administrator or his or her designee and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Manager and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 9 Page 892 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E. BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to (lyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmani(MbbfLus BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 10 Page 893 of 1161 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 11 Page 894 of 1161 SPECIAL TERMS AND CONDITIONS BID TERM: The initial term of the Bid awarded shall be for two (2) years from the effective date of the bid award and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is in the sole and exclusive discretion of the City. BASIS OF AWARD: The City reserves the right to make multiple awards for this Bid. Awards may be made to the lowest priced responsive and responsible bidder(s) as follows: PARK AND FACILITY SITES (PF): The City anticipates award to multiple vendors for this section. Award may be made to the lowest priced responsive and responsible bidder per location. The bidder must bid on all services per location to be considered for award of that location and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for that location will be construed as incomplete and ineligible for award of that location. FUTURE PARK SITES (PF): The City anticipates award to multiple vendors for this section. Award may be made to the lowest priced responsive and responsible bidder per location. The bidder must bid on all services per location to be considered for award of that location. The bidder must bid on all services per location to be considered for award of that location and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for that location will be construed as incomplete and ineligible for award of that location. ALLEYWAYS (AW): The City anticipates award to one vendor for this group. Award may be made to the lowest priced responsive and responsible bidder for this group. The bidder must bid on all services for all locations within the group to be considered for award of group and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for all locations within the group will be construed as incomplete and ineligible for award of the group. MEDIANS AND RIGHT-OF-WAYS/ROWs (MR): The City anticipates award to one vendor per group. Award may be made to the lowest priced responsive and responsible bidder per group. The bidder must bid on all services for all locations within the group to be considered for award of group and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all services BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 12 Page 895 of 1161 for all locations within the group will be construed as incomplete and ineligible for award of the group. LOTS: The City anticipates award to multiple vendors for this section. Award may be made to the lowest priced responsive and responsible bidder per location. The bidder must bid on all services per location to be considered for award of that location. The bidder must bid on all services per location to be considered for award of that location and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all services for that location will be construed as incomplete and ineligible for award of that location. MISCELLANEOUS SERVICES: The City anticipates award to multiple vendors for this section. Award may be made to the lowest priced responsive and responsible bidder per service. You do not need to bid on all items in this section. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." These items will not be considered in the evaluation process for award recommendation. ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. PAYMENT AND PERFORMANCE BONDS: ANNUAL CONTRACT OF $100,000 AND LESS No payment and performance bonds will be required for annual contracts valued at $100,000 and less per year. ANNUAL CONTRACT OF $100,001 - $300,000 For each annual contract in an amount from $101,000 to $300,000, furnish to the City and maintain in effect throughout the duration of the contract, Payment and Performance Bonds in the amount of$25,000, as security for faithful performance of work and for the payment of all persons performing labor and furnishing materials in connection therewith. In the event that the annual contract amount exceeds $300,000, the Contractor shall furnish additional Payment and Performance Bonds in the amount of $25,000. ANNUAL CONTRACT OF $300,001 AND ABOVE For each annual contract in an amount of $301,000 and above, furnish to the City and maintain in effect throughout the duration of the contract, Payment and Performance Bonds in the amount of$50,000, as security for faithful performance of work and for the payment of all persons performing labor and furnishing materials in connection therewith. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 13 Page 896 of 1161 RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. POWER OF ATTORNEY: Attorneys-in-fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. SCRUTINIZED COMPANIES LIST: Any company, principals, or owners on the Scrutinized Companies with Activities in Sudan List or on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List is prohibited from submitted a response to a City of Boynton Beach solicitation for goods or services in an amount equal to or greater than $1 million. Therefore, if applicable, each company submitting a response to a solicitation must certify to the City that it is not on either list at the time of submitting a bid. The certification form will only be attached to a solicitation if the estimated purchase amount is $1 million dollars or greater and should be submitted at the time of submitting a response; if not submitted with the bid it must be furnished within three (3) business days after request by the Purchasing Manager but prior to recommendation of award to the City Commission. Under the circumstances, the City estimated purchase amount is no greater than $1 million dollars, but resulting contract is $1 million dollars or greater, the City will exercise the right to require firm to submit the certification form by the imposed deadline. In either case, failure to timely provide the certification shall deem the submittal non-responsive. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 14 Page 897 of 1161 For the purposes of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. TERMINATION FOR DEFAULT: In addition to all other remedies available to the City, this Contract shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"): The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay, or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: a) The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and d) The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Landscape Maintenance Reports. The contractor will submit date and time stamped before and after pictures for all work being invoiced. This shall include all contract items listed in the SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS, PARAGRAPH 13. QUALITY STANDARDS FOR LANDSCAPE DISCIPLINES. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 15 Page 898 of 1161 The Finance Department processes payments either through E-Payables or paper checks every two (2) weeks and all checks are mailed; no exceptions. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Gail Mootz, Project Supervisor/Contract Administrator 222 NE 9t"Avenue Boynton Beach, Florida 33435 All invoices submitted shall consist of an original and one (1) copy as follows: ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide a clear description to identify the goods and services for which payment is requested; ➢ Contain date of delivery and/or completion of phased services; The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. CONTRACT ADMINISTRATOR: The Contract Administrator is Gail Mootz, Project Supervisor/Contract Administrator, 222 NE 91h Avenue, Boynton Beach, Florida 33435. Telephone no.: (561) 742-6223. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 029-2730-18/IT-LANDSCAPE MAINTENANCE SERVICES 16 Page 899 of 1161 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 1. PURPOSE AND INTENT The purpose and intent of this Invitation to Bid is to secure firm fixed pricing and to establish a term contract for landscape maintenance services at various locations within the City of Boynton Beach. Bids will only be considered from qualified bidders that have a principal place of business within a forty (40) mile driving distance from the City's Public Works Department located at 222 NE 9th Ave., Boynton Beach, Florida, 33435-0310. Failure to meet this mandatory requirement will be grounds to deem submittal non-responsive and ineligible for award. 2. SCOPE OF WORK The scope of work shall include but not be limited to the furnishing all labor, materials, equipment, and incidentals required for: mowing, trimming, edging and weeding of all landscaped areas, including turf areas, flower beds, shrub beds, and ground cover beds, pest control/herbicide treatment, fertilization, mulching, blowing sidewalks, and roads as needed, and the removal of all litter and landscape debris, such as fallen palm fronds while on site. The successful bidder(s) herein referred to Contractor(s) shall furnish all labor, supervision, equipment, supplies, tools, materials, fuel, services, and all other necessary incidentals required to fully maintain the general condition of the City property grounds to a superior level using the highest and best maintenance practices in the industry. The Contractor(s) shall provide such other work, as may be required by these specifications, to maintain the City's landscape area throughout the year. It is expected that similar work will be added or deleted during the term of the agreement. The Contractor(s) must at all times adhere to the City of Boynton Beach's Code of Ordinances, Part III — Land Development Regulations, Chapter 4—Site Development Standards, Section 4 - Standards. Failure to meet the specifications and requirements as set forth in this contract, may result in non-payment for the service and could result in termination of the contract. The areas to be maintained under this contract are listed on the price proposal sheets Attachment "A" and detailed descriptions and maps are also provided on a DVD that will be furnished to the prospective bidders at no charge upon request. 3. LICENSING AND CERTIFICATION At the time of bid submittal, the bidder must possess and provide written evidence (copies of current licenses/certifications) that show that the firm (bidder) or a principal in the firm or a subcontractor of the firm be licensed to contract the scope of work in Palm Beach County with the following: 1. Lawn and Ornamental Pest Control License Additionally the bidder must provide written evidence (copies of current licenses/certifications) that show that the firm (bidder) or a principal in the firm be licensed to contract the scope of work in Palm Beach County with the following: 1. Limited Commercial Fertilizer Applicator Certificate 17 Page 900 of 1161 All required licenses and certifications must be held current thru the entire term of the Contract. 4. INSPECTION OF WORK All areas serviced by this contract will be inspected routinely by the contractor administrator or her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance or non-performance. Any performance or non-performance issues noted by the contract administrator will be brought to the attention of the contractor through the use of Landscape Maintenance Report. The contractor will be given two (2) business days to correct the deficiency after it is reported on the Landscape Maintenance Report. No penalty will be charged during this first two (2) business day period. Business days are defined as Monday thru Saturday, 7 AM to 5 PM. The two (2) business day period may be extended in writing by the contract administrator should any extraordinary circumstances warrant such extension in her judgment. 5. WORK SCHEDULE The Contract Administrator will provide Work Schedules (Logs) to the Contractor(s) on an annual basis. (Typically in either August or September.) These Work Schedules should be used by the Contractor(s) as Work Logs as they will indicate what areas and services are requested and when they are required. No work is to be conducted in the parks on the weekends or when notified that an event is to occur as not to interfere with visitors or activities. The exception to this work schedule shall be trash/debris pick-up and the contractor will be notified of any additional weekend or special clean-up by the Contract Administrator or her designee. 6. CONTRACTOR RESPONSIBILITY ■ Contractor(s) shall provide all supervision, labor, tools, and equipment to complete all services including obtaining underground locates whenever the contractor's staff will disturb the ground to ensure that no buried lines, pipes, or utilities in the work area will be damaged by contractor's operation. ■ Contractor(s) will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. ■ Contractor(s) shall provide and ensure the wearing of protective clothing, masks, ear and eye protection, etc., as required by Laws, Regulations, Ordinances, and/or manufacturer's instructions for materials and equipment. The Contractor's personnel shall be in company uniform during the performance of maintenance duties. ■ Contractor(s) is responsible to educate and provide all safety training and personal protection equipment for all of their personnel including following O.S.H.A Regulations and the Manual of Uniform Traffic Control Devices (M.U.T.C.D.). ■ Contractor(s) will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Forms (Department of Homeland Security's Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified. This includes a current copy of the contractor's City of Boynton Beach Business Tax Receipt which must be submitted as part of the Bid Proposal and must be updated accordingly. ■ Contractor(s) must provide a list of contacts with phone numbers who can be reached for emergencies and/or resolving problems. 18 Page 901 of 1161 ■ It is the contractor's responsibility to ensure that sufficient manpower is available with all of the appropriate safety clothing/equipment to complete the assigned tasks irrespective of sickness, holidays, vacations, or other personnel matters. ■ Contractor(s) shall be solely responsible for pedestrian and vehicular safety and control within the worksite and shall provide the necessary warning devices, barricades, and ground personnel needed to give safety, protection, and warning to persons and vehicular traffic within the area, per FDOT Temporary Traffic Control (TTC) requirements. ■ Blocking of public streets shall not be permitted unless prior arrangements have been made with the City and coordinated with the contract administrator. Traffic control is the responsibility of the contractor and shall be accomplished in conformance with State, County, and City highway construction codes. ■ Prior to the commencement of services, the awarded contractor(s) will be required to submit for the City's review and approval Safety Data Sheets (MSDS) for all herbicides, pesticides, and fertilizers to be used in the performance of the services detailed herein. In the event that either the City requires a change in any of the products used, or if a product is discontinued, replaced, changed, or otherwise unavailable, the Contractor(s) will be required to submit a new MSDS sheet for review and approval of that new product prior to use. 7. EQUIPMENT All equipment shall be maintained in an efficient and safe operating condition while performing work under the contract. Equipment shall have all proper safety devices required by all applicable laws, properly maintained and in use at all times. If equipment does not contain proper safety devices and/or is being operated in an unsafe manner, the City may direct the successful bidder to remove such equipment and/or the operator until the deficiency is corrected to the satisfaction of the City. 8. PERSONNEL REQUIREMENTS Persons employed by the contractor or by the subcontractor in the performance of services pursuant to this bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers compensation, unemployment compensation, insurance, salary, wages, or other employee rights or privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. All employees assigned by the contractor shall be fully capable, experienced, and trained in the work they are employed to perform. They shall be physically able to do their work assignments. 9. COMMUNICATIONS The contractor or his/her representative will be available to meet the contract administrator upon request to discuss schedules, performance issues, problems, needs, and mutual areas of concern. The use of the Landscape Maintenance Report will establish a system whereby notice is given by the City to the contractor indicating any performance issues. 10. QUALITY STANDARDS FOR LANDSCAPE DISCIPLINES A. Basic Maintenance includes Litter Control, Mowing, Line Trimming/Edging, and 19 Page 902 of 1161 Blowing. (The City will supply the awarded vendor(s) with trash bags.) Frequency: The City anticipates a minimum of fifty (50) visits per year per location unless otherwise specified or due to budget constraints. a. Litter Control — Shall mean the collection and proper disposal, at the contractor's expense, (and not in any City container without prior approval) any debris within the entire Landscape Maintenance Service Area such as paper, can, bottles, fallen or hanging limbs, rocks, etc. which are not intended to be present as part of the landscape inclusive of entire area including streets/parking areas, sidewalks, pathways, curbs, etc. and the emptying of all trash cans/barrels/receptacles on the site. i. Litter Control must be completed prior to any trimming/edging, mowing, or blowing to eliminate shredding of materials throughout the landscaping and to prevent any possible safety concerns. ii. All litter is to be containerized and properly disposed of. iii. IMPORTANT: All litter collection quantities (by weight, cubic yard or number of full trash bags) to be reported as part of the invoicing on the Work Schedules (Logs); failure to report will delay invoice processing. b. Mowing — Shall be performed in a manner that insures a smooth surface appearance with scalping or leaving any "missed" uncut grass. i. All mowers are to be mulching mowers with closed chutes to minimize the spreading of clippings, must be adjustable to allow for the proper mowing height (actual height to be determined by the condition of the grass and the field usage. Mowers shall have blades sharp enough to cut rather than tear grass blades). 1. Common Bermuda 0.5"-1.5" a. No greater than 1/3 of the height to be maintained. 2. Floratam St. Augustine 3.5"-4" a. no greater than 7" before mowing 3. Bahia 3"-4" /Zoysia 1.5"-2.5" a. No greater than 8" before mowing. 4. Lots/Alleyways a. No greater than 10" before mowing. ii. Mowing shall be done carefully in order to avoid "girdling" trees or shrubs, intruding into ground cover beds, damaging sodded berms, or causing damage to sprinkler heads, valves, time clocks, curbs, or other facilities as the contractor will be responsible for restoring all damage. iii. Mowing shall not be done when weather or conditions will result in damaged turf or rutting; re-scheduling or vacating the schedule for that week must be coordinated with the contract administrator. c. Line Trimming and Edging — Grass shall be trimmed/edged during or immediately after mowing. Trimming/Edging will be accomplished by line trimmer, mechanical edger, or by hand. Trimming/Edging must remove grass around all obstacles in the turf such as posts, trees, wall, signs, sprinkler equipment, sidewalks, pavers, etc. and shall provide clean turf edges around all planting beds. Trimming/Edging shall be done carefully in order to avoid damaging sprinkler equipment, walkways, plantings, or other facilities as the contractor will be responsible for restoring all damage. 20 Page 903 of 1161 i. Trimming/Edging will be 1.5 feet away from all trees, palms, and exposed roots. ii. Plant bed edging shall not extend more than twelve (12) inches beyond the edge of the bed plants. d. Blowing — Grass clippings and debris caused by mowing and trimming/edging shall be immediately blown off from all hard surfaces after mowing and line trimming/edging. Grass clippings and debris shall be removed as to not allow it to drift into roadways, storm drains, ponds/lakes or adjacent properties. e. Weed Control — Shall consist of either pre-emergent or post emergent application in accordance with No. 13, E - Chemical Application: Fertilizer, Herbicide, and Pesticide, trimming, or hand weeding at the contractor's discretion. f. Arborist Services/Tree Trimming — ONLY PRUNING 10' AND BELOW IS INCLUDED IN THIS BID. Arborist work and tree pruning services are to be completed in full accordance with the International Society of Arboriculture, Standard Practices for Tree, Shrub and Other Woody Plants Maintenance. There shall be absolutely "NO PRUNING OF MANGROVES." All trees located within the work limits shall be trimmed by the Contractor per this agreement as required. Trained employees skilled in the field of arboriculture shall perform tree pruning/trimming. All work to be performed shall be in accordance with the standards established in the American National Standards Institute (ANSI) publication A300 "Tree Care Operations-Tree, shrub and other woody plant maintenance-Standard Practices" latest edition. Trees are to be maintained 10' above sidewalks and play areas. Report any pruning necessary above 10' to the City contract administrator. B. Pruning and Hedge/Shrub/Flowering Plant Maintenance — Shall be accomplished with clean, sharp tools including a pole saw for any tree hangers that can be reached from ground level, in accordance with standard horticultural practices, to preserve the natural character of the plant. Tools that cut, rip, or tear plants will not be allowed. Frequency: Per below guidelines per location. a. All pruning cuts shall leave no stub cuts, flush cuts, rips/tears, or straight cuts while removing all dead, dying, and/or diseased plant material. All pruning cuts are to be clean, neat and uniform. All plant material shall be pruned, to the appropriate size for the area in which it is planted. If in question then designated city staff can verify the size the plant material is to be maintained in specific areas. All line of site areas in around roadways, sidewalks, parking lots are to be maintained for optimum visibility. Branches protruding over walkways, into facilities such as fencing, buildings, etc., or obscuring walkways (10' clearance) or roadway right-of-ways (14' clearance) shall be removed in accordance to the City Code of Ordinances. b. Shrubs shall be cut narrower at the top than the bottom in order to reduce the need for weed control and given a naturally rounded look. c. All plant material removed during the pruning process shall be containerized and disposed of properly. d. Flowering plants are to be pruned in a timely manner for each species to promote the most flowering. e. Pruning guidelines are noted in the table below and additional information can always be obtained from designated City staff. 21 Page 904 of 1161 f. All larger leaf plant material such as Mamey crotons, Hawaian-Ti or Clusia are not to be pruned using gas or electric hedge shears. PRUNING GUIDELINES PLANT PRUNING TIME PRUNING STYLE Beautyberry Prune late Fall (October-November) Hard cut up to 1/3 (Callicarpa Americana) after berries drop and in the Spring height of plant. prior to blooming(March-May) Bird of Paradise Prune quarterly; only prune dead Strelizia Reginae stems. Bromeliads Remove all dead flower stalks and (Bromeliaceae) remove all dead plants. Clerodendrum (Clerodendrum Prune in the Spring/Summer; do not Hard cut up to 1/3 Panicutatum) prune between September through height of plant. the blooming season. Crown of Thorns Do not prune in the Winter months Hard cut 1/3 of all (Euphorbia Milii) (November-February); prune twice stems to 4" above 2x between March-October. ground. Fire Bush Prune as needed; if in multiple areas Hard cut up to 1/3 of (Hamelia Patens) at one site, prune % the area at a height/width of plant. time. Hawaiian Ti Prune no more than % of stalks on Cordyline Terminalis each plant. Ilex Schillings Prune in the cooler months (January- (Ilex Vomitoria) February); prune once(1x) a year. Indian Hawthorne Prune in the cooler months (January- Rhaphiolepis Indica February); prune once 1x a year. Ornamental Grasses Prune in the cooler months (January- Hard cut back down to February); prune once(1x) a year. 10-12"above ground. Panama Rose Prune as necessary in the Spring or Hard cut up to 1/3 (Rondeletia Levcophylla) Summer after they done blooming; height of plant. do not prune Fall/Winter months (October-March). C. Irrigation Maintenance/Repairs — Shall include a "wet check" inspection and adjustment of the entire irrigation system starting with the meter to the backflow to all the clocks, lines, and zones with their valves, heads, sensors, etc. to ensure that grounds and plantings are receiving adequate amounts of water while avoiding water loss. Frequency: Monthly per location. a. All repairs shall be documented by the use of date and time stamp photographs. b. An itemized estimate must be submitted within 24 hours and approved by the contract administrator prior to any repair work as the City reserves the right to complete repairs with in-house staff or to direct owner purchase the materials. c. See the Proposal Summary Sheets for Additional Services to submit hourly rates including all tools and equipment necessary to complete the repairs and the material mark-up for all parts/supplies needed. D. Mulching — Shall consist of the installation of mulch in a uniformly applied application of a minimum of 2" deep except for play areas and around play equipment which will be determined by the fall height guidelines in accordance with the International Play Equipment Manufacturer's Association (IPEMA). Eucalyptus, Eco-mulch or 22 Page 905 of 1161 approved equal by the Contract Administrator shall be used throughout the City of Boynton Beach. NO CYPRESS MULCH SHALL BE USED in accordance to the City Code of Ordinances. Frequency: Annually per location or as directed by the Contract Administrator. a. Mulch must be free from any foreign matter, weeds, seeds, or insects and must not contain large pieces of bark or more than 10% bark by volume. b. All areas where mulch is to be installed must first be clear of all weeds. c. Existing mulch that is 3 inch or thicker must be removed prior to the installation of new mulch. 1 inch of existing mulch shall remain prior to the installation of new mulch. d. Mulch shall be placed 3 inches away from base of plant. e. Mulch shall be placed 6 inches from tree trunks. f. Mulch (for common areas/plant beddings) must meet requirements of FS Q-P 166E Class B for coarseness classification and be horticultural grade "shredded Grade A". Mulch (for play areas) must be ADA Architectural Approved and International Play Equipment Manufacturer's Association (IPEMA) certified. E. Chemical Application: Fertilizer, Herbicide, and Pesticide — All chemical applications must be applied under the direction of a Florida Certified Pesticide Applicator's license. The bidder should submit a current copy of the applicator's license with the bid submission. If not submitted with bid, it must be submitted within three (3) days of City's request. Failure to submit the license within this timeframe may be grounds to deem your submittal non-responsive. This license must be maintained current during the entire term of the Contract. All chemical applications shall be conducted with all the appropriate equipment and safety gear and require prior notification/approval. The Pesticide / Fertilizer / Herbicide Application Record must be submitted to the contractor administrator for his/her approval by their signature and date within 24-hours of application of the chemical(s). Chemical applications performed without the properly completed Pesticide / Fertilizer / Herbicide Application Record will result in a penalty. All vendors providing chemical applications must have a current copy of the Florida Chemical Sensitivity List and must notify any person(s) to be affected in writing via Certified Mail with a copy to the City prior to application. a. A chemical listing for each application listing below should be submitted as part of the Bid submittal but must be submitted within three (3) days of City's request. Failure to submit this information within the stated timeframe may be grounds to deem your bid submittal non-responsive and ineligible for award. i. Turf Fertilization ii. Tree Fertilization iii. Palm Fertilization iv. Shrub Fertilization v. Turf Pesticide vi. Shrub Pesticide vii. Tree Pesticide viii. Palm Pesticide ix. Fire Ant Control b. The City also reserves the right to direct owner purchase any fertilizer, herbicide, and pesticide; see the Proposal Summary Sheets to submit hourly rates for the applicator with all necessary equipment and safety gear. 23 Page 906 of 1161 FERTILIZER SCHEDULE Turf, Plants,Trees& Palms-Mid-March to Mid-April& November Areas with Special needs: PF/SE/o07-- Pence Park- Bermuda on the ballfield and St.Augustine in park. PF/SW/o03-Congress Ave. Barrier Free Park - Bahia and St.Augustine turf PF/NW/004- Fire Station#5 - All Bahia PF/NW/007- Ezell Hester Center- Bermuda ball fields and St.Augustine PF/NW/005-Galaxy Park - Bermuda ball field and St.Augustine PF/NW/017-Carolyn Sims Center - Bermuda ball field and St.Augustine St.Augustine& Bahia Turf 24-0-11 (approximatelY50%slow release) Nitrogen—24%urea Nitrogen Soluble Potash—11% Plus—Sulfur, Iron, Manganese, Chlorine Bermuda&Zoysia Turf 15-0-15_(approximatelY 50%slow release) Nitrogen—4.5%Ammoniacal Mitrogen and 10.5% Urea Nitrogen Soluble Potash—15% Trees— 7-1-7 (slow release) Nitrogen-.39%Ammoniacal Nitrogen &6.61% Urea Nitrogen Available Phosphate—1% Soluble Potash-7% Plus—Sulfur, Iron, Manganese, Chlorine Palms- 10-4-12 (slow release) Nitorgen—5%Ammnoniacal nitrogen &5% Urea Nitrogen Plus—Magnesium, Sulfur, Boron, Iron, Manganese,Chlorine Flowering Shrubs— 14-14-14 (approximatelY50%slow release) Nitrogen—5.45%Ammoniacal Nitrogen &8.55% Urea Nitrogen Available Phosphate—14% Soluble Potash-14% Plus—Sulfur, Iron, Manganese, Chlorine Non-Flowering Shrubs- 13-3-13 (slow release) Nitrogen-1-15%Ammoniacal Nitrogen &11.85% Urea Nitrogen Available Phosphate—3% Soluble Potash-13% Plus—Magnesium,Sulfur, Iron, Manganese, Chlorine 24 Page 907 of 1161 ADDITIONAL SERVICES THAT MAY BE REQUIRED A. Plant/Tree Installation - An itemized estimate must be submitted and approved by the contract administrator prior to any plant/tree installation as the City reserves the right to direct owner purchase the materials. Plants and/or Trees will be no more than the average cost of Areas S1, S2, and S3 in accordance with the most current issue of BETROCK'S PLANT FINDER. All plants and/or trees must be visibly inspected and approved by the contract administrator prior to installation. See the Proposal Summary Sheets for Additional Services to submit hourly labor rates for installation. B. Lot Maintenance — Shall consist of a single-pass of Basic Maintenance and if necessary Pruning and Hedge/Shrub Maintenance and Arborist Services as requested by the contract administrator or the Code Compliance Supervisor or his/her designee accordance to lot size and whether or not the lot has a structure on it. Any trash removal will be handled upon request based on time and equipment needed with an estimate first being provided; trash consists of items that cannot be picked up by one individual by hand and will not under any circumstances include any hazardous materials or chemicals. See the Proposal Summary Sheets for Additional Services to submit pricing for various lot sizes with and without dwellings. C. Lake and Littoral Areas — Shall not be addressed in this bid due to their unique and specialized needs, but as noted in the specifications. NO LANDSCAPE MAINTENANCE DEBRIS IS TO GO INTO ANY LAKE AND LITTORAL AREAS. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. 25 Page 908 of 1161 Attachment "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of`B+"or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor) The following is a list of types of insurance required of contractors,lessees, etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) ------------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only,Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other- As Risk Identified to be determined 26 Page 909 of 1161 CITY OF BOYNTON BEACH BID DOCUMENT CHECKLIST* Initial each Required by required entry owner Submission Requirement and if required submit the item Original and three (3) copies of Bid Proposal documents p submitted. Bid must be signed by an authorized officer of the company. p Acknowledgement of Addenda, if applicable 0 Statement of Bidder's Qualifications submitted 0 Schedule of Subcontractor's submitted 0 Non-collusion Affidavit submitted p Anti-Kickback Affidavit submitted 0 Confirmation of Minority Owned Business submitted 0 Confirmation of Drug Free Workplace submitted 0 Acknowledgement of Palm Beach County Inspector General submitted p Local Business Status Certification Form submitted 0 Copy of all Business Tax Receipt(s) along with Commercial Pesticide License(s) of all subcontractor(s) 0 Up-to-date list submitted of current maintenance equipment, including brands and model numbers 0 Bid Guarantee (with Power of Attorney for full amount of Bid Bond) 0 Listing of anticipated staff with titles and contact information for Supervisory personnel D Price Sheets are signed? *This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation. 27 Page 910 of 1161 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: "LANDSCAPE MAINTENANCE SERVICES" Bid Number: 029-2730-18/IT Bid Due: JULY 26, 2018, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E-Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page#11 of 1161 BID NO. 029-2730-18/IT LANDSCAPE MAINTENANCE SERVICES BID SHEET TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. In accordance with the General Conditions, Special Conditions, Scope of Services and Technical Requirements, the undersigned bidder offers pricing and services as per the Electronic Bid Pricing Sheet attached herewith as Attachment A: Instruction for completing the Electronic Bid Pricing Sheet: 1. Download the Electronic Bid Pricing sheet, in Microsoft Excel format, from DemandStar.com. Respond to this bid by inputting the company's information and the unit pricing into the Excel spreadsheet. The price sheet is not formatted. 2. Once the Electronic Bid Pricing Sheet is completed, bidder should save the Excel file. 3. Print the completed Electronic Bid Pricing Sheet; sign and date where indicated. 4. Bidder must submit, in one envelope, the printed signed Electronic Bid Pricing Sheet with the bidder's complete, original bid submission as per the General Conditions and Special Conditions. 5. If bidder is unable to electronically fill out the Electronic Bid Pricing Sheet with its bid submittal, bidder must submit a hardcopy of the Sheet with handwritten unit prices and extensions. 6. It is the Bidder's responsibility to monitor DemandStar for any issued addenda. Addenda may include revised Electronic Bid Pricing Sheets that will need to be downloaded, properly filled out, and submitted by the Bidder. NAME OF COMPANY: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 29 Page 912 of 1161 BID NO. 029-2730-18/IT LANDSCAPE MAINTENANCE SERVICES BID SHEET (continued) COMPANY NAME NAME OF AUTHORIZED REPRESENTATIVE (PRINT) STREET ADDRESS TITLE CITY, STATE, ZIPCODE E-MAIL ADDRESS TELEPHONE NUMBER AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 30 Page 913 of 1161 BIDDER'S QUESTIONNAIRE The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this Statement, or any false statement therein may render a bid non-responsive at the sole discretion of the City of Boynton Beach. All portions of the Statement must be completed. Bid 4 Company Name Address Telephone E-mail Address 1. If a corporation, please answer the following: Date of Incorporation: In what state: President's Name: Vice President's Name: Secretary's Name: Treasurer's Name: 2. If a partnership,please answer the following: Date of Organization: General or association? Name and Address of each general partner 3. If neither a corporation nor partnership,please provide the following information: Type of business organization: Date of Organization: Name and Address of each principal: 4. Current State of Florida Certified Contractor's License Number Expiration Date 5. Name of license holder/ qualifying agent exactly as it appears on file with the State of Florida's Construction Industry Licensing Board: 6. Current City of Boynton Beach Occupational License Number (if applicable) Expiration Date 7. DUNS 4 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 Page 914 of 1161 8. Federal Employer ID 4 (FEIN) 9. Are you a Disadvantage Business Enterprise (DBE) or Woman-Owned Business Enterprise(WBE)? Yes ❑ No ❑ If yes,provide Certificate. 10. Are you a small business as defined by the SBA? Yes ❑ No ❑ If yes, number of employees 11. Number of years in business under this name: 12. Number of years in business under other names: 13. How many years' experience in performing the type of work called for in this bid? 14. In what other lines of business do you or your organization or any partners thereof have financial interests? 15. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of City of Boynton Beach? Yes ❑ No ❑ If yes, you may not submit a bid(see instructions to bidders). 16. Have you or your organization, or any office or partner thereof, failed to complete a contract? Yes ❑ No ❑ 17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents? Yes ❑ No ❑ 18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5)years? Yes ❑ No ❑ 19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws, the Business and Professions Regulation statutes, Civil or Criminal decisions? Yes ❑ No ❑ 20. Have there been any suits, liens or surety claims against you or your organization over the past five(5)years for non-payment of sums due subcontractors or suppliers for work completed?Yes ❑ No ❑ 21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years? Yes ❑ No ❑ 22. Is either the Bidder or its principals presently debarred, suspended,proposed for disbarment, declared ineligible or voluntarily excluded from participation in this THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 32 Page 915 of 1161 transaction by any Federal department or agency? Yes ❑ No ❑ 23. Provide a list of equipment available to perform the work. Attach additional sheets as needed. 24. Provide a list of anticipated staff with titles and contact information for Supervisory personnel. Attach additional sheets as needed. Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement,if necessary. Bidder must provide proof of a minimum of three (3)projects similar to this scope of services performed within the last five years: Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 33 Page 916 of 1161 State of ) County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 34 Page 917 of 1161 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA ) : SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 120 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 918 of 1161 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 919 of 1161 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Vendor's Signature 37 THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 920 of 1161 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page 921 of 1161 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, , the of (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Signature: ***FOR PURCHASING USE ONLY*** Business License ❑ Year Established: ❑ Active: Verified by: Date: 39 Page 922 of 1161 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 100 E. Boynton Beach Boulevard, P.O. Box 310, Boynton Beach, Florida 33425-0310. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 029-2730-18/IT to "LANDSCAPE MAINTENANCE SERVICES" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 40 Page 923 of 1161 7.D. BIDS AND PURCHASES OVER$100,000 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the purchase from Kompan Let's Play Inc utilizing the US Communities contract#2017001135 for an estimated cost of$150,000 for the Oceanfront Park playground equipment design and installation with the acceptance of the Kompan Americas matched funding grant awarded to our agency in the amount of$50,000. EXPLANATION OF REQUEST: Kompan Let's Play creates and installs innovative, inclusive playground, or an interactive fitness areas. Oceanfront Park playground is in need of renovations to include accessible play features, as well as opportunities for more family interaction and fitness. The Recreation and Parks Department applied for a grant in the amount of$50,000 for new playground equipment by Kompan Inc, which was approved by Commission on July 3rd, 2018. The City of Boynton Beach has been awarded the full amount of this grant and the funds will go towards the renovations needed to improve Oceanfront Park. We are requesting a purchase order in the amount of$150,000 to Kompan Let's Play utilizing the US Communities contract#2017001135 for the design and installation of playground equipment at Oceanfront Park. In addition, Kompan America's issued a grant in the amount of$50,000 towards the playground equipment, leaving the City to fund $100,000 towards the playground equipment and installation. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The renovations to Oceanfront Park will provide accessible programs and amenities to all members of the community. The playground will include a carousel with top brace to provide children with Cerebral Palsy a safe spinning experience. Children with Autism would also enjoy the sensory experience of spinning and having musical components such as drums. FISCAL IMPACT: Budgeted The Kompan America's grant is a matching grant. The total project cost is estimated at$150,000. The grant is for $50,000, the City will match the remaining amount of$100,000 from Capital Projects funds, account #303-4210-572-31-90 in the amount of$75,000 and account#303-4210-572-63-05 in the amount of$25,000. ALTERNATIVES: Do not purchase the playground equipment and forfeit the $50,000 grant. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 924 of 1161 Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Kompan Inc START DATE: 7/1/2017 END DATE: 6/30/2022 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Option for two additional, two year extensions ATTACHMENTS: Type Description D Contract Agenda Attachment- US Communities Kompan Contract 2017001135 D Resolution Agenda Attachment- Kompan Resolution 813- 036 D Attachment Agenda Attachment- Kompan - Certificate of Award for Grant D Quotes Agenda Attachment- Kompan - Sales Proposal D Drawings Agenda Attachment- Kompan Playground Drawings and layout D Other Agenda Attachment- Kompan Playground - Oceanfront Park each -Google Maps D Other Agenda Attachment- Kompan Lets Play Grant I nfo Page 925 of 1161 KOMPAN Contract U.S. Communities Page 1 of 1 AboLt News&Events Resources Contact Us P18ODUC1'S&SOL€TI'3oriTS CON]'RACYDOCUMENllS Ill WGIN KQ M PAN Contract 1fojne>K0-h1P'-A1VsK01PA—NF rznivact Playground and outdoor Fitness Equipment,Site Accessories, Contract Documents: Surfacing and Related Products&Services Solutions KOMPAN Contract 20 7001135 Lead Agency; ContractArnendrnents BYSUPFUERCity of Charlotte,NC BY CATEGORY Contract Number: Facilities 2017001135 RFP Documents: Office&School 5 year initial term,July 1,2017-June 30,2022 r FPlayground Equipment 2F9- 2G17-628 Option to renew for(2)additional(2)year periods Specialty Option 269-2017-028 Addendum 1 TechnologyRFP 2Eg 2017-028 Addendum 2 IL Contract Updates RPP 269-2017-028 Addendum 3 ContractArnenclrnent 3 added on August 28,201 Main Menu JUMP TO: Postings Solicitations Number of suppliers who responded to FBFP:5 About News&Events - - - Data Posted: Resource U.S.Communities:current'Solicitarons Jan 25,2017-Mar 16,2017 Contact Us Onvia'DemandStar Jan 25,2017-Mar 16,20117 Education Purchasing City of Charlotte,NC Jan 25,2017-Mar 16,201; Government Purchasing Nonprofit Canadian 141ERX Public Tenders Jan 25,2017-Mar 16,2017 Go Green Program State of Hawaii and Oregon Jan 25,20717-Mar"1 E,2017 Oregon Association of Counties Jan 25,2017-Mar 16,2017 U.S. COMMUNITIES i NATIONAL COOPERATIVE PURCHASING PROGRAM Getting Started Why Use U.S.Communities Discounts an Brands Over 55,000 agencies trust U.S. . What[bakes US Different - Products&Supphcrs Who Uses U.51 C'ommunities' • vvebinars&Events FAQs - solicitations = State Statutes CONTACT US BECOME A SUPPLI ER ABOUT U5 LEGAL PRIVACY MICPA http:l/www.uscommunities.org/suppliers/kompan/kompan-contract/ PWPAli of 1161 Contract No.2017001135 Vendor No.303668 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG CONTRACT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING,AND RELATED PRODUCTS AND SERVICES This Contract (the "Contract") is entered into as of this 1 st day of July 2017 (the "Effective Date"), by and between Kompan, Inc. a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation((he "City"). RECITALS WHEREAS, the City issued a Request For Proposals (RFP #269-2017-028) for Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services dated January 25, 2017. This Request for Proposals together with all attachments and addenda, is referred to herein as the"RFP"; and WHEREAS, the Company submitted a Proposal in response to RFP #269-2017-028 on March 16, 2017, This Proposal, together with all attachments and separately sealed confidential trade secrets, is referred to herein as the"Proposal"and incorporated into this contract by reference. WHEREAS, the City awarded this Contract on May 8, 2017 to Company to provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services to the City all in accordance with the terms and conditions set forth herein. WHEREAS, the City of Charlotte, on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein "Participating Public Agencies"), competitively solicited and awarded the Contract to the Company. The City has designated U.S. Communities as the administrative and marketing conduit for the distribution of the Contract to Participating Public Agencies. The City is acting as the"Contracting Agent"for the Participating Public Agencies, and shall not be liable or responsible for any costs, damages, liability or other obligations incurred by the Participating Public Agencies. The Company (including its subsidiaries) shall deal directly with each Participating Public Agency concerning the placement of orders, issuance of purchase orders, contractual disputes, invoicing,payment and all other matters relating or referring to such Participating Public Agency's access to the Contract. Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies' Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the covenants and representations contained herein,the parties agree as follows: CONTRACT 1. EXHIBITS. 1 Page 927 of 1161 Contract No.2017001135 Vendor No.303668 The Exhibits below are hereby incorporated into and made a part of this Contract. In interpreting this Contract and resolving any ambiguities, the main body of this Contract will take precedence over the Exhibits, and any inconsistency between the Exhibits will be resolved in the order in which the Exhibits appear below. Each reference to Kompan in the Exhibits and Appendices shall be deemed to mean the Company. EXHIBIT A: Discount Schedule and Price Lists EXHIBIT B: Installation Fees EXHIBIT C: National Network of Distributors and Installers EXHIBIT D: Freight Rate Schedules EXHIBIT E: Product Warranties EXHIBIT F: Scope of Services EXHIBIT G: U.S. Communities Administrative Agreement EXHIBIT H: Confidentiality Terms 2. DEFINITIONS. As used in this Contract,the following terms shall have the meanings set forth below: Acceptance: Refers to receipt and approval by the City of a Deliverable or Service in accordance with the acceptance process and criteria in this Contract. Affiliates: Refers to all departments or units of the City and all other governmental units, boards, committees or municipalities for which the City processes data or performs Services. Biodegradable: Refers to the ability of an item to be decomposed by bacteria or other living organisms. Charlotte Business Refers to the Charlotte Business Inclusion office of the City Inclusion (CBI): of Charlotte. Charlotte Combined Refers to the Charlotte-Gastonia-Salisbury Combined Statistical Area (CSA): Statistical Area consisting of; (a) the North Carolina counties of Anson, Cabarrus, Cleveland, Gaston, Iredeli, Lincoln, Mecklenburg, Rowan, Stanly, and Union; and (b) the South Carolina counties of Chester, Lancaster, and York; a criteria used by Charlotte Business MClusion to determine eligibility to participate in the program. City: Refers to the City of Charlotte,North Carolina. Company: Refers to a company that has been selected by the City to provide the Products and Services of this Contract. Company Project Refers to a specified Company employee representing the Manager: best interests of the Company for this Project. Contract: Refers to a written agreement executed by the City and Company for all or part of the Services. 2 Page 928 of 1161 Contract No.2017001135 Vendor-No.303668 Deliverables: Refers to all tasks,reports,information,designs,plans,and other items that the Company is required to deliver to the City in connection with the Contract. Documentation.- Refers to all written, electronic, or recorded works that describe the use, functions, features, or purpose of the Deliverables or Services or any component thereof, and which are provided to the City by the Company or its subcontractors, including without limitation all end user manuals, training manuals, guides, program listings,data models,flow charts,and logic diagrams. Environmentally Refers to Products that have a lesser or reduced effect on Prefi rable Products: human health and the environment when compared with competing Products that serves the same purpose. 'Ibis comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance,or disposal of the product. Lead Public Ageney: Refers to the City of Charlotte,North Carolina. Master Agreement: Refers to the Agreement that is made available by the Lead Public Agency after the successful completion of the competitive solicitation and selection process, wherem Participating Public Agencies may utilize the agreement to purchase Products and Services. jWinorib�Business EnterpriselMBE: Refers to as business enterprise that: (a)is certified by the State of North Carolina as a Historically Underutilized Business (HUB) within the meaning of N.C. Gen. Star. § 143-128A-5 (b)is at least fifty-one percent (51%) owned by one or more persons who are members of one of the following groups: African American or Black, Hispanic, Asian, Native American or American Indian; and (c) is headquartered in the Charlotte Combined Statistical Area. MWSBE: Refers to SBEs,MBEs and WBEs,collectively. Participating Public Agency: Refers to all states, local governments, school districts, and higher education institutions in the United States of American, and other governmental agencies and nonprofit organizations that elect to purchase Products and Services under the Master Agreement. Products: Refers to all Products that the Company agrees to provide to the City as part this Contract. Services: Refers to the Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services as requested in this P. 3 Page 929 of 1161 Contract No.2017001135 Vendor No.303668 Specifications and Refers to all definitions,descriptions,requirements,criteria, Requirements: warranties, and performance standards relating to the Deliverables and Services that are set forth or referenced in: (i) this RFP, including any addenda; (ii) the Documentation; and (iii) any functional and/or technical specifications that are published or provided by the Company or its licensors or suppliers from time to time with respect to all or any part of the Deliverables or Services. 3. TERM. The initial term of this Contract will be for five (5) years from the Effective Date with an option to renew for two(2) additional two-year terms.This Contract may be extended only by a written amendment to the contract signed by both parties. 4. AGREEMENT TO PROVIDE PRODUCTS AND SERVICES. 4.1 The Company shall provide the Products and Services in accordance with the terms and conditions set forth in this Contract and the attached Exhibits when ordered from time to time by the City. Except as set forth in Exhibit A, the prices set forth in Exhibit A constitute all charges payable by the City for the Products and Services, and all labor, materials, equipment, transportation, facilities, storage, information technology, permits, and licenses necessary for the Company to provide the Products and Services. The Company shall perform any Services for the City on site at the City's facilities in Charlotte, North Carolina, except as otherwise stated in this Contract or agreed in writing by the City. 4.2 Placement of Orders: All orders will be placed by personnel designated by the City on an as needed basis for the quantity required at the time during the term of the Contract. 5. OPTIONAL PRODUCTS AND SERVICES. The City may in its discretion purchase from the Company optional Products and Services beyond what is called for in the Specifications, provided that such purchase does not create unfairness so as to defeat the purpose of the Proposal statutes, and provided the City is authorized by law to make such purchases without a formal Proposal process. 6. DOCUMENTATION. The Company will provide for all Products purchased under this Contract written or electronic documentation that is complete and accurate, and sufficient to enable City employees with ordinary skills and experience to utilize such Products for the purpose for which the City is acquiring them. 7. COMPENSATION. The City shall pay the Company for the Products and Services delivered in compliance with the specifications at the prices set forth in Exhibit A. This amount constitutes the maximum fees and charges payable to the company in the aggregate under this contract and will not be increased except by a written amendment duly executed by both parties in compliance with the price adjustment provisions set forth in Exhibit A. The Company shall not be entitled to charge the City any prices, fees or other amounts that are not listed in Exhibit A. S. PRICE ADJUSTMENTS. 8.1 The price(s) stated in this Contract shall not increase for the entire five-year term of the Contract. The prices shall also not increase during the two (2), two-year renewal 4 Page 930 of 1161 Contract No,2017001135 Vendor No.3 3668 option terms unless the City approves a price adjustment in writing in accordance with the following terms: 8.1,1 Price increases shall only be allowed when justified in the City's sole discretion based on legitimate, bona fide increases in the cost of materials and in the cost of labor for Installation Services as set forth in Section 8.1.3 of this Contract. No adjustment shall be made to compensate the Company for inetficiency in operation, increase in labor costs associated with the manufacture of the Products, or for additional profit. 8.1.2 To obtain approval for as price increase, the Company shall submit a written request to the Procurement Management Division representative, at the address listed below, together with written documentation sufficient to demonstrate that the increase is necessary based on a legitimate increase in the cost of materials and Installation Services. The request must state and fully justify the proposed price increase per unit or per installation over the price originally proposed. City of Charlotte M&FS Finance Office/Procurement Management 600 East Fourth Street Charlotte,NC 28202 8.1.3 Except as provided below, no proposed price increase shall be valid unless accepted by the City in writing. The City may approve such price increase for the remaining to of the Contract or for a shorter specified period,in the City's sole discretion. If the City rejects such price increase, the Company shall continue performance of the Contract. Price adjustments, including increases and decreases,shall be made for Installation Services in accordance with the percentage change in the U.S. Department of Labor Producer Price Index (PPI), Industry Group Construction — Item Code 238 1-Foundation, Structure, and Building Exterior Contractors if such percentage exceeds two percent (2%). The percentage difference between the PPI issued for October, 2017, and the PPI issued for each October of the year of requested adju stment will determine the maximum allowable adjustment of the original Contract prices for Installation Services. 8.1.4 If the City approves a price increase pursuant to this Section and the market factors justifying the increase shift so that the increase is no longer justified, the City shall have the right to terminate the price increase and revert back to the prices that were in effect immediately prior to the increase. The Company shall notify the City in writing if the market factors on which the City granted the increase change such that the City's reasons for granting the increase longer apply. 8.2 If the Company's unit prices for any Products and/or Services should decrease, the Company shall provide the affected Products and/or Services at the lower discounted price. The Company will provide the City with prompt written notice of all decreases in unit prices. 8.3 If a Product becomes unavailable, or if a new Product becomes available, the Company promptly will send the City a proposed revised version of Exhibit A. The City reserves the right to add or delete items to this Contract if particular items should become discontinued or an upgraded item becomes available to the industry 5 Page 931 of 1161 Contract No.2017001135 Vendor No.303668 market. Any new or replacement items added may be subject to Proposal statute requirements. At no additional cost to the City, the Company may substitute any Product or Service to be provided by the Company, if the substitute meets or exceeds the Specifications, is compatible with the City's operating environment and is of equivalent or better quality to the City. Any substitution will be reflected in a written signed change order. 9. BILLING. Each invoice sent by the Company shall include all reports, information and data required by this Contract (including the Exhibits) necessary to entitle the Company to the requested payment. The Company shall send one (1) copy only of each invoice using one of the following options: Option 1 —E-mail one copy of each invoice to cocapna,charlottenc.aov. Company shall not mail invoices that have been sent via e-mail. Option 2 Mail one copy of each invoice to: City of Charlotte Accounts Payable PO Box 37979 Charlotte,NC 28237-7979 Attn: (Insert Department) The City is not tax exempt from sales tax. The Company shall include all applicable State and County sales taxes on the invoice and not combined with the cost of the goods. Payment of invoices shall be due within thirty (30) days after the City has received all of the following: (a) an accurate,properly submitted invoice, (b) all reports due for the month covered by the invoice; and (c) any other information reasonably requested by the City to verify the charges contained in the invoice. Invoices must include state and local sales tax. 10. CONTRACT MONITORING. The City shall have the right to audit the Company's compliance with the terms and conditions of the Contract at such times as the City deems appropriate. Unless the City elects to terminate the Contract, the Company shall develop a written action plan to correct any Contract deficiency identified during these compliance audits, and shall submit such plan to the City within thirty(30) days of notification of non- compliance. 11. REPORTING. The Company shall provide such written reports of purchasing and expenditures as may be requested by the City from time to time, including without limitation any reports described in the Specifications. 12. AUDIT. During the term of the Contract and for a period of three (3) years after termination or expiration of this Contract for any reason, the City shall have the right to audit, either itself or through a third party, all books and records (including but not limited to the technical records) and facilities of the Company necessary to evaluate Company's compliance with the terms and conditions of the Contract or the City's payment obligations. The City shall pay its own expenses, relating to such audits,but shall not have to pay any expenses or additional costs of the Company. However, if non-compliance is found that would have cost the City in excess of$5,000 but for the audit,then the Company- shall ompanyshall be required to reimburse the City for the cost of the audit. 13. GENERAL WARRANTIES. Company represents and warrants that: 13.1 It is a corporation duly incorporated, validly existing and in good standing under the laws of the state of Washington,and is qualified to do business in North Carolina; 6 Page 932 of 1161 Contract No.2017001135 Vendor No.3 3668 112 It has all the requisite corporate power and authority to execute, deliver and perform its obligations under this Contract; 13.3 The execution, delivery, and performance of this Contract have been duly authorized by Company; 13.4 No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for it toenter into and perform its obligations under this Contract; 13.5 In connection with its obligations under this Contract, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses;and 13.6 The Company shall not violate any agreement with any third party by entering into or performing this Contract. 14. ADDITIONAL REPRESENTATIONS AND WARRANTIES, Company represents warrants and covenants that: 14.1 The Products and Services shall comply with all requirements set forth in this Contract,including but not limited to the attached Exhibits; 14.2 All work performed by the Company and/or its subcontractors pursuant to this Contract shall meet industry accepted standards, and shall be performed in a professional and workmanlike manner by staff with the necessary skills, experience and knowledge; 14.3 Neither the Services,nor any Products provided by the Company under this Contract will infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party; and 14.4 The Company and each of its subcontractors have complied and shall comply in all material respects with all applicable federal, state and local laws, regulations and guidelines relating to the performance of this Contract or to the Products and Services delivered hereunder, including but not limited to E-Velify, and shall obtain all applicable verifications,permits, and licenses. 15. COMPLIANCE WITH LAWS. All Products and Services delivered under this Contract shall be in compliance with all applicable federal, state and local laws, regulations and ordinances. In performing the Contract, the Company shall obtain and maintain all licenses and permits,and comply with all federal, state and local laws,regulations and ordinances. 16a DELIVERY TIME. When delivery time is requested in the REP, (whether in the form of a specific delivery date or maximum number of days for delivery) time is of the essence. The Company's Proposal shall be deemed a binding commitment of the Company to meet the delivery time stated herein unless the Proposal specifically takes exception. If such delivery time is not met,the City shall be entitled to terminate the Contract immediately for default and/or exercise any other remedies available at law or in equity. 17. QUALITY. Unless this Contract specifically states otherwise fora particular item, all components used to manufacture or construct any supplies, materials or equipment or Products provided under this Contract shall be: (a)new; (b)the latest model; (c) of the best quality and high-grade workmanship; and (d) in compliance with all applicable federal, state and local laws, regulations and requirements. By"new", the City means that the item has been recently produced and has not been previously sold or used. 7 Page 933 of 1161 Contract No.2017001135 Vendor No.303568 Whenever this Contract states that a Product or Service shall be in accordance with laws, ordinances, building codes, underwriter's codes, applicable A.S.T.M. regulations or similar expressions, the requirements of such laws, ordinances, etc., shall be construed to be minimum requirements that are in addition to any other requirements that may be stated in this Contract. 18. DESIGN AND/OR MANUFACTURER REQUIREMENT. All Products and Services shall meet the Specifications set forth in Section 4 of the RFP. 19. INSPECTION AT COMPANY'S SITE. The City reserves the right to inspect the equipment, plant, store or other facilities of the Company during the Contract term from time to time as the City deems necessary to confirm that such equipment, plant, store or other facilities conform with the Specifications and are adequate and suitable for proper and effective performance of the Contract. Such inspections shall be conducted during normal business hours and upon at least three (3) days' notice to the Company(except that a store may be inspected at any time during regular store hours without notice). 20. PREPARATION FOR DELIVERY. 20.1 Condition and Packaging. All containers/packaging shall be suitable for handling, storage or shipment, without damage to the contents. The Company shall make shipments using the minimum number of containers consistent with the requirements of safe transit, available mode of transportation routing. The Company will be responsible for confirming that packing is sufficient to assurc that all the materials arrive at the correct destination in an undamaged condition ready for their intended use. 20.2 Marking. All cartons shall be clearly identified with the City purchase order number and the name of the department making the purchase. Packing lists must be affixed to each carton identifying all contents included in the carton. If more than one carton is shipped, each carton must be numbered and must state the number of that carton in relation to the total number of cartons shipped(i.e. 1 of 4,2 of 4,etc). 20.3 Shipping. The Company shall follow all shipping instructions included in the RFP, the City's purchase order or in the Contract. 21. ACCEPTANCE OF PRODUCTSISERVICES. The Products delivered under this Contract shall remain the property of the Company until the City physically inspects, actually uses and accepts the Products. In the event Products provided to the City do not comply with the Contract, the City shall be entitled to terminate the Contract upon written notice to the Company and return such Products (and any related goods) to the Company at the Company's expense. In the event the Services provided under this Contract do not comply with the Contract, the City reserves the right to cancel the Service and rescind any related purchase of Products upon written notice to the Company. The remedies stated in this Section are in addition to and without limitation of any other remedies that the City may have under the Contract, at law or in equity. 22. GUARANTEE. Unless otherwise specified by the City, the Company guarantees the materials and workmanship on all Products and Services for the guarantee period associated with a specific product or services, as specified in Company documentation and quotation. If, within the guarantee period any defects occur due to a faulty Product or Services (including without limitation a failure to comply with the Specifications), the Company at its expense, shall repair or adjust the condition, or replace the Product and/or Services to the complete satisfaction of the City. These repairs, replacements or 8 Page 934 of 1161 Contract No.2017001135 Vendor Na.3 3668 adjustments shall be made only at such time as will be designated by the City to ensure the least impact tothe operation of City business. 23. NO LIENS. All Products shall be delivered and shall remain free and clear of all liens and encumbrances. ® MANUFACTURER OR DEALER ADVERTISEMENT. No manufacturer or dealer shall advertise on Products delivered to the City without prior approval by the City. 25. RIGHT TO COVER. If the Company fails to comply with any to or condition of the Contract or the Company's response to the RFP, the City may take any of the following actions with or without terminating the Contract, and in addition to and without limiting any other remedies it may have: (A) Employ such means as it may deem advisable and appropriate to obtain the applicable Products and/or Services (or reasonable substitutes) from a third party; and (B) Recover from the Company the difference between what the City paid for such Products and/or Services on the open market and the price of such Products and/or Services under the Contract or the Company's response to the RFP- 26. RIGHT TO WITHHOLD PAYMENT. If Company breaches any provision of the Contract the City shall have the right to withhold all payments related tote breach due to the Company until such breach has been fully cured. 2'7® OTHER REMEDIES. Upon breach of the Contract, each party may seek all legal and equitable remedies to which it is entitled. The remedies set forth herein shall be deemed cumulative and not exclusive and may be exercised successively or concurrently, in addition to any other available remedy. 28. TERMINATION. 25,1 TERMINATION WITHOUT CAUSE. The City may terminate this Contract at any time without cause by giving sixty (60) days written notice to the Company. The Company may terminate this Contract at any time without cause by giving one hundred and eighty(180)days written notice to the City. 28.2 TERMINATION FOR DEFAULT BY EITHER PARTY. By giving written notice to the other party, either party may terminate this Contract upon the occurrence of one or more of the following events: 28.2.1 The of party violates or fails to perform any® covenant, provision, obligation, term or condition contained in this Contract, provided that, unless otherwise stated inthis Contract, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and(ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party-, or 28.2.2 The other party attempts to assign, terminate or cancel this Contract contrary to the terms hereof;or 28.2.3 The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and 9 Page 935 of 1161 Contract No.2017001135 Vendor No.303668 performance of all its obligations under this Contract shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party's assets or properties. Any notice of default pursuant to this Section shall identify and state the party's intent to terminate this Contract if the default is not cured within the specified period. 28.3 ADDITIONAL GROUNDS FOR DEFAULT TERMINATION BY THE CITY. By giving written notice to the Company, the City may also terminate this Contract upon the occurrence of one or more of the following events (which shall each constitute grounds for termination without a cure period and without the occurrence of any of the other events of default previously listed): 28.3.1 The Company makes or allows to be made any material written misrepresentation or provides any materially misleading written information in connection with this Contract, Company's Proposal, or any covenant, agreement, obligation,term or condition contained in this Contract; or 28.3.2 The Company takes or fails to take any action which constitutes grounds for immediate termination under the terms of this Contract, including but not limited to failure to obtain or maintain the insurance policies and endorsements as required by this Contract, or failure to provide the proof of insurance as required by this Contract. 28.4 NO EFFECT ON TAXES, FEES, CHARGES, OR REPORTS. Any termination of the Contract shall not relieve the Company of the obligation to pay any fees, taxes or other charges then due to the City, nor relieve the Company of the obligation to file any daily,monthly,quarterly or annual reports covering the period to termination nor relieve the Company from any claim for damages previously accrued or then accruing against the Company. 28.5 OBLIGATIONS UPON EXPIRATION OR TERMINATION. Upon expiration or termination of this Contract, the Company shall promptly (a) return to the City all computer programs, files, documentation, data,media,related material and any other recording devices, information, or compact discs that are owned by the City; (b) provide the City with sufficient data necessary to migrate to a new vendor, or allow the City or a new vendor access to the systems, software, infrastructure, or processes of the Company that are necessary to migrate to a new vendor; and (c) refund to the City all pre-paid sums for Products or Services that have been cancelled and will not be delivered. 28.6 NO SUSPENSION. In the event that the City disputes in good faith an allegation of default by the Company, notwithstanding anything to the contrary in this Contract, the Company agrees that it will not terminate this Contract or suspend or limit the delivery of Products or Services or any warranties or repossess, disable or render unusable any Software supplied by the Company, unless (i) the parties agree in writing,or(ii)an order of a court of competent jurisdiction determines otherwise. 28.7 AUTHORITY TO TERMINATE. The City Manager or their designee is authorized to terminate this Contract on behalf of the City. 28.8 TRANSITION SERVICES UPON TERMINATION. Upon termination or expiration of this Contract, the Company shall cooperate with the City to assist with the orderly transfer of the Products, Services,functions and operations provided by the Company 10 Page 936 of 1161 Contract No.2017001135 Vendor No.303668 hereunder to another provider or to the City as determined by the City in its sole discretion. The transition services that the Company shall perform if requested by the City include but are not limited tom 28.8.1 Working with the City to jointly develop a mutually agreed upon transition services plan to facilitate the termination of the Services; and 28.8.2 Notifying all affected vendors and subcontractors of the Company of transition activities; 28X3 Performing the transition service plan activities-, 28.8.4 Answering questions regarding the Products and Services on an as-needed basis; and 28.8.5 Providing such other reasonable Services needed to effectuate an orderly transition to a new system. 29. NO DELAY DAMAGES. Under no circumstances shall the City be liable to the Company for any damages arising from delay in performance for reasons other than a Force Majeure Event. ® MULTIPLE CONTRACT AWARDS. This Contract is not exclusive. The City reserves the right to award multiple contracts for the Products and Services required by this Contract if the City deems multiple Contracts to be in the City's best interest. 31. RELATIONSHIP OF THE PARTIES. The relationship of the parties established by this Contract is solely that of independent contractors, and nothing contained in this Contract shall be construed to (i) give any party the power to direct or control the day-to-day activities of the other; (ii) constitute such parties as partners,joint ventures, co-owners or otherwise as participants in a joint or common undertaking; (iii)make either party in agent of the other for any purpose whatsoever, or (iv) give either party the authority to act for, bind, or otherwise create or assume any obligation on behalf of the other. Nothing herein shall be deemed to eliminate any fiduciary duty on the part of the Company to the City that may arise under law or under the terms of this Contract. 32. INDEMNIFICATION. To the fullest extent permitted by law, the Company shall indemnify, defend and hold harmless each of the "Indemnitees" (as defined below) from and against any and all "Charges" (as defined below) paid or incurred any of the as a result of any claims, demands, lawsuits, actions, or proceedings: (i) alleging violation, misappropriation or infringement of any copyright, trademark, patent, trade secret or. other proprietary rights with respect to the Work or any Products or deliverables provided to the City pursuant to this Contract ("Infringement Claims"); (ii) seeking payment for labor or materials purchased or supplied by the Company or its subcontractors in connection with this Contract; or (iii) arising from the Company's failure to perform its obligations under this Contract, or from any act of negligence or willful misconduct by the Company or any of its agents, employees or subcontractors relating to this Contract, including but not limited to any liability caused by an accident or other occurrence resulting in bodily injury, death, sickness or disease to any person(s) or damage or destruction to any property,real or personal, tangible or intangible; or (iv) arising from a violation of any federal, state or local law, regulation or ordinance by the Company or any its subcontractors (including without limitation E-Verify or other immigration laws),- or (v) arising from any claim that the Company or an employee or subcontractor of the Company is an employee of the City, including but not limited to claims relating to worker's compensation, failure to withhold taxes and the like. For purposes of this Section: (a)the term "Indemnitees"means the City I I Page 937 of 1161 Contract No.2017001135 Vendor No.303668 and each of the City's officers, officials, employees, agents and independent contractors (excluding the Company); and (b) the term "Charges" means any and all losses, damages, costs, expenses (including reasonable attorneys' fees), obligations, duties, fines, penalties, royalties, interest charges and other liabilities (including settlement amounts) or any other legal theory or principle,in connection with an Infringement Claim. 33. INSURANCE. Throughout the term of the Contract, the Company shall comply with the insurance requirements described in this Section. In the event the Company fails to procure and maintain each type of insurance required by this Section, or in the event the Company fails to provide the City with the required certificates of insurance,the City shall be entitled to terminate the Contract immediately upon written notice to the Company. The Company agrees to purchase and maintain the following insurance coverage during the life of the Contract with an insurance company acceptable to the City of Charlotte, authorized to do business in the State of North Carolina: (A) Automobile Liability: Bodily injury and property damage liability covering all owned, non-owned, and hired automobiles for limits of not less than $1,000,000 bodily injury each person, each accident; and, $1,000,000 property damage, or $1,000,000 combined single limit each occurrence/aggregate. (13) Commercial General Liability: Bodily injury and property damage liability as shall protect the Company and any subcontractor performing work under the Contract from claims of bodily injury or property damage which arise from performance of the Contract, whether such work is performed by the Company, any subcontractor or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurrence/aggregate and $1,000,000 property damage each occurrence/aggregate or$1,000,000 bodily injury and property damage combined single limits each occurrence/aggregate. This insurance shall include coverage for Products, Services, completed operations, personal injury liability and contractual liability assumed under the indemnity provision of the Contract. (C) Workers' Compensation: Meeting the statutory requirements of the State of North Carolina and Employers Liability - $100,000 per accident limit, $500,000 disease per policy limit, $100,000 disease each employee limit, providing coverage for employees and owners. The City shall be named as additional insured under the commercial general liability insurance for operations or Services rendered under this Contract. The Company's insurance shall be primary of any self-funding and/or insurance otherwise carried by the City for all loss or damages arising from the Consultant's operations under this agreement. The Company and each of its subcontractors shall and does waive all rights of subrogation against the City and each of the Indemnitees,as defined in Section 32. The Company shall not commence any work in connection with the Contract until it has obtained all of the types of insurance set forth in this Form, and such insurance has been approved by the City. The Company shall not allow any subcontractor to commence work on its subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance policies shall be with insurers qualified and doing business in North Carolina recognized by the Secretary of State and the Insurance Commissioner's Office. The Company shall furnish the City with proof of insurance coverage by certificates of insurance accompanying the Contract. 12 Page 938 of 1161 Contract No.2017001135 Vendor No.3 3668 All insurance certificates must include the City of Charlotte's contract number in the description field. The City shall be exempt from, and in no way liable for any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Company and/or subcontractor providing such insurance. 34. COMMERCIAL NO-N-DISCRIMINATION. As a condition of entering into this Contract, the Company represents and warrants that it Nvill fully comply with the City's Commercial Non-Discrimination Policy, as described in Section 2, Article V of the Charlotte City Code, and consents to be bound by the award of any arbitration conducted thereunder. As part of such compliance, the Company shall not discriminate on the basis of race, gender, religion, national origin, ethnicity, age or disability in the solicitation, selection, hiring, or treatment of subcontractors, vendors or suppliers in connection with a City contract or contract solicitation process, nor shall the Company retaliate against any person or entity for reporting instances of such discrimination. The Company shall provide equal opportunity for subcontractors, vendors and suppliers to participate in all of its subcontracting and supply opportunities on City contracts, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Company understands and agrees that a violation of this clause shall be considered a material breach of this Contract and may result in termination of this Contract, disqualification of the Company frown participating in City contracts or other sanctions. As a condition of entering into this Contract, the Company agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors in connection with this Contract; and (b)if requested,provide to the City within sixty(60)days after the request a truthful and complete list of the names of all subcontractors, vendors, and suppliers that the Company has used on City contracts in the past five (5) years, including the total dollar amount paid by the Company on each subcontract or supply contract. The Company further agrees to fully cooperate in any investigation conducted by the City pursuant to the City's Non-Discrimination Policy, to provide any documents relevant to such investigation that are requested by the City, and to be bound by the award of any,arbitration conducted under such Policy. The Company agrees to provide to the City from time to time on the City's request, payment affidavits detailing the amounts paid by the Company to subcontractors and suppliers in connection with this Contract within a certain period of time. Such affidavits shall be in the for-mat specified by the City from time to time The Company understands and agrees that violation of this Commercial Non- Discrimination provision shall be considered a material breach of this Contract and may result in contract termination, disqualification of the Company from participating in City contracts and other sanctions. 35. COMPANY WILL NOT SELL OR DISCLOSE DATA. The Company will treat as confidential information all data provided by the City in connection with this agreement. City data processed by the Company shall remain the exclusive property of the City. The Company will not reproduce, copy, duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this agreement. 13 Page 939 of 1161 Contract No.2017001135 Vendor No.303668 36. WORK ON CITY'S PREMISES. The Company will ensure that its employees and agents shall,whenever on the City's premises,obey all instructions and directions issued by the City's project manager with respect to work on the City's premises. The Company agrees that its personnel and the personnel of its subcontractors will comply with all rules, regulations and security procedures of the City when on the City's premises. 37. BACKGROUND CHECKS, The Company agrees that it has conducted or will conduct background checks on all personnel who will be working at the Charlotte service facility or delivering Products or Services under the Contract. The Company will conduct such background checks prior to the personnel commencing work hereunder, whether as part of the Company's standard pre-employment screening practices or otherwise. The Company will complete a background check on an annual basis for each person working at the Charlotte facility. Background check will include at a minimum: a. Criminal records search, b. Identification verification; and C. Proof of authorization to work in the United States. The Company agrees if any personnel does not meet the background qualifications, he/she shall not be assigned to perform Services under this Contract. The Company will notify the City immediately if a background check reveals any conviction(s). If there is any question as to whether any personnel meets the background qualifications, prior to assignment of any Services under this Contract,the Company shall contact the City immediately. 38. DRUG-FREE WORKPLACE. The City is a drug-free workplace employer. The Company hereby certifies that it has or it will within thirty(30) days after execution of this Contract: 38.1 Notify employees that the unlawful manufacture, distribution, dispensation, possession, or use of controlled substance is prohibited in the workplace and specifying actions that will be taken for violations of such prohibition; 38.2 Establish a drug-free awareness program to inform employees about (i) the dangers of drug abuse in the workplace, (ii)the Company's policy of maintaining a drug-free workplace, (iii) any available drug counseling, rehabilitation, and employee assistance programs, and (iv) the penalties that may be imposed upon employees for drug abuse violations; 38.3 Notify each employee that as a condition of employment, the employee will (i) aProposale by the terms of the prohibition outlined above, and (ii) notify the Company of any criminal drug statute conviction for a violation occurring in the workplace not later than five days after such conviction; 38.4 Impose a sanction on, or requiring the satisfactory participation in a drug counseling, rehabilitation or abuse program by an employee convicted of a drug crime; 38.5 Make a good faith effort to continue to maintain a drug-free workplace for employees; and 38.6 Require any party to which it subcontracts any portion of the work under the contract to comply with the provisions of this Section. A false certification or the failure to comply with the above drug-free workplace requirements during the performance of this Contract shall be ground for suspension, termination or debarment. 14 Page 940 of 1161 Contract No.2017001135 Vendor No.303668 39. NOTICES, Any notice, consent or other communication required or contemplated by this Contract shall be in writing, and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below. Notice shall be effective upon the date of receipt by the intended recipient; provided that any notice which is sent by telefax or electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective. Communications that relate to any breach, default, tennination, delay in performance, prevention of performance, modification, extension, amendment, or waiver of any provision oft is Contract shall be sent to: For The Cp om For The Cftmmmm v: Ike n Smith Daren Ewing r.ornj?ani Ine. Procurement.Ma at, ,ement Division 821 Grand Avenue Parkway 600 East Fourth Street Pflugerville,TX 78660 Charlotte,NC 28202 . .....---------- Phone: 888.579.8223 Phone. 704.336.2992 Fax: 888.579.8224 Fax: 704.632.8254 —E-mail: kersmi,z4,Ko com E-mail:kewingip,charlottene"gov With Cop)Jo.:.............. With_ joj�%Jo: Cind%�White Senior Assistant City Attorney 600 East Fourth Street Charloite:NC 28202 Phone: 704-336-3012 -,""I'll".................... Fax: 704-336-8854 E-mail: cwhite'a ei.charlotte.ncus .......... All other notices shall be sent to the other party's Project Manager at the most recent address provided in writing by the other party. 40. SUBCONTRACTING. The Company shall not subcontract any of its obligations tinder this Contract without the City's prior written consent. In the event the City does consent in writing to a subcontracting arrangement, Company shall be the prime contractor and shall remain fully responsible for performance of all obligations which it is required to perform under this Contract. Any subcontract entered into by Company shall name the City as a third party beneficiary. 41. FORCE MAJEURE. Neither party shall be liable for any failure or delay in the performance of its obligations pursuant tote Contract, and such failure or delay shall not be deemed a default of the Contract or grounds for termination hereunder if all of the following conditions are satisfied: If such failure or delay: A. Could not have been prevented by reasonable precaution; B. Cannot reasonably be circumvented by the non-performing party through the use of alternate sources,work-around plans,or other means; and C. If, and to the extent,such failure or delay is caused,directly or indirectly,by fire,flood, earthquake, hurricane, elements of nature or acts of God, acts of war, terrorism, riots, civil disorders,rebellions or revolutions or court order. 15 Page 941 of 1161 Contract No.2017001135 Vendor No.303668 An event that satisfies all of the conditions set forth above shall be referred to as a"Force Majeure Event." Upon the occurrence of a Force Majeure Event, the affected party shall be excused from any further performance of those of its obligations which are affected by the Force Majeure Event for as long as (a) such Force Majeure Event continues and (b) the affected party continues to use reasonable efforts to recommence performance whenever and to whatever extent possible without delay. Upon the occurrence of a Force Majeure Event, the affected party shall promptly notify the other by telephone (to be confirmed by written notice within five (5) days of the inception of the failure or delay) of the occurrence of a Force Majeure Event and shall describe in reasonable detail the nature of the Force Majeure Event. If any Force Majeure Event prevents the Company from performing its obligations for more than fifteen(15) days, the City shall have the right to terminate the Contract by written notice to the Company. Notwithstanding anything contained herein to the contrary, strikes, slow-downs, walkouts, lockouts, and industrial disputes of the Company or its subcontractors shall not constitute "Force Majeure Events"and are not excused under this provision.Nothing in the preceding Force Majeure provisions shall relieve the successful Company of any obligation it may have regarding disaster recovery,whether under the Contract or at law. 42. CONFIDENTIALITY. Each party shall adhere to the Confidentiality Terms stated in Exhibit H of this Contract. 43. MISCELLANEOUS. 43.1 ENTIRE AGREEMENT. This Contract, including all Exhibits and Attachments constitute the entire agreement between the parties with respect to the subject matter herein. There are no other representations, understandings, or agreements between the parties with respect to such subject matter. This Contract supersedes all prior agreements, negotiations, representations and proposals, written or oral. Notwithstanding the forgoing, the parties agree that the RFP and the Proposal are relevant in resolving any ambiguities that may exist with respect to the language of this Contract 43.2 AMENDMENT. No amendment or change to this Contract shall be valid unless in writing and signed by the party against whom enforcement is sought. Amendments that involve or increase in the amounts payable by the City may require execution by a Department Director, the City Manager, or an Assistant City Manager; depending on the amount. Some increases may also require approval by City Council. 43.3 GOVERNING LAW AND JURISDICTION. North Carolina law shall govern the interpretation and enforcement of this Contract, and any other matters relating to this Contract (all without regard to North Carolina conflicts of law principles). All legal actions or other proceedings relating to this Contract shall be brought in a state or federal court sitting in Mecklenburg County, North Carolina. By execution of this Contract, the parties submit to the jurisdiction of such courts and hereby irrevocably waive any and all objections which they may have with respect to venue in any court sitting in Mecklenburg County,North Carolina. 43.4 BINDING NATURE AND ASSIGNMENT. This Contract shall bind the parties and their successors and permitted assigns. Neither party may assign this Contract without the prior written consent of the other. Any assignment attempted without the written consent of the other party shall be void. For purposes of this Section, a Change in Control,as defined in Section 43.8 constitutes an assignment. 16 Page 942 of 1161 Contract No.2017001135 Vendor No.303668 43.5 SEVERABILITY. The invalidity of one or more of the phrases,sentences, clauses or sections contained in this Contract or the Exhibits shall not affect the validity of the remaining portion of this Contract or Exhibits so long as the material purposes of this Contract can be determined and effectuated. If any provision of this Contract or Exhibit is held to be unenforceable, then both parties shall be relieved of all obligations arising under such provision,but only to the extent that such provision is unenforceable, and this Contract shall be deemed amended by modifying such provision to the extent necessary to make it enforceable while preserving its intent. 43.6 NO PUBLICITY. No advertising, sales promotion or other materials of the Company or its agents or representations may identify or reference this Contract or the City in any manner without the prior written consent of the City. Notwithstanding the forgoing,the parties agree that the Company may list the City as a reference in responses to requests for proposals, and may identify the City as a customer in presentations to potential customers. 43.7 WARIER. No delay or omission by either party to exercise any right or power it has under this Contract shall impair or be construed as a waiver of such right or power. A waiver by either party of any covenant or breach of this Contract shall not constitute or operate as a waiver of any succeeding breach of that covenant or of any other covenant. No waiver of any provision of this Contract shall be effective unless in writing and signed by the party waiving the rights. 43.8 CHANGEINCONTROL, In the event of a change in"Control"of the Company(as defined below), the City shall have the option of terminating this Contract by written notice to the Company. The Company shall notify the City within ten (10) days of the occurrence of a change in control. As used in this Contract, the term "Control" shall mcan the possession, direct or indirect, of either (i) the ownership of or ability to direct the voting of, as the case may be fifty-one percent (5 1%) or more of the equity interests, value or voting power in the Company or (ii) the power to direct or cause the direction of the management and policies of the Company whether through the ownership of voting securities,by contract or otherwise. 43.9 NO BRIBERY. The Company certifies that neither it, any of its affiliates or subcontractors, nor any employees of any of the forgoing has bribed or attempted to bribe an officer or employee of the City in connection with this Contract. 4110 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES. The Company agrees to make itself aware of and comply with all local, state and federal ordinances, statutes, laws, rules and regulations applicable to the Services. The Company further agrees that it will at all times during the to of this Contract be in compliance with all applicable tederal, state and/or local laws regarding employment practices. Such laws will include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (ELSA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (F LA) and all OSHA regulations applicable to the work. 43,11 TAXES. The Company shall pay all applicable federal, state and local taxes which may be chargeable against the Products and/or Services. 17 Page 943 of 1161 Contract No.2017001135 Vendor No.303668 43.12 SURVIVAL OF PROVISIONS: Those Sections of the Contract and the Exhibits, which by their nature would reasonably be expected to continue after the termination of the Contract shall survive the termination of the Contract,including but not limited to the following: Section 3 "Term" Section 12 "Audit" Section 13 "General Warranties" Section 14 "Additional Representations and Warranties" Section 22 "Guarantee" Section 27 "Other Remedie�" Section 28 "Termination7' Section 32 "Indemnification" Section 33 "Insurance" Section 39 "Notices" Section 42 "Confidentiality" Section 43 "Miscellaneous" 43.13 NON-APPROPRIATION OFFUNDS. If City Council does not appropriate the funding needed by the City to make payments under this Contract for a given fiscal year, the City will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event,the City will promptly notify the Company of the non-appropriation and this Contract will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by the City, which is attributable to non-appropriation of funds shall constitute a breach of or default under this Contract. 4114 -VE Y. Company shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, and shall require each of its subcontractors to do so as well. 43.15 IRAN DIVESTMENT ACT. Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any action causing it to appear on any such list during the to of this Contract;and(iii)it will not utilize any subcontractor that is identified on any such list to provide goods or Services hereunder. 43.16 PRE-AUDIT. No pre-audit certificate is required under N.C. Gen. Star. 159-28(a) because this Contract is for an indefinite quantity with no minimum purchase requirement. Notwithstanding anything contained herein to the contrary, this Contract does not require the City to purchase a single Product or service, and a decision by the City to not make any purchase hereunder will violate neither this Contract nor any implied duty of good faith and fair dealing. The City has no 18 Page 944 of 1161 Contract No.2017001135 Vender No.303668 financial obligation under this Contract absent the City's execution of a valid and binding purchase order or contract addendum containing a pre-audit certificate." 43.17 UNIFORM ADMINISTRATIVEQUI EE TS By entering into this Contract,the Company agrees to comply with all applicable provisions of Title Z Subtitle A, Chapter 11,Part 200—Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards contained in Title 2 CR R. §.200 et seq. 43.18 COUNTERPARTS. This Contract may be executed in any number of counterparts,all of which taken together shalt constitute one single agreement between the parties. [Signature Page Fallows] 19 Page 945 of 1161 Contract No.2017001135 ``ender No.303668 IN WITNESS WHEREOF, and. in acknowledgment that the parties hereto have read and understood each and every provision hereof_ the parties have caused this Contract to be executed on the date first written above. COMPANY. J 9 PItI1V I"NAME t: TITLE: 1 DATE: --. CITY OF CHARLOTTE. CITY OF CHARLOTTE CITY MANAGER'S OFI U;t",: RISK MANAGEMENT DIVISION: i G r m BY: ��s �'. .._, m� L ' BY' ' PRINT NAME: r3�1+ t { �" PRINT NAME:;/ { � J TITLE: TITLE: `� ...µ f t DATE: �,�` _.� DATE: ; 20 1 16.1-- Shelter iList #3000-2017 Item No. Description Diameter Price Steel Frame,8000 Series, Double Tier Hexagonal,with SII-8032D 29 Metal Roof and Tongue&Groove Roof Decking 2' $27,272 Pittsburgh,8500 Series,Octagonal Shelter,All Steel with 24 SII-8516P 1 ' Guage Pre-Cut Metal Roof $9,997 Pittsburgh,8500 Series,octagonal Shelter,,411 Steel with 24� SII-85241? wage Pre-Cut Metal Roof 24' $16,363 Steel Frame,8500 Series,octagonal Shelter with Fiberglass Sil-8516-FS Shingles&Tongue&Groove Roof Decking 116' $10,139 Steel Frame,8500 Series,Octagonal Shelter with Fiberglass 1SII-8524-FS Shingles&Tongue&Groove Roof Decking 24' $17,191 i Steel Frame,8500 Series,octagonal Shelter with Metal [Sil-8516-MR29 Roof and Tongue&Groove Roof Decking JV $10,935 Steel Frame,8500 Series,octagonal Shelter with Metal ISII-8524-MR29 Roof and Tongue&Groove Roof Decking 24' $18,226 Pittsburgh,8500 Series,Octagonal Shelter,All Steel with 24 SII-8524DP Guage Pre-Cut Metal Roof 24' $18,592 3� Pittsburgh,8500 Series,octagonal Shelter,All Steel with 24 SII-853213P wage Pre-Cut Metal Roof 32' $28,164 Steel Frame,8500 Series, Double Tier Octagonal w SII-8524D-FS Fiberglass Shingles&Tongue&Groove Roof Decking 24' $17,168 Steel Frame,8500 Series, Double Tier Octagonal w SII-8532D-FS Fiberglass Shingles&Tongue&Groove Roof Decking ( 2'em $29,285 Steel Frame,8500 Series, Double Tier octagonal,with SII-8524D- R29 Petal Roof and Tongue&Groove Roof Decking 24' $20,055 'Steel f=rame,8500 Series, Double Tier octagonal,with 5II-8 32D-MR29 IMetal Roof and Tongue&Groove Roof Decking 32' $32,0401 Prices do not include freight,installation or engineered drawings 3/8/2017 4 OF 4 Page 947 of 1161 Musical Pieces Pricei #4000-2017 Item No. Description Pcicoi FRN-CADENCE 13 Note Tenor Marimba In Ground $3,790.00 FRN-CONTRABASSCHIMES 7 Aluminum Chimes In Ground $5,678.00 18 Note Resonated FRN-DUET Xylophone/Marimba In Ground $3,726.00 FRN-IMBARIMBA 22 Note Resonated Marimba In Ground $4,682.00' FRN-LILYPADCYMBALS 10 Note Aluminum Discs In Ground $2,800.00 FRN-MANTARAY 36 Note Metallophone In Ground or Surface Mount $4,695.00. FRN-PAGODABELLS 8 Stainless Steel Bells In Ground $3,718.00 FRN-PEGASUS 23 Note Resonated Metallophone In Ground $4,549.00 FRN-SWIRL 26 Note Resonated Metallophone In Ground $5,652.00 FRN-TUNEDDRUMS Set of 5 PVC Hand Drums-Normal In Ground $3,218.00 FRN-TODDTUNEDDRUMS Set of 5 PVC Hand Drums-Toddler In Ground $3,609.00 FRN-YANTZEE 10 Bass Note Resonated Metallophc In Ground $4,308.00 FRN-ARIA 9 Note Non-resonated Xylophone In Ground $1,938.00! FRN-GRIFFIN 11 Note Resonated Metallophone I In Ground $3,252.00 11 Note Resonated Metallophone FRN-JACK on molded plastic frame In Ground $2,585.00'. FRNAILL 11 Note Resonated Marimba In Ground $2,585.00'. FRN-MELODY 9 Note Resonated Xylophone In Ground $1,783.00 ---- FRN-MERRY 11 Note Resonated Metallophone In Ground $2,619.00 FRN-RHYTHM 9 Note Resonated Marimba In Ground $1,783.00 11 Note Resonated Marimba, FRN-PIPER fiberglass keys In Ground $2,602.00 ENSEMBLES FRN-WEENOTES Griffin, Merry&Piper 3 Weenotes $7,702,00 FRN-STARTER Duet, Drums&Yantzee 3 Instruments $10,175.00' IFRN-DELUXE Imbarimba,Swirl,Yantzee, Drums 4 Instruments $15,922.00, Contrabass Chimes, Imbarimba, FRN-PREMIUM Swirl, Pegasus,Drums 5 Instruments $21,194.00 Contrabass Chimes,Lilypad Cymbals,Manta Ray,Swirl,Pagoda FRN-SCULPTURAL Bells&Aria 6 Instruments $21,896.00 Prices do not include freight or installation 3/8/2017 1 OF 1 Page 948 of 1161 Park Furniture Installation Price List #5000 STATE DESCRIPTION RATE INSTALLATION Installation of Park Benches $270-00 INSTALLATION Installation of Picnic Tables $310.00 INSTALLATION Installation of Litter Receptacles $230.00 INSTALLATION Installation of Bike Racks $425,00 INSTALLATION Installation of Swing Benches $540.00-1 INSTALLATION Installation of Planters $310.00 Rates area maximum allowable percentage rate under the contract. Minimum Installation Fee of$5,000.00 Installation rates o not include Prevailing Wages.Please ask for a quote with Prevailing Wage Rates,if applicable. Unless otherwise noted in the quote,the installation charge includes the below: Receiving shipment on site and off-loading equipment Layout and excavation of footing holes for equipment provided by KOMPAN Assembly of equipment provided by KOMPAN Concrete footings(where applicable) Below is a list of services that are not automatically included in the quote for product installation,but may be available for ane ra charge Please inquire with your local KON sales associate for details: Off-site disposal of packaging from delivered equipment Removal of excavated soil from site Additional site excavation not involving equipment footings Permits Storage of Equipment Site Fence-Security Installation in stages Non-standard working hours(i.e.nights,weekends,holidays) Unless otherwise noted,the quoted installation charge assumes the following site conditions: Adequate access to the site for vehicles and equipment A flat,level site(less than 1%grade)with no existing surfacing, drain rock,or other landscaping material Clear markings of play site borders and finished grade height Good soil conditions for excavation(i.e.no large rocks, tree roots,underground structures,etc.) All underground utilities marked clearly by customer prior to installation crew arriving on site and without those utilities interfering with necessary footing holes If products are ordered as"surface mount"and will be anchored to an existing concrete slab,that the slab meets the thickness and strength requirements associated with the equipment. If any of the above site conditions are not met,this may result in an inability to complete the installation and/or may result in additional installation charges. 3/8/2017 1 OF I Page 949 of 1161 Contract No.2017001135 Vendor No.303668 EXHIBIT B INSTALLATION FEES The following Installation Fees are an Exhibit to and are incorporated into the Contract to provide Playground Equipment,Outdoor Fitness Equipment,Surfacing, Site Accessories and Related Products and Services(the"Contract")between the City of Charlotte and Kompan,Inc. 22 Page 950 of 1161 Contract No.2017001135 Vendor No.303668 EXHIBIT C NATIONAL NETWORK OF DISTRIBUTORS AND INSTALLERS The following National Network of Distributors and Installers is an Exhibit to and are incorporated into the Contract to provide Playground Equipment,Outdoor Fitness Equipment,Surfacing, Site Accessories and Related Products and Services(the"Contract") between the City of Charlotte and Kompan,Inc. 23 Page 951 of 1161 t` U.S. Communities Supplier Information Section 7 (continued) ,.:_1I • By partnering with best in class suppliers of site amenities,surfacing and other associated playground products, KOMPAN ensures that we always offer the best quality and highest n� technologically advanced products in their class to the market. 61 c jyali icati nms Experience and Protect ..Manalement Capabilities El �. Identify your company's authorized distributors and installers by U.S.=state: _................._ _ e.__� m- e�...__...e. _._. ,.. .— .. �... KOMPAN's Authorized Distributors by U.S,state. , ......� _ t Distributor(Agency Partner) Territory by State ABC Playgrounds LArkansas �_...._.�, X A j� ........�._ ...__ ...._..........__......._____..............._...._.__w..______....... ..�._ All Play+ Pennsylvania American Athletix Ohio, Michigan Creative Recreational Design, Inc. New Mexico r ----------- ... --m....x_.. y Custom Playground Solutions Missouri .F Highwire Washington, Hawaii,Alaska I i _ r Imagine Nation Illinois, Iowa I K2 Recreation Oregon, Idaho,Washington a �... ®.. _ a..... .. """e ..... . .. w, Latta's West Virginia Meaning 2 Play South Carolina tt` " Playspace Design Utah, Idaho, Montana, Nevada x I; Practice Sports � Nebraska Recreation Insights Kentucky, Indiana Recreation Republic California Summit Recreation Colorado,Wyoming ----------------------- Ultimate Playgrounds Wisconsin, Minnesota, North Dakota,South Dakota r Versa Sport Kansas t a _ age o , �,� Scope of Services Section 4 All equipment must be IPEMA Certified. Certification must be included with your proposal submission. I IPEMA certificates for the sample playgrounds are attached, labeled Exhibit 28 f 4.7 Installation. All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers'certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area. WEST ZONE t Installer Name` installer Address "Nll 1747 Colgate r.Thousand Oaks,California PSI 91360 1 4285 Parkdale Lane,Santa Maria, California Central Coast Playgrounds 93455 l 1372 East Valencia Drive, Fullerton,California g �y Cicero Engineering 2831 .... .... ,41 I' Who Built Creative P.O. Box 5207, Petaluma,California 94955 3 Zasuetta Contracting Inc. Po Box 866,Spring Valley,California 91976 ......... __ ...... 1310 Sierra Oaks Lane, Colfax, California Recreation Science 95713 2328 N. Batavia Street, Orange County, TJ Janca Construction Inc. California 9286S-2026 I 980 Memorex Dr.Santa Clara, California A Playgrounds Unlimited 95050 r 43407 Tyl an Street,Temecula,California Perpetual Parks and Playgrounds 95292 r ...................___________________________ __.. PO Box 80784, Rancho Santa Margarita, Creative Contractors California 92688 's (list continued next page...) 4 446...,. ,.. Scope of Services Section 4 (continued) -- y WEST ZONE I { Ji ., omnm le-smmm `a�st.,e.�ev m � Installer Name Installer Address. 3283 California Ave, Carmichael, r -lifornia ��,�. . - Creekmore Recreation Specialists 95608 7227 N Philadelphia St#403, Portland, Oregon 2 Recreation Inc. 97203 Taamine Construction 851 Leilani Street, Hilo, Hawaii 96720 1266 Bay Loop Southwest,Tumwater, � ` Cascade Mini Excavating Inc. Washington 48.512 —------F 21510arm Park Dr. Hillsboro, Oregon Cascadian Landscaping 97124 r Community Playgrounds 200 Commercial, Vallejo, California 94589 i h ��k 10536 S.W. 25th Avenue, Portland, Oregon G.R. Morgan Construction 97219 42-273 Old Kalanianaole Hwy, Kailua, Hawaii Goto Construction Inc. 96734 ti_... ..__..m,m,m... m...... �� 704 Cayo Grande Court, Newbury Park, Jane's Brothers California y 91.12k..i 3 P.O Box 8236, 8,, onney Lake, Washington RSR Construction snc. 98390 155 South Garrison Street, Lakewood, layco Park Builders Inc. Colorado 94954 Progressive Playgrounds 12784 N. 3rd Street, Parker,Colorado 80134 1 Quality Time Recreation PO Box 471 Clearfield Utah 84089 t' (list continued next page...) � v� 61 Scope of Services Section 4 (continued) I i CENTRAL ZONE Installer Name Installer Address Midwest Playground Contractors 500 N. Pine St Suite 104,Chaska, Minnesota 55318 PG a Playgrounds 5615 E. Huffman Drive, Kechi, Kansas 67067 -- _ .. w. Pro Installation Plus 5807 Hibiscus Trail, Crystal Lake, Illinois 60012 � .—A .......... i m i Vela Construction 24830 Outer Dr. Lincoln,Michigan 48146 l -_� Versasport 2705 N. Pepper Ridge,Wichita, Kansas 672.05 i n EASTERN ZONE Installer Name Installer Address Avon Corporation 5621 Vine Street,Alexandria,Virginia 22310 . i 500 S Whitehorse Rd, Phoenixville, Pennsylvania Buzz Burger Inc. 19428 Custom Park Services 8019 E. Old Jessup Road,Jessup, Maryland 20794 ��Y 171 t111i( AHS _ Gassner Contracting 122 Markle Road, Belle Vernon, Pennsylvania 15012 4 , Teen Acres Landscape&Construction Co. Inc. 21 Malbone Street, Lakeville, Massachusetts 02347 Level Ground 625180th Street, Middle Village, New York 11379 Meaning 2 Play 106 Casco ay Rd, Irmo, South Carolina 29063 1 Lawn Landscaping Inc. P.O. ox 104, Harwington, Connecticut 06791 �s `to� (list continued next page...) Scope of Services Section 4 (continued) EASTERN ZONE Installer Name Installer Address I 617 Tim Hill Rd (P.O Box 222), Marathon, New York P&P Installations 13803 1 Pat C o rsetti Inc. 610 Fenimore Ave, Mamaroneck, New York 10543 Playtime Installs LLC 501 Maplewood Ave., Mohnton, Pennsylvania 1954.0 Probuilt P.O. Box 991, Marshfield, Massachusetts 02050 1 Reale Associates Inc. PO Box 2316,Ocean Bluff, Massachusetts 02065 Reese Construction 3720 Lucky Dr. Apex, North Carolina 27539 Rich Picerno Builders 500 Hoiles Drive, Kenilworth, New Jersey 07033 UA Construction 71 West 23rd Street, New York, New York 1.0010 ! ^ X , Dicarlo Home Improvements 9974 Blackberry Lane,Great Falls,Virginia 22066 na,m I MULTIPLE ZONE � Installer Name. Installer Address „ Evans Recreation P.C?. Box 42607, Las Vegas, Nevada 89116 I x ,, Playgrounds of the Rockies 3295 South Fairplay St,Aurora, Colorado 80014 ` t Green Apex Roofing&Construction LLC 5333 Richmond Ave#15, Houston,Texas 77056 ' ....... X.X 1 t. JP and Sans Contracting Inc. 18937 E Via Del Verde, Queen Creek,Arizona 85142 ;, .. ..� Michigan Recreational Construction Inc. (MRC) P.O. Bax 2127, Brighton, Michigan 48116 6440 Southpoint Parkway, Floor 3,Jacksonville, Precision Playgrounds Holdings Florida 32216 z The Playground Guys Inc. 5600 SE Lamay Drive,Stuart, Florida 34997 a ....... � 449 61 Contract No.2017001135 Vendor No.303668 EXHIBIT D FREIGHT RATE SCHEDULES The following Freight to Schedules area Exhibit to and are incorporated ` tat e Contract to provide Playground Equipment,Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services(the"Contract")between the City of Charlotte and Kompan,Inc. All freight charges are prepaid tathe carrier by KOMPAN and added tathe invoice as a separate line item to the customer. Page 957 of 1161 Contract No.2017001135 Vendor No.303668 EXHIBIT E PRODUCT WARRANTIES The following Product Warranties are an Exhibit to and are incorporated into the Contract to provide Playground Equipment,Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services(the"Contract")between the City of Charlotte and Kompan,Inc. 25 Page 958 of 1161 Scope of Services Section 4 (continued) 4.12 Warranty. Proposals should address each of the following: 1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. Warranty documents for all proposed products attached. r Warranty Response Time Product Response Time KOMPAN Playground Equipment 4-8 business days* KOMPAN Outdoor Fitness Equipment 4-8 business days` ! Engineered Wood Fiber 5 business days Pour In Place Rubber 5-10 business days , ...... s l Rubber Mulch 5 business days Artificial Turf 5-10 business days ......_ _...._ _. Rubber Tiles 5-10 business days m...�.. _..u._...- Site Amenities 5-10 business days Shelters 5-10 business days .. Shades 5-10 business days Installation Services 1- business days *For customized or discontinued products additional time may be required. 2.Warranty period start date.The City desires the warranty start at the time of substantial completion. KOMPAN's Warranty period start date will be at time of substantial completion. 3.Availability of replacement parts. Replacement parts will at the minimum, be available for the duration of the warranty period. 4.Life expectancy of equipment under normal use. KOMPAN has been producing playground equipment since the 1970's and we still have some equipment in the field from that time period. Local climate conditions, maintenance,and usage can affect the life expectancy of equipment. Equipment is built to last through several generations, and can last over 20 years if properly �t maintained. The life expectancy of surfacing products is based on the climate, environment, proper drainage, usage and maintenance. The minimum life expectancy matches the number of years the product is under warranty. Site amenities have varied life expectancy based upon the type of materials and the care and maintenance of the product. The minimum life expectancy matches the number of years the product is under warranty. 5. Detailed information as to proposed return policy on all equipment. Except as agreed to in writing, all items of Product returned will be subject to inspection and approval by KOMPAN prior to acceptance and will result in a restocking charge for all costs associated with the return, but not less than 50% of the full list price of such returned KOMPAN items or 75%for custom or third party items 450 � Contract No.2017001135 Vendor No.303668 EXHIBIT F SCOPE OF SERVICES The following Scope of Work is an Exhibit to and incorporated into the Contract to provide Playground Equipment,Outdoor Fitness Equipment,Surfacing,Site Accessories and Related Products and Services(the"Contract") between the City of Charlotte and Kompan, Inc. 4. SCOPE OF SERVICES. 4.1 General Scope. The Company shall provide various Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services that meets or exceeds the following requirements to the City and Participating Public Agencies nationwide. Participating Public Agencies may have additional specific requirements that might not be a requirement of the Lead Public Agency. The Company agrees to provide additional information or documentation to Participating Public Agencies as may be required per the Master Intergovernmental Cooperative Purchasing Agreement (between the Lead Public Agency and the Participating Public Agency). 4.2 Product Standards and Guidelines. It is essential that all Playground Equipment, Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services be in compliance with all current and applicable Consumer Product Safety Commission (CPSC), Americans with Disabilities Act (ADA) and ADA Accessibility Guidelines (ADAAG), and ASTM Standards and other applicable laws and regulations in the state of North Carolina or in accordance with the laws and applicable purchasing policies of the State and locality where the Participating Public Agencies exists. Manufacturers must be a member of the International Play Equipment Manufacturers Association (IPEMA) and ISO 9001 and 14001 certified. All equipment must be IPEMA Certified and meet all current American Society of Testing and Materials (ASTM),Consumer Product Safety Commission(CPSC),and IPEMA standards. 4.2.1 American Society for Testing and Materials(ASTM): ASTM-F1487- 11 Standard Consumer Safety Performance Specification for Playground Equipment for Public use. ASTM-F 1292-13 Standard Specification for Impact Attenuation of Surface Systems within the Use Zone of Playground Equipment. ASTM 1951-09 Standard Specifications for Determination of Surface Systems Under and Around Playground Equipment. 26 Page 960 of 1161 Contract No.2017001135 Vendor No.303668 ASTM F2049-11 Fences/Barriers for Public, Commercial, and Multifamily Residential Use Outdoor Play Areas. ASTM F2075 Standard Specifications for Engineered Wood Fiber foor® Use as a Playground Safety Surface and Around Playground Equipment. 4.2.2 Printed Handbook for Public Playground Safety(CPSC) Equipment must meet all guidelines stated in the "Handbook for Public Safety" published by the Consumer Product Safety Commission. Copies of publication No. 3)2 5 may be obtained from U.S. Consumer Product Safety Commission,Washington,DC 20207. 4.2.3 International Play Equipment-Manufacturers Association(1PEMA) IPEMA provides third-party Product Certification services for U.S. and Canadian public play equipment and U.S. public play surfacing materials. The services provide forte validation of a participant's certification of conformance tote standards referenced above. Both certifications are administered by Detroit Testing Laboratory, Inc. For more information on certification and membership,visit IP MA's website at: v.iepLa_orI,,. All equipment must be IPEMA Certified. Certification must be included with your proposal submission. 4.3 Environmental Purchasing Requirements. The Company must provide documentation of their environmental sustainability policies,measures,and initiatives with their Proposal response per Section 2.6.15 and Section 7 -U.S. Communities Requirements of this P. 4.4 New Products and Services. New Products and Services may be added to the resulting Contract(s)during the to of the Contract by written amendment, to the extent that those Products and Services are within the scope of this RFP and include, but will not be limited to, new Product added to the Manufacturer's listing offerings, and services which reflect new technology and improved functionality. All requests are subject to review and approval of the City of Charlotte. 4.5 Replacement Parts. The Company must stock replacement parts fora minimum of 15 years on all play systems and provide parts within two (2) weeks (14 calendar days) from the time an order is placed by the Participating Public Agency. Some parts may take longer than two weeks, and that will be communicated at the time the order is placed. 4.6 Surfacing Material. Surfacing Material must meet all guidelines stated in the Handbook for Public Playground Safety,and most current versions of ASTM-F1292-13,F2075-15,F3012- 14, and all other applicable AS standards and guidelines as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry. 27 Page 961 of 1161 Contract No.2017001135 Vendor No.303668 4.7 Installation. All Products provided under this Contract that require assembly and installation should be performed by the awarded manufacturers' certified installers. Company must provide the names and addresses of each certified installer/subcontractor by geographical area. All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each project, and meet manufacturer's specifications and industry standards. It shall be the obligation of the Installer to obtain clarification from the Project Coordinator concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the work. 4.8 Design. The Company must have the capability to recommend and design appropriate play systems/structures to fit the need of the site for age groups to be determined by Participating Public Agency. Company must provide drawings (plan and elevation) of all pertinent aspects of the play equipment and its method of connection to the work. Final playground layout drawings shall be to scale and legible and must show location of play equipment and dimensions of use zones. All designs shall indicate ADA accessible routes,and percentage of ADA accessible components. 4.9 Project Management, The Company must have the ability to provide project management services to help Participating Agencies complete their projects on-time and within budget. 4.10 Safety. The Company and installers or subcontractors performing services for Charlotte- Mecklenburg are required and shall comply with all Occupational Safety and Health Administration(OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. The Company and subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract. 4.11 Literature and Catalogs. The Company will be required to furnish and/or update all price lists, listings, color charts and other literature as requested within fifteen (15) days after notification of award.All catalogs maybe electronic versions. 4.12 Warranty. The Company should address each of the following: 1. Applicable warranty and/or guarantees of equipment and installations including any conditions and response time for repair and/or replacement of any components during the warranty period. 2. Warranty period start date. The City desires the warranty start at the time of substantial completion. 3. Availability of replacement parts. 4. Life expectancy of equipment under normal use. 5. Detailed information as to proposed return policy on all equipment. 4.13 Lead Time and Delivery. 28 Page 962 of 1161 Contract No.2017001135 Vendor No.303668 1. Company must provide a four (4) week lead time on limited number of configurations, with no up charge. Participating Public Agencies should consult with their local Sales Representative for Lead times for specific products as times vary based upon type of product. a. Most of the Company's bestselling Products are stocked in our Middletown, Pennsylvania storage facility and can be shipped for immediate delivery— one to seven days, dependent upon the delivery location. b. 64% of the Company's Products will be shipped for delivery from the east coast within five weeks. c. 26% of the Company's Products will be shipped for delivery from the east coast within eight weeks. d• The remaining 10% of the Company's Products have delivery times that are dependent on the custornizations, color and material selections as these Products are highly specialized and a result of project collaboration with the customer. 2. Deliveries array be made typically between the hours of 8:30 a.m. and 3:30 p.m., local time, on regular business days unless other arrangements have been made. Delivery location shall be stated on each purchase order issued by Participating Agencies, 3. The Company will ensure that all items are delivered folly assembled or assembled by vendor or its designated subcontractor on site as may be designated by the Participating Public Agency. The Company will assure that all items are packed in accordance with prevailing commercial practices and delivered and assembled and installed in the first class condition. 4. When the purchase order calls for delivery to a specific location(other than door delivery) the vendor will deliver in accordance with the delivery instructions provided by the Participating Public Agency and shall perform inside delivery, assembly, set in place in proper location, make ready for use and remove all debris. 5• The Company shall authorize immediate replacement of any item that has been damaged in transit. 6. If deliveries are required in the evenings or weekends, or designated holidays, special installation charges will be negotiated. It is expected that the pricing will be fair and reasonable based upon specific requirements. 4.14 Optional Work. Company will be required to provide quotations on a case-by-case basis for optional related work such as,but not limited to, removal and/or reinstallation of Playground & Fitness Equipment, timbers, and fencing as may be required to provide a full turnkey solution to Participating Public Agencies, ® Material Specifications. Equipment material specifications may vary between cities, counties, schools and states. Each Participating Entity will provide required specifications to include, but not be limited to, acceptable material, finish, diameters, thickness, gage, and angles of all components when placing orders or as necessary. 29 Page 963 of 1161 Contract No.2017001135 Vendor No.303668 4.16 Additional Requirements. The Company may be required and agrees to comply with additional state, or local laws and policies of the individual Participating Public Agencies. 4.17 Performance Bond. The Company may be required to provide a performance bond as required by Participating Public Agencies for each project as required by local or state laws and policies. 4.18 Reports. The Company must maintain all records in compliance with federal and state regulations. A statistical report and an annual tabulated report must be submitted electronically to the Lead Public Agency upon request. 4.19 Pricing. The Company must submit a cost proposal fully supported by data adequate to establish the reasonableness of the proposed fee. One !1j firm fixed,,percentage discount off of a verifiable list price for each category (defined in Section 1.3): 1) Playground Equipment (including components, replacement parts); 2) Outdoor Fitness Equipment: 3) Site Accessories; 4) Surfacing Materials; 5) all other related Products (Shade Structures, Skate Parks, and other categorized Products); and 6) Services offered by the Company,for the life of the contract is preferred. Prices must include manufacturer mark up,profit,item cost and storage to allow each customer the ability to calculate and verify discount. All manufacturer price lists must be identified in the Proposal response. Proposals must include an itemized list of any Products and Services that the Company intends to include in the Master Agreement and assume responsibility for as prime contractor, but are offered by the individual authorized distributors and not included in the Company's catalog. The list must identify the distributors name and location that offers each product and service included. The Company shall be the prime contractor and remain solely responsible for contractual performance, and reporting, per Section 2.6.7 of this RFP for any Products and Services offered by the authorized distributor. Proposals shall not include Products and Services the Company does not intend to offer,or take responsibility for,as prime contractor. 4.19.1 Volume Discounts: Please include any volume discounts offered to the Lead Public Agency and Participating Public Agencies. 4.19.2 Rebates: Please include any rebates offered to Lead Public Agency and Participating Public Agencies.. 419.3 Product,Design and Price Comparison. For comparison purposes only, the Company must provide the following information for the three (3) sample playground designs included in Section 6,Form 4- 1. Cost breakdown of all components using proposed discounts and list prices; 2. Manufacturer Price List ID 30 Page 964 of 1161 Contract No.2017001135 Vendor No.303668 I Three dimensional drawings 4. Number of kids that can use the playground, 5. Total number of play components: * Number of ground level components * Number of accessible ground level components * Number of elevated components * Number of accessible elevated components 6. Play Structure Size 7. Deck Sizes S. Diameter of Uprights 9. Color options 10. Minimum time needed from date of design to delivery of equipment. 4.20 Installation. Company response must include a defined installation fee program. If a percentage of total dollar amounts of each order are proposed, the Company must submit one (1) fixed percentage for all installation services for all Participating Public Agencies, regardless of location,for the life of the contract. 4.21 Shipping and Delivery. Company must include a defined shipping program with their Proposal responses. If shipping is charged separately, only the actual cost of the freight may be added to an invoice. Shipping charges calculated as a percentage of the product price cannot be used. 1. Unless specifically stated otherwise in the "Shipping Program" included in the Company's Proposal response, all prices quoted must be F.O.B. destination with freight prepaid by the Company. 2, Additional costs for expedited deliveries may be added. I Selection of a carrier for shipment will be the option of the Participating Public Agency paying for said shipping. 4.22 Price Adjustments. All proposed c® g shall remain firm forte first year of the subsequent Contract (through June 30, 2018). Company may request price increases for consideration at least sixty (60) days prior to each anniversary of the Contract effective date. All requests must be submitted in writing to City of Charlotte Procurement Management along with documentation of bona fide materials and labor increases for the cost of Products. No adjustments shall be made to compensate a Company for inefficiency in operation or for additional profit. Price decreases shall be accepted at any time during the to of the contract. 4.23 References. Proposals must include a minimum of five (5) customer references (see Section 6, Form 7)that Company has provided products and services similar to those outlined in this P. 4.24 Prevailing Wages. Company must comply with the Prevailing wage requirements of each state. Please include any exceptions to this requirement in your proposal response, per Section 2.6.12 of the R-FP. 31 Page 965 of 1161 Contract No.2017001135 Vendor No.303668 EXHIBIT H CONFIDENTIALITY TERMS This Exhibit H is an exhibit to the Contract to Provide Playground Equipment, Outdoor Fitness Equipment, Surfacing, Site Accessories and Related Products and Services (the "Contract") between the City of Charlotte, a North Carolina municipal corporation (the "City"), and Romp an.hic.,a corporation doing business in North Carolina(the"Company"). Unless otherwise stated in this Exhibit, the defined terms stated herein shall have the same meanings ascribed to the in the main body of the Contract. 1. CONFIDENTIAL INFORMATION. "Confidential Information"means any information,in any medium(whether written,oral or electronic), obtained from the City or the Company or any of their respective suppliers,contractors or licensors which falls within any of the following general categories: 1.1. Trade secrets. For purposes of this Contract,trade secrets consist of information of the City or the Company or any of their respective suppliers,contractors or licensors: (a) that derives value from being secret;and(b)that the owner has taken reasonable steps to keep confidential. Examples of trade secrets include information relating to proprietary software,new technology,new products or services,flow charts or diagrams that show how things work,manuals that tell how things work and business processes and procedures. 1.2. Information marked "Confidential"or "Proprietary. 1.3. Information relating to criminal investigations conducted by the City, and records of criminal intelligence information compiled by the City. 1.4. Any attorney/client privileged information disclosed by either party. 1.5. Information conmined in tare Cityspersonnel files, as defined by N.C. Gen. Stat. 160A- 168. Ibis consists of all information gathered by the City about employees, except for that information which is a matter ofpublic record under North Carolina law. 1.6. Personal identifying information about individuals that the City is prohibited from disclosing by law,including: (a) Social security or employer taxpayer identification numbers. (b) Drivers license(drivers license numbers are not included if the number appears on law enforcement records), State identification card,or passport numbers. (c) Checking account numbers. (d) Savings account numbers. (c) Credit card numbers. (f) Debit card numbers. (g) Personal Identification(PIN)Code as defined in G.S. 14-113.8(6). (h) Digital signatures. (i) Any other numbers or information that can be used to access a person's financial resources. Biometric data. (k) Fingerprints, (1) Passwords. 1.7- The security features of the City's electronic data processing systems,information technology systems, telecommunications networks, and electronic security systems, 33 Page 966 of 1161 Contract No.2017001135 Vendor No,303668 including passwords,security standards,security logs,procedures,processes, configurations, software and codes. 1.8. Local tax records of the City that contain information about a taxpayer's income or receipts. L9. Any data collectedfrom a person applying fair financial or other types qJ'assistance, including but not limited to their income, bank accounts, savings accounts, etc. 1.10. Building pla ns of City-owned buildings or structures, as well as specific details of public security plans. 1.11. Billing injbrmation of customers compiled and maintained in connection with the City providing utility services. 1.12. Plans to prevent or respond to terrorist activity,including vulnerability and risk assessments,potential targets, specific tactics or specific security or emergency procedures,the disclosure of which would jeopardize the safety of government personnel or the general public or the security of any governmental facility, structure or information storage system(s). 1.13. Other information that is exemptfrom disclosure under the North Carolina public records laws. The information described in Sections 1.1 through 1.13 is a subcategory of Confidential Infortnation called "Highly Restricted Information." Highly Restricted Information is subject to all requirements applicable to Confidential Information, but is also subject to additional restrictions as set forth in this Exhibit H. The parties acknowledge that Confidential Information includes inforination disclosed prior to execution of this Contract as well as information disclosed after execution. Notwithstanding the above, contracts between the Company and the City are not Confidential Information and will be considered public records, except for attached exhibits that: (a)meet the legal requirements for trade secrets-,and(b) are clearly identified as such. 2. RESTRICTIONS AND RE,QUIREMENTS. Each party shall comply with the following restrictions and requirements regarding Confidential Information: 2.1. Neither party shall copy,modify,enhance,compile or assemble(or reverse compile or disassemble),or reverse engineer Confidential Information,except as auth.orized by written agreement of the parties or by the written consent of the other party. 2.2. Neither party shall, directly or indirectly, disclose,divulge,reveal,report or transfer Confidential Information of the other to any third party,other than an agent, subcontractor or vendor of the City or the Company who: (a)has a need to know such Confidential Information for purposes contemplated by this Contract,and(b)has executed a confidentiality agreement incorporating substantially the form oft 's Exhibit H. Notwithstanding the foregoing,Company shall not directly or indirectly,disclose, divulge,reveal,report or transfer Highly Restricted of the other to any third party without the City's prior written consent. 34 Page 967 of 1161 Contract No.2017001135 Vendor No.303668 2.3. Neither party shall use any Confidential Information of the other for its own benefit or for the benefit of a third party,except to the extent such use is authorized by this Contract or other written agreements between the parties hereto,or is for the purpose for which such Confidential Information is being disclosed. 2.4. Neither party shall remove any proprietary legends or notices,including copyright notices,appearing on or in the Confidential Information of the other. 2.5. Each party shall use reasonable efforts to prohibit its employees,vendors,agents and subcontractors from using or disclosing the Confidential Information in a manner not permitted by this Contract. 2.6. In the event that any demand is made in litigation, arbitration or any other proceeding for disclosure of Confidential Information,the party upon which the demand is made shall notify the other party of the demand, and shall cooperate with and reasonably assist the other party in seeking a protective order or other appropriate relief to prevent or restrict and protect any disclosure of Confidential Information. 2.7. All materials which constitute,reveal or derive from Confidential Information shall be kept confidential to the extent disclosure of such materials would reveal Confidential Information. 2.8. Each party shall restrict employee access to the Confidential Information of the other party to those employees having a need to know for purposes of carrying out the business relationships contemplated by this Contract. 2.9. The Company shall comply with the City's Restricted Data Policy,a copy of which is posted on the City's website,and with any instructions or procedures issued by City key business units from time to time with respect to protecting specific types of Confidential Information. 2.10. Each party shall take reasonable measures to prevent the use or disclosure of Confidential Information by its employees in a manner not permitted by this Exhibit H. The Company shall have each of its employees who will have access to the Confidential Information sign a confidentiality agreement which provides the City and its vendors, licensors,subcontractors,employees and taxpayers the same level of protection as provided by this Exhibit H,including compliance with the City's Restricted Data Policy. 2.11. The Company shall further ensure that each person who obtains access to Confidential Information through the Company(including but not limited to Company's employees and subcontractors)has undergone training sufficient to understand his or her responsibilities with respect to this Exhibit H and the City's Restricted Data Policy. 3. EXCEPTIONS. The disclosing party to this Contract agrees that the receiving party ("Recipient")shall have no obligation with respect to any Confidential Information that the Recipient can establish: 3.1. was already known to Recipient prior to being disclosed by the disclosing party; 3.2. was or becomes publicly known through no wrongful act of Recipient; 35 Page 968 of 1161 Contract No.2017001135 Vendor No.3 8 3.3. was rightfully obtained by Recipient from a third party out similar restriction and without breach hereof; 3.4, was used or disclosed by Recipient with the prior written authorization of the other party; 15, was disclosed pursuant to the requirement or request of a governmental agency,which disclosure cannot be made in confidence,provided that,in such instance,Recipient shall first give to the other party notice of such requirement or request; 3,6. was disclosed pursuant to the order of a court of competent jurisdiction or a lawfully issued subpoena,provided that the Recipient shall take reasonable steps to obtain an agreement or protective order providing that this Contract will be applicable to all disclosures under the court order or subpoena. 4. DATA. The Company will treat as Confidential Information all data provided by the City or processed for the City or for citizens under this Contract(including metadata), Such data shall remain the exclusive property of the City.The Company will not reproduce,copy,duplicate, disclose, or in any way treat the data supplied by the City in any manner except that contemplated by this Contract. 5. PUBLIC RECORDS.Notwithstanding anything contained herein to the contrary,the parties recognize and acknowledge that the City is a subdivision of the State of North Carolina and is,therefore,subject to the North Carolina Public Records Act(the"Act") at N.C. Gen. Stat. 132-1 et seq. The parties fin-ther acknowledge that any Confidential Information that is a public record under North Carolina law may be released and disclosed by the City pursuant to the Act,and that any such release or disclosure shall not in any way constitute a breach of this Contract,nor shall the City be liable to the Company for such release or disclosure. In the event the City receives a request for disclosure of Confidential Information which the Company has specifically marked "Confidential" or "Proprietary" the City shall give the Company written notice of such request(the"Notice of Request for Disclosure").In the event the Company has a reasonable basis for contending that the disclosure of such Confidential Information is not required by the Act,the Company shall within ten(10)days after receipt of the Notice of Request for Disclosure notify the City in writing of its objection to disclosure and the basis therefor. The Company shall indemnify, defend and hold harmless. the City from and against all losses, damages, liabilities, costs, obligations and expenses (including reasonable attorneys' fees) incurred by the City in connection with any refusal by the City to disclose Confidential Information after receiving an objection to disclosure from the Company. If the City receives no written objection from the Company within ten (10) days after the Company's receipt of a Notice of Request for Disclosure, the City shall disclose the Confidential Information referenced in the Notice of Request for Disclosure. Notwithstanding the foregoing, the parties agree that the computer database information that the City is required to disclose under N.C. Gen. Star. §132-6.1 shall not be deemed Confidential Information, and that the City shall be entitled to disclose such information without notice to the Company. & REMEDIES. Each party acknowledges that the unauthorized disclosure of the Confidential Information of the other will diminish the value of the proprietary interests therein. Accordingly,it is agreed that if a party breaches its obligations hereunder,the other party 36 Page 969 of 1161 Contract No.2017001135 Vendor No.303668 shall be entitled to equitable relief to protect its interests,including but not limited to injunctive relief,as well as monetary damages. Nothing in this Contract shall be deemed to eliminate or lessen any obligation either party may have at law with respect to protecting the confidentiality of Confidential Information, except as the provisions of this Contract expressly authorize the release of Confidential Information, 37 Page 970 of 1161 f Contrac*2017001135 Amendment#:3 Vendor#303668 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG THIRD AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES THIS THIRD AMENDMENT TO THE AI�REEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is mode and entered into this 151 day of September 2018, by and between Kompan, Inc., a corporation doin' business in North Carolina (the "Company'), and the City of Charlotte,a North Carolina municipal corporation(the"City"). StftMent of Background an A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the lCompany agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Suj acing, and Related Products and Services for the City of Charlotte. B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and freight rate adjustments. I C. The parties now desire to amend this Contract to make adjustments to unit pricing and to incorporate certain other changes. NOW, THEREFORE, in consideration of'',the mutual covenants and agreements contained herein, the parties hereby agree to the following: G._R..E._E_M E N T 1. The terms of the Contract are rostated by and incorporated into this Second Amendment by reference. 2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. This Third Amendment incorporates Federal Contract Terms and Conditions as Exhibit I and attached hereto, due to new laws and requirements,effective July 1, 2018, 4. Except to the extent specifically 'provided above, this amendment shall not be interpreted or construed as waiving any rights, obligations, remedies, or claims the parties may otherwise have under the Contract. 5. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. {signature Page Follows] i 8 I KOMPAN,INC. September 1,2018 2097001136-3 Page 971 of 1161 ContracW2017001135 Amendment#:3 Vendor#:303668 IN WITNESS WHEREOF,and in acknowledgement that the parties hereto have read and understood each and every provision hereof,the parties have caused this Second Amendment to be executed as of the date first written above. KOMPAN, I iC CITY OF CHARLOTTE: i A BY: BY: „ . (signs rrre) (signature) PRINT NAME: 1 tr [ PRINT NAME: ) rrr (2 TITLE: TITLE: DATE• DATE: J CITY OF CHARLOTTE: INSURANCE AN MANAGEMENT BY: (signature) PRINT NAME:ar6 (elf kw TITLE: /y,,f S Ir— DATE: x KOMPAN,INC. September 1,2018 201700113" __.._. Page 972 of 1161 ContracW2017001135 Amendment#:3 Vendor#:303668 Exhibit H Federal Contract Terms and Conditions This Exhibit is attached and incorporated into the Agreement to Provide Playground and Outdoor Fitness Equipment, Site Accessories', Surfacing, and Related Products and Services (the "Contract") between the City of Chadotti and Kompan, Inc. Capitalized terms not defined in this Exhibit shall have the meanings assigned to such terms in the Contract. In the event of a conflict between this Exhibit and the terms of the main body of the Contract or any other exhibit or appendix, the terms of this Exhibit shall govern. i 1. Debarment and Suspension. The;Company represents and warrants that, as of the Effective Date of the Contract, neither the Company nor any subcontractor or subconsultant performing work under this Contract(at any tier) is included on the federally debarred bidder's list listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR;180 that implement Executive Orders 12549 (3 CFR part 9986 Comp., p. 189) and 1268 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." If at any point during the Contract term the Company or any subcontractor or subconsultant performing worts at ahy tier is included on the federally debarred bidder's list, the Company shall notify the City immediately. 2. Record Retention. The Company certifies that it will comply with the record retention requirements detailed in 2 CFR §!200.333. The Company further certifies that vendor will retain all records as required by 2 6FR § 200.333 for a period of three years after it receives City notice that the City has submiled final expenditure reports or quarterly or annual financial reports,as applicable, and all other'pending matters are closed. ' E' 3. Procurement cf Recovered Materials. The Company represents and warrants that in its performance under the Contract, the Company shall comply with section 6002 of the Solid Waste Disposal Act, as amended�by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency! (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level E of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procur6ment program for procurement of recovered materials identified in the EPA guidelines. 4. Clean Air Act and Federal Water�ollution Control Act. Company agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the; Federal awarding agency and the Regional Office of the Environmental Protection Agency (SPA) 5. Energy Efficiency. The Company certifies that the Company will be in compliance with mandatory standards and policies ririating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). KOMPAN,INC. September 1,2018 2017001135-3 E Page 973 of 1161 ContractlA_2017001135 Amendment#.3 Vendor#:303666 6. Byrd Anti-Lobbying Amendment#31 U.S.C. 1352). Company certifies that: a. No federal appropriated funds:have been paid or will be paid, by or on behalf of the Company, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal Loan, the entering into of any cooperative agreement, and the extension, '',continuation, renewal, amendment, or modification of and Federal contract, grant, loan, or,cooperative agreement. b. If any funds other than federal ',appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the Company shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying,"in accordance with ito instructions [as amended by"Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1119196). c. The Company shall require that;the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 7. Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708). If the Contract is in excess of $100,000 and involves the employment of mechanics or laborers, the Company must comply with 40 U.S.C. 370 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, the Company is required to compute the wages of every mechahic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in he work week. These requirements do not apply to the purchases of supplies or materialo or articles ordinarily available on the open market, or purchases of transportation or trans nission of intelligence. 8. Right to Inventions. If the federal award is a "funding agreement" under 37 CFR 401.2 and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment of performance or experimental, developmental or research work thereunder, the City must comply with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts end Cooperative Agreements," and any implementing regulations issued by the awarding egency. 9. Davis-Bacon Act, as amended 00 U.S.G. 3141-3148). In its performance under the Contract, the Company shall comply with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable t4 Contracts Covering Federally Financed and Assisted Construction"). In accordance wvithi the statute, the Company is required to pay wages to laborers and mechanics at a rate ;not less than the prevaibng wages specified in a wage determination made by the Secretary of Labor. In addition, the Company is required to pay wages not less than once a week. 10. Copeland "Anti-Kickback" Act (4p U.S.C. 3145). In its performance under the Contract, the Company shall comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as KOMPAN,INC. September 1,2018 2017001135-3 Page 974 of 1161 Contra 2017001135 Amendment#:3 Vendor#:303668 supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building r Public Work Financed in Whole or in Part by Loans or Grants from the United States'), The Act provides that the Company is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to is he ors a is otherwise entitled. i 11.Equal Employment Opportunity.! In its performance under the Contract, Company shall comply with the equal opportunity cl.ause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal loyment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as anjend by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Emoloyment Opportunity,' and implementing regulations at 41 CFR part 60, "Office of Federol Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.' KOMPAIV,INC. September 1,2018 2017WI13" Page 975 of 1161 Contract#:2017001135 Amendment#: 2 Vendor#:303668 STATE OF NORTH CAROLINA COUNTY OF MECKLENBURG SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES THIS SECOND AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED PRODUCTS AND SERVICES (this "First Amendment") is made and entered into this 16' day of May 2018, by and between Kompan, Inc., a corporation doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation(the"City"). Statement of Background and Intent A. The City of Charlotte and the Company entered into an Agreement dated July 1, 2017 (the "Contract") pursuant to which the Company agreed to provide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte. B. The City of Charlotte and the Company agreed to amend the contract on January 1, 2018 to incorporate unit price adjustments and Freight rate adjustments. C. The parties now desire to amend the Contract to make adjustments to unit pricing and to incorporate certain other changes. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to the following: AQREEMENT 1. The terms of the Contract are restated by and incorporated into this Second Amendment by reference. 2. Defined terms used in this Second Amendment shall have the same meaning as are assigned to such terms in the Contract. 3. This Second Amendment incorporates new products and unit price adjustments as specified in Exhibit A and becomes effective on May 1, 2018. 4, Section 5 of the Contract("Optional Products and Services")is hereby appended as follows: 5. The City and Participating Public Agencies may elect to request quotations for additional products and services not specifically listed in the Company's proposal or this Agreement. The Company shall provide quotations for optional products and services as requested, to provide a full turnkey solution. 0. Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obllgations, remedies, or claims the parties may otherwise have under the Contract. 7. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [Signature Page Follows] KOMPAN,114C. May 1,2018 2017001135-2 Page 976 of 1161 Contract#:2017001 135 Amendment#:2 Vendor#:303668 IN WITNESS WHEREOF,and in acknowledgement that the parties hereto have read and understood each and every provision hereof,the parties have caused this Second Amendment to be executed as of the date first written above. KOMPAN, INC. CITY OF CHARLOTTE: BY: .y- - BY: (si.nat . r �_� (signatu ) ,, PRIM NAME: �,Zjl2e ![lt'6Tc°°.I( VV PRINT NAME; / ' TITLE: 'Ctmf/OGa &ejgn;1'n/P TITLE: �I/ fDATE: DATE: �.. ��.,� CITY OF CHARLOTTE: INSURANCE. IS MANAGEMENT BY: {signator Y' PRINT NAME ! TITLE: DAT E: KOMPAN,INC. May 1,2018 201701135-2 Page 977 of 1161 Contract#;2017€01135 Amendment#: i Vendor#: 303668 TATE OF NORTH CAROLINA COUNTY OF MECKLENBURG FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND RELATED CTS AND SERVICES THIS FIRST AMENDMENT TO THE AGREEMENT TO PROVIDE PLAYGROUND AND OUTDOOR FITNESS EQUIPMENT, SITE ACCESSORIES, SURFACING, AND L TED PRODUCTS AND SERVICES(this "First Arriendrnent") Is made and entered into this 1"day of January 2016, by and between Kornpan, Inc., a corporations doing business in North Carolina (the "Company"), and the City of Charlotte, a North Carolina municipal corporation (the"City"), Statement of BacKHround and Intent A, The City of Charlotte and the Company entered into ars Agreement dated July 1„ 2€117 (the "Contract") pursuant to which the Company agreed to protide Playground and Outdoor Fitness Equipment, Site Accessories, Surfacing, and Related Products and Services for the City of Charlotte, The parties now desire to amend the Contract to make adjustments to trait pricing and to incorporate certain other changes, NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties hereby agree to tree following. AGREEMENT 1. The terms of the Contract are restated by and incorporated into this First Amendment by reference, . Defined terrors used in this First Amendment shall have the same meaning as are assigned to such terms in the Contract. 1 This First Amendment incorporates unit price adjustments as specified in Exhibit A and becomes effective on January 1,2018, 4, Except to the extent specifically provided above, this amendment shall not be interpreted or construed as waiving any rights, obf at'rons, remedies, or claims the parties may otherwise have under the Contract. 6. In all other respects and except as modified herein, the terms of the Contract shall remain in force and effect. [ rgnafcrre Page Follows] KOMAAN. INC. Jan. 1, 2018 201x001135-1 PanPe_9.7.8.0f 1161 Contract#:2017001135 Amendment#: 1 Vendor#: 303668 IN WITNESS WHEREOF, and in acknowledgement that the parties hereto have read and understood each and every provision hereof,the parties have caused this First Amendment to be executed as of the date first written above. KOMPAN, INC. CITY OF CHARLOTTE: 7 � BY �„. � BY: r { _ (signs ure) PRINT NAME. j�lF( PRINT NAME': + -- - , TITLE: dtLf. FN. .......... TITLE: ` DATE �7. ff � �' DATE: � . CITY OF CHARLOTTE: INSURANCE AINORISK MANAGEMENT z� BY: k PRINT N E: ° ,� `,l i ,.. ', s.. Al TITLE: ( r.w � ........... . DATE: t P KOUPAN,INC, Jan. 1,2018 2017001135-1 Page 979 of 1161 1 RESOLUTION NO. R18-086 2 _r 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 4; MANAGER TO SIGN AGREEMENTS AND DOCUMENTS 6 AND APPLY FOR A KOMPAN LET'S PLAY GRANT IN 7 THE AMOUNT UP TO $50,000; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 11 WHEREAS, The Kompan Let's Play Grant challenges applicants to dream and 12 create an innovative, inclusive playground, or an interactive fitness area; and 13 WHEREAS,the City of Boynton Beach proudly provides accessible programs and 14 amenities to all members of the community; and 15 WHEREAS,the grant will assist in funding improvements to Oceanfront Park which 16 will add inclusive play components for children with disabilities so that all children can 17 enjoy playing together; and 18 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 19 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 20 21 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 22 being true and correct and are hereby made a specific part of this Resolution upon adoption 23 hereof. 3 24 Section 2. The City Commission approves and authorizes the City Manager to 25 sign agreements and documents and apply for a grant from Koman Let's Play Grant for 26 funding Improvements to Oceanfront Park. 27 Section 3. This Resolution shall become effective immediately upon passage. 28 C:\tJsers\Stanzionet\Appdata\Local\Microsoft\Windows\'I'einporary Internet Files\Content.IE5\SATNOEVN\Kompan_Lets_Play_Grant_- -Reso.Dne Page 980 of 11 E 1 29 PASSED AND ADOPTED this 3rd day of July, 2018. 30 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 YES NO 35 36 Mayor— Steven B. Grant f 37 38 Vice Mayor—Christina L. Romelus 39 40 Commissioner—Mack McCray rte' 41 42 Commissioner—Justin Katz >r 43 44 Commissioner—Joe Casello 45 46 47 VOTE � ' 0 48 49 ATTEST: 50 51 / 52 53 Judi A. Pyle, CMC ' 54 City-Clerk 55 56 57 58 (Corporate Seal) 59 60 I C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\SATNOEVN\Kompan_Lets_Play_Grant_- _Reso.Doc Page 981 of 11 1 f t.� a � , 6 f� I A w ....� ,.. .. .=h. ..aim.au" '..•:x ,tN',.".%f f>� 4 u I OD Y-4 1 , 4 t .� L - f 2pd � 4 n,a r f e. k ON,=l n qk 3,`V ! �`� rpt • �� �, � 1,a�r � f All �'`` n ,�' 4A SALES PROPOSAL KOMPAN, INC.*605W 101,Austin,TX 78753*Tel 1 223*Fax 1 7 224* pan. m Date 08/17/18 ProposalExpiration Dab No. SP59380 OOVERNMENT PURCHASING ALWANCS Project Oceanfront P -Boynton BOBO UShip to StaI L 33425 I,, Customer Service Representative ElLan Sales Payment Terms 0 Site Location: 021 Oceanfront ch Blvd. 71 Boynton .Beac - 95-100 0 Beach, 33426 n , , 0s, m Inv I 0218 Ship-ofCity Boynton Beach Park&Rec OosanFroryt Park-Boynton Banc 100 E Boynton Beach Bhd. 100 E Bayriton Beach . Boynton h,33425 Boynton Beach,FL 33425 United n i aty. Item No. Description I it Price Disc.% Not Price Equipment 1 1010 01 COMBI1,Orange, IG 2,700.00 2,790.002.790.00 1 F 0 7 PUSH UP BARS,Orange,IG 1,110.00 1,110.00 1,110.00 054 I 4.47 8.82 100.00 1 FAZ30100 0 CM INGROUND ORANGE 1,000.00 1, 1,000.00 1 200 INGROUND ORANGE 1, 1,030.00 1 FAZ30300-0900 STEP 60 CM INGROUND ORANGE 1,070.00 1,070.00 1,070.00 7 PCM100904-NIO MEGA TOWER WITH ADA PHY 15,1 0.00 15,190.00 15,1 0.00 1 PCM 103-0001 PIRATE DOLPHINI 700.00 700.00 700.00 1 GXYG00010 17 SUPERNOVA-NIGHT SKY BLUE ,170.00 8,170.00 8,170.00 1 01421.3717 SPICA 1 2,040.00 2,040.00 , 1 L 5 717 L TIP!CAROUSEL WITH TOP BRACE 4,210.00 4.210.004,210.00 Dark Blue, 1 717 111804 Variant 7 43.000.00 43,000.00 43.000.00 1 21101 17P AGE APPROPRIATE SIGN0.00 460.00 100.00 Contlnued on page 2.......................................................................... 80,310. Page 983 of 1161 Contnued from page 1........................................................................ 80,310.00 2-5 years,IG I M21102-3417P AGE APPROPRIATE SIGN 460.00 460.00 100-00 5-12 Years,IG 1 FRT-PA Freight Middletown PA 2,948.00 2,948.00 2,948.00 1 CUT OMINSTALL Installation of KOMPAN product 70,254.00 70,254.00 5.00 66,741.30 Removal of existing playground equipment Removal and disposal of existing EW F Grading and Leveling,Prop for Turf Provide and install materials necessairy for 4166af of Turf 2890sf 5'CFH 1445sf 8'CFH Pad,AdhesW,Seaming Tape,Turf Installation of Turf Pad This Quote Includes Desli;in, Equipment,and Installation Total 149,999.30 Summary: Retail Price Discount Not Price Subtotal-KOMPAN Products 81,238.82 928.82 80,310-00 Subtotal-Other Products 0.00 0.00 0.00 Subtotal-Surfacing 0.00 0.00 0.00 Subtotal-Installation&Other Services 70,254.00 3,512.70 66,741.30 Subtotal-Freight 2,948.0D 0.00 .00 Subtotal 154,440.1112 4.411.52 149,909.30 (Applicable sales inx Will be added unless a valid tax exampWri cartificals is Estimated Tax PAM provided.This emourt Is only an estimate of your tax liability.) 0.00 Total 1149299.30 Your acceptance of this proposal consaftfies a valid order request and KOMPAN Authorized Signature: ImIudes acceplence of terms and conditions contained within the Master Argeement,which Is hereby mcknwMadged.Acceptance of this prq=al by Mcepted By(signature): KOUPAN Is ackrKmIedged by Issuance of an ordw conArmation by an au&odzW KOMPAN represavathe.Prices In this quotation are good for 60 Accepted By(please print): dap. This proposal may be withdrawn If rat accepted by 09117/1 S. Data: KOWPAN Products are'Buy American'quelled.mid compliaryt with tm Buy American Act of I QS3 and the'Buy Amedcan'provilelon of the ARRA of 2M9. Page 984 of 1161 Oceanfront Park C77T]TFF Project. Date: 06/14/18 Cm I Model: As Noted Emm Rep: KOMPAN-Kade Moffitt Designer: HenScu z1'9ttWMN W Aa r,UtA sga4a,ee& 'a ­--—,l..",.aw a WCxi C.1—KOMPM Steps Stop's by 3V-3. FSW101 ARCA:817FV WGIOU LENGTK 112'_6' 1 1517—) pip 11,4r Cambi 1104 AREGTF3l A: 349 FF 10 LEN �270'.0' PCMIO08(14EWF kWa T.sverPHY POM103 Dolphin GXY960 SUPERNOVA -C' 104'W' (31a7-1 ELE40OWBI. Trip,Carousal GX'8014 71'J' Z PCM20033867 Mega Dee;; Tow., D041-1 Page 985 of 1161 m `6 0 m co rn a> 01 t S r i r ISA G GAV �. mall t�c4S � m;i Wt r (C) o ti tt�io co CY) 5 z k Al t l I i i,. a i� �t 4- 0 co com (D0) } f'1j w u y. r T s a s,s s .p 4- 0 rn co rn 5 7 c ' J 4s r r { 4— � O O O N O1 a '(y s t 24iAVI �1�M1;r t i t:1 + i i Product t I LL 1 1. 4 -0 w�� VIP, } it i } � r Nmoof � y � s Page 991 of 1161 KOMPAN Produdl f a PHY - Best User A � Elevated Accessible Elevated Accessible Ground Accessible Ground J Activities:4 Activities Level Activities Level Play Types Footings:In-ground posts a Surface installation also available < Present 4 1 t Technical information available at kompan.com < Required 2 t1vai la1)Io Options: Classic Nature Urban Post Single Shell, fiOttWe Slide Y iQ r 51 27'-5" [837cm] L� 15'-6" d _ [472crn] 3'Y 1 100cm ! ••10'-7"1321 cm / 6'-0" \ ­523fV/48.6m' — [1 S3crrr] \ 1f3"=1,-0„ 26'-9" 14-8" [616c ] [44crrt] 6'--0" [163cm] ® r a ®m r " 6 6 \ ffiM p \ 6'-0" \ [163c ] *=Nighest designated play surface. Product development is an ongoing process. =Total height of product We reserve the right to make modifications IP IPEMA Total area of safety zone, on all our products This product may not be Highest designated play surface,space required and mirrored,scaled or altered in any way Safety A total area of safety zone are according to ASTM F1467 zones must be retained fe�rproper placement P1 7 4 ofequipMent Ifany changes are required, Equipment must he installed over ies8hentsurfacing please contact your KOMPANreprezentative appropriate to the safety guidelines in your area at 1800.426.9788, To verify product cttli6ieatvon,visit rouww..i;acrtt�.t�r, Page 992 of 1161 KOMPAN Product Info TIN - EE 065 Best User Age: -1 years" (a Elevated Accessible Elevated Accessible Ground Accessible Ground Activities:0 Activities Level Activities Level Play Types Footings:In-ground posts < Surface installation also available 4 Present 0 1 i Technical information available at kompan,com Required 0 t I �`l a� I� r� rm� I Blue Green 22,-(Y' fi [670cm] T-11" [120cmil 9.-W f [275crri] X11, 22'-0" 3'-1 [o70cm1{120€ Grey ELE40ltpf5 \. `""3801 135.3m* =highest designated play surface Product development is an ongoing process.We avrs M �� pig G s =Total heightofproduct reserve the right to make modifications on all IPS $ our products,This product may not be mirrored, CEff,SqF ED CE REDttighestdesignatedplaysurfacearodspaterequired scaled oralteredinany way Safety zonesmust AS 6 are according to ASTM F1487. be retainedfor proper placement of equipment FT Equipment must be installed over resilient surfacing ifanychanges are required,pleasemntactyour appropriate to the safety guidelines in your area KOMPAN representative at 1800 4269786. To verify Product eerdfication,vinic w,lpersna.0r5 Page 993 of 1161 KOMPA Product Info GXY8014 Best User Age: 5-12 years ADA Elevated Ground Level Ground Level ANALYSIS Activities Activities Play Types Footings:In-ground installation Present o 1 Surface installation also available Accessible 0 1 Technical information available at kompan,com Required o 1 �dl BSS}y�y ;i Sl. to ia 4`s fly'• ] is r 1. 13'-8„ [416cm] ` 11-6. 1— I [45cm] ` GXY8014XX-xxl7 / 3'-3'!100c / 5'-7"J 169cm 147ft2 J 13.6m' / 1J8"=1,-0" r'- *=Highest designated play surface Product development is an ongoing process, =Total height of product We reserve the tight to make modifications =Total area of safety zoneon all our products This product may not be rumored,scaled or altered in any way,Safety 'CERTJFIED CE, RED Highest designated play surface,space required and zones must be retained for proper placement ASTM total area ofsafetyzone are accordingtoASTM F 487 F17 of equipment Iffany changes are required, Equipment must be installed over resilient surfacing please contact your KOMPAN representative To verify product certification,visit www.}treai,.«rg, appropriate to the safety guidelines in your area. at 1,800 426 9788 Page 994 of 1161 KOMPAN Product Info Supernova - 1 Best User Age:5-72 years yr Elevated Accessible Elevated Accessible Ground Accessible Ground !� Activities:0 Activities Level Activities Level Play Types Footing Information:In-ground posts. Surface installation also available. Present 1 Technical information available at kompan.com Required 6 y £ £ uj' s ai t 41 hilt S r j {Fu Green °I a 'r11 r i t Black o � Blue 6'-9" [206cm) O / [ 76cm] GXY916 � t 290.5 ft'126.1 M2 2'-0"160 cm 2'-0"160 cm ' Scale:119"=1a a *=Highest designated play surtace. Product development is an ongoing process We f °'lam 'Via, "=Total heir�htafproduct reserve the rrghttornakerraodificat+onsonall PE AI[ Highest designated play surface and space requned our products,This uctmay not berrurrored, ASTM are according to ASTM 1487 scaled or altered its any way Safety sones must P1487 Jft. be retained for proper placement of equipment Equipment must be installed over resilient surfacing lfanychanges,are required,please contact your appropriate to the safety guidelines in your area. KOMPAN representahve at I 3W,4269788 7o verify product certification,visit iperna.arg Page 995 of 1161 KOM12AN Product _ Best User Age: 13+years ADA ANALYSIS Activities G ted Ground vel I ies Activit esPlay Types jF J)} j Footings_In-ground installation #11[� Present MIA MIAN/A 4111 Surface installation also available Accessible PIA NIA MIA �q"jz Technical Information available at korip n,cor Required N/A NIA N/A i` illi) J&12 Product Type: Workout System w FSVV20900-XXOO i �i R� I 16'-3"[496crnj 11'-0"[335cmJ 00 1 I r I I FS 20900 '4'-4'f 133cm 4`-7"/140cm 237ft2/22nt" *—Fall height of product Fall height,space required and total area ofsafety Product development is an ongoing process We reserve the right to make *=Total height of product zone are according to ASTM F3101modifications on all our products This product may not be mirrored,scaled or altered ** Equipment must be installed over resilient surfacing in any way Safety zones must be retained for proper placement ofequipment.lfany Total area ofsafety zoneappropriate to the safety guidelines in your area changes are required,please contact your KOMPAN representative at 1,800 426.9788 Page 996 of 1161 KOMPAN Product B - FSW1O1OO Best User e: 13 ears AOA Elevated Ground Level ground Level ANALYSIS Activities Activities Play Types Footings:In-ground installation Present NfA � , `?, NfA NfA Surface installation also available iii E Accessible N/A N/A NIA t Technical information available at kornpnxom Required NIA N/A NIA Product type: Workout S stern M F W10100-XXoo 16'-5®[500crn] 9'-0"[275crea] i x s FSW10100 { FSWI0100_XX0l °7'-8"/233cm � *T-10"l 240cm f 19M21 18m' \ f 1/8"=1'-0" I 'O, ` u- -- *=Fall '=Fall height of product Fall height,space required and total area of safety product development is an ongoing process We reserve the right to make "=Total height ofproduct zone are according to ASTM F3101, modifications on all our products.This product may not be mirrored,scaled or altered Equipment must be installed over resilient surfacing in any way.Safety zones must be retained for proper placement ofequipmentifany Total area ofsafety zvne approprlatetothe safety guidelines inyour area changes are required,please contact your kOMPANrepresentative atIMO 4269788 Page 997 of 1161 KOMPAN Product f - FAZ30100 FAZ302001 Best User Age: 13+yearsIUs�°3,� ADA Elevated Ground Level ground Level Footings:In-ground installation ANALYSIS Activities Activities Play Types "Ni,`\3[�[ 11�,.si, , - Present NIA NIA IV1A Surface installation alio available Accessible NfA N!A h11A Technical information available at k0or.i ari,r m—n Required td(A N1A {v tJlA ProcdUct Type: Cross System 13'-2*[401cm] �I q 2'-0`°[61c.11 f E E Step,2tYc;r 6_ [17Ocm] FAZ30100 8"1 20c "* 8'12Ocrn \ "• 138fF(12,8m* J 13'-2"[401cm] [61 cml I U t ¢3;rlUcrl a V-7"[170crn] F 30200 A 1'-3"/39orn ** 1'-3'/39cm 138ft'(12.8m-' / 118" 13,_2,"[4O1crn] X,' 2'-L[61c1 m] l v E v is FAZ30300 V-1 /58cm Step,54( rt1 * V-10"158crn *.«138RI(12.8m2 *=Fall height of product Fall height,space required and total area of safety Product development is an ongoing process We reserve the right to make *=Total height of product zone are according to ASTM F3101 modifications on all our products This product may not be mirrored,scaled or altered Equipment must be installed ovei resilient surfacing in any way Safety zones must be retained for proper placementof ui ment.Ifan *°- Totalareaofsafetyzone appropriate to the safety guidelines in your area changes are required,please contact your KOMPANrepresentative at 7.800426.9788 I Page 998 of 1161 FSW10100 - Tender iii ti Text Combi I Training Purpose Info Sign&Training Support The product combination must accommodate The product must feature an information sign with own body weight training, pull up exercises, core a related exercise and QR code.When scanned the training and climbing movements and as such QR code must an animated illustration of the must feature a pull up bar, a sit up bench and a exercise and must offer the possibility of vertical ladder. downloading an app that will provide a large Pull up bar: Must be at a height of 233 cm with a amount of additional exercises and training clean workout space underneath. programs. Sit-up bench:To facilitate fixation of the feet when performing sit-ups, the bench must feature a Product&Manufacturing Standards horizontal bar 84 mm above the surface of the The manufacturing standard must comply with ISO bench at the head of the structure. In order to 9001 and the product must be NIF EN 16630(2015) facilitate fixation of the upper body when and ASTM F3101 certified. performing leg raises the surface must feature 2 grip holes at each side at the head of the structure. Vertical ladder: Must feature a minimum of 6 horizontal bars. The spaces in between the bars must be 382 mm. User Group All individuals with a minimum height of 140 cm, must be able to use the product without compromising their normal posture. Material Characteristics To ensure integrity and durability and to be optimally suited for severe use, the weather elements and unwanted abuse in the outdoors, the product must meet the following requirements: - Posts must be made of 0101.6 x 2 mm pre- galvanized carbon steel and powder coated. Tops must be sealed with PA6 (Polyamide) ca ps. - Support posts and bars intended for use in exercises must be made of hot-dip galvanized steel 038 x 2 mm. - Lead content for all steel parts must be below 90m for surfaces, and below 100ppm for base material. - Connectors must be made of die-cast aluminum specially alloyed for outdoor environments. Screws attaching connectors must be stainless steel and protected by zin washers. Page 999 of 1161 FSW20900 — Tender Specification Text Emb-PRiars Training Purpose Info Sign&Training Support The product must serve as a training tool for a The product must feature an information sign with broad range of push up exercises, as such it must a related exercise and QR code,When scanned the feature three push up bars at three different OR code must an animated illustration of the heights of respectively 133,58 and 38 cm. exercise and must offer the possibility of downloading an app that will provide a large Material Characteristics amount of additional exercises and training To ensure integrity and durability and to be programs. optimally suited for severe use, the weather elements and unwanted abuse in the outdoors, Product&Manufacturing Standards the product must meet the following The manufacturing standard must complywith ISO requirements: 9001 and the product must be NF EN 16630(2015) Posts must be made of 0101.6 x 2 mm pre- and AST IVI F3101 certified. galvanized carbon steel and powder coated. Tops must be sealed with PA6 (Polyamide) ca ps. Bars intended for use in exercises must be made of hot-dip galvanized steel 038 x 2 mm. Lead content for all steel parts must be below Spm for surfaces, and below 100pprn for base material. Connectors must be made of die-cast aluminum specially alloyed for outdoor environments. Screws attaching connectors must be stainless steel and protected by zin washers. Page 1000 of 1161 FAZ30200 - Tender Specification Text to 40 CM Training Purpose The product must be a step with a 40 cm height accommodating safe step up training and plyometric jumps and us such must have rounded corners. Material Characteristics To ensure integrity and durability and to be optimally suited for severe use, the weather elements and unwanted abuse in the outdoors, the product must meet the following requirements: - Support frame must be 048.3 x 4 mm, manufactured from carbon steel, with a hot- dip galvanized surface according to IS01461, and a powder coating corrosion class 04 according to ISO12944-2. Lead content for surfaces must be below 90ppm, and below 100ppm for base material. - Surface must be produced of recycled SBR (Styrene Butadiene Monomer, Synthetic Rubber) UV stabilized to a maximum without use of heavy metal stabilities,for optimal grip during jumping and step on step off exercises under all weather circumstances. - A 5 mm hot-dip galvanized carbon steel plate must be moulded inside the SBR to offer optimal stability and optimize the mounting of the step to the frame, Product&Manufacturing Standards The manufacturing standard must complywith ISO 9001 and the product must be NF EN 16630(2015) and ASTM F3101 certified. Page 1001 of 1161 Go gle Maps Oceanfront Park Beach lsi KOMPAN I Matched Funding Grant Program-Information,T and Conditions I Matched Funding Grant Program-Info... Page I of 3 About KOMPAN Vkompan) In the Nam Vnew4 Carom Vearem-global-mona) Catalogs Vcakdog* Contact Voonhzd4ornpon) Spam Parb Mp.//wzqmrts.kampancomv@n-W Q (tswrh) W y=) Home MATCHED FUNDING GRANT PROGRAM - INFORMATION, TERMS AND CONDITIONS General Overview of Matched Funding Grand Program As part of our commitment to bringing Ploy to local communities,KOMPAN Inc.is offering up to five recipients the opportunity to be awarded a grant for qualifying projects consisting of 100%matched funding,subject to the terms and conditions below.The selected recipients will be granted 100% matched funding for their KOMPAN Inc.playground or filness;project and qualifying KOMPAN Inc.services,up to a maximum value of$50,000,Value Is based on list price. Qualifying equipment is all standard KOMPAN Inc.playground and fitness equipment—custom equipment is not eligible for matched funding grants. Qualifying KOMPAN Inc.services Include surfacing and Installation. How to pwflc4x" To apply for the Matched Funding Grant,you will need to fill out the Matched Funding Grant application form located on our website hem Oats- p1by-graffl.You must also meet all entry and eligibility requirements and describe your ideal playground or fitness project In 200 words or Less. Grantees will be notified by phone In June 2018. B"WW BONNY ReWkwnerft Each project must be able to commit to 100%KOMPAN Inc.equipment and services Including Kompon surfacing and Installation. Qualifying services do not include any future repairs. The participant has budget for the entire project secured or will have it secured by May 31,201 B. Each project has a minimum value of at least$30,000. Completed Matched Funding Grant application must be received by KOMPAN Inc. via submission though the website link listed above by 5;00 p.m.Pacific Time on May 31,2018, The participant must be ready for equipment Installation to begin between June 1,2018 and December 31,2018. Ready for equipment Installation includes but is not limited to the fallowing:Customer is responsible to do all site work prior to Installation.I Please do not Install any surfacing rriaterlads prior to the equipment dig and Installation process.I The site should be as level as possible and MUST have no more than a I"finch)in 10'(feet)slope or change in elevation over the full length and width at the playground area.j NO overhead 03'6'or lower)or underground Within 3'6'of surface)obstacles.J Customer is responsible for removal of any existing equipment obstacles prior to installation.I Additional Installation expenses may apply if hard rock/ledge is discovered at time of Installation.Additional installation charges will quality for the 100%matched funding grant subject to the$50,000 maximum grant limit. All applications that mew the criteria will be evaluated 50%on the 200-word description of their dream playground or fitness project and 50%on their suitability for funding from a site visit which must be conducted before June 8,2018. Additional terms,conditions,and eligibility requirements apply and are so forth below. Dmulpfim of DMM Maywomd The 200-word description of your dream playground or fitness project Is part of your application on the website here Vhds-ploy-groM and will be reviewed across 5 categories,with ten points possible In each category. CrecdMty(20%);Imagination and original Ideas within the description of your dream playground or fitness project. Community Spirit(20%):Sense of communly Identity and spirit created by the playground or fitness project. Play Value IN%):Haw will the playground or fitness area support child or personal development as well as being fun? Inclusive play(20%):Haw will the playground or fitness project accommodate multiple ages and abliffles? EnAronment J20%1:Descriptions of the surrounding environment and how the playground or fitness site will complement this area. 51118 V1110 Following the successful submission of your application via the website page and verification ofellgiblifty,we will arrange a site visit Isubject to avalablifty)which will involve evaluation of several calegofts and must take place prior to June 8,2018.In the unlikely circumstance that a site Vs-0 is not possible in the given timeframe,KOMPAN Inc.reserves the right to request additional site-specific information from the applicant that addresses the colegorles for site Visit consideration.The categories for consideration are: Impact of new playground or fitness equipment on the community and visitors. Quantity of people in ft community the playground serves. Location of the new playground or fitness park. Is the location central for the whole community of users.? Will N be accessible to people at all ablifilies? Are the site conditions suitable for playground or fitness equipment.? https://www.kompan.us/matched-funding-terms Pa 61 of 1161 KOMPAN I Matched Funding Grant Program-Information,Terms and Conditions(Matched Funding Grant Program-Info... Page 2 of 3 Does the new playground or fitness park project complement the goals and objectives of your organization? seiec"m P Applications will be marked 50%on the 200-word description of their dream playground orfitness project and 50%on their suitability for matched funding from a site visit.Please see Site Visit section above for further information. Genwall Temn and Condiftim NO PILIRCHASE NECESSARY TO APPLY FOR A MATCHED RJNDING GRAW. Vold where prohibited. Offer is only valid for proposed projects to be located within the 48 contiguous United States. All applicants must be at least eighteen 118)years old. Employees and contractors of Kornpon,Inc.or any of its affiliates and members of their immediate families are not eligible to apply. Matched Funding grant recipients will be selected from eligible entries at KOMPAN's sole discretion. Matched Funding grants cannot be transferred or exchanged and there is no cash alternative.This offer cannot be combined with other discounts or special offers. Apart from any Matched Funding grant awarded under this program,Kompon shall not be obligated to compensate applicants in any way. Grant recipients are solely responsible for any taxes,Including income and/or sales taxes associated with any Matched Funding grant. Permiltisklints By submitting an application,the participant grants KOMPAN Inc. the right to contact them regarding the Matched Funding grant program and other marketing activities. Applicants also assign all rights,including copyrights,to their applications materials to Kompon,Inc. Kompan shall have the sole right to use,after,and/or publish submitted application material and/or Information supplied by an applicant. If an applicant is selected for a Matched Funding grant,he or she further agrees{individually and/or on behalf of any indWidual(sL entities,or organizations he or she represents)that Kompon may publish the namelsi,likeness(es),and/or description(s)of the applicarills)and/or the proposed or final project conditions. Apart from any Matched Funding grant awarded,Kompon,Inc.shall not be obligated to compensate any applicant or grant recipient in any way for the use of Information or publicity. WKkatirdficallillon and Hold Hwintlew All applicants(Individually and/or on behalf of any Individual(s),entities,or organizations he or she represents)agree to indemnify,defend,and hold harmless KOMPAN Inc.from any third-party claims arising from or related to the applicants participation in the Matched Funding grant program. In no event shall KOMPAN be liable to an applicant or grant recipient for acts or omissions arising out of or related to the Matched Funding grant program or the applicant's participation In the program. For any questions about the Matched Funding Grant Program,contact us of 1-800-426-9788 Matched Funding Grant Program hosted by.KOMPAN Inc,821 Grand Parkway,Pflugerville,TX 78660,Phone:1-800-426-9786,Email: und"Itorriiiiim.com(milio_isedwOkarnpan.com) CXJR TEAM 5 READY TO HELP YOU our team of experts would be happy to help you with your project- ASK THE B(PLUS (/find-your-local-consultant) hnps://www.kompan.us/matched-funding-tenns P agg6)Ar1,1 of 1161 M-1 7.E. BIDS AND PURCHASES OVER$100,000 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the Bid for "ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIES" Bid No. 037-1412-18/MFD to the following three (3) companies: Core and Main, Ferguson Enterprises and Fortiline on a primary, secondary and third basis, to the lowest, most responsive, responsible bidders who met all specifications with an estimated annual expenditure of$210,000. EXPLANATION OF REQUEST: Bid Term: October 3, 2018 - October 2, 2019, with option for two (2), one (1) year renewals. On September 12, 2018 Procurement Services opened and tabulated three (3) bids for Pipe Fittings and Accessories. All bids were reviewed by the Manager of Materials and Distribution. It was determined to recommend this award by a primary, secondary and third vendor. The award is based on the number of awarded items each vendor accumulated. Fortiline Item(s) 121 out of 220 Ferguson Item(s) 76 out of 220 Core and Main Item(s) 24 out of 220 In addition, the following vendors included a discount for items not listed on the bid. Fortiline 10% Ferguson 15% Core and Main Cost plus 12% Recommendation Fortiline as the primary vendor Ferguson as the secondary vendor Core and Main as the third vendor The bid will be for the period of October 3, 2018 to October 2, 2019 and will allow for two (2) additional one (1) year extensions at the same terms and conditions subject to vendor acceptance, satisfactory performance and determination that the renewal is in the best interest of the City. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure a source of supply for the purchase of pipe fittings and accessories. All orders are on an "AS NEEDED" basis. FISCAL IMPACT: Budgeted Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of$210,000. FY 15/16 expenditures were $150,784.07 FY 16/17 expenditures were $149,994.44 FY 17/18 expenditures to date are $204,193.42 Page 1005 of 1161 ALTERNATIVES: To obtain quotes on an "AS NEEDED" basis which would not be cost effective. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Award Letter D Addendum Tabulation Sheet Page 1006 of 1161 The City of Boynton Beach ' Finance Department - WAREHOUSE DIVISION TO: Tim Howard, Assistant City Manager Administrative Services FROM: Michael Dauta, Manager of Materials and Distribution DATE: September 18, 2018 SUBJECT: Pipe Bid # 037-1412-18/MFD I reviewed the tabulation sheet sent from your office. My recommendation is an award based on Primary, Secondary and Third Vendors. The Primary vendor was low on 121 out of 220 items. The Secondary vendor was low on 76 out of 220 items. The Third vendor was low on 24 out of 220 items. Items #2 and 3 had two low vendors and item #200 had no bids. The Secondary and Third vendors will be utilized when the Primary cannot deliver the product in a timely manner and/or if the vendors are lower in price on an item than the Primary. Last year's expenditures were $149,994.44. The previous year's expenditures were $150,784.07. This year's expenditures up to date are $204,193.42. The estimated annual expenditure will be $210,000. Page 1007 of 1161 Fortiline Primary Vendor Item(s) 121 out of 220 Ferguson Secondary Vendor Items 76 out of 220 Core and Main Third Vendor Item(s) 24 out of 220 In addition, the following vendors included a discount for all items not listed on the bid. Core and Main Cost Plus 12% Ferguson 15% Fortiline 10% Page 1008 of 1161 ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIESS BID DUE DATE:September 12,2018 BID DUE TIME:10AM BID#037-1412-18/MFD OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS Core&Main,LP RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL 1101 W.17th Street OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION,IF ANY Riviera Beach,FL.33404 ARE HEREBY REJECTED AS LATE." Phone(561)848-4396/Fax(561)845-7267 Contact:Susan Reed Email:susan.reed@coreandmain.com ITEM# DESCRIPTION COMMODITY# VENDOR PART NUMBER UNIT PRICE MIN QTY 1 3/4"Poly Tubing 658-082-00001 PEP07541010009 $22.94 2 1"POLY TUBING 658-082-00002 PEP10041010009 $37.50 3 11/2"POLY TUBING 658-082-00003 PEP15041010009 $80.67 4 2"COMBINATION AIR VALVE ABI D020+C90 670-066-00001 D-020F02 $2,535.83 5 4"CLAY X 4"CLAY FERNCO ADAPTORS 670-068-00001 1001-44 4.17 s 4"CLAY X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00002 1003-44 $4.17 7 4"CLAY X 4"PVC FERNCO ADAPTORS 670-068-00003 1002-44 $3.86 81 4"PVC X 4"PVC FERNCO ADAPTORS 670-068-00004 1056-44 $3.86 g 6"CLAY X 6"CLAY FERNCO ADAPTORS 670-068-00005 1001-66 $8.91 10 6"CLAY X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00006 1003-64 $28.03 11 6"CLAY X 4"PVC FERNCO ADAPTORS 670-068-00007 1002-64 $9.69 12 6"CLAY X 6"PVC FERNCO ADAPTORS 670-068-00008 1002-66 $8.24 13 6"CLAY X 6"DIP/C-900 FERNCO ADAPTORS 670-068-00009 1003-66 $8.47 14 6"PVC X 6"PVC FERNCO ADAPTORS 670-068-00010 1056-66 $8.24 15 8"CLAY X 8"CLAY FERNCO ADAPTORS 670-068-00011 1001-88 $13.70 is 8"PVC X 8"PVC FERNCO ADAPTORS 670-068-00012 1056-88 $12.69 17 8"CLAY X 8"DIP/C-900 FERNCO ADAPTOR 670-068-00013 1003-88 $13.70 1e 6"DIP/C-900 X 6"DIP/C-900 FERNCO ADAPTORS 670-068-00014 1055-66 $9.36 19 4"DIP/C-900 X 4"PVC FERNCO ADAPTORS 670-068-00015 1051-44 $4.17 20 4"DIP/C-900 X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00017 1055-44 $4.17 21 8"DIP/C-900 X 8"PVC FERNCO ADAPTORS 670-068-00019 1051-88 $13.70 22 10"CALY X 10"CLAY FERNCO ADAPTORS 670-068-00021 1001-1010 $19.04 23 6"DIP/C-900 X 6"PVC FERNCO ADAPTORS 670-068-00022 1051-66 $8.91 24 8"DIP/C-900 X 8"DIP/C-900 FERNCO ADAPTORS 670-068-00028 1055-88 $14.39 25 6"DIP/C-900 X 4"DIP/C-900 FERNCO ADAPTERS 670-068-00029 1055-64 $10.17 26 4"BOLT AND GASKET SET 670-064-00024 FK-4-3-N-DM $101.98 27 6"BOLT AND GASKET SET 670-064-00025 FK-6-3-N-DM $148.80 29 8"BOLT AND GASKET SET 670-064-00026 FK-8-3-N-DM $150.54 29 10"BOLT AND GASKET SET 670-064-00027 FK-10-3-N-DM $375.69 30 12"BOLT AND GASKET SET 670-064-00028 FK-12-3-N-DM $378.79 31 14"BOLT AND GASKET SET 670-064-00029 FK-14-3-N-DM $420.26 32 16"BOLT AND GASKET SET 670-064-00030 FK-16-3-N-DM $463.94 33 18"BOLT AND GASKET SET 670-064-00031 FK-18-3-N-DM $668.87 34 20"BOLT AND GASKET SET 670-064-00032 FK-20-3-N-DM $837.18 35 24"BOLT AND GASKET SET 670-064-00033 FK-24-3-N-DM $1,068.79 36 4"KENNEDY CHECK VALVES VMTH LEVER 700-057-00051 1106LW $974.73 37 6"KENNEDY CHECK VALVES VMTH LEVER 700-057-00065 1106LW $1,311.18 3e 8"KENNEDY CHECK VALVES VMTH LEVER 700-057-00052 1106LW $1,987.10 39 36"BURY FIRE HYDRANT/ HYDRANT MUST BE RED 700-057-00084 $2,444.44 40 42"BURY FIRE HYDRANT/HYDRANT MUST BE RED 700-057-00119 $2,500.00 41 54"BURY FIRE HYDRANT/HYDRANT MUST BE RED 700-057-00123 $2,611.11 42 4"MEGA LUGS 700-057-00067 1104DEC $28.26 43 6"MEGA LUGS 700-057-00068 1106DEC $35.15 44 8"MEGA LUGS 700-057-00099 1108DEC $47.70 45 10"MEGA LUGS 700-057-00069 1110DEC $68.16 46 12"MEGA LUGS 700-057-00104 1112DEC $91.37 47 16"MEGA LUGS 700-057-00105 1116DEC $156.12 48 20"MEGA LUGS 700-057-00106 1120DEC $256.20 49 24"MEGA LUGS 700-057-00107 1124DEC $353.70 50 4"MJ GASKETS 700-057-00110 670610053972 $4.82 51 6"MJ GASKETS 700-057-00111 670610053989 $4.82 52 8"MJ GASKETS 700-057-00112 67061053996 $5.51 53 10"MJ GASKETS 700-057-00113 670610054009 $7.58 54 12"MJ GASKETS 700-057-00114 670610054016 $8.96 55 14"MJ GASKETS 700-057-00115 670610054023 $15.16 56 16"MJ GASKETS 700-057-00109 670610054030 $15.16 57 18"MJ GASKETS 700-057-00116 670610054047 $17.22 5e 20"MJ GASKETS 700-057-00117 670610054054 $18.60 59 24"MJ GASKETS 700-057-00118 670610054061 $23.42 so 4"MJ 90 DUCTILE IRON ELBOW 700-057-00012 670610397243 $76.83 Page 1009 of 1161 Core&Main,LP 1101 W.17th Street Riviera Beach,FL.33404 Phone(561)848-4396/Fax(561)845-7267 Contact:Susan Reed Email:susan.reed@coreandmain.com ;hri�tts#:. r2lprilil 1 Mc51iYv'# U t�f�bFYpARft i'a "UNfJ'0A&E `' 14T�p„�' 61 6"MJ 90 DUCTILE IRON ELBOW 700-057-00010 670610395331 $127.37 62 8"MJ 90 DUCTILE IRON ELBOW 700-057-00014 670610397267 $182.63 63 10"MJ 90 DUCTILE IRON ELBOW 700-057-00013 670610397281 $304.61 gq 16"MJ 90 DUCTILE IRON ELBOW 700-057-00036 670610035640 $990.65 65 4 X 4 X 4 MJ DUCTILE IRON TEE 700-057-00002 670610395577 $104.46 661 6 X 6 X 6 MJ DUCTILE IRON TEE 700-057-00006 670610396987 $181.28 67 6 X 6 X 4 MJ DUCTILE IRON TEE 700-057-00003 670610395591 $158.37 se 4 X 4 X 6 MJ DUCTILE IRON TEE 700-057-00077 670610284314 $457.16 69 4 X 4 X 4 FLANGED DUCTILE IRON WYE 700-057-00008 670610348788 $346.39 70 WATER HIGH RANGE APC MARKERS 670-080-00005 $15.02 71 SEWER HIGH RANGE APC MARKERS 670-080-00006 $15.02 72 3"MJ GLAND KIT WITH ACCESSORIES 670-064-00011 670610085157 $13.78 73 4"MJ GLAND KIT WITH ACCESSORIES 670-064-00012 670610085164 $16.53 74 6"MJ GLAND KIT WITH ACCESSORIES 670-064-00013 670610085171 $19.98 75 8"MJ GLAND KIT WITH ACCESSORIES 670-064-00014 670610085188 $23.42 76 10"MJ GLAND KIT WITH ACCESSORIES 670-064-00015 670610085195 $32.02 77 12"MJ GLAND KIT WITH ACCESSORIES 670-064-00016 670610085201 $34.07 78 16"MJ GLAND KIT WITH ACCESSORIES 670-064-00023 670610085225 $59.27 79 4"MJ ACCESSORIES KIT LESS GLAND 670-064-00018 MK-4-DM $21.08 eo 6"MJ ACCESSORIES KIT LESS GLAND 670-064-00019 MK-6-DM $25.76 81 8"MJ ACCESSORIES KIT LESS GLAND 670-064-00020 MK-8-DM $28.10 82 10"MJ ACCESSORIES KIT LESS GLAND 670-064-00021 MK-10-DM $37.05 e3 12"MJ ACCESSORIES KIT LESS GLAND 670-064-00022 MK-12-DM $39.37 gq 4"ECON PLASTIC WING NUT TEST PLUGS 670-087-00001 $20.69 e5 6"ECON PLASTIC WING NUT TEST PLUGS 670-087-00002 $25.29 es 2"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00001 F1-263-75 $37.37 87 2"X 10"FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00002 F1-263-10 $46.74 ee 2"X 15 FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00003 F1-263-15 $66.66 89 2 1/2"X 7"FULL CIRCLE CLAMP/RANGE 2.30-3.13 670-089-00004 F1-313-75 $37.52 90 2 1/2"X 15 FULL CIRCLE CLAMP/RANGE 2.70-3.13 670-089-00005 F1-313-15 $66.20 91 3"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.97-3.25 670-089-00006 F1-325-75 $41.72 92 3"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.46-3.70 670-089-00007 F1-370-75 $41.72 93 3"X 15 FULL CIRCLE CLAMP/RANGE 2.73-4.00 670-089-00008 F1-400-15 $77.73 94 3"X 15 FULL CIRCLE CLAMP/RANGE 2.97-3.25 670-089-00009 F1-325-15 $70.04 95 3"X 15 FULL CIRCLE CLAMP/RANGE 3.46-3.70 670-089-00010 F1-370-15 $70.04 96 3"X 15 FULL CIRCLE CLAMP/RANGE 3.96-4.25 670-089-00011 F1-425-15 $73.53 97 3"X 15 FULL CIRCLE CLAMP/RANGE 3.73-4.00 670-089-00012 F1-400-15 $77.73 98 4"X 7 1/2"FULL CIRCLE CLAMP/RANGE 4.74-5.14 670-089-00015 F1-514-75 $44.66 99 4"X 7 1/2"FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00016 F1-535-75 $44.66 loo 4"X 15 FULL CIRCLE CLAMP/RANGE 4.45-4.73 670-089-00017 F1-473-15 $73.53 101 4.25'X 15 FULL CIRCLE CLAMP/RANGE 3.90-4.25 700-057-00071 F1-425-15 $73.53 102 4"X 15 FULL CIRCLE CLAMP/RANGE 4.75-5.14 670-089-00018 F1-514-15 $77.75 103 4"X 15 FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00019 F1-535-15 $77.75 104 6"X 7 1/2"FULL CIRCLE CLAMP/RANGE 6.84-7.64 670-089-00020 F2-764-75 $80.58 los 6"X 10"FULL CIRCLE CLAMP/RANGE 6.84-7.24 670-089-00021 F1-724-10 $69.50 los 6"X 10"FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00022 F1-785-10 $69.50 107 6"X 12 1/2"FULL CIRCLE CLAMP/RANGE 7.64 670-089-00023 F2-764-125 $126.29 toe 6"X 15 FULL CIRCLE CLAMP/RANGE 6.56-6.96 670-089-00024 F1-696-15 $88.32 109 6"X 15 FULL CIRCLE CLAMP/RANGE 6.60-7.00 670-089-00025 F1-696-15 $88.32 110 6"X 15 FULL CIRCLE CLAMP/RANGE 6.84-7.24 670-089-00026 F1-724-15 $95.07 ill 6"X 15 FULL CIRCLE CLAMP/RANGE 6.84-7.64 670-089-00027 F2-764-15 $161.76 112 6"X 15 FULL CIRCLE CLAMP/RANGE 7.05-7.45 670-089-00028 F1-745-15 $95.07 113 4"X 15 FULL CIRCLE CLAMP/RANGE 4.74-5.14 700-057-00070 F1-514-15 $77.75 114 6"X 15 FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00029 F1-785-15 $95.07 115 6"X 30"FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00030 F1-785-30 $205.07 116 8"X 7 12"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00031 F1-939-75 $60.05 117 30"X 15 FULL CIRCLE CLAMP 670-089-00032 0-F3-30 X 15 $740.51 118 8"X 10"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00033 F1-939-10 $79.54 119 8"X 10"FULL CIRCLE CLAMP/RANGE 8.99-9.79 670-089-00034 F1-979-10 $112.41 120 8"X 10"FULL CIRCLE CLAMP/RANGE 9.27-9.67 670-089-00035 F1-967-10 $82.61 121 8"X 12 1/2"FULL CIRCLE CLAMP/RANGE 9.70-10.10 670-089-00036 F1-1010-125 $98.46 122 8"X 15 FULL CIRCLE CLAMP/RANGE 8.99-9.79 670-089-00037 F2-979-15 $167.87 123 8"X 15 FULL CIRCLE CLAMP/RANGE 9.27-9.26 670-089-00054 F1-967-15 $112.63 124 10"X 7 1/2"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00055 F1-1144-75 $78.55 125 10"X 10"FULL CIRCLE CLAMP/RANGE 11.10-11.90 670-089-00056 F2-1184-10 $135.65 Page 1010 of 1161 Core&Main,LP 1101 W.17th Street Riviera Beach,FL.33404 Phone(561)848-4396/Fax(561)845-7267 Contact:Susan Reed Email:susan.reed@coreandmain.com tT�M CSES E#!F}TIfSN f5MMC5L71TY` t1O 51 pAt3f NUi41�ER UNIT 00i 126 10"X 12 1/2"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00057 F1-1144-125 $123.35 127 10"X 12 1/2"FULL CIRCLE CLAMP/RANGE 11.75-12.15 670-089-00058 F1-1215-125 $123.35 128 10"X 15"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00038 F1-1144-15 $141.97 129 10"X 15"FULL CIRCLE CLAMP/RANGE 11.10-11.90 670-089-00039 F2-1184-15 $178.20 130 10"X 15"FULL CIRCLE CLAMP/RANGE 11.34-11.74 670-089-00040 F1-1174-15 $120.67 131 10"X 15"FULL CIRCLE CLAMP/RANGE 11.75-12.15 670-089-00041 F1-1215-15 $120.67 132 18"X 15"FULL CIRCLE CLAMP/RANGE 19.23-19.98 670-089-00042 F2-1998-15 $282.49 133 10"X 10"FULL CIRCLE CLAMP/RANGE 11.34-11.74 670-089-00043 F1-1174-10 $90.54 134 12"X 15"FULL CIRCLE CLAMP/RANGE 13.10-13.50 670-089-00044 F1-1350-15 $137.27 135 12"X 15"FULL CIRCLE CLAMP/RANGE 12.62-13.02 670-089-00045 F1-1302-15 $137.27 136 12"X 20"FULL CIRCLE CLAMP/13.10-13.50 670-089-00046 F1-1350-20 $191.36 137 16"X 30"FULL CIRCLE CLAMP/RANGE 17.15-17.90 670-089-00069 F2-1790-30 $548.96 138 20"X 30"FULL CIRCLE CLAMP/RANGE 21.52-22.27 670-089-00070 F2-2227-30 $612.83 139 16"X 15"FULL CIRCLE CLAMP/RANGE 17.65 670-089-00047 F2-1790-15 $268.02 140 10"X 10"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00048 F1-1144-10 $90.54 141 20"X 15"FULL CIRCLE CLAMP/RANGE 21.52-22.27 670-089-00049 F2-2227-15 $299.24 142 22"X 15"FULL CIRCLE CLAMP/RANGE 22.72-22.87 670-089-00050 F2-2287-15 $303.95 143 24"X 24"FULL CIRCLE CLAMP/RANGE 25.70-26.90 670-089-00051 F3-2680-25 $1,032.09 144 30"X 30"FULL CIRCLE CLAMP/RANGE 31.14-32.34 670-089-00052 F3-3242-30 $1,229.36 145 42"X 30"FULL CIRCLE CLAMP/RANGE 43.90-45.10 670-089-00053 F5-4450-30 $2,058.64 146 8"X 24"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00067 F1-939-25 $224.51 147 10"X 24"FULL CIRCLE CLAMP/RANGE 11.04-11.94 670-089-00068 F2-1184-25 $350.46 148 36"X15"FULL CIRCLE CLAMP VMTH 11/2"IP TAP 670-089-00078 FS343-3700-1 P6 $1,429.53 149 3"X 10"FU LLCI RCLE CLAMP/RANGE 3.46-3.70 670-089-00079 F1-370-10 $56.66 150 4"X 10"FULL CIRCLE CLAMP/RANGE 4.74-5.14 670-089-00080 F1-514-10 $64.94 151 4"X 10"FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00081 F1-535-10 $64.94 152 6"X 4"MJ DUCTILE IRON MJ REDUCERS 700-057-00033 670610395720 $72.11 153 8"X 4"MJ DUCTILE IRON MJ REDUCERS 700-057-00032 670610047773 $109.17 154 8"X 4"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00030 670610132271 $269.57 155 6"X 4"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00031 670610132974 $196.11 156 10"X 6"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00034 670610132875 $465.67 157 8"X 6"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00100 670610132318 $310.00 158 4"X 4"X 4"FLANGED DUCTILE IRON TEE 700-057-00004 670610398974 $221.04 159 6"X 6"X 6"FLANGED DUCTILE IRON TEE 700-057-00101 670610398950 $336.96 160 8"X 8"X 8"MJ DUCTILE IRON TEE 700-057-00005 670610397359 $266.87 161 16"X 16"X 16"MJ DUCTILE IRON TEE 700-057-00054 670610397953 $1,449.59 162 10"X 10"X 8"FLANGED DUCTILE IRON WYE 700-057-00007 670610348757 $1,515.63 163 6"X 6"X 6"MJ DUCTILE IRON WYE 700-057-00009 670610397465 $239.24 164 4"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00011 670610398967 $152.30 165 8"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00017 670610399001 $414.46 166 6"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00075 670610398998 $229.13 167 6"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00015 670610396918 $142.20 16e 4"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00016 670610395492 $84.91 169 10"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00018 670610398325 $385.48 170 4"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00019 670610348405 $136.13 171 8"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00020 670610348276 $333.59 172 6"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00021 670610131236 $200.15 173 6"MJ DUCTILE IRON 45 ELBOWS 700-057-00022 670610397564 $103.11 174 4"MJ DUCTILE IRON 45 ELBOWS 700-057-00023 670610397472 $66.04 175 10"MJ DUCTILE IRON 45 ELBOWS 700-057-00024 670610397618 $212.28 176 8"MJ DUCTILE IRON 45 ELBOWS 700-057-00025 670610397274 $145.57 177 6"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00026 670610348443 $264.85 178 6"MJ DUCTILE IRON 22.5 ELBOWS 700-057-00027 670610395362 $93.00 179 4"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00061 670610348436 $181.96 180 8"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00098 670610348306 $400.98 181 10"MJ DUCTILE IRON 11.5 ELBOWS 700-057-00028 670610397328 $202.85 182 4"MJ GATE VALVE VMTH OPERATING NUT(NO WHEEL) 700-057-00045 F6100 $336.06 183 6"MJ GATE VALVE VMTH OPERATING NUT(NO WHEEL) 700-057-00046 F6100 $428.84 184 8"MJ GATE VALVE VMTH OPERATING NUT(NO WHEEL) 700-057-00049 F6100 $683.04 185 10"MJ GATE VALVE VMTH OPERATING NUT(NO WHEEL) 700-057-00050 F6100 $1,065.06 186 6"MJ DUCTILE IRON 11.5 ELBOWS 700-057-00029 670610395386 $93.00 187 6"MJ DUCTILE IRON COUPLINGS 700-057-00035 NO BID NO BID 188 4"MJ X FLANGED DUCTILE IRON ADAPTER 700-057-00038 670610395515 $73.46 12929 10"MJ DUCTILE IRON SLEEVES 700-057-00039 670610397656 $208.91 1290 8"MJ DUCTILE IRON SLEEVES 1 700-057-00040 670610397014 $145.57 Page 1011 of 1161 Core&Main,LP 1101 W.17th Street Riviera Beach,FL.33404 Phone(561)848-4396/Fax(561)845-7267 Contact:Susan Reed Email:susan.reed coreandmain.com ITEM :: `© 5Cu111T'Iz 'G„GYfMItVf4Cti1TY 9 Ohl© F1`Pp:I#'T 1S1kJt4186{ "UNIT 1t5 'T5'' 191 6"MJ DUCTILE IRON SLEEVES 700-057-00041 670610395690 $109.85 192 4"FLANGED DUCTILE IRON SLEEVES 700-057-00042 670610395683 $72.78 193 4"MJ DUCTILE IRON SLEEVES 700-057-00043 670610395683 $72.78 194 16"MJ DUCTILE IRON SLEEVES 700-057-00108 670610398929 $674.59 195 4"DUCTILE IRON SPOOL PIECE 12"IN HEIGHT 700-057-00044 $218.60 egg 4"FLANGED GATE VALVES VMTH WHEEL 700-057-00047 F6102 $329.68 197 6"FLANGED GATE VALVES VMTH WHEEL 700-057-00048 F6102 $440.53 egg FLOATS VMTH 60 FOOT CORDS 700-057-00055 S60NONC $46.70 egg FLOATS VMTH 80 FOOT CORDS 700-057-00087 S80NONC $56.93 200 16"DUCTILE IRON FLANGED FILLER 700-057-00059 NO BID NO BID 201 6"DUCTILE IRON MJ CROSS TEE 700-057-00080 670610398455 $267.54 202 8"X6"DUCTILE IRON MJ REDUCER 700-057-00140 670610397601 $117.93 203 6"DUCTILE IRON MJ SOLID CAP 700-057-00124 670610398707 $50.54 204 6"X 2"DUCTILE IRON MJ TAP CAP 700-057-00126 670610398745 $74.13 205 6"22 DEGREE ELBOWS/BELL TO BELL 658-088-00002 18-2406 $75.42 206 8"22 DEGREE ELBOWS/BELL TO BELL 658-088-00003 18-2408 $143.63 207 4"45 DEGREE ELBOWS/BELL TO BELL 658-088-00004 18-2204 $43.47 208 6"45 DEGREE ELBOWS/BELL TO BELL 658-088-00005 18-2206 $75.42 209 4"X 4"X 4"WYES/BELL TO BELL TO BELL 658-088-00007 18-010404 $59.89 210 6"X 6"X 6"WYES/BELL TO BELL TO BELL 658-088-00008 18-010606 $133.97 211 8"X 8"X 6"WYES l BELL TO BELL TO BELL 658-088-00009 18-010806 $198.99 212 4"90 DEGREE ELBOWS/BELL TO BELL 658-088-00010 18-1804 $43.47 213 4"22.5 DEGREE ELBOWS/BELL TO BELL 658-088-00011 18-2404 $45.20 214 6"90 DEGREE ELBOWS/BELL TO BELL 658-088-00013 18-1806 $77.43 215 4"CLEANOUT ADAPTER 658-088-00015 18-5904 $6.54 216 4"CLEANOUT CAP 658-088-00016 35-6104 $2.14 217 6"CLEANOUT ADAPTER 658-088-00017 18-5906 $21.17 218 6"CLEANOUT CAP 658-088-00018 35-6106 $8.57 219PIPE LUBE 658-034-00001 $10.59 220 4"X 2"DUCTILE IRON MJ TAP CAP 1 700-057-00150 1 670610398738 $58.63 Page 1012 of 1161 Core&Main,LP 1101 W.17th Street Riviera Beach,FL.33404 Phone(561)848-4396/Fax(561)845-7267 Contact:Susan Reed Email:susan.reed coreandmain.com SPECIFICATIONS FOR PURCHASE OF PIPE SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID COST PLUS 12% LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS ADDENDUM NA COMMENTS Submitted stipulation to allow increase of price upon a 30 day notice Page 1013 of 1161 ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIESS BID DUE DATE:September 12,2018 BID DUE TIME:10AM BID#037-1412-18/M FD OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS Ferguson Enterprises RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL 3697 Interstate Pk Rd So OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION,IF ANY Riviera Beach,FL.33404 ARE HEREBY REJECTED AS LATE." Phone(561)844-3222/Fax(561)848-7001 Contact:Drew Petonik Email:drew.petonik@ferguson.com ITEM# DESCRIPTION COMMODITY# VENDOR PART NUMBER UNIT PRICE MIN QTY 1 3/4"Poly Tubing 658-082-00001 PEC9BF100 $22.50 1 z 1"POLY TUBING 658-082-00002 PEC913G100 $36.00 1 3 1 1/2"POLY TUBING 658-082-00003 PEC9BJ100 $77.00 1 4 2"COMBINATION AIR VALVE ABI D020+C90 670-066-00001 AD020 $2,390.00 1 5 4"CLAY X 4"CLAY FERNCO ADAPTORS 670-068-00001 F100144 $3.97 6 4"CLAY X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00002 F100344 $3.97 7 4"CLAY X 4"PVC FERNCO ADAPTORS 670-068-00003 F100244 $3.67 81 4"PVC X 4"PVC FERNCO ADAPTORS 670-068-00004 F105644 $3.67 1 9 6"CLAY X 6"CLAY FERNCO ADAPTORS 670-068-00005 F100166 $8.50 1 10 6"CLAY X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00006 F100364 $8.50 1 11 6"CLAY X 4"PVC FERNCO ADAPTORS 670-068-00007 F100264 $9.20 1 2 6"CLAY X 6"PVC FERNCO ADAPTORS 670-068-00008 F100266 $7.90 1 13 6"CLAY X 6"DIP/C-900 FERNCO ADAPTORS 670-068-00009 F100366 $8.07 1 14 6"PVC X 6"PVC FERNCO ADAPTORS 670-068-00010 F105666 $7.88 1 15 8"CLAY X 8"CLAY FERNCO ADAPTORS 670-068-00011 F100188 $13.08 1 16 8"PVC X 8"PVC FERNCO ADAPTORS 670-068-00012 F105688 $12.10 1 17 8"CLAY X 8"DIP/C-900 FERNCO ADAPTOR 670-068-00013 F100388 $13.05 1 16 6"DIP/C-900 X 6"DIP/C-900 FERNCO ADAPTORS 670-068-00014 F105566 $8.90 16 4"DIP/C-900 X 4"PVC FERNCO ADAPTORS 670-068-00015 F105144 $3.97 20 4"DIP/C-900 X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00017 F105544 $3.97 21 8"DIP/C-900 X 8"PVC FERNCO ADAPTORS 670-068-00019 F105188 $13.60 1 zz 10"CALY X 10"CLAY FERNCO ADAPTORS 670-068-00021 F10011010 $19.00 1 23 6"DIP/C-900 X 6"PVC FERNCO ADAPTORS 670-068-00022 F105166 $8.50 1 24 8"DIP/C-900 X 8"DIP/C-900 FERNCO ADAPTORS 670-068-00028 F105588 $13.70 1 25 6"DIP/C-900 X 4"DIP/C-900 FERNCO ADAPTERS 670-068-00029 F105564 $9.70 1 26 4"BOLT AND GASKET SET 670-064-00024 SSFAPP $23.00 1 27 6"BOLT AND GASKET SET 670-064-00025 SSFAPU $40.00 1 28 8"BOLT AND GASKET SET 670-064-00026 SSFAPX $42.00 1 Zy 10"BOLT AND GASKET SET 670-064-00027 SSFAP10 $93.00 1 30 12"BOLT AND GASKET SET 670-064-00028 SSFAP12 $95.00 1 31 14"BOLT AND GASKET SET 670-064-00029 SSFAP14 $122.00 1 32 16"BOLT AND GASKET SET 670-064-00030 SSFAP16 $179.00 1 33 18"BOLT AND GASKET SET 670-064-00031 SSFAP18 $293.00 1 34 20"BOLT AND GASKET SET 670-064-00032 SSFAP20 $395.00 35 24"BOLT AND GASKET SET 670-064-00033 SSFAP24 $460.00 1 36 4"KENNEDY CHECK VALVES WITH LEVER 700-057-00051 K106LWP $1,120.00 1 37 6"KENNEDY CHECK VALVES WITH LEVER 700-057-00065 K106LWU $1,498.00 1 36 8"KENNEDY CHECK VALVES WITH LEVER 700-057-00052 K106LWX $2,270.00 1 39 36"BURY FIRE HYDRANT/ HYDRANT MUST BE RED 700-057-00084 SIGELOCKHYD3 $2,460.00 3 40 42"BURY FIRE HYDRANT/HYDRANT MUST BE RED 700-057-00119 SIGELOCKHYD36 $2,625.00 41 54"BURY FIRE HYDRANT/HYDRANT MUST BE RED 700-057-00123 SIGELOCKHYD54 $2,620.00 3 42 4"MEGA LUGS 700-057-00067 E110400 $16.80 43 6"MEGA LUGS 700-057-00068 E110600 $19.80 44 8"MEGA LUGS 700-057-00099 E110800 $30.20 451 10"MEGA LUGS 700-057-00069 E111000 $44.60 46 12"MEGA LUGS 700-057-00104 E111200 $64.90 47 16"MEGA LUGS 700-057-00105 E1116 $118.30 1 48 20"MEGA LUGS 700-057-00106 E1120 $207.70 1 49 24"MEGA LUGS 700-057-00107 E1124 $288.50 1 50 4"MJ GASKETS 700-057-00110 MJGAP $3.40 1 51 6"MJ GASKETS 700-057-00111 MJGAU $3.70 1 52 8"MJ GASKETS 700-057-00112 MJGAX $4.71 1 53 10"MJ GASKETS 700-057-00113 MJGA10 $5.73 1 54 12"MJ GASKETS 700-057-00114 MJGA12 $8.10 1 55 14"MJ GASKETS 700-057-00115 MJGA14 $13.50 1 56 16"MJ GASKETS 700-057-00109 MJGA16 $14.15 1 57 18"MJ GASKETS 700-057-00116 MJGA18 $16.15 1 56 20"MJ GASKETS 700-057-00117 MJGA20 $17.20 1 59 24"MJ GASKETS 700-057-00118 MJGA24 $20.56 1 60 4"MJ 90 DUCTILE IRON ELBOW 700-057-00012 DMJEL9LAP $75.00 1 Page 1014 of 1161 Ferguson Enterprises 3697 Interstate Pk Rd So Riviera Beach,FL.33404 Phone(561)844-3222/Fax(561)848-7001 Contact:Drew Petonik Email:drew. etonik fer uson.com TSM9# ,: OeS RIP QN CtlMMTSDITY VENDORBART ti 7l3BR UNIT 1111M MIN„ TI 61 6"MJ 90 DUCTILE IRON ELBOW 700-057-00010 DMJEL9LAU $124.00 1 62 8"MJ 90 DUCTILE IRON ELBOW 700-057-00014 DMJEL9LAX $177.00 1 63 10"MJ 90 DUCTILE IRON ELBOW 700-057-00013 DMJEL9LA10 $296.00 1 64 16"MJ 90 DUCTILE IRON ELBOW 700-057-00036 DMJEL9LA16 $963.00 1 65 4 X 4 X 4 MJ DUCTILE IRON TEE 700-057-00002 DMJELTLAP $102.00 1 66 6 X 6 X 6 MJ DUCTILE IRON TEE 700-057-00006 DMJELTLAU $176.00 1 67 6 X 6 X 4 MJ DUCTILE IRON TEE 700-057-00003 DMJELTLAUP $154.00 1 66 4 X 4 X 6 MJ DUCTILE IRON TEE 700-057-00077 NO BID NO BID 69 4 X 4 X 4 FLANGED DUCTILE IRON WYE 700-057-00008 DFYP $336.00 1 70 WATER HIGH RANGE APC MARKERS 670-080-00005 3MO5400737727 $13.70 1 71 SEWER HIGH RANGE APC MARKERS 670-080-00006 3MO5400737726 $13.70 1 72 3"MJ GLAND KIT WITH ACCESSORIES 670-064-00011 DMJAPM $13.00 1 73 4"MJ GLAND KIT WITH ACCESSORIES 670-064-00012 DMJAPP $16.00 1 74 6"MJ GLAND KIT WITH ACCESSORIES 670-064-00013 DMJAPU $19.00 1 75 8"MJ GLAND KIT WITH ACCESSORIES 670-064-00014 DMJAPX $22.00 1 76 10"MJ GLAND KIT WITH ACCESSORIES 670-064-00015 DMJAP10 $31.00 1 77 12"MJ GLAND KIT WITH ACCESSORIES 670-064-00016 DMJAP12 $33.00 1 78 16"MJ GLAND KIT WITH ACCESSORIES 670-064-00023 DMJAP16 $57.00 1 79 4"MJ ACCESSORIES KIT LESS GLAND 670-064-00018 DMJBG99 $11.00 1 eo 6"MJ ACCESSORIES KIT LESS GLAND 670-064-00019 DMJBGPU $16.00 1 61 8"MJ ACCESSORIES KIT LESS GLAND 670-064-00020 DMJBGPX $17.50 1 82 10"MJ ACCESSORIES KIT LESS GLAND 670-064-00021 DMJBGP10 $22.50 1 e3 12"MJ ACCESSORIES KIT LESS GLAND 670-064-00022 DMJBGP12 $25.00 1 84 4"ECON PLASTIC WING NUT TEST PLUGS 670-087-00001 LP0036 $11.00 1 e5 6"ECON PLASTIC WING NUT TEST PLUGS 670-087-00002 PWNTPU $12.00 1 e6 2"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00001 FF126375 $37.00 1 e7 2"X 10"FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00002 FF126310 $47.00 1 66 2"X 15'FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00003 FF126315 $66.00 1 89 2 1/2"X 7'FULL CIRCLE CLAMP/RANGE 2.30-3.13 670-089-00004 FF132575 $38.00 1 90 2 1/2"X 15'FULL CIRCLE CLAMP/RANGE 2.70-3.13 670-089-00005 FF131315 $67.00 1 91 3"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.97-3.25 670-089-00006 FF137075 $42.00 1 92 3"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.46-3.70 670-089-00007 FF137015 $71.00 1 93 3"X 15'FULL CIRCLE CLAMP/RANGE 2.73-4.00 670-089-00008 FF140015 $77.00 94 3"X 15'FULL CIRCLE CLAMP/RANGE 2.97-3.25 670-089-00009 FF132515 $70.00 1 95 3"X 15'FULL CIRCLE CLAMP/RANGE 3.46-3..70 670-089-00010 FF137015 $70.00 1 96 3"X 15'FULL CIRCLE CLAMP/RANGE 3.96-4.25 670-089-00011 FF142515 $73.00 1 97 3"X 15'FULL CIRCLE CLAMP/RANGE 3.73-4.00 670-089-00012 FF140015 $77.00 1 98 4"X 7 1/2"FULL CIRCLE CLAMP/RANGE 4.74-5.14 670-089-00015 FF151475 $45.00 1 99 4"X 7 1/2"FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00016 FF153575 $45.00 1 100 4"X 15'FULL CIRCLE CLAMP/RANGE 4.45-4.73 670-089-00017 FF147315 $73.00 1 1011 4.25'X 15'FULL CIRCLE CLAMP/RANGE 3.90-4.25 700-057-00071 FF142515 $73.00 1 102 4"X 15'FULL CIRCLE CLAMP/RANGE 4.75-5.14 670-089-00018 FF151415 $77.00 1 103 4"X 15'FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00019 FF153515 $77.00 1 104 6"X 7 1/2"FULL CIRCLE CLAMP/RANGE 6.84-7.64 670-089-00020 FF276475 $80.00 1 105 6"X 10"FULL CIRCLE CLAMP/RANGE 6.84-7.24 670-089-00021 FF172410 $69.00 1 106 6"X 10"FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00022 FF178510 $69.00 1 107 6"X 12 1/2"FULL CIRCLE CLAMP/RANGE 7.64 670-089-00023 FF2764125 $125.00 1 toe 6"X 15'FULL CIRCLE CLAMP/RANGE 6.56-6.96 670-089-00024 FF169615 $88.00 1 109 6"X 15'FULL CIRCLE CLAMP/RANGE 6.60-7.00 670-089-00025 NO BID NO BID 110 6"X 15'FULL CIRCLE CLAMP/RANGE 6.84-7.24 670-089-00026 FF172415 $94.00 1 6"X 15'FULL CIRCLE CLAMP/RANGE 6.84-7.64 670-089-00027 FF276415 $159.00 1 112 6"X 15'FULL CIRCLE CLAMP/RANGE 7.05-7.45 670-089-00028 FF174515 $94.00 1 113 4"X 15'FULL CIRCLE CLAMP/RANGE 4.74-5.14 700-057-00070 FF151415 $77.00 1 114 6"X 15'FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00029 FF178515 $94.00 1 116 6"X 30"FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00030 FF178530 $203.00 1 116 8"X 7 12"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00031 FF178530 $60.00 1 117 30"X 15'FULL CIRCLE CLAMP 670-089-00032 FF4389530 $660.00 1 116 8"X 10"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00033 FF193910 $79.00 1 119 8"X 10"FULL CIRCLE CLAMP/RANGE 8.99-9.79 670-089-00034 FF297910 $112.00 1 120 8"X 10"FULL CIRCLE CLAMP/RANGE 9.27-9.67 670-089-00035 FF196710 $82.00 1 121 8"X 12 1/2"FULL CIRCLE CLAMP/RANGE 9.70-10.10 670-089-00036 FF11010125 $98.00 1 122 8"X 15'FULL CIRCLE CLAMP/RANGE 8.99-9.79 670-089-00037 FF297915 $166.00 1 123 8"X 15'FULL CIRCLE CLAMP/RANGE 9.27-9.26 670-089-00054 FF196715 $112.00 1 124 10"X 7 1/2"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00055 FF1114475 $78.00 1 125 10"X 10"FULL CIRCLE CLAMP/RANGE 11.10-11.90 670-089-00056 FF2118410 $134.00 1 Page 1015 of 1161 Ferguson Enterprises 3697 Interstate Pk Rd So Riviera Beach,FL.33404 Phone(561)844-3222/Fax(561)848-7001 Contact:Drew Petonik Email:drew.petonik@ferguson.com 126 10"X 12 1/2"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00057 FF 11144125 $122.00 1 127 10"X 12 1/2"FULL CIRCLE CLAMP/RANGE 11.75-12.15 670-089-00058 FF 11215125 $122.00 1 128 10"X 15'FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00038 FF1114415 $141.00 1 129 10"X 15'FULL CIRCLE CLAMP/RANGE 11.10-11.90 670-089-00039 FF2118415 $176.00 1 130 10"X 15'FULL CIRCLE CLAMP/RANGE 11.34-11.74 670-089-00040 FF1117415 $120.00 1 131 10"X 15'FULL CIRCLE CLAMP/RANGE 11.75-12.15 670-089-00041 FF1121515 $120.00 1 132 18"X 15'FULL CIRCLE CLAMP/RANGE 19.23-19.98 670-089-00042 FF2199815 $280.00 1 133 10"X 10"FULL CIRCLE CLAMP/RANGE 11.34-11.74 670-089-00043 FF1117410 $90.00 1 134 12"X 15'FULL CIRCLE CLAMP/RANGE 13.10-13.50 670-089-00044 FF1135015 $136.00 1 135 12"X 15'FULL CIRCLE CLAMP/RANGE 12.62-13.02 670-089-00045 FF1130215 $136.00 1 136 12"X 20"FULL CIRCLE CLAMP/13.10-13.50 670-089-00046 FF1135020 $190.00 1 137 16"X 30"FULL CIRCLE CLAMP/RANGE 17.15-17.90 670-089-00069 FF2179030 $543.00 1 138 20"X 30"FULL CIRCLE CLAMP/RANGE 21.52-22.27 670-089-00070 FF2222730 $613.00 1 139 16"X 15'FULL CIRCLE CLAMP/RANGE 17.65 670-089-00047 FF2179015 $268.00 1 140 10"X 10"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00048 FF1114410 $90.00 1 141 20"X 15'FULL CIRCLE CLAMP/RANGE 21.52-22.27 670-089-00049 FF2222715 $296.00 1 142 22"X 15'FULL CIRCLE CLAMP/RANGE 22.72-22.87 670-089-00050 FF2228715 $303.00 1 143 24"X 24"FULL CIRCLE CLAMP/RANGE 25.70-26.90 670-089-00051 FF3268025 $1,033.00 1 144 30"X 30"FULL CIRCLE CLAMP/RANGE 31.14-32.34 670-089-00052 FF3324230 $1,230.00 1 145 42"X 30"FULL CIRCLE CLAMP/RANGE 43.90-45.10 670-089-00053 FF5445030 $2,059.00 1 146 8"X 24"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00067 FF193925 $225.00 1 147 10"X 24"FULL CIRCLE CLAMP/RANGE 11.04-11.94 670-089-00068 NO BID NO BID 148 36"X 15'FULL CIRCLE CLAMP WITH 1 1/2"IP TAP 670-089-00078 FF436151P6 $1,430.00 1 149 3"X 10"FULLCIRCLE CLAMP/RANGE 3.46-3.70 670-089-00079 FF137010 $57.00 1 150 4"X 10"FULL CIRCLE CLAMP/RANGE 4.74-5.14 670-089-00080 FF151410 $66.00 1 151 4"X 10"FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00081 FF153510 $66.00 1 152 6"X 4"MJ DUCTILE IRON MJ REDUCERS 700-057-00033 DMJELRLAUP $71.00 1 153 8"X 4"MJ DUCTILE IRON MJ REDUCERS 700-057-00032 DMJELRLAXP $108.00 1 154 8"X 4"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00030 FELCRXP $229.00 1 155 6"X 4"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00031 DFCRUP $211.00 1 156 10"X 6"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00034 FELCR10U $419.00 1 157 8"X 6"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00100 FELCRXU $264.00 1 158 4"X 4"X 4"FLANGED DUCTILE IRON TEE 700-057-00004 DFELTP $217.00 1 159 6"X 6"X 6"FLANGED DUCTILE IRON TEE 700-057-00101 FELTU $330.00 1 160 8"X 8"X 8"MJ DUCTILE IRON TEE 700-057-00005 DMJELTLAX $263.00 1 161 16"X 16"X 16"MJ DUCTILE IRON TEE 700-057-00054 DMJELTLA16 $1,430.00 1 162 10"X 10"X 8"FLANGED DUCTILE IRON WYE 700-057-00007 FY10X $1,484.00 1 163 6"X 6"X 6"MJ DUCTILE IRON WYE 700-057-00009 DMJELYLAU $236.00 1 164 4"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00011 DFEL9P $151.00 1 165 8"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00017 DFEL9X $409.00 1 166 6"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00075 DFEL9U $226.00 1 167 6"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00015 DFBF9LAU $141.00 1 168 4"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00016 DFBF9LAP $84.00 1 169 10"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00018 DFBF9LA10 $381.00 1 170 4"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00019 DFEL4P $134.00 1 171 8"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00020 DFEL4X $329.00 1 172 6"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00021 DFEL4U $197.00 1 173 6"MJ DUCTILE IRON 45 ELBOWS 700-057-00022 DMJEL4LAU $102.00 1 174 4"MJ DUCTILE IRON 45 ELBOWS 700-057-00023 DMJEL4LAP $65.00 1 175 10"MJ DUCTILE IRON 45 ELBOWS 700-057-00024 DMJEL4LA10 $210.00 1 176 8"MJ DUCTILE IRON 45 ELBOWS 700-057-00025 DMJEL4LAX $143.00 1 177 6"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00026 DFEL2U $261.00 1 178 6"MJ DUCTILE IRON 22.5 ELBOWS 700-057-00027 MJEL2LAU $92.00 1 179 4"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00061 DFEL2P $180.00 1 180 8"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00098 DFEL2X $396.00 1 181 10"MJ DUCTILE IRON 11.5 ELBOWS 700-057-00028 DMJELl LA10 $200.00 1 182 4"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00045 AFC2504MMLAOL $340.00 1 183 6"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00046 AFC2506MMLAOL $437.00 1 184 8"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00049 AFC2508MMLAOL $696.00 1 185 10"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00050 AFC2510MMLAOL $1,085.00 1 186 6"MJ DUCTILE IRON 11.5 ELBOWS 700-057-00029 DMJEL1LAU $92.00 1 187 6"MJ DUCTILE IRON COUPLINGS 700-057-00035 DMJELSSLAU12 $108.00 1 18e 4"MJ X FLANGED DUCTILE IRON ADAPTER 700-057-00038 FBFALAP $72.00 1 189 10"MJ DUCTILE IRON SLEEVES 700-057-00039 DMJELSSLA1012 $206.00 1 190 8"MJ DUCTILE IRON SLEEVES 700-057-00040 DMJELSSLAX12 $144.00 1 Page 1016 of 1161 Ferguson Enterprises 3697 Interstate Pk Rd So Riviera Beach,FL.33404 Phone(561)844-3222/Fax(561)848-7001 Contact:Drew Petonik Email:drew. etonik fer uson.com SD S RIP C7I+i ,: C MKODITY" DCYR f f RT l3 R IT ISR Ct ` ,M" TI 191 6"MJ DUCTILE IRON SLEEVES 700-057-00041 DMJELSSLAU12 $109.00 1 192 4"FLANGED DUCTILE IRON SLEEVES 700-057-00042 NO BID NO BID 193 4"MJ DUCTILE IRON SLEEVES 700-057-00043 DMJELSSLAP12 $72.00 1 194 16"MJ DUCTILE IRON SLEEVES 700-057-00108 DMJELSSLA1615 $666.00 1 195 4"DUCTILE IRON SPOOL PIECE 12"IN HEIGHT 700-057-00044 NO BID NO BID 195 4"FLANGED GATE VALVES WITH WHEEL 700-057-00047 AFC2504FFOL $339.00 1 197 6"FLANGED GATE VALVES WITH WHEEL 700-057-00048 AFC2506FFOL $453.00 1 198 FLOATS WITH 60 FOOT CORDS 700-057-00055 AS60NOC $48.00 1 199 FLOATS WITH 80 FOOT CORDS 700-057-00087 AS80NOC $59.00 1 zoo 16"DUCTILE IRON FLANGED FILLER 700-057-00059 NO BID NO BID 201 6"DUCTILE IRON MJ CROSS TEE 700-057-00080 DMJELCROSSLAU $264.00 1 202 8"X 6"DUCTILE IRON MJ REDUCER 700-057-00140 DMJELRLAXU $116.00 1 203 6"DUCTILE IRON MJ SOLID CAP 700-057-00124 CDMJELSCLAU $50.00 1 204 6"X 2"DUCTILE IRON MJ TAP CAP 700-057-00126 DMJELTCLAUK $73.00 1 200 6"22 DEGREE ELBOWS/BELL TO BELL 658-088-00002 H182406 $75.00 1 205 8"22 DEGREE ELBOWS/BELL TO BELL 658-088-00003 H182408 $142.00 1 207 4"45 DEGREE ELBOWS/BELL TO BELL 658-088-00004 H182204 $43.00 1 208 6"45 DEGREE ELBOWS/BELL TO BELL 658-088-00005 H182206 $75.00 1 209 4"X 4"X 4"WYES/BELL TO BELL TO BELL 658-088-00007 H18010404 $59.00 1 210 6"X 6"X 6"WYES/BELL TO BELL TO BELL 658-088-00008 H18010606 $131.00 1 211 8"X 8"X 6"WYES/BELL TO BELL TO BELL 658-088-00009 H18010806 $199.00 1 212 4"90 DEGREE ELBOWS/BELL TO BELL 658-088-00010 H181804 $43.00 1 213 4"22.5 DEGREE ELBOWS/BELL TO BELL 658-088-00011 H182404 $45.00 1 214 6"90 DEGREE ELBOWS/BELL TO BELL 658-088-00013 H181806 $77.00 1 215 4"CLEANOUT ADAPTER 658-088-00015 H185904 $6.50 1 215 4"CLEANOUT CAP 658-088-00016 H356104 $3.20 1 217 6"CLEANOUT ADAPTER 658-088-00017 H185906 $21.00 1 218 6"CLEANOUT CAP 658-088-00018 H356106 $10.00 1 2191 PIPE LUBE 658-034-00001 PSLUBXL1G $11.00 1 220 4"X 2"DUCTILE IRON MJ TAP CAP 700-057-00150 DMJELTCLAPK $58.00 1 Page 1017 of 1161 Ferguson Enterprises 3697 Interstate Pk Rd So Riviera Beach,FL.33404 Phone(561)844-3222/Fax(561)848-7001 Contact:Drew Petonik Email:drew.petonik@ferguson.com SPECIFICATIONS FOR PURCHASE OF PIPE SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 15% LOCAL BUSINESS NOT SUBMITTED ADDENDUM NA COMMENTS Page 1018 of 1161 ANNUAL SUPPLY OF PIPE FITTINGS AND ACCESSORIESS BID DUE DATE:September 12,2018 BID DUE TIME:10AM BID#037-1412-18/M FD OFFERS FROM THE VENDORS LISTED HEREIN ARE THE ONLY OFFERS Fortiline, Inc. RECEIVED TIMELY AS OF THE ABOVE RECEIVING DATE AND TIME. ALL 7025 Northwinds Drive,NW OTHER OFFERS SUBMITTED IN RESPONSE TO THIS SOLICITATION,IF ANY Concord,NC 28027 ARE HEREBY REJECTED AS LATE." Phone(704)788-9859/Fax(704)788-9896 Contact:Sheri Smith Email:sheri.smith@fortiline.com ITEM# DESCRIPTION COMMODITY# VENDOR PART NUMBER UNIT PRICE MIN QTY 3/4"Poly Tubing 658-082-00001 PEP07541010009 $23.00 100 2 1"POLY TUBING 658-082-00002 PEP10041010009 $36.00 inn 3 1 1/2"POLY TUBING 658-082-00003 PEP15041010009 $77.00 100 a 2"COMBINATION AIR VALVE ABI D020+C90 670-066-00001 CRISPINUL21 $632.50 5 4"CLAY X 4"CLAY FERNCO ADAPTORS 670-068-00001 1001-44 $4.10 1 6 4"CLAY X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00002 1003-44 $4.10 1 7. 4"CLAY X 4"PVC FERNCO ADAPTORS 670-068-00003 1002-44 $3.80 1 8 4"PVC X 4"PVC FERNCO ADAPTORS 670-068-00004 1056-44 $3.80 1 g 6"CLAY X 6"CLAY FERNCO ADAPTORS 670-068-00005 1001-66 $8.45 1 10 6"CLAY X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00006 1003-64 $26.50 1 11 6"CLAY X 4"PVC FERNCO ADAPTORS 670-068-00007 1002-64 $9.18 1 12 6"CLAY X 6"PVC FERNCO ADAPTORS 670-068-00008 1002-66 $7.83 1 13 6"CLAY X 6"DIP/C-900 FERNCO ADAPTORS 670-068-00009 1003-66 $8.03 1 14 6"PVC X 6"PVC FERNCO ADAPTORS 670-068-00010 1056-66 $7.83 1 15 8"CLAY X 8"CLAY FERNCO ADAPTORS 670-068-00011 1001-88 $12.98 1 16 8"PVC X 8"PVC FERNCO ADAPTORS 670-068-00012 1056-88 $12.03 1 17 8"CLAY X 8"DIP/C-900 FERNCO ADAPTOR 670-068-00013 1003-88 $12.98 1 16 6"DIP/C-900 X 6"DIP/C-900 FERNCO ADAPTORS 670-068-00014 1055-66 $8.87 to 4"DIP/C-900 X 4"PVC FERNCO ADAPTORS 670-068-00015 1051-44 $4.10 20 4"DIP/C-900 X 4"DIP/C-900 FERNCO ADAPTORS 670-068-00017 1055-44 $4.10 21 8"DIP/C-900 X 8"PVC FERNCO ADAPTORS 670-068-00019 1051-88 $12.98 1 221 10"CALY X 10"CLAY FERNCO ADAPTORS 670-068-00021 1001-1010 $18.05 1 23 6"DIP/C-900 X 6"PVC FERNCO ADAPTORS 670-068-00022 1051-66 $8.45 1 Za 8"DIP/C-900 X 8"DIP/C-900 FERNCO ADAPTORS 670-068-00028 1055-88 $13.63 1 25 6"DIP/C-900 X 4"DIP/C-900 FERNCO ADAPTERS 670-068-00029 1055-64 $9.63 1 26 4"BOLT AND GASKET SET 670-064-00024 4FK316SSN $22.70 1 27 6"BOLT AND GASKET SET 670-064-00025 6FK316SSN $31.60 1 28 8"BOLT AND GASKET SET 670-064-00026 8FK316SSN $32.65 1 Zg 10"BOLT AND GASKET SET 670-064-00027 10FK3166SSN $79.00 1 30 12"BOLT AND GASKET SET 670-064-00028 12FK316SSN $80.00 1 31 14"BOLT AND GASKET SET 670-064-00029 14FK316SSN $99.00 1 32 16"BOLT AND GASKET SET 670-064-00030 16FK316SSN $145.30 1 33 18"BOLT AND GASKET SET 670-064-00031 18FK316SSN $211.00 1 34 20"BOLT AND GASKET SET 670-064-00032 20FK316SSN $273.75 35 24"BOLT AND GASKET SET 670-064-00033 24FK316SS7 $321.15 36 4"KENNEDY CHECK VALVES WITH LEVER 700-057-00051 1106LW $917.29 1 37 6"KENNEDY CHECK VALVES WITH LEVER 700-057-00065 1106LW $1,233.92 1 36 8"KENNEDY CHECK VALVES WITH LEVER 700-057-00052 1106LW $1,870.00 1 39 36"BURY FIRE HYDRANT/ HYDRANT MUST BE RED 700-057-00084 BAS301-11 R02MJ6 $2,300.00 1 40 42"BURY FIRE HYDRANT/HYDRANT MUST BE RED 700-057-00119 BAS3541R02MJ6 $2,350.00 1 41 54"BURY FIRE HYDRANT/HYDRANT MUST BE RED 700-057-00123 BAS451-11 R02MJ6 $2,461.00 1 az 4"MEGA LUGS 700-057-00067 43 6"MEGA LUGS 700-057-00068 1106 $20.75 as 8"MEGA LUGS 700-057-00099 1108 $31.80 45 10"MEGA LUGS 700-057-00069 1110 $47.00 46 12"MEGA LUGS 700-057-00104 1112 $68.15 47 16"MEGA LUGS 700-057-00105 1116 $125.00 1 48 20"MEGA LUGS 700-057-00106 1120 $217.50 1 ag 24"MEGA LUGS 700-057-00107 1124 $302.00 1 50 4"MJ GASKETS 700-057-00110 4RG $3.20 1 51 6"MJ GASKETS 700-057-00111 6RG $4.60 1 52 8"MJ GASKETS 700-057-00112 8RG $5.50 1 53 10"MJ GASKETS 700-057-00113 10RG $6.50 1 54 12"MJ GASKETS 700-057-00114 12RG $7.25 1 55 14"MJ GASKETS 700-057-00115 14RG $11.75 1 56 16"MJ GASKETS 700-057-00109 16RG $13.25 1 57 18"MJ GASKETS 700-057-00116 18RG $14.95 1 5e 20"MJ GASKETS 700-057-00117 20RG $15.95 1 59 24"MJ GASKETS 700-057-00118 24RG $19.20 1 60 4"MJ 90 DUCTILE IRON ELBOW 700-057-00012 397243 $73.63 1 Page 1019 of 1161 Fortiline, Inc. 7025 Northwinds Drive,NW Concord,NC 28027 Phone(704)788-9859/Fax(704)788-9896 Contact:Sheri Smith Email:sheri.smith@fortii ne.com TINY#-,: C} IIP C7Ii; CtlM ICSDITY N6f7 'PAi T NUtvTE%RAJNIT mite-1iT 61 6"MJ 90 DUCTILE IRON ELBOW 700-057-00010 395331 $122.06 1 62 8"MJ 90 DUCTILE IRON ELBOW 700-057-00014 397267 $175.00 1 63 10"MJ 90 DUCTILE IRON ELBOW 700-057-00013 397281 $291.92 1 64 16"MJ 90 DUCTILE IRON ELBOW 700-057-00036 35640 $949.38 1 65 4 X 4 X 4 MJ DUCTILE IRON TEE 700-057-00002 395577 $100.10 1 66 6 X 6 X 6 MJ DUCTILE IRON TEE 700-057-00006 396987 $173.73 1 67 6 X 6 X 4 MJ DUCTILE IRON TEE 700-057-00003 395591 $151.77 1 66 4 X 4 X 6 MJ DUCTILE IRON TEE 700-057-00077 284314 $438.11 1 69 4 X 4 X 4 FLANGED DUCTILE IRON WYE 700-057-00008 348788 $331.96 1 70 WATER HIGH RANGE APC MARKERS 670-080-00005 NO BID NO BID 71 SEWER HIGH RANGE APC MARKERS 670-080-00006 NO BID NO BID 72 3"MJ GLAND KIT WITH ACCESSORIES 670-064-00011 08517 $13.20 1 73 4"MJ GLAND KIT WITH ACCESSORIES 670-064-00012 085164 $15.83 1 74 6"MJ GLAND KIT WITH ACCESSORIES 670-064-00013 085171 $18.91 1 76 8"MJ GLAND KIT WITH ACCESSORIES 670-064-00014 085188 $22.19 1 76 10"MJ GLAND KIT WITH ACCESSORIES 670-064-00015 085195 $30.67 1 77 12"MJ GLAND KIT WITH ACCESSORIES 670-064-00016 085201 $32.63 1 78 16"MJ GLAND KIT WITH ACCESSORIES 670-064-00023 085225 $56.78 1 79 4"MJ ACCESSORIES KIT LESS GLAND 670-064-00018 4RALGD $7.08 1 eo 6"MJ ACCESSORIES KIT LESS GLAND 670-064-00019 6RALGD $9.28 1 61 8"MJ ACCESSORIES KIT LESS GLAND 670-064-00020 8RALGD $10.38 1 82 10"MJ ACCESSORIES KIT LESS GLAND 670-064-00021 10RALGD $14.25 1 83 12"MJ ACCESSORIES KIT LESS GLAND 670-064-00022 12RALGD $14.88 1 84 4"ECON PLASTIC WING NUT TEST PLUGS 670-087-00001 271543 $6.25 4 e5 6"ECON PLASTIC WING NUT TEST PLUGS 670-087-00002 271578 $10.00 4 e6 2"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00001 NO BID NO BID e7 2"X 10"FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00002 NO BID NO BID 66 2"X 15'FULL CIRCLE CLAMP/RANGE 2.35-2.63 670-089-00003 NO BID NO BID 89 2 1/2"X 7'FULL CIRCLE CLAMP/RANGE 2.30-3.13 670-089-00004 NO BID NO BID 90 2 1/2"X 15'FULL CIRCLE CLAMP/RANGE 2.70-3.13 670-089-00005 NO BID NO BID 91 3"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.97-3.25 670-089-00006 NO BID NO BID 92 3"X 7 1/2"FULL CIRCLE CLAMP/RANGE 2.46-3.70 670-089-00007 NO BID NO BID 93 3"X 15'FULL CIRCLE CLAMP/RANGE 2.73-4.00 670-089-00008 NO BID NO BID 94 3"X 15'FULL CIRCLE CLAMP/RANGE 2.97-3.25 670-089-00009 NO BID NO BID 95 3"X 15'FULL CIRCLE CLAMP/RANGE 3.46-3..70 670-089-00010 NO BID NO BID 96 3"X 15'FULL CIRCLE CLAMP/RANGE 3.96-4.25 670-089-00011 NO BID NO BID 97 3"X 15'FULL CIRCLE CLAMP/RANGE 3.73-4.00 670-089-00012 NO BID NO BID 98 4"X 7 1/2"FULL CIRCLE CLAMP/RANGE 4.74-5.14 670-089-00015 NO BID NO BID 99 4"X 7 1/2"FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00016 NO BID NO BID 100 4"X 15'FULL CIRCLE CLAMP/RANGE 4.45-4.73 670-089-00017 NO BID NO BID 101 4.25'X 15'FULL CIRCLE CLAMP/RANGE 3.90-4.25 700-057-00071 NO BID NO BID 102 4"X 15'FULL CIRCLE CLAMP/RANGE 4.75-5.14 670-089-00018 NO BID NO BID 103 4"X 15'FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00019 NO BID NO BID 104 6"X 7 1/2"FULL CIRCLE CLAMP/RANGE 6.84-7.64 670-089-00020 NO BID NO BID 105 6"X 10"FULL CIRCLE CLAMP/RANGE 6.84-7.24 670-089-00021 NO BID NO BID 106 6"X 10"FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00022 NO BID NO BID 107 6"X 12 1/2"FULL CIRCLE CLAMP/RANGE 7.64 670-089-00023 NO BID NO BID toe 6"X 15'FULL CIRCLE CLAMP/RANGE 6.56-6.96 670-089-00024 NO BID NO BID 109 6"X 15'FULL CIRCLE CLAMP/RANGE 6.60-7.00 670-089-00025 NO BID NO BID 110 6"X 15'FULL CIRCLE CLAMP/RANGE 6.84-7.24 670-089-00026 NO BID NO BID 6"X 15'FULL CIRCLE CLAMP/RANGE 6.84-7.64 670-089-00027 NO BID NO BID 112 6"X 15'FULL CIRCLE CLAMP/RANGE 7.05-7.45 670-089-00028 NO BID NO BID 113 4"X 15'FULL CIRCLE CLAMP/RANGE 4.74-5.14 700-057-00070 NO BID NO BID 114 6"X 15'FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00029 NO BID NO BID 115 6"X 30"FULL CIRCLE CLAMP/RANGE 7.45-7.85 670-089-00030 NO BID NO BID 116 8"X 7 12"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00031 NO BID NO BID 117 30"X 15'FULL CIRCLE CLAMP 670-089-00032 NO BID NO BID 116 8"X 10"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00033 NO BID NO BID 119 8"X 10"FULL CIRCLE CLAMP/RANGE 8.99-9.79 670-089-00034 NO BID NO BID 120 8"X 10"FULL CIRCLE CLAMP/RANGE 9.27-9.67 670-089-00035 NO BID NO BID 121 8"X 12 1/2"FULL CIRCLE CLAMP/RANGE 9.70-10.10 670-089-00036 NO BID NO BID 122 8"X 15'FULL CIRCLE CLAMP/RANGE 8.99-9.79 670-089-00037 NO BID NO BID 123 8"X 15'FULL CIRCLE CLAMP/RANGE 9.27-9.26 670-089-00054 NO BID NO BID 124 10"X 7 1/2"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00055 NO BID NO BID 125 10"X 10"FULL CIRCLE CLAMP/RANGE 11.10-11.90 670-089-00056 NO BID NO BID Page 1020 of 1161 Fortiline, Inc. 7025 Northwinds Drive,NW Concord,NC 28027 Phone(704)788-9859/Fax(704)788-9896 Contact:Sheri Smith Email:sheri.smith@fortiline.com 126 10"X 12 1/2"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00057 NO BID NO BID 127 10"X 12 1/2"FULL CIRCLE CLAMP/RANGE 11.75-12.15 670-089-00058 NO BID NO BID 128 10"X 15'FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00038 NO BID NO BID 129 10"X 15'FULL CIRCLE CLAMP/RANGE 11.10-11.90 670-089-00039 NO BID NO BID 130 10"X 15'FULL CIRCLE CLAMP/RANGE 11.34-11.74 670-089-00040 NO BID NO BID 131 10"X 15'FULL CIRCLE CLAMP/RANGE 11.75-12.15 670-089-00041 NO BID NO BID 132 18"X 15'FULL CIRCLE CLAMP/RANGE 19.23-19.98 670-089-00042 NO BID NO BID 133 10"X 10"FULL CIRCLE CLAMP/RANGE 11.34-11.74 670-089-00043 NO BID NO BID 134 12"X 15'FULL CIRCLE CLAMP/RANGE 13.10-13.50 670-089-00044 NO BID NO BID 135 12"X 15'FULL CIRCLE CLAMP/RANGE 12.62-13.02 670-089-00045 NO BID NO BID 136 12"X 20"FULL CIRCLE CLAMP/13.10-13.50 670-089-00046 NO BID NO BID 137 16"X 30"FULL CIRCLE CLAMP/RANGE 17.15-17.90 670-089-00069 NO BID NO BID 13e 20"X 30"FULL CIRCLE CLAMP/RANGE 21.52-22.27 670-089-00070 NO BID NO BID 139 16"X 15'FULL CIRCLE CLAMP/RANGE 17.65 670-089-00047 NO BID NO BID 140 10"X 10"FULL CIRCLE CLAMP/RANGE 11.04-11.44 670-089-00048 NO BID NO BID 141 20"X 15'FULL CIRCLE CLAMP/RANGE 21.52-22.27 670-089-00049 NO BID NO BID 142 22"X 15'FULL CIRCLE CLAMP/RANGE 22.72-22.87 670-089-00050 NO BID NO BID 143 24"X 24"FULL CIRCLE CLAMP/RANGE 25.70-26.90 670-089-00051 NO BID NO BID 144 30"X 30"FULL CIRCLE CLAMP/RANGE 31.14-32.34 670-089-00052 NO BID NO BID 145 42"X 30"FULL CIRCLE CLAMP/RANGE 43.90-45.10 670-089-00053 NO BID NO BID 146 8"X 24"FULL CIRCLE CLAMP/RANGE 8.99-9.39 670-089-00067 NO BID NO BID 147 10"X 24"FULL CIRCLE CLAMP/RANGE 11.04-11.94 670-089-00068 NO BID NO BID 148 36"X 15'FULL CIRCLE CLAMP WITH 1 1/2"IP TAP 670-089-00078 NO BID NO BID 149 3"X 10"FULLCIRCLE CLAMP/RANGE 3.46-3.70 670-089-00079 NO BID NO BID 150 4"X 10"FULL CIRCLE CLAMP/RANGE 4.74-5.14 670-089-00080 NO BID NO BID 151 4"X 10"FULL CIRCLE CLAMP/RANGE 4.95-5.35 670-089-00081 NO BID NO BID 152 6"X 4"MJ DUCTILE IRON MJ REDUCERS 700-057-00033 395720 $69.83 1 153 8"X 4"MJ DUCTILE IRON MJ REDUCERS 700-057-00032 47773 $105.73 1 154 8"X 4"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00030 132271 $261.05 1 155 6"X 4"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00031 132974 $189.92 1 156 10"X 6"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00034 132875 $446.28 1 157 8"X 6"FLANGED DUCTILE IRON MJ REDUCERS 700-057-00100 13231 $297.08 1 158 4"X 4"X 4"FLANGED DUCTILE IRON TEE 700-057-00004 398974 $211.84 1 159 6"X 6"X 6"FLANGED DUCTILE IRON TEE 700-057-00101 398950 $322.92 1 160 8"X 8"X 8"MJ DUCTILE IRON TEE 700-057-00005 397359 $235.70 1 161 16"X 16"X 16"MJ DUCTILE IRON TEE 700-057-00054 397953 $139.19 1 162 10"X 10"X 8"FLANGED DUCTILE IRON WYE 700-057-00007 348757 $1,452.48 1 163 6"X 6"X 6"MJ DUCTILE IRON WYE 700-057-00009 397465 $229.27 1 164 4"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00011 398967 $146.00 1 165 8"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00017 399001 $398.00 1 166 6"FLANGED DUCTILE IRON 90 ELBOWS 700-057-00075 398998 $220.00 1 167 6"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00015 396918 $136.75 1 168 4"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00016 395492 $81.60 1 169 10"MJ X FLANGED DUCTILE IRON 90 ELBOW 700-057-00018 396325 $370.00 1 170 4"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00019 348405 $131.00 1 171 8"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00020 346276 $320.00 1 172 6"FLANGED DUCTILE IRON 45 ELBOWS 700-057-00021 131236 $192.15 1 173 6"MJ DUCTILE IRON 45 ELBOWS 700-057-00022 397564 $99.00 1 174 4"MJ DUCTILE IRON 45 ELBOWS 700-057-00023 397472 $63.75 1 175 10"MJ DUCTILE IRON 45 ELBOWS 700-057-00024 397618 $204.00 1 176 8"MJ DUCTILE IRON 45 ELBOWS 700-057-00025 397274 $140.00 1 177 6"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00026 348443 $254.00 1 178 6"MJ DUCTILE IRON 22.5 ELBOWS 700-057-00027 395362 $89.75 1 179 4"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00061 348436 $174.75 1 180 8"FLANGED DUCTILE IRON 22.5 ELBOWS 700-057-00098 348306 $385.00 1 181 10"MJ DUCTILE IRON 11.5 ELBOWS 700-057-00028 397328 $194.50 1 182 4"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00045 040A236123LN $313.00 1 183 6"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00046 060A236123LN $398.00 1 184 8"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00049 08OA236123LN $635.00 1 185 10"MJ GATE VALVE WITH OPERATING NUT(NO WHEEL) 700-057-00050 10OA236123LN $991.00 1 186 6"MJ DUCTILE IRON 11.5 ELBOWS 700-057-00029 395386 $89.50 1 187 6"MJ DUCTILE IRON COUPLINGS 700-057-00035 395690 $105.60 1 188 4"MJ X FLANGED DUCTILE IRON ADAPTER 700-057-00038 395515 $71.00 1 189 10"MJ DUCTILE IRON SLEEVES 700-057-00039 397656 $200.60 1 Igo 8"MJ DUCTILE IRON SLEEVES 700-057-00040 397014 $140.00 1 Page 1021 of 1161 Fortiline, Inc. 7025 Northwinds Drive,NW Concord,NC 28027 Phone(704)788-9859/Fax(704)788-9896 Contact Sheri Smith Email sheri.smith@fortii ne.com TEM#',,,, "DeSCIIP MN COMKODITY"W, 'VIENOOWPAi T NUM99R IT PR CE' iT 191 6"MJ DUCTILE IRON SLEEVES 700-057-00041 395690 $105.60 1 192 4"FLANGED DUCTILE IRON SLEEVES 700-057-00042 4FF01OP401 $135.00 193 4"MJ DUCTILE IRON SLEEVES 700-057-00043 395683 $70.00 194 16"MJ DUCTILE IRON SLEEVES 700-057-00108 398929 $647.00 195 4"DUCTILE IRON SPOOL PIECE 12"IN HEIGHT 700-057-00044 4FF010OF401 $135.00 196 4"FLANGED GATE VALVES WITH WHEEL 700-057-00047 040A236106LN $309.50 197 6"FLANGED GATE VALVES WITH WHEEL 700-057-00048 060A236106LLN $414.00 198 FLOATS WITH 60 FOOT CORDS 700-057-00055 S60NONC $66.76 199 FLOATS WITH 80 FOOT CORDS 700-057-00087 S80NONC $78.76 200 16"DUCTILE IRON FLANGED FILLER 700-057-00059 NO BID NO BID 201 6"DUCTILE IRON MJ CROSS TEE 700-057-00080 398455 $257.00 202 8"X 6"DUCTILE IRON MJ REDUCER 700-057-00140 397601 $113.25 203. 6"DUCTILE IRON MJ SOLID CAP 700-057-00124 398707 $48.85 204 6"X 2"DUCTILE IRON MJ TAP CAP 700-057-00126 398745 $71.35 205 6"22 DEGREE ELBOWS BELL TO BELL 658-088-00002 18-2406 $71.45 206 8"22 DEGREE ELBOWS BELL TO BELL 658-088-00003 18-2408 $136.08 207 4"45 DEGREE ELBOWS BELL TO BELL 658-088-00004 18-2204 $41.18 1 208 6"45 DEGREE ELBOWS BELL TO BELL 658-088-00005 18-2206 $71.50 1 209 4"X 4"X 4"WYES BELL TO BELL TO BELL 658-088-00007 18-010404 $56.74 1 210. 6"X 6"X 6"WYES BELL TO BELL TO BELL 658-088-00008 18-010606 $126.82 1 211 8"X 8"X 6"WYES BELL TO BELL TO BELL 658-088-00009 18-010806 $188.52 1 212 4"90 DEGREE ELBOWS/BELL TO BELL 658-088-00010 18-1804 $41.20 1 213 4"22.5 DEGREE ELBOWS/BELL TO BELL 658-088-00011 18-2404 $42.82 1 214 6"90 DEGREE ELBOWS/BELL TO BELL 658-088-00013 18-1806 $73.36 1 215 4"CLEANOUT ADAPTER 658-088-00015 18-5904 $6.25 1 216 4"CLEANOUT CAP 658-088-00016 35-6204 $4.50 1 217. 6"CLEANOUT ADAPTER 658-088-00017 18-5906 $20.10 1 218 6"CLEANOUT CAP 658-088-00018 35-6206 $11.50 1 2191 PIPE LUBE 658-034-00001 GUBEG $15.00 2201 4"X 2"DUCTILE IRON MJ TAP CAP 700-057-00150 298738 $56.50 Page 1022 of 1161 Fortiline, Inc. 7025 Northwinds Drive,NW Concord,NC 28027 Phone(704)788-9859/Fax(704)788-9896 Contact:Sheri Smith Email:sheri.smith@fortiline.com SPECIFICATIONS FOR PURCHASE OF PIPE SUPPLIES YES BIDDER ACKNOWLEDGEMENT YES NONCOLLUSION AFFIDAVIT YES ANTI-KICKBACK AFFIDAVIT YES CONFIRMATION OF MINORITY OWNED BUSINESS SUBMITTED NOT A MINORITY OWNED BUSINESS CONFIRMATION OF DRUG-FREE WORKPLACE YES PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGEMENT YES DISCOUNT OFF OF LIST PRICE FOR ITEMS NOT COVERED IN BID 10% LOCAL BUSINESS SUBMITTED NOT A LOCAL BUSINESS ADDENDUM NA COMMENTS Page 1023 of 1161 8.A. PUBLIC HEARING 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-024 - FIRST READING -Approve Good Stone Townhomes annexation (ANNEX 18-001) Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-025 - FIRST READING -Approve Good Stone Townhomes Future Land Use Map Amendment (LUAR 18-002)from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) PROPOSED ORDINANCE NO. 18-026 - FIRST READING -Approve Good Stone Townhomes Rezoning (LUAR 18-002)from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (I PUD). Applicant: Good Stone, LLC. (Per applicant's request tabled to October 2, 2018) EXPLANATION OF REQUEST: The subject 0.30 acre parcel, presently vacant, is located within the 31-acre unincorporated county pocket east of Federal Highway at the southern edge of the City. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County's designations in order to develop the property with four (4) three-story townhomes. The proposed annexation meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets. In fact, the annexation action would reduce the existing county pocket. The proposed City's FLUM category and zoning district differ significantly from the property's existing Palm Beach County's classification and zoning in that it does not allow commercial uses and permits much higher residential density-20 du/acre versus 5 du/acre. If annexation is approved, the property will be considered for inclusion in the Community Redevelopment Area. The CRA Plan does not provide future land use recommedations for land in unincorporated areas which abut the CRA boundary. Nevertheless, the proposed SHDR future land use category may be construed to be consistent with the intent of the Plan, which recommends SHDR for the nearby City communities north and west of the subject property (the FLU designation that they already have). Moreover, the property abuts residential uses in the unincorporated County to the east and south, which further justifies the choice of residential-only classification. Planning and Development Board recommended approval of these requests at its August 28, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. Page 1024 of 1161 FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Good Stone Annexation Ordinance D Ordinance Ordinance appro\Ang Land Use Amendment for Good Stone D Ordinance Ordinance appro\Ang Good Stone Rezoning D Staff Report Staff Report D Location Map Exhibit A. Location Map Aerial D Location Map Exhibit B. Proposed FLU D Location Map Exhibit C. Proposed Zoning D Letter Exhibit D. PBC annexation letter Page 1025 of 1161 1 ORDINANCE NO. 18 - 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ANNEXING 0.30 ACRE OF LAND THAT IS 5 CONTIGUOUS TO THE CITY LIMITS WITHIN PALM BEACH 6 COUNTY AND THAT WILL, UPON ANNEXATION, 7 CONSTITUTE A REASONABLY COMPACT ADDITION TO THE 8 CITY BOUNDARIES; PROVIDING THAT THE PROPER LAND 9 USE DESIGNATION AND PROPER ZONING OF THE 10 PROPERTY SHALL BE REFLECTED IN SEPARATE 11 ORDINANCES TO BE PASSED SIMULTANEOUSLY 12 HEREWITH; PROVIDING FOR CONFLICTS, SEVERABILITY, 13 AND AN EFFECTIVE DATE; PROVIDING THAT THIS 14 ORDINANCE SHALL BE FILED WITH THE CLERK OF THE 15 CIRCUIT COURT OF PALM BEACH COUNTY, FLORIDA, UPON 16 ADOPTION. 17 18 WHEREAS, the Comprehensive Plan for the City of Boynton Beach requires the 19 development of an Annexation Program; and 20 WHEREAS, Good Stone, LLC., owner, by and through its agent, Miller Land 21 Planning, Inc, of the property more particularly described hereinafter, have heretofore filed a 22 Petition, pursuant to Chapter 2, Article H, Section 2A of the Land Development Regulations, 23 City of Boynton Beach, Florida, for the purpose of annexing a certain tract of land consisting 24 of approximately 0.30 acre; and 25 WHEREAS, the City of Boynton Beach hereby exercises its option to annex the 26 following tract of land as hereinafter described, in accordance with Article I, Section 6 of the 27 Charter of the City and Section 171.044, and 171.062(2), Florida Statutes; and 28 WHEREAS, said tract of land lying and being within Palm Beach County is 29 contiguous to the existing city limits of the City of Boynton Beach, and will, upon its 30 annexation, constitute a reasonably compact addition to the City boundary. 31 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 32 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\593114AE-8110-42D8-864D-4A8ABF851A10\Boynton Beach.12809.1.Annexation --Good—Stone Townhomes.doc 1 Page 1026 of 1161 33 Section 1. That each and every Whereas clause is true and correct. 34 Section 2. Pursuant to Article I, Section 6 of the Charter of the City of Boynton 35 Beach, Florida and Section 171.044, Florida Statutes the following described 36 unincorporated and contiguous tract of land situated and lying and being in the County of 37 Palm Beach, Florida, to wit: 38 PARCEL 1 39 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, 40 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 41 DESCRIBED AS FOLLOWS: 42 FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID GOVERNMENT 43 LOT 1 OF SAID SECTION 4 WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 44 NO. 5, RUN NORTH 17-13'16"EAST,ALONG SAID RIGHT-OF-WAY LINE, 52.55 FEET TO 45 THE POINT IN THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION, 46 ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 22, PAGE 44, OF THE 47 PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE CONTINUE 48 NORTHERLY ALONG THE SAME COURSE,A DISTANCE OF 28.52 FEET TO THE POINT 49 OF BEGINNING AND THE SOUTHWEST CORNER OF THE PARCEL OF LAND HEREIN 50 DESCRIBED; THENCE NORTH 89°18'46"EAST, PARALLEL TO THE NORTH LINE OF SAID 51 TRADE WINDS ESTATES FIRST ADDITION,A DISTANCE OF 108 FEET; THENCE NORTH 52 17013'16"EAST, PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE 53 ROAD NO.5,A DISTANCE OF 49.85 FEET TO A POINT IN A LINE PARALLEL TO THE 54 NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION,AND 75 FEET 55 NORTHERLY THEREFROM, MEASURED ALONG A LINE PARALLEL TO THE WEST 56 RIGHT-OF-WAY LINE OF THE INTERCOASTAL WATERWAY; THENCE NORTH 89018'46" 57 EAST,ALONG SAID PARALLEL LINE,A DISTANCE OF 44.78 FEET, MORE OR LESS TO A 58 POINT 734.91 FEET WESTERLY FROM, MEASURED ALONG SAID PARALLEL LINE, THE 59 WESTERLY RIGHT-OF-WAY LINE OF SAID INTERCOASTAL WATERWAY,A DISTANCE 60 OF 69.16 FEET TO A POINT IN THE SOUTH LINE OF A PRIVATE ROAD; THENCE NORTH 61 05026'06"EAST, PARALLEL TO SAID SOUTH LINE OF PRIVATE ROAD; THENCE 62 WESTERLY ALONG THE SOUTH LINE OF SAID PRIVATE ROAD, BEING THE ARC OF A 63 CURVE CONCAVE TO THE NORTH AND HAVING RADIUS OF 102.47 FEET,A 64 DISTANCE OF 20.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89018'46" 65 WEST PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST 66 ADDITION,AND ALONG THE SOUTH LINE OF SAID PRIVATE ROAD,A DISTANCE OF 67 118.42 FEET TO A POINT IN THE EASTERLY RIGHT-OF-WAY OF LINE OF SAID STATE 68 ROAD NO. 5; THENCE SOUTH 17013'16"WEST,ALONG SAID EASTERLY RIGHT-OF-WAY 69 LINE,A DISTANCE OF 120 FEET TO THE POINT OF BEGINNING. 70 PARCEL2 71 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, 72 RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY 73 DESCRIBED AS FOLLOWS: 74 COMMENCING FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S 75 HIGHWAY NO. 1 (STATE ROAD NO. 5)A 100 FOOT RIGHT OF WAY AS SHOWN ON THE 76 FLORIDA DEPT. OF TRANSPORTATION RIGHT OF WAY MAP SECTION 9301-205,WITH 77 THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION,AS RECORDED IN 78 PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\593114AE-8110-42D8-864D-4A8ABF851A10\Boynton Beach.12809.1.Annexation --Good—Stone Townhomes.doc 2 Page 1027 of 1161 79 FLORIDA; THENCE NORTH 17'13'16"EAST ALONG SAID EAST RIGHT OF WAY LINE,A 80 DISTANCE OF 28.52 FEET; THENCE NORTH 89°18'46"EAST ALONG A LINE PARALLEL 81 TO,AND 27.14 FEET NORTH OF,AS MEASURED AT RIGHT ANGLES TO SAID NORTH 82 LINE OF TRADE WINDS ESTATES FIRST ADDITION,A DISTANCE OF 90.13 FEET TO THE 83 POINT OF BEGINNING; THENCE CONTINUE NORTH 89'18'40"EAST A DISTANCE OF 5.84 84 FEET; THENCE NORTH 11°48'40: EAST ALONG THE EAST (WATER SIDE)EDGE OF A 85 CONCRETE SEAWALL,A DISTANCE OF 42.44 FEET; THENCE NORTH 88°32'42"EAST 86 ALONG THE SOUTH (WATER SIDE) EDGE OF SAID CONCRETE SEAWALL,A DISTANCE 87 OF 44.51 FEET; THENCE NORTH 05°26'06"EAST A DISTANCE OF 5.44 FEET; THENCE 88 SOUTH 89018'46"WEST ALONG THE BOUNDARY OF A PARCEL DESCRIBED IN 89 OFFICIAL RECORDS BOOK 8002, PAGE 740,A DISTANCE OF 44.78 FEET; THENCE 90 SOUTH 17013'16"WEST ALONG THE BOUNDARY OF SAID PARCEL,A DISTANCE OF 91 49.85 FEET TO THE POINT OF BEGINNING. 92 93 94 is hereby annexed to the City of Boynton Beach, Florida, and such land so annexed shall be 95 and become part of the City with the same force and effect as though the same had been 96 originally incorporated in the territorial boundaries thereof. 97 Section3: That Section 6 of the Charter of the City of Boynton Beach, Florida, is 98 hereby amended to reflect the annexation of said tract of land more particularly described in 99 Section 2 of this Ordinance. 100 Section 4: That by Ordinances adopted simultaneously herewith, the proper City 101 zoning designation and Land Use category is being determined as contemplated in Section 102 171.162(2), Florida Statutes. 103 Section 5. All ordinances or parts of ordinances in conflict herewith are hereby 104 repealed. 105 Section 6: Should any section or provision of this Ordinance or any portion thereof 106 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect 107 the remainder of this Ordinance. 108 Section 7: This Ordinance shall not be passed until the same has been advertised 109 for two (2) consecutive weeks in a newspaper of general circulation in the City of Boynton 110 Beach, Florida, as required by the City Charter and Section 171.044, Florida Statutes. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\593114AE-8110-42D8-864D-4A8ABF851A10\Boynton Beach.12809.1.Annexation --Good—Stone Townhomes.doc 3 Page 1028 of 1161 111 112 Section 8. This ordinance shall become effective immediately upon passage. 113 Section 9. This ordinance, after adoption, shall be filed with the Clerk of the 114 Circuit Court of Palm Beach County, Florida. 115 FIRST READING this day of , 2018. 116 SECOND, FINAL READING and PASSAGE this day of , 2018. 117 CITY OF BOYNTON BEACH, FLORIDA 118 119 YES NO 120 121 Mayor— Steven B. Grant 122 123 Vice Mayor—Christina L. Romelus 124 125 Commissioner—Mack McCray 126 127 Commissioner—Justin Katz 128 129 Commissioner—Joe Casello 130 131 VOTE 132 133 134 135 136 ATTEST: 137 138 139 140 Judith A. Pyle, CMC 141 City Clerk 142 143 144 (Corporate Seal) C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\593114AE-8110-42D8-864D-4A8ABF851A10\Boynton Beach.12809.1.Annexation --Good—Stone Townhomes.doc 4 Page 1029 of 1161 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS GOOD STONE 7 TOWNHOMES AND DESCRIBED HEREIN, OWNED BY GOOD 8 STONE, LLC; CHANGING THE LAND USE DESIGNATION FROM 9 COMMERCIAL HIGH WITH THE UNDERLYING MEDIUM 10 DENSITY RESIDENTIAL MR-5,MAX DENSITY OF 5 DU/AC(CH/5) 11 TO SPECIAL HIGH DENSITY RESIDENTIAL(SHDR); PROVIDING 12 FOR CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 13 14 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 15 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 16 Use Element pursuant to Ordinance No. 89-3 8 and in accordance with the Local Government 17 Comprehensive Planning Act; and 18 WHEREAS, the procedure for amendment of a Future Land Use Element of a 19 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 20 WHEREAS, after two (2) public hearings the City Commission acting in its dual 21 capacity as Local Planning Agency and City Commission finds that the amendment 22 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 23 in the best interest of the inhabitants of said City to amend the Future Land Use Element 24 (designation) of the Comprehensive Plan as hereinafter provided. 25 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 26 CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 28 herein by this reference. 29 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 30 Future Land Use of the following described land: 31 PARCEL 1 C:Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E2A4B3A4-99E7-4928-8AOC-F45558CC6B21\Boynton Beach.12815.1.Good_Stone_LUA_-_Ordinance.Docx Page 1030 of 1161 32 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE 33 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 34 FOLLOWS: 35 FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID GOVERNMENT LOT 36 1 OF SAID SECTION 4 WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 5, 37 RUN NORTH 17013'16"EAST,ALONG SAID RIGHT-OF-WAY LINE, 52.55 FEET TO THE POINT 38 IN THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION, ACCORDING TO THE 39 PLAT THEREOF, RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF 40 PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTHERLY ALONG THE SAME 41 COURSE,A DISTANCE OF 28.52 FEET TO THE POINT OF BEGINNING AND THE SOUTHWEST 42 CORNER OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE NORTH 89'18'46" EAST, 43 PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION, A 44 DISTANCE OF 108 FEET; THENCE NORTH 17013'16" EAST, PARALLEL TO THE EASTERLY 45 RIGHT-OF-WAY LINE OF SAID STATE ROAD NO.5,A DISTANCE OF 49.85 FEET TO A POINT 46 IN A LINE PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST 47 ADDITION, AND 75 FEET NORTHERLY THEREFROM, MEASURED ALONG A LINE 48 PARALLEL TO THE WEST RIGHT-OF-WAY LINE OF THE INTERCOASTAL WATERWAY; 49 THENCE NORTH 89018'46"EAST,ALONG SAID PARALLEL LINE,A DISTANCE OF 44.78 FEET, 50 MORE OR LESS TO A POINT 734.91 FEET WESTERLY FROM, MEASURED ALONG SAID 51 PARALLEL LINE, THE WESTERLY RIGHT-OF-WAY LINE OF SAID INTERCOASTAL 52 WATERWAY, A DISTANCE OF 69.16 FEET TO A POINT IN THE SOUTH LINE OF A PRIVATE 53 ROAD; THENCE NORTH 05026'06" EAST, PARALLEL TO SAID SOUTH LINE OF PRIVATE 54 ROAD;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID PRIVATE ROAD,BEING THE 55 ARC OF A CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 102.47 FEET, A 56 DISTANCE OF 20.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89018'46" WEST 57 PARALLEL TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION, AND 58 ALONG THE SOUTH LINE OF SAID PRIVATE ROAD,A DISTANCE OF 118.42 FEET TO A POINT 59 IN THE EASTERLY RIGHT-OF-WAY OF LINE OF SAID STATE ROAD NO. 5; THENCE SOUTH 60 17013'16"WEST, ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 120 FEET 61 TO THE POINT OF BEGINNING. 62 PARCEL2 63 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE 64 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS 65 FOLLOWS: 66 COMMENCING FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE 67 OF U.S HIGHWAY NO. 1 (STATE ROAD NO. 5) A 100 FOOT RIGHT OF WAY AS 68 SHOWN ON THE FLORIDA DEPT. OF TRANSPORTATION RIGHT OF WAY MAP 69 SECTION 9301-205, WITH THE NORTH LINE OF TRADE WINDS ESTATES FIRST 70 ADDITION, AS RECORDED IN PLAT BOOK 22, PAGE 44, OF THE PUBLIC 71 RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE NORTH 17'13'16"EAST 72 ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 28.52 FEET; THENCE 73 NORTH 89018'46" EAST ALONG A LINE PARALLEL TO, AND 27.14 FEET NORTH 74 OF, AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF TRADE WINDS 75 ESTATES FIRST ADDITION, A DISTANCE OF 90.13 FEET TO THE POINT OF 76 BEGINNING; THENCE CONTINUE NORTH 89018'40" EAST A DISTANCE OF 5.84 77 FEET; THENCE NORTH 11048'40: EAST ALONG THE EAST (WATER SIDE) EDGE 78 OF A CONCRETE SEAWALL, A DISTANCE OF 42.44 FEET; THENCE NORTH 79 88032'42" EAST ALONG THE SOUTH (WATER SIDE) EDGE OF SAID CONCRETE 80 SEAWALL, A DISTANCE OF 44.51 FEET; THENCE NORTH 05026'06" EAST A 81 DISTANCE OF 5.44 FEET; THENCE SOUTH 89018'46" WEST ALONG THE 82 BOUNDARY OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 8002,PAGE 83 740, A DISTANCE OF 44.78 FEET; THENCE SOUTH 17013'16" WEST ALONG THE C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E2A4B3A4-99E7-4928-8AOC-F45558CC6B21\Boynton Beach.12815.1.Good_Stone_LUA_-_Ordinance.Docx Page 1031 of 1161 84 BOUNDARY OF SAID PARCEL, A DISTANCE OF 49.85 FEET TO THE POINT OF 85 BEGINNING. 86 87 88 is amended from Commercial High with the underlying Medium Density Residential MR-5, 89 max density of 5 du/ac (CH/5)to: SPECIAL HIGH DENSITY RESIDENTIAL (SHDR). 90 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 91 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 92 Land Development Regulation Act. No party shall be vested of any right by virtue of the 93 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 94 including appeals, are exhausted. In the event that the effective date is established by state law 95 or special act, the provisions of state act shall control. 96 FIRST READING this day of , 2018. 97 SECOND, FINAL READING and PASSAGE this day of , 2018. 98 CITY OF BOYNTON BEACH, FLORIDA 99 YES NO 100 101 102 Mayor— Steven B. Grant 103 104 Vice Mayor— Christina L. Romelus 105 106 Commissioner—Mack McCray 107 108 Commissioner—Justin Katz 109 110 Commissioner—Joe Casello 111 112 VOTE 113 ATTEST: 114 115 116 117 Judith A. Pyle, CMC 118 City Clerk 119 120 (Corporate Seal) 121 C:Trogram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\E2A4B3A4-99E7-4928-8AOC-F45558CC6B21\Boynton Beach.12815.1.Good_Stone_LUA_-_Ordinance.Docx Page 1032 of 1161 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 GOOD STONE TOWNHOMES FROM COMMERCIAL GENERAL 7 (CG) TO INFILL PLANNED UNIT DEVELOPMENT (IPUD); 8 PROVIDING FOR CONFLICTS, SEVERABILITY, AND AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 12 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 13 WHEREAS,the City of Boynton Beach has made application to rezone land, said land 14 being more particularly described hereinafter, from Commercial General (CG) to INFILL 15 PLANNED UNIT DEVELOPMENT (IPUD); and 16 WHEREAS, the City Commission conducted public hearings as required by law and 17 heard testimony and received evidence which the Commission finds supports a rezoning for the 18 property hereinafter described; and 19 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 20 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing Whereas clauses are true and correct and incorporated 24 herein by this reference. 25 Section 2. The land herein described be and the same is hereby rezoned from 26 Commercial General(CG)to INFILL PLANNED UNIT DEVELOPMENT(IPUD). A location 27 map is attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 28 Description: 29 30 31 PARCEL 1 32 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE 33 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED 34 AS FOLLOWS: 35 FROM THE POINT OF INTERSECTION OF THE WESTERLY LINE OF SAID GOVERNMENT 36 LOT 1 OF SAID SECTION 4 WITH THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD 37 NO. 5, RUN NORTH 17-13'16"EAST,ALONG SAID RIGHT-OF-WAY LINE, 52.55 FEET TO 38 THE POINT IN THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION, C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D21994B-5BFC-4B9C-BC97-3F19C63E0113\Boynton Beach.12816.1.Good_stone_-_Rezone-_Ordinance.docx Page 1033 of 1161 39 ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 22, PAGE 44, OF THE 40 PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE CONTINUE 41 NORTHERLY ALONG THE SAME COURSE,A DISTANCE OF 28.52 FEET TO THE POINT OF 42 BEGINNING AND THE SOUTHWEST CORNER OF THE PARCEL OF LAND HEREIN 43 DESCRIBED; THENCE NORTH 89'18'46" EAST, PARALLEL TO THE NORTH LINE OF SAID 44 TRADE WINDS ESTATES FIRST ADDITION,A DISTANCE OF 108 FEET; THENCE NORTH 45 17013'16"EAST, PARALLEL TO THE EASTERLY RIGHT-OF-WAY LINE OF SAID STATE 46 ROAD NO.5,A DISTANCE OF 49.85 FEET TO A POINT IN A LINE PARALLEL TO THE 47 NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION,AND 75 FEET 48 NORTHERLY THEREFROM, MEASURED ALONG A LINE PARALLEL TO THE WEST 49 RIGHT-OF-WAY LINE OF THE INTERCOASTAL WATERWAY; THENCE NORTH 89018'46" 50 EAST,ALONG SAID PARALLEL LINE,A DISTANCE OF 44.78 FEET, MORE OR LESS TO A 51 POINT 734.91 FEET WESTERLY FROM,MEASURED ALONG SAID PARALLEL LINE, THE 52 WESTERLY RIGHT-OF-WAY LINE OF SAID INTERCOASTAL WATERWAY,A DISTANCE 53 OF 69.16 FEET TO A POINT IN THE SOUTH LINE OF A PRIVATE ROAD; THENCE NORTH 54 05026'06"EAST, PARALLEL TO SAID SOUTH LINE OF PRIVATE ROAD; THENCE 55 WESTERLY ALONG THE SOUTH LINE OF SAID PRIVATE ROAD, BEING THE ARC OF A 56 CURVE CONCAVE TO THE NORTH AND HAVING A RADIUS OF 102.47 FEET,A DISTANCE 57 OF 20.30 FEET TO THE END OF SAID CURVE; THENCE SOUTH 89018'46"WEST PARALLEL 58 TO THE NORTH LINE OF SAID TRADE WINDS ESTATES FIRST ADDITION,AND ALONG 59 THE SOUTH LINE OF SAID PRIVATE ROAD,A DISTANCE OF 118.42 FEET TO A POINT IN 60 THE EASTERLY RIGHT-OF-WAY OF LINE OF SAID STATE ROAD NO. 5; THENCE SOUTH 61 17013'16"WEST,ALONG SAID EASTERLY RIGHT-OF-WAY LINE,A DISTANCE OF 120 62 FEET TO THE POINT OF BEGINNING. 63 PARCEL 2 64 A PARCEL OF LAND IN GOVERNMENT LOT 1, SECTION 4, TOWNSHIP 46 SOUTH, RANGE 65 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED 66 AS FOLLOWS: 67 COMMENCING FROM THE INTERSECTION OF THE EAST RIGHT-OF-WAY LINE OF U.S 68 HIGHWAY NO. 1 (STATE ROAD NO. 5)A 100 FOOT RIGHT OF WAY AS SHOWN ON THE 69 FLORIDA DEPT. OF TRANSPORTATION RIGHT OF WAY MAP SECTION 9301-205,WITH 70 THE NORTH LINE OF TRADE WINDS ESTATES FIRST ADDITION,AS RECORDED IN PLAT 71 BOOK 22, PAGE 44, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; 72 THENCE NORTH 17013'16"EAST ALONG SAID EAST RIGHT OF WAY LINE,A DISTANCE 73 OF 28.52 FEET; THENCE NORTH 89018'46"EAST ALONG A LINE PARALLEL TO,AND 27.14 74 FEET NORTH OF,AS MEASURED AT RIGHT ANGLES TO SAID NORTH LINE OF TRADE 75 WINDS ESTATES FIRST ADDITION,A DISTANCE OF 90.13 FEET TO THE POINT OF 76 BEGINNING; THENCE CONTINUE NORTH 89018'40"EAST A DISTANCE OF 5.84 FEET; 77 THENCE NORTH 11048'40: EAST ALONG THE EAST(WATER SIDE) EDGE OF A CONCRETE 78 SEAWALL,A DISTANCE OF 42.44 FEET; THENCE NORTH 88032'42" EAST ALONG THE 79 SOUTH(WATER SIDE) EDGE OF SAID CONCRETE SEAWALL,A DISTANCE OF 44.51 FEET; 80 THENCE NORTH 05026'06"EAST A DISTANCE OF 5.44 FEET; THENCE SOUTH 89018'46" 81 WEST ALONG THE BOUNDARY OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 82 8002, PAGE 740,A DISTANCE OF 44.78 FEET; THENCE SOUTH 17013'16"WEST ALONG 83 THE BOUNDARY OF SAID PARCEL,A DISTANCE OF 49.85 FEET TO THE POINT OF 84 BEGINNING. 85 86 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D21994B-5BFC-4B9C-BC97-3F19C63E0113\Boynton Beach.12816.1.Good_stone_-_Rezone_-_Ordinance.docx Page 1034 of 1161 87 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 88 accordingly. 89 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 90 Section 5. Should any section or provision of this Ordinance or any portion thereof be 91 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 92 remainder of this Ordinance. 93 Section 6. This ordinance shall become effective immediately upon passage. 94 FIRST READING this day of , 2018. 95 SECOND, FINAL READING and PASSAGE this day of , 2018. 96 CITY OF BOYNTON BEACH, FLORIDA 97 YES NO 98 99 Mayor— Steven B. Grant 100 101 Vice Mayor— Christina L. Romelus 102 103 Commissioner—Mack McCray 104 105 Commissioner—Justin Katz 106 107 Commissioner—Joe Casello 108 109 VOTE 110 ATTEST: 111 112 113 114 115 Judith A. Pyle, CMC 116 City Clerk 117 118 119 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\1D21994B-5BFC-4B9C-BC97-3F19C63E0113\Boynton Beach.12816.1.Good_stone_-_Rezone_-_Ordinance.docx Page 1035 of 1161 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-046 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Director FROM: Hanna Matras, Senior Planner DATE: August 10, 2018 PROJECT: Good Stone Townhomes ANNEX 18-001 / LUAR 18-002 REQUEST: Approve Good Stone Townhomes annexation, Future Land Use Map amendment from Palm Beach County's Commercial High with a maximum density of 5 dwelling units/acre (CH/5) to Special High Density Residential (SHDR), and rezoning from Palm Beach County's Commercial General (CG) to Infill Planned Unit Development (IPUD). PROJECT DESCRIPTION Property Owner/ Applicant: Good Stone, LLC Agent: Christi Tuttle / Miller Land Planning, Inc. Location: Southeast corner of Federal Highway and Chukker Road (Exhibit "All) Existing FLU/ Zoning: Commercial High with the underlying Medium Density Residential MR-5, max density of 5 du/ac (CH/5) / Commercial General (CG) - Palm Beach County Proposed FLU/ Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD); see Exhibits "B" and "C" Acreage: 0.30 acres Page 1036 of 1161 Page 2 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 Proposed Use: Four townhomes Adjacent Uses: North: Right-of-way for Chukker Road and farther north, a developed multifamily residential community (Waterside), classified Local Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); South: Developed single-family home, classified Commercial High with max density of 5 du/ac (CH/5) and zoned RS, Single-Family Residential ( Palm Beach County); East: On the north east, developed single-family home, classified Medium Residential (MR-5) and zoned RM, Multi-Family Residential (Palm Beach County); on the south east, a finger canal leading to the Intracoastal Waterway; West: Right-of-way for North Federal Highway; farther west, residential community of Seaborne Cove, classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD). BACKGROUND The subject 0.30 acre parcel, presently vacant, is located within the 31-acre unincorporated county pocket east of Federal Highway at the southern edge of the City. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County's designations in order to develop the property with four (4) three-story townhomes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. Preliminary review of the proposed annexation by staff indicates that it meets the statutory conditions: the parcel is contiguous to the City boundary and "reasonably compact" in that it does not create enclaves or pockets—on the contrary, it reduces the existing county pocket. Voluntary annexations are regulated by Chapter 171.044, Florida Statutes; additional directions regarding the process are contained in the Palm Beach County Ordinance 2007- 018. Pursuant to these requirements, on April 27, 2018 staff sent a notification of the proposed annexation to the Palm Beach County Administrator and Planning Director. County staff and service delivery agencies reviewed the application and have not identified any inconsistencies with Chapter 171 (Exhibit ""D".) Note that the County will not require the City to assume ownership of Chukker Road as a prerequisite for 2 Page 1037 of 1161 Page 3 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 annexation. If annexation is approved, the property will be considered for inclusion in the Community Redevelopment Area. The adjustment to the CRA boundary is being processed concurrently. REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.B and D.3: a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. The subject FLUM reclassification and rezoning are requested in conjunction with a privately-initiated annexation, which requires concurrent applications for same. The proposed City's FLUM category and zoning district differ significantly from the property's existing Palm Beach County's classification and zoning in that it does not allow commercial uses and permits much higher residential density-20 du/acre versus 5 du/acre. The residential-only SHDR proposed for the property is consistent with the FLUM classification of the nearby communities within the City; moreover, the property abuts residential uses in the unincorporated County to the east and south, which further justifies the choice of residential-only classification (see also responses to criteria "b" and "c'). b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with Comprehensive Plan/CRA Community Redevelopment Plan Firstly, the FLUM amendment and rezoning are requested in conjuction with annexation, which is encouraged by the Comprehensve Plan's Land Use Element's Objective 1.15, especially if it contributes to the reduction of an existing county pocket. Objective 1.15 The City will continue to expand through annexation of enclaves, pockets and other contiguous properties. The concurrent FLUM amendment and rezoning are required per Policy 1.15.3- 3 Page 1038 of 1161 Page 4 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 Policy 1.15.3 The City shall require that property owners requesting annexation into the City concurrently apply for land use amendment and rezoning to the City's land use classification and zoning district. The CRA Community Redevelopment Plan does not provide future land use recommedations for lands in the unincorporated Palm Beach county which abut the CRA boundary and which may be annexed to the City and included in the CRA in the future. Nevertheless, the proposed SHDR future land use category for the subject property may be construed to be consistent with the intent of the Plan, which recommends SHDR for the nearby City communities north and west of the subject property—the FLU designation that they already have. Even though the Plan recommends Mixed Use Low (MXL) FLU category for three already annexed areas south of Turner Road on the east side of Federal Highway, staff opines that arguments supporting the proposed residential-only SHDR are stronger, including the above mentioned proximity of the SHDR-classified lands as well as the residential character of the neighborhood abutting the property to the east and south. Consistency with Land Development Regulations (LDR) The application for the new site plan complies with the regulations and intent of the IPUD zoning district. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. The proposed FLU and zoning district would not be contrary to the established land use pattern or create an isolated zoning district, nor would it constitute a grant of special privilege to an individual property owner. The predominant land use in the area is residential and, as stated in response to criterion "b," the developments north and west of the subject property within the City carry the same FLU classification and zoning designation as requested by the applicant. Also note that the the property's current County FLU of Commercial High Uses and, specifically, zoning district of Commercial General is to "encourage the development of intensive commercial uses providing a wide range of goods and services, with access from a collector or arterial street and services a consumer market of at least a three mile radius." Arguably, although the subject property fronts on an arterial, it is too small to accommodate uses as described above (PBC Unified Land Development Code), and the presence of the single-family neighborhood abutting the property on the east would be a strong argument against commercial uses. 4 Page 1039 of 1161 Page 5 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed FLUM amendment and rezoning does not meet the sustainability characteristics except for access to public transportation (the Palm Tran bus routes along Federal Highway). The proposed FLU and zoning do not allow commercial uses; as per the response to criterion "c," the parcel is too small to accommodate a mix of (complementary) uses. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer.The Utilities Department has confirmed long-term capacity availability for potable water and sewer at the maximum density and intensity allowed under the requested land use classification and zoning designation. Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact will be reviewed as part of the site plan. The School Capacity Availability Determination (SCAD) for PBC School District. The district's review of the SCAD letter submitted by the applicant conluded that the proposed development will have negative impact on the public school system. In order to address the school capacity deficiency at the high school level, the property owner is required to contribute $11,827 to the School District of Palm Beach County prior to issuance of the first building permit. This school capacity contribution is intended to supplement the required school impact fee. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and 5 Page 1040 of 1161 Page 6 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. The response to the criterion "1(1)" is similar to the one provided in discussion of criteria "a," "b" and "c": the developments north and west of the subject property within the City carry the same FLU classification and zoning designation as requested by the applicant. The proposed FLU and zoning district will support a residential project in the area dominated by residential uses; moreover, the project design will be sensitive to the character of the abutting single-family neighborhood to the east. The values of adjacent and nearby properties are unlikely to be negatively affected (note, again, that the parcel could have been developed with a commercial use under the County's zoning.) g. Direct Economic Development Benefits. For rezoning/FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage,- (5) age,(5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. Since the proposed FLU amendment/rezoning will support a small residential project of four townhomes, the main economic development benefit of this action will be the project's contribution to the City's tax base. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and 6 Page 1041 of 1161 Page 7 Good Stone Townhomes ANNEX 18-001 /LUAR 18-002 (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. As already discussed earlier is this report, the residential future land use and zoning is appropriate for the subject property. Even though its current County's FLU supports commercial development, its small size has likely been a chief factor behind the lack of investors' interest. The presence of developed single-family homes east and south of the property was likewise not conducive to commercial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. N/A. The FLUM and rezoning requests are being considered in conjunction with annexation. j. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. The application for the new site plan complies with the regulations and intent of the IPUD zoning district. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed annexation, future land use amendment and rezoning and determined that they are consistent with the policies of the Comprehensive Plan, and the proposed annexation reduces the size of the PB County unincorporated pocket. Therefore, staff's recommends approval of the subject requests. SAP Ian ning\SHARE D\WP\PROJECTS\Goodstone Townhomes\LUAR 18-002\LUAR 18-002 Good Stone Townhomes Staff Report.docx 7 Page 1042 of 1161 LOCATION MAP EXHIBIT A a �� {4' kf �Waterside' Cir { t rz f a � rne�, R y "f h4 � LEGEND um City boundary 012. 5 161 EXHIBIT B GOOD STONE TOWNHOMES LUAR 18-002: FLU AMENDMENT } sssr; f 1 I -� Waterside Cir �r { � � Chukker�Rd i — i1St a � il�1�tx�tV� s�(� I}'�'tl���rst�lt�����r� t t S t F' c 'yf e � t i n } LEGEND MIMI City boundary IN Special High Density Residential (SHDR) FLU . - 012. 5 �n75�n1 Local Retail Commercial (LRC) FLU 161 EXHIBIT C GOOD STONE TOWNHOMES LUAR 18-002: REZONING � a 1 f ,>' } , -.»1, , r:= ,l tIrl 1 -•2, �I II ,, 11 ,-. 1 t;, , t } ,.5- ., .r}✓1 , ,... .., _ .�.t 13 ,.v.i1t )tl{4 1.�t�� -: .1 11 i l (�fl�� 1�,.., -rt 35 t� » I 4 ..., ,,,,, „r, , „s.r <,,,,.,,, t. ;.<•4 t (3.., .141 ,ii -:rl i il,.lt.i, ,.�: �,,. i (1t. II 31 ,II 1. I .:, 1c: .t 1 .Sill , , Z. t\ 4 r I sr 1 t; , , ,r{!i 4 r 1 � • , � +,,{ t�r31 tt+3)11}}lG,�l�1��lll r�3u /,(sal��1��1 l�l��, jl t t rttt , t 4 ��r ; � kker�Rd p r 1, 3 , 1 v 1 , 1 t 11 1 , > t 1 2 r I III . l F 1111 s } II 4 - tl4 ) !:r — _) 3 ,� 1r, 1,fi 11 >� II j 1: 11 �4l�l�Illllh �t tfl)Il 11111 ,,; 'S111i1 't3i,,3 i+�!)hijlll,tl�s�, ��r�l 1}1311111111111111111111 S 1'c1 ! j3j��1111,ytI1111111111111111111111111111111�Ilh�ul�3r,��0����13r1111 � Il,lllf�#flit}7 1� 11�il�� IIx 11 � !!)211},:�, 14{ ��,Il� j I�;{l- ..- -- - - _ — - ,• _ ;- ,s, e a i -a: 1 1l:f.. : , r ,trrat n - „ 1 a f 1t, t 4 F I I t — i t , LEGEND City boundary {Irllrl111111uu1,;;; IPUD zoning district PUD zoning district 012. 5@��161 C-3 zoning district Exhibit D �LORI9�' r2F May 22, 2018 Department of Planning, Zoning&Building 2300 North Jog Road Michael Rumpf West Palm Beach,FL 33411-2741 (561)233-5000 Planning and Zoning Director City of Boynton Beach Planning Division 233-5300 100 E. Boynton Beach Boulevard Zoning Division 233-5200 Boynton Beach, FL 33425-0310 Building Division 233-5100 Code Enforcement 233-5500 RE: Proposed Anilexation Good Stone LLC; 2018-08-001 Contractors Certification 233-5525 Administration Office 233-5005 Executive Office 233-5228 Dear Mr. R �Pf www.pbcgov.comlpzb Thank you for providing the County advance notice and the opportunity to review the annexation'summarized below. Name Description Palm Beach County Good tone C Acres: 0.30 Board of County Location: Southeast corner of N. Federal Hwy and Chukker Rd Commissioners Melissa McKinlay,Mayor 2018-08-001 1St Reading: 7/17/2018 2nd Reading: 8/7/2018 Mack Bernard,Vice Mayor The proposed annexation was processed through the County's Annexation Review Hal R.Valeche Process. County staff and service delivery agencies reviewed the proposed annexation. After review, County staff has not identified any inconsistencies with Paulette Burdick Chapter 171, Florida Statutes. The Engineering Department requests that the City Dave Kerner protect the ultimate right-of-way for Federal Highway. Also, the City should assume Steven L.Abrams ownership of Chukker Road. Mary Lou Berger If you have questions regarding the Department of Engineering comments, contact Tammy Lee at 561-684-4019. For any other comments or questions, please contact Patricia Behn, Deputy Planning Director, at 561-233-5332. Sincerely, County Administrator Verdenia C.Baker Lorenzo Aghe o Planning Dire for cc: The Honorable Steven L.Abrams, District 4 Commissioner Lori LaVerriere,City Manager, Boynton Beach Faye W.Johnson,Assistant County Administrator Hanna Matras,Senior Planner,Boynton Beach Patrick Rutter, PZ&B Executive Director Patricia Behn, PBC Deputy Planning Director "An Equal opportunity Ramsay Bulkeley, PZ&B Deputy Director Tammy Lee,PBC Engineering Dept. Affirmative Action Employer" Bob Banks,AICP,Chief Land Use County Attorney 4�D printed on sustainable t:\planning\intergovernmental\annexations\2018 fiscal year\letters\bb-good stone Ilc-may2018.�phbe 1 046 of 1161 Fj and recycled paper r 8.B. PUBLIC HEARING 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve Good Stone Townhomes New Site Plan (NW SP 18- 001) to allow construction of a multi-family residential project consisting of four (4), three-story townhomes totaling 12,180 square feet and related site improvements, located on the southeast corner of Federal Highway and Chukker Road. This request is in coordination with applications for Annexation, Future Land Use Amendment, and Rezoning. Applicant: Good Stone, LLC. (Applicant requests tabling to October 2, 2018) EXPLANATION OF REQUEST: Bradley Miller, representing Good Stone, LLC, is requesting New Site Plan approval to construct a multi- family residential project consisting of four (4), three-story townhomes totaling 12,180 square feet and related site improvements. Approval of this request is subject to the approval of the corresponding applications for Annexation, Future Land Use Amendment, and Rezoning. The site area of the project is 0.30 acre. The four (4) dwelling unit townhome building is located along Federal Highway with the front porches facing the street and the private garages internal to the site. Of the four residential units, two are three-bedroom units and two are four-bedroom units. The project proposes a communal recreation space along the water front. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Staff has reviewed the plan set and recommends approval, subject to the attached Conditions of Approval. The Planning and Development Board recommended approval of the project at the August 28, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Additional revenues received from the permit and certificate of use applications, as well as the increased valuation of the property. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Page 1047 of 1161 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report (NW SP 18-001) D Location Map ExhibitA: Location Map D Drawings Exhibit B: Plans D Conditions of Approval Exhibit C: Conditions of Approval D Development Order Development Order Page 1048 of 1161 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-053 STAFF REPORT TO. Chair and Members Planning and Development Board THRU: Ed Breese Planning & Zoning Administrator FROM: Amanda Bassiely, Senior Planne DATE: July 23, 2018 PROJECT: Good Stone Townhomes ( NWSP 18-001) REQUEST: New Site Plan approval for multi-family residential townhomes consisting of four (4) dwelling units within a three (3)-story building and associated recreational amenities and parking on a 0.30 acre property. PROJECT DESCRIPTION Property Owner: Good Stone, LLC Applicant: Good Stone, LLC Agent: Christi Tuttle / Miller Land Planning, Inc. Location: Southeast corner of North Federal Highway and Chukker Road (Exhibit "A") Existing FLU/Zoning: Commercial High with the underlying Medium Density Residential MR-5, max density of 5 du/ac (CH/5) Commercial General (CG) - Palm Beach County Proposed FLU/Zoning: Special High Density Residential (SHDR) / Infill Planned Unit Development (IPUD); see Exhibits "B" and "C" Acreage: 0.30 acres Proposed Use: Four(4) townhomes Page 1049 of 1161 Page 2 Good Stone Townhornes NWSP 18-001 Adjacent Uses: North: Right-of-way for Chukker Road and farther north, a developed multifamily residential community (Waterside) classified Special High Density Residential (SHDR) and zoned Infill Planned Unit Development (IPUD); South: Developed single-family home, classified Commercial High with max density of 5 du/ac (CH/5) and zoned RS, Single-Family Residential (Palm Beach County); East: On the north east, developed single-family home, classified Medium Residential (MR-5) and zoned RM, Multi-Family Residential (Palm each County); on the south east, a finger canal leading to the Intracoastal Waterway; West: Right-of-way for Federal Highway; farther west, residential community of Seaborne Cove, classified Special High Density Residential (SHDR) and zoned Planned Unit Development (PUD). PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND The subject 0.30 acre parcel, presently vacant, is located within the 31-acre unincorporated county pocket east of Federal Highway at the southern edge of the City. The applicant seeks to annex the parcel and obtain the City FLUM classification and zoning district to replace its current Palm Beach County's designations in order to develop the property with four (4) three-story townhomes. Annexation, FLUM amendment, rezoning and the new site plan are processed concurrently. BACKGROUND Proposal: Miller Land Planning, Inc., agent for the applicant of several concurrent applications for the development of the Good Stone Townhomes project, is requesting to be annexed into the City of Boynton each from Palm each County with concurrent Land Use/Re-Zoning Amendment and New Site Plan application approvals. The parcel is currently designated with Commercial 2 Page 1050 of 1161 Page 3 Good Stone Townhomes NWSP 18-001 High (CH/5) Land Use and General Commercial Zoning (CG) within Palm Beach County. The applicant is requesting a Future Land Use designation of Special High Density Residential (SHDR) with a maximum of 20 units per acre and Rezoning to Infill Planned Unit Development (IU ). The applicant is also requesting approval of a New Site Plan for the proposed development consisting of one building with four three-story townhomes totaling 12,180 square feet, parking, and site amenities. ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project does not have significant peak hour traffic impact on the roadway network and therefore meets the Traffic Performance Standards of Palm Beach County. School: The School District of Palm each County review of the School Capacity Availability Determination letter submitted by the applicant concluded that the proposed development will have negative impact on the public school system. In order to address the school capacity deficiency at the high school level, the property owner is required to contribute $11,827 to the School District of Palm each County prior to issuance of the first building permit. This school capacity contribution is intended to supplement the required school impact fee. Utilities: The City's water capacity would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Page 1051 of 1161 Page 4 Good Stone Townhornes NWSP 18-001 Access: One (1) point of ingress/egress is proposed for the project along Chukker Road. This two-way driveway serves as the only point of access to the four(4) townhome development. Sidewalks are provided along both right-of-ways, with the sidewalk proposed along Federal Highway at a minimum of eight (8) feet in width and five (5) feet in width along Chukker Road. The sidewalk along Federal Highway is proposed to be lined with landscaping and the front porches of the four (4) proposed townhomes. Parking: Off-street parking for the IPUD zoning district requires two (2) parking spaces for two or more bedroom units. The project proposes four, three-bedroom units, which would require eight (8) parking spaces. Additionally, the code requires the provision of guest parking at a rate of 0.15 spaces per unit, which adds one (1) parking space to the total of nine (9) required parking spaces. The site plan proposes 12 parking spaces, or an excess of three (3) spaces. Three of the units have two-car garages and one unit has a one-car garage. The remaining spaces are located in a surface parking area at the northeastern portion of the site. Landscaping: The Plant List (Sheet L-2) indicates that the project would add a total of 43 canopy and palm trees, 143 accent and shrub specimens, and 690 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Live Oak, Crepe Myrtle, and Green Buttonwood. Palm species would include Coconut Palm, Cabbage Palm, Alexander (triple trunk) Palm, and Areca Palm. The Areca Palms are placed along the south and east property lines to provide a buffer against the single-family neighborhood. Additional planting in the east buffer include existing mature seagrape plants. Projects proposed in the Federal Highway District of the Community Redevelopment Area are encouraged to have a streetscape design which reduces building setbacks and encourage building placement abutting the street, thus creating an urban setting. The purpose being to create a landscape design that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seatwalls, lighting, accent plantings). The landscape design proposed by the applicant 4 Page 1052 of 1161 Page 5 Good Stone Townhornes NWSP 18-001 depicts the use of street trees, wide paver sidewalks, and front porches along the building and between the street and sidewalk, in an effort to provide maximum clear pedestrian pathways. Building and Site: The site area of the project is 0.30 acre. The four (4) dwelling units are located along Federal Highway with the front porches facing the street and the private garages internal to the site. Of the four residential units, two are three-bedroom units and two are four- bedroom units. Each unit also has a balcony or terrace that either faces towards Federal Highway or towards the Intracoastal Waterway. Building Height: The maximum building height allowed in the IPUD zoning district is 45 feet. The proposed building elevations depict the typical median height of the pitched roof at 33 feet, comparable with the 30 foot maximum height allowed within the City's single-family zoning districts. Setbacks: The IPUD zoning district has flexible setback requirements. However, development along Federal Highway has a zero (0) foot build-to line. The building setbacks may be increased up to 15 feet, without benefit of a community design appeal, in areas where the intent is to 1) enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2) optimize landscape design; 3) maximize on-site drainage solutions; and/or 4) accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway, the proposed building setback along the length of the building is 11.3 feet. Along Chukker Road, the building setback is 13.2 feet; from the southern property line the building is setback 10.6 feet; and from the eastern property line the building is setback a minimum of 30.5 feet from the finger canal, ranging to approximately 70 feet to the single-family structure to the east. Amenities: As noted above, the building is setback from the eastern property line along the Intracoastal waterway. Within this setback the project proposes a communal recreational space along the water front. The recreation area includes open green areas, a deck, bench, and a trellis covering the proposed BBQ area. Design: The proposed building has a Mediterranean design, featuring a smooth stucco finish, terra cotta color 's' roof tile, decorative cornices and banding, arched windows and porte cocheres, modulation of the facades, balconies with decorative aluminum 5 Page 1053 of 1161 Page 6 Good Stone Townhornes NWSP 18-001 railings, and an earth tone color palette. Lighting: The photometric plan (Sheets A-6) includes 11 wall-mounted fixtures placed 7.5 feet in height, all of which would have a bronze finish and designed to match the architecture of the building. There are no pole lights proposed. The on-site illumination would not "spill over" onto adjacent properties and rights-of-way as required by code. There are no spot readings in excess of the maximum 5.9 foot-candles. Signage: A site sign is proposed along Federal Highway, setback ten feet from the property line. Signage design has not been finalized at this time. The design will need to be submitted for staff review and approval prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is subject to the Art in Public Places requirement, and the applicant has been in discussions with the Public Arts Administrator regarding the art and its placement. The proposed location and description of the art will be reviewed by the Public Arts Commission. According to the proposed construction estimates, the project would have an art budget of approximately $11,088. RECOMMENDATION Staff has reviewed this request for a new site plan and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\PIa n n i ng\S HARE D\WP\PROJ ECTS\Good stone Townhomes\NWSP\StaffReport\NWSP 18-001 Staff Report—Good Stone.docx 6 Page 1054 of 1161 EXHIBIT "A„ 04/23/2018 PROPOSED ANNEXATION „ w r fi t+Y' s u r 31 i- 1 } i st F } k was Chukker Rdp `'`` frz �# tttF - )l nF � - t } \�41t1 r trtt � �111i1Gr s� 4 1ylQ S� } "Up LEGEND t k 1 �3 ti r 4 rdRd 4� t � r LEGEND mimm City boundary 0 15 30 60 90 120 F@9 of 1161 Z _ U lz'43ee9 uoauAogw Z Z oda _ z u» O CCw a :7 Sauaoyunnol auoJS pooh LJ� u,m_ ac0�a o a a AdMH 4y3a'3 EXHIBIT BIT 11B1� }Em w � �2 3E o e m o o= �a� gad a v r -39� sEc� a� Pd s�H� °'12r aNv7 aaiiv7dNn � a a yam x W ze - All �9092.SOS�— O Olo - Z sya – W � 6 Q z �ll b 26 I M.Ob w o P a u o N > m m Z Uc a m� "av 100 - o N� z co x w o w _ m o w w , w 0.00 'a u' 0 e Oo z a � a.IM,a 8660[ y o Qlfy,g m X00 y�/ N ��+My��tara^�s � b3atia oZ ao K26pSI[,y �LL l(OE'6 ON b/p�/N z Noo NO/-�O �ab7 � ;sea ��-fiL/ 3s dbWO�bi � V�,ry ea � �. d°3 4Jpa8 Uo�S 071 w Page 1056 of 1161 r m i �w 4 R s- -s � m I 8 V �l e Z L N« i �n n y C E IfTll - �—' Dp D D � ma• .� frmg �� �s^ � s � $s w o 3 Qm W 3 O oB �fl"� �8V ro IQ1 6 o �" dd 88 8888 @388 83 83 as 88 T (D 7`m Page 1057 of 1161 x � n o A " z _ - o " m yo - D IM D P r 0 IM A A no no 8m moo° no m m o �o �o ,o N° n �A AA A "To ° '° " A 9 9 A A A mm0 m m m A m m Nm Nx y 0 oG oo n n " 000 0 0 000 o ❑ ❑ o ❑ ❑ oo� 'Do00 o ❑ OkE o ry � W oo n 0 n m m m(n � N o M frr'I o o G o D m O 0z z W W p O 0 � IIS IIS � I� Ie 0 o Im �Io r I D _ o n z 10 _� o 10 m 58 of 1161 777 n --- F - AF -10 0 z CD- - - - o 0 loo 00 D 0. m r A FP r 1. Z o 0 0 DD o J J� o N D O D D M im ADD m D O O z z m r Oz z O O alp Ig I� I� I� �I8 oDz 1 v _ �a "' _ o m 59 of l l61 I _ Q - ! y _ % \ � 4 / � 4 § z� � . . . . z ( { : ¥ \ \ � \ � /\ ci \ \ {} fib- \ \ \ \ ~^ \ \ } \ ol )A : d) /%q2 f \ \ } }o \\ EXHIBIT C Conditions of Approval Project Name: Good Stone Townhomes File number: NWSP 18-001 Reference: 31d review plans identified as a New Site Plan with an August 3, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. All previous comments addressed at DART meeting. 1. At time of permitting, provide an access easement over the portions X of the sidewalk along Federal Highway and along Chukker Road that are built within the property. FIRE Comments: None. All previous comments addressed at DART meeting. POLICE Comments: None. All previous comments addressed at DART meeting. BUILDING DIVISION Comments: None. All previous comments addressed at DART meeting. PARKS AND RECREATION Comments: 2. Park impact fees will be required at time of building permit. X PLANNING AND ZONING Comments: 3. Coordinate with Palm Tran to relocate the existing bus stop further X south. 4. At time of permitting, provide details of all proposed signage. X 5. At time of permitting, provide details of the proposed trellis. X 6. At time of permitting, update the photometric calculations to X Page 1061 of 1161 Good Stone Townhomes (NWSP 18-001) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT accurately reflect the revisions to the site plan. 7. Approval of this New Site Plan application is subject to the approval X of the corresponding Annexation, Future Land Use Amendment, and Rezoning. 8. The Good Stone Home Owners Association documentation shall X restrict the use of garages to vehicular storage. COMMUNITY REDEVELOPMENT AGENCY Comments: None. All previous comments addressed at DART meeting PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: 9. Incorporate a minimum of one third of the ground cover plant species X to be butterfly friendly plants. 10. Improve the right-of-way of Chukker road along the Good Stone X project to address any existing flooding issues. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Goodstone Townhomes\NWS P\StaffRe po rt\Exhibit C-NWSP 18-001 COA.doc Page 1062 of 1161 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Good Stone Townhomes (NWSP 18-001) APPLICANT: Good Stone, LLC APPLICANT'S ADDRESS: 1 Sunset Lane, Pompano Beach, FL 33062 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2018 APPROVAL SOUGHT: Request for approval of a New Site Plan for the construction of a multi-family development consisting four (4) three (3)-story townhomes, parking, and related site improvements. LOCATION OF PROPERTY: Southeast corner of South Federal Highway and Chukker Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant X HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby X GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Goodstone Townhomes\NWSP\StaffReport\NWSP18-001_DO.doc Page 1063 of 1161 8.C. PUBLIC HEARING 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-027- FIRST READING -Approve Arden Park abandonment (ABAN 18-002) allowing the abandonment of the unimproved, 10.2-foot wide alley running north/south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. Applicant: Michael Simon, CRA Executive Director. - (Due to advertising deadlines item tabled to October 16, 2018). EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon the unimproved 10.2-foot wide alley right-of-way (ABAN 18-002) running north/south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. The CRA is requesting the abandonment as the abutting property owner, along with the City of Boynton Beach, which owns the remainder of the property that abuts the west side of the subject alley. The subject abandonment is in preparation for a potential redevelopment project, which involves accommodating the relocation of the Community Caring Center from a parcel within the proposed Cottage District redevelopment project to the parcels owned by the CRA and City. Staff has reviewed the request and recommends approval, subject to the attached Conditions of Approval. The Planning and Development Board recommended approval of the item at the August 4, 2018 meeting. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Abandonment of the alley reduces the City's maintenance responsibility associated with the unimproved alley, and places the land on the tax roll. FISCAL IMPACT: The abandoned alley will be placed on the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Page 1064 of 1161 Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance Arden Park D Staff Report Staff Report D Location Map Location Map D Drawings Sketch & Legal Description D Conditions of Approval Conditions of Approval D Development Order Development Order Page 1065 of 1161 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING ABANDONMENT OF THE UNIMPROVED 10.2- 5 FOOT WIDE ALLEY RUNNING NORTH AND SOUTH FROM 6 NORTHEAST 9TH AVENUE, FOR A DISTANCE OF 7 APPROXIMATELY 148 FEET, MORE PARTICULARLY 8 DESCRIBED HEREIN, SUBJECT TO STAFF COMMENTS; 9 AUTHORIZING THE CITY MANAGER TO EXECUTE A 10 DISCLAIMER, WHICH SHALL BE RECORDED WITH THIS 11 ORDINANCE IN THE PUBLIC RECORDS OF PALM BEACH 12 COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE DATE. 13 14 15 WHEREAS, the Boynton Beach Community Redevelopment Agency, Applicant, 16 is requesting to abandon the unimproved 10.2-foot wide alley running north and south 17 from Northeast 91h Avenue, for a distance of approximately 148 feet, to the south end of 18 Lot 2 of the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad 19 Avenue, subject to staff comments; and 20 21 WHEREAS, comments have been solicited from the appropriate City 22 Departments, and public hearings have been previously held before the City's Planning & 23 Development Board, and the City Commission on the proposed abandonments; and 24 25 WHEREAS, staff has determined that the subject portions of the right-of-way 26 requested to be abandoned does not adversely impact traffic, or affect other adjacent 27 property owners and therefore no longer serves a public purpose, and the City 28 Commission adopts that finding. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION 31 OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: 32 33 Section 1. The foregoing Whereas clauses are true and correct and 34 incorporated herein by this reference. 35 36 Section 2. The City Commission of the City of Boynton Beach, Florida, does 37 hereby abandon the unimproved 10.2-foot wide alley running north and south from 38 Northeast 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 39 of the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue , 40 subject to staff comments. The property being abandoned is more particularly described 41 as follows: 42 43 A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, 44 AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF 45 PALM BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE 46 PARTICULARLY DESCRIBED AS FOLLOWS: 47 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9E1798CD-DCCA-430E-BA13-4C7B8BDCD4B4\Boynton Beach.12808.1.Arden_Park_- -Abandonment - Ordinance.doc Page 1066 of 1161 48 BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE 49 S89054'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST 50 9TH AVENUE, BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 10.30 51 FEET TO THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT; THENCE 52 N07053'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER 53 OF LOT 155 OF SAID PLAT; THENCE CONTINUE N07053'54"E FOR A 54 DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 154 OF 55 SAID PLAT; THENCE CONTINUE N07053'54"E FOR A DISTANCE OF 47.38 56 FEET TO THE NORTHEAST CORNER OF LOT 154 OF SAID PLAT; THENCE 57 S89054'00"E, ALONG THE NORTH LINE OF SAID PLAT FOR A DISTANCE OF 58 10.30 FEET TO THE NORTHWEST CORNER OF LOT 153 OF SAID PLAT; 59 THENCE S07053'54"W FOR A DISTANCE OF 47.34 FEET TO THE 60 SOUTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE CONTINUE 61 S07053'54"W FOR A DISTANCE OF 50.50 FEET TO THE SOUTHWEST 62 CORNER OF LOT 152 OF SAID PLAT; THENCE CONTINUE S07053'54"W FOR 63 A DISTANCE OF 50.50 FEET TO THE POINT OF BEGINNING. 64 65 Section 3. The City Manager is hereby authorized and directed to execute the 66 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 67 Records of Palm Beach County, Florida. 68 69 Section 4. This Ordinance shall take effect immediately upon passage. 70 71 FIRST READING this day of , 2018. 72 73 SECOND, FINAL READING AND PASSAGE this day of 74 , 2018. 75 76 CITY OF BOYNTON BEACH, FLORIDA 77 YES NO 78 79 Mayor— Steven B. Grant 80 81 Vice Mayor— Christina L. Romelus 82 83 Commissioner—Mack McCray 84 85 Commissioner—Justin Katz 86 87 Commissioner—Joe Casello 88 89 VOTE 90 ATTEST: 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9E1798CD-DCCA-430E-BA13-4C7B8BDCD4B4\Boynton Beach.12808.1.Arden_Park_- -Abandonment - Ordinance.doc Page 1067 of 1161 96 (Corporate Seal) CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9E1798CD-DCCA-430E-BA13-4C7B8BDCD4B4\Boynton Beach.12808.1.Arden_Park_- -Abandonment - Ordinance.doc Page 1068 of 1161 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach, Florida, does hereby abandon the unimproved 10.2-foot wide alley running north and south from Northeast 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between Northeast 3rd Street and Railroad Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A PORTION OF THE PLAT OF ARDEN PARK ADDITION TO BOYNTON FLA, AS RECORDED IN PLAT BOOK 02, PAGE 96, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING AN ALLEY 10.20' WIDE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF LOT 151 OF SAID PLAT, THENCE S89°54'02"W, ALONG THE NORTH RIGHT OF WAY LINE OF NORTH EAST 9TH AVENUE, BEING THE BASIS OF BEARINGS, FOR A DISTANCE OF 10.30 FEET TO THE SOUTHEAST CORNER OF LOT 156 OF SAID PLAT; THENCE N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 155 OF SAID PLAT; THENCE CONTINUE N07°53'54"E FOR A DISTANCE OF 50.50 FEET TO THE SOUTHEAST CORNER OF LOT 154 OF SAID PLAT; THENCE CONTINUE N07053'54"E FOR A DISTANCE OF 47.38 FEET TO THE NORTHEAST CORNER OF LOT 154 OF SAID PLAT; THENCE S89°54'00"E, ALONG THE NORTH LINE OF SAID PLAT FOR A DISTANCE OF 10.30 FEET TO THE NORTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE S07053'54"W FOR A DISTANCE OF 47.34 FEET TO THE SOUTHWEST CORNER OF LOT 153 OF SAID PLAT; THENCE CONTINUE S07053'54"W FOR A DISTANCE OF 50.50 FEET TO THE SOUTHWEST CORNER OF LOT 152 OF SAID PLAT; THENCE CONTINUE S07053'54"W FOR A DISTANCE OF 50.50 FEET TO THE POINT OF BEGINNING. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2018. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9E1798CD-DCCA-430E-BA13-4C7B8BDCD4B4\Boynton Beach.12808.1.Arden_Park_-_Abandonment_ Ordinance.doc Page 1069 of 1161 Beach, Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2018. NOTARY PUBLIC, State of Florida My Commission Expires: CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\9E1798CD-DCCA-430E-BA13-4C7B8BDCD4B4\Boynton Beach.12808.1.Arden_Park_-_Abandonment_ Ordinance.doc Page 1070 of 1161 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-049 TO: Chair and Members Planning & Development Board FROM: Ed Breese Planning & Zoning Administrator DATE: August 7, 2018 SUBJECT: Request for abandonment of the unimproved 10.2-foot wide alley running north/south from NE 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3,d Street and Railroad Avenue (ABAN 18-002).Applicant: Michael Simon, CRA Executive Director. NATURE OF REQUEST Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon (ABAN 18-002)the unimproved 10.2-footwide alley running north/ south from NE 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3,d Street and Railroad Avenue (see Exhibit"A"— Location Map). The CRA is requesting the abandonment as the property owner, along with the City of Boynton Beach, abutting the alley on the west side for its entire distance, in preparation of a potential redevelopment project, which would relocate the Community Caring Center from a parcel within the proposed Cottage District redevelopment project to the parcels owned by the CRA and City. There are two (2) other property owners abutting the alley on the east side consisting of a total of three (3) lots, two (2) of which are vacant parcels. For greater detail of the abandonment request, please refer to Exhibit "B"— Legal Description & Sketch. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Developed commercially-zoned property(Church),zoned C2 (Neighborhood Commercial); South: Right-of-way for NE 9th Avenue, then farther south warehouse structures and storage lot zoned M-1 (Industrial); East: Three (3) parcels, two (2) vacant, zoned C2 (Neighborhood Commercial), then farther east right-of-way for Railroad Avenue; and West: Vacant parcels owned by the CRA and City, zoned C2 (Neighborhood Commercial), then right of way for NE 3 d Street, and father west vacant residential properties, zoned R-2 (Duplex); Page 1071 of 1161 Page 2 Memorandum No. PZ 18-049 ABAN 18-002 BACKGROUND The applicant is requesting to abandon the unimproved 10.2-foot wide alley running north /south from NE 91h Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 31d Street and Railroad Avenue. The abandonment request will facilitate the potential relocation of the Community Caring Center to properties located on the west side of the alley owned by the CRA and City, freeing up land within the Cottage District for a larger CRA initiated redevelopment plan. Typically,when a right-of-way, such as this unimproved alley, is abandoned, the abandoned land is transferred in equal portions from the general public to the abutting property owner(s) per State Statute. There are usually property owners on each side which would be affected by an abandonment request, and as a result one-half of the right-of-way is conveyed to those abutting one (1) side and the other half is conveyed to those abutting the other side. As this alley falls completely within the Arden Park plat, that would be the situation in this case, and the underlying land would be divided equally amongst the property owners on the east and west side of the platted alley, again, with the retention of a utility easement for the existing facilities. ANALYSIS Owners of properties within 400 feet of the subject site were mailed a notice of this request and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the provision of the necessary easements for the existing utilities. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. AT & T No objection w/ provision of necessary easements and relocation of utilities at developer's cost, if necessary. Florida Public Utilities No objection. Comcast No objection. Crown Castle Fiber No objection. Fibernet Direct No objection. Level 3 No objection. Sprint No objection. Hotwire No objection. Page 1072 of 1161 Page 3 Memorandum No. PZ 18-049 ABAN 18-002 Strome Networks No objection. Windstream No objection. PBC Traffic Engineering No objection. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose other than retention of a utility easement to service City utilities, AT&T and FPL facilities, and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit "C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\Staff Report.doc Page 1073 of 1161 Exhibit A LOCATION MAP r \ } - Martin w er King r Blvd ' � ». � v l r, t�t;��-s•. a. ihl��i`tla 3t � t s. v NE 9th Ave - � h z aj� l -� ) i� t� } 1. N 0 12.5 2�5 � g 107 f 1161 �c AONAVV IN3WdO"7dRB(jd23 �M zzs� oN aor �uiedvm oJ77z`f1NSdiN se hrss=jcaa AI)NnWWOO N�®8 A3 dns 4 003H 210 or az A 'PS �w�aam 4,w�w4�Yo ��wwm a�so� Yc ��zaaaa �aoao� as wFx 'a$ •� m�� w os`� so n+ on w w u iuo nonni iwi 3 v a Q $2 E _ 25 tiw � d (9 0 w O a J w m y£,C4tON ti'-n•,:,rv. --._n•..:.,d o �o o rr a� � � � 5 .os os 3:>rF>r Fs<cn 1 "�S§�,6r�-.• ,�„ .. .,.,. g t90,o O c0 �Ery �Ow OO q�O�z -J+U � c rcc i �j"NVNj aM1'D Or p60�i O O (�o 'n 6� �I 4¢ Uz�roO UZzS 0•? �4. ~'.Qi�'t ��� ®$I€ � ) 4 - ffi ' o p o o.owN y; � a o �0 0 0 o O 0.^ `n � • /m � {D)ac<n -.-� ._.. 4 s m.>r.fsaos ���� �I p Q O O h g 3kb£.fSL04 P Lk. OS 3.C£AtON ld1 w o _tz,o o z z LLI �� 3mpws��o mac~ g gyp. n U �I.L CV'`r K O`a'z� ' n Os 0 3z g m o O II, Fp '..11 rw a woo � a e < �k g � w➢o fS ££GtOS 4 y cz:mv }GA-18� � <Coatso�> � 2iLg Nri2daisov Z w p I �••b£,£AtON _ 3°Y,XE<ON - .Z i •' ` EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: CRA Abandonment (Arden Park) File number: ABAN 18-002 Reference: 1St review plans identified as an Abandonment with a July 2, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 1076 of 1161 CRA Abandonment—Arden Park (ABAN 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\COA.doc Page 1077 of 1161 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: CRA Abandonment—Arden Park (ABAN 18-002) APPLICANT: Michael Simon, Executive Director Boynton Beach CRA APPLICANT'S ADDRESS: 710 N. Federal Highway, Boynton Beach, FL 33435 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: October 2, 2018 APPROVAL SOUGHT: Request for abandonment of the unimproved 10.2-foot wide alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue (ABAN 18-002). LOCATION OF PROPERTY: Alley running north / south from NE 9th Avenue, for a distance of approximately 148 feet, to the south end of Lot 2 of the Robert Wells' Subdivision, between NE 3rd Street and Railroad Avenue. DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)\ABAN 18-002\DO.doc Page 1078 of 1161 8.D. PUBLIC HEARING 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-023 - SECOND READING -Approve NE 1st Avenue Abandonment (ABAN 18-003) abandoning the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard. Applicant: City of Boynton Beach. (Tabled to October 2, 2018) EXPLANATION OF REQUEST: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1St Street, for a distance of approximately 588.02'feet, to Seacrest Boulevard (ABAN 18-003). See accompanying staff report and attachments for additional explanation of this Town Square-related application. Applicant: City of Boynton Beach. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The abandonment of NE 1 Avenue will allow ultimate development of such property and a portion of said property to be added to the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1079 of 1161 ATTACHMENTS: Type Description D Ordinance Ordinance D Staff Report Staff Report (ABAN 18-003) D Location Map Exhibit A- Location Map D Drawings Legal, Survey, & Criteria D Letter Applicant Responce to Crieria D Conditions of Approval Exhibit C - Conditions of Approval Page 1080 of 1161 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING ABANDONMENT OF A 5 PORTION OF NORTHEAST 1sT AVENUE, MORE 6 PARTICULARLY DESCRIBED HEREIN, SUBJECT TO 7 STAFF COMMENTS; AUTHORIZING THE CITY MANAGER 8 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 9 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 10 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 11 PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach as Applicant, is requesting to abandon a 15 45-foot wide strip of land lying within a portion of NE I" Avenue, subject to staff 16 comments; and 17 18 WHEREAS,comments have been solicited from the appropriate City Departments, 19 and public hearings have been held before the City's Planning & Development Board, and 20 the City Commission on the proposed abandonments; and 21 22 WHEREAS, staff has determined that the subject 45-foot wide strip of land lying 23 within a portion of NE I' Avenue requested to be abandoned does not adversely impact 24 traffic, or affect other adjacent property owners and therefore no longer serves a public 25 purpose, and the City Commission adopts that finding. 26 27 NOW, THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF 28 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 29 30 Section 1. The foregoing Whereas clauses are true and correct and incorporated 31 herein by this reference. 32 33 Section 2. The City Commission of the City of Boynton Beach, Florida, does 34 hereby abandon a 45-foot wide strip of land lying within a portion of NE I'Avenue, subj ect 35 to staff comments. The property being abandoned is more particularly described as follows: 36 37 A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE 38 (FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF 39 BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT 40 BOOK 8, PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. 41 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 42 BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON 43 CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE 44 SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 45 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1ST AVENUE 46 (FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE 47 NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, 48 ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF 49 THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352.1.Boynton_Downtown_(N E_1 st_Ave)__Abandonment__Ord finance.docx Page 1081 of 1161 50 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97 51 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST 52 BOULEVARD(FORMERLY KNOWN AS GREEN STREET),ACCORDING TO ROAD PLAT 53 BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; 54 THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON 55 THE NORTH RIGHT OF WAY LINE OF NE IST STREET (FORMERLY KNOWN AS 56 POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 57 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE 58 NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 59 588.02 FEET TO THE POINT OF BEGINNING. 60 SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 61 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. 62 CONTAINING 26,437 SQUARE FEET MORE OR LESS. 63 64 Section 3. The City Manager is hereby authorized and directed to execute the 65 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 66 Records of Palm Beach County, Florida. 67 68 Section 4. This Ordinance shall take effect immediately upon passage. 69 70 FIRST READING this day of , 2018. 71 72 SECOND, FINAL READING AND PASSAGE this day of 73 , 2018. 74 75 CITY OF BOYNTON BEACH, FLORIDA 76 YES NO 77 78 Mayor— Steven B. Grant 79 80 Vice Mayor— Christina L. Romelus 81 82 Commissioner—Mack McCray 83 84 Commissioner—Justin Katz 85 86 Commissioner—Joe Casello 87 88 89 VOTE 90 ATTEST: 91 92 93 Judith A. Pyle, CMC 94 City Clerk 95 96 (Corporate Seal) 97 CAProgram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352.1.Boynton_Downtown_(N E_1 st_Ave)__Abandonment__Ord finance.docx Page 1082 of 1161 DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that The City Commission of the City of Boynton Beach,Florida, does hereby abandon a 45-foot wide strip of land lying within a portion of NE 1st Avenue, subject to staff comments. The property being abandoned is more particularly described as follows: A 45.00 FOOT WIDE STRIP OF LAND LYING WITHIN A PORTION OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA STREET) AS SHOWN ON THE PLAT OF BOYNTON CENTER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8,PAGE 12 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 2 OF SAID PLAT OF BOYNTON CENTER; THENCE SOUTH 01022'45" EAST (AS A BASIS OF BEARINGS) ALONG THE SOUTHERLY EXTENSION OF THE EAST LINE OF SAID LOT 2, A DISTANCE OF 45.01 FEET TO A POINT BEING ON THE SOUTH RIGHT OF WAY LINE OF NE 1 ST AVENUE(FORMERLY KNOWN AS POINCIANA STREET), SAID SOUTH LINE ALSO BEING THE NORTH LINE OF LOTS 1 THOUGH 6,BLOCK 14 OF THE PLAT OF SAWYER'S ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 69 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 89°44'11" WEST ALONG SAID SOUTH RIGHT OF WAY LINE, A DISTANCE OF 586.97 FEET TO A POINT BEING ON THE EAST RIGHT OF WAY LINE OF SEACREST BOULEVARD (FORMERLY KNOWN AS GREEN STREET), ACCORDING TO ROAD PLAT BOOK 5,PAGE 179 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA; THENCE NORTH 02043'09" WEST, A DISTANCE OF 45.04 FEET TO A POINT BEING ON THE THE NORTH RIGHT OF WAY LINE OF NE 1ST STREET (FORMERLY KNOWN AS POINCIANA STREET), SAID NORTH LINE ALSO BEING THE SOUTH LINE OF LOTS 2 AND 16 THOUGH 25, ACCORDING TO SAID PLAT OF BOYNTON CENTER; THENCE NORTH 89°44'11" EAST ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 588.02 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE,LYING AND BEING SECTION 28,TOWNSHIP 45 SOUTH,RANGE 43 EAST, CITY OF BOYNTON BEACH,PALM BEACH COUNTY,FLORIDA. CONTAINING 26,437 SQUARE FEET MORE OR LESS. IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this day of , 2018. ATTEST: CITY OF BOYNTON BEACH, FLORIDA Judith A. Pyle, CMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared Lori LaVerriere and CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352A.Boynton_Downtown_(NE_1st_Ave)= Abandonment - Ordinance.docx Page 1083 of 1161 Judith A. Pyle, CMC, City Manager and City Clerk respectively, of the City of Boynton Beach,Florida, known to me to be the persons described in and who executed the foregoing instrument, and acknowledged the execution thereof to be their free hand and deed as such officers, for the uses and purposes mentioned therein; that they affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this day of 2018. NOTARY PUBLIC, State of Florida My Commission Expires: CAProg ram Files(x86)\neevia.com\docConverterPro\temp\NVDC\1 BEBD799-ECE7-4EAE-ABF6-4EFF4431 EB22\Boynton Beach.12352A.Boynton_Downtown_(NE_1st_Ave)= Abandonment - Ordinance.docx Page 1084 of 1161 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 18-071 TO: Chair and Members Planning & Development Board FROM: Michael Rumpf Development Director DATE: September 7, 2018 SUBJECT: Request for abandonment of the improved 45 foot wide right-of-way running east/west from NE 1 st Street,for a distance of approximately 588.02'feet,to Seacrest Boulevard (ABAN 18-003). Applicant: City of Boynton Beach. BACKGROUND The City of Boynton Beach is requesting to abandon (ABAN 18-003) the improved 45-foot wide right-of-way extending east/west from NE 1 st Avenue,for a distance of approximately 588.02 feet, to Seacrest Boulevard (see Exhibit"A"—Location Map). The City is requesting the abandonment in preparation to implement the Town Square Master Plan (LUAR 17-005). For greater detail of the abandonment request, please refer to Exhibit "B"— Legal Description & Sketch. The abandoned land will be transferred in equal portions to the abutting property owner(s)per State Statute. In this case, the City owns the properties on either side of the abandonment area so the property will be conveyed to the City until such time that the land is platted,conveyed and developed for further implementation of the Town Square Master Plan. The following is a description of the zoning districts and land uses of the properties that surround the subject alley abandonment request: North: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); South: Portion of the approved Town Square Master Plan with a Land Use classification of Mixed Use Medium and a zoning designation of MU-3(Mixed Use 3); East: Right-of-way for NE 1St Street, then farther east developed multifamily with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) West: Right-of-way for Seacrest Boulevard, then farther west a developed church and multi family with a Land Use classification of Medium Density Residential (MDR) and a zoning designation of R-3 (Multi family) Page 1085 of 1161 Page 2 Memorandum No. PZ 18-071 ABAN 18-003 ANALYSIS Owners of properties within 400 feet of the subject site will be mailed a notice of this request and signs posted for the Board hearing and the second reading of the corresponding ordinance and its respective hearing dates. The applicant has certified that they posted signage and mailed notices in accordance with Ordinance No. 04-007. A summary of the responses follows: CITY DEPARTMENTS/DIVISIONS Engineering No objection. Public Works/Utilities No objection, with the provision of the necessary easements for the existing or future utilities. Planning and Zoning No objection. PUBLIC UTILITY COMPANIES Florida Power and Light No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. AT&T No response received as of the date of this report. If easements and relocation of utilities are necessary they will be at the developer's cost. Florida Public Utilities No response received as of the date of this report. Comcast No response received as of the date of this report. Crown Castle Fiber No response received as of the date of this report. Fibernet Direct: No response received as of the date of this report. Level 3 No response received as of the date of this report. Sprint No response received as of the date of this report. Hotwire No response received as of the date of this report. Strome Networks No response received as of the date of this report. Windstream No response received as of the date of this report. PBC Traffic Engineering No response received as of the date of this report. RECOMMENDATION Staff has determined that the requested abandonment would not adversely impact traffic or other City functions, and would not adversely impact other adjacent property owners. Based on the above- analysis, staff has determined that the subject alley no longer serves a public purpose other than retention of a utility easement to service City utilities, AT&T and FPL facilities, if warranted and therefore recommends APPROVAL of the applicant's request, subject to the attached conditions. Any conditions requested by the Planning and Development Board or required by the Commission will be placed in Exhibit"C" - Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\CRA ABAN 18-002(Arden Park)WBAN 18-002\Staff Report.doc Page 1086 of 1161 EXHIBIT wwAww BOYNTON BEACH BLVD NE 1ST AVENUE OCEAN AVENUE THIS SITE > Ld Ld < M 0 V) < V) ir Ld < Uj Ld Ld V) z LL- WOOLBRIGHT ROAD LOCATION MAP NOT TO SCALE Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way * Suite B Royal Palm Beach, Florida 33411 DRAWN: MT SCALE: N/A DATE: 08/29/18 SSI :2 OF 5 age 7 of 1161 BOYNTON CENTER LOT 3 (P.B. 8, PG. 12, P.B.C.R.) (P2) 25' (P2) LOT 9 LOT 18 LOT 17 LOT 16 BASIS OF BEARINGS L. � EAST LINE OF LOT 2 U'l I(P2) I (P2) (P2) (P2) (P2) 0-1 NORTH RIGHT OF WAY LOT' 2 WAY LINE OF NE 1ST ST (P2) 0 (P2) POINT OF BEGINNING Ld SOUTH LINE OF LOTS SOUTHEAST CORNER OF LOT 2, 2 AND 16-25 P ) I BLOCK 13, BOYNTON CENTER U) (P2) IN 89* 44' 11" E 599.02' (P.B. 8, PG. 12, P.B.C.R.) Ld Uj z F7 Uj 4 S 01* 22' 45" E w r)f V) L.j (P2) NE 1ST AVENUE 45.01' (FORMERLY KNOWN AS POINCIANNA STREET) SOUTHERLY EXTENSION 3: CONTAINING OF THE EAST LINE F 0 26,437 SQUARE FEET z UJI -- LOT P2 y- z SOUTHEAST BT LI 0 IE CAS K P B T '13 CORNER B OY P S N T 0 0 2 0 NF 0 CE P'B 2 CENTER R C'R ) 1 22 45_ E 45. 1 EE_T) THER SOU LY OF THE EAST LI NE OF OT _ L 2 P 2 S 89' 44' 11 W 586.97 SOU T �I W NORTH OF H F CHT OF WAY 1-6, BLOCK 14 LINE OF NE 1ST AVE 0 (Pi) (Pi) 20' LOT 3 LOT 2 LOT I BLOCK 14 BLOCK 14 BLOCK 14 0 __j (PI) (PI) (PI) PLAT OF SAWYER'S ADDITION 0 (P,B. I PG. 69, P R,C.R,) 50' 25' 0 50' GRAPHIC SCALE IN FEET SCALE: 1 50' Dennis J. Leavy & Associates, Inc. SKETCH & DESCRIPTION Land Surveyors * Mappers For: THE CITY OF BOYNTON BEACH 460 Business Park Way Suite B 0 10 1 DRAWN: MT SCALE: 1"= 50' AT : 08/29/18 Royal Palm Beach, Florida 33411 _0 C -056 SD 1 SHEET:4 OF 5 Phone: 561 753!-0650 Fax- 561 753-0290 CHKW: DAB J08#18 age 89 of 1161 EXHIBIT " B" NE 1St Avenue Abandonment Request Application Supplement— Responses to Review Criteria 3. Review Criteria. The vacation and abandonment of a right-of-way, special purpose easement, or other non-fee interest of the city shall be based on a demonstration that the above interest no longer serves a public purpose and there is no encumbrance which would prohibit the clear transfer of ownership of such land. The following review criteria shall be used to justify an application: a. Access. Does the subject land provide a legal means of access to a lot of record, subdivision, or development? Would the vacation and abandonment cause or result in a permanent stoppage, interruption, or an unacceptable level of service for the subject lot or on neighboring lots, subdivisions, or developments with respect to police, fire, or other emergency services; or solid waste removal? Response -- No interruption of access will take place as the abandoned portion of B 1st Ave. right--of--way is to be replaced with a platted access right--of--way to be recorded immediately after recording the proposed abandonment. Physical access will be maintained during that recording process and thereafter by construction of Boynton Town Center. b. Utilities. Does the subject land contain, support, or allow potable water, sanitary sewer, or any other utility (e.g. cable, telephone, electricity, gas, etc.), which would be permanently stopped or interrupted, or cause an unacceptable level of service to the subject lot or neighboring lots, subdivisions, or developments? Response -- The to be abandoned portion of N B 1 s� Ave right--of--way contains utilities, but no interruption of service will occur. The abandoned right--of--way will be replaced immediately after recording the to be recorded plat which provides additional easements for utilities. Additionally, no physical interruption of utilities will occur prior to utilities replacement. c. Drainage and Wastewater Management. Does the subject land contain, support, or allow a legal means of drainage or wastewater management for such lot or on neighboring lots, subdivisions, or developments, which would cause or result in a stoppage, interruption, or unacceptable level of service? Response -- No, this abandonment will not result in drainage or wastewater service. d. Conservation. Does the subject land contain, support, or allow the means for the conservation or preservation of flora or fauna? Response -- No, the abandonment of this portion of N B 1 st Ave right--of--way will not compromise conservation or preservation of flora or fauna. Page 1091 of 1161 EXHIBIT "C" CONDITIONS OF APPROVAL Project Name: NE 1St Avenue (Town Square) File number: ABAN 18-003 Reference: 1St review plans identified as an Abandonment with a September 7, 2018 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None. FIRE Comments: None. POLICE Comments: None. BUILDING DIVISION Comments: None. PARKS AND RECREATION Comments: None. PLANNING AND ZONING Comments: 1. Any conditions of approval from the various utility companies requiring new or revised easements and developer relocation of their facilities will be required to be addressed prior to issuance of X a building permit. COMMUNITY REDEVELOPMENT AGENCY Comments: None. Page 1092 of 1161 CRA Abandonment—Arden Park (ABAN 18-002) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: To be determined. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\TOWN SQUARE\NE 1 st Avenue ABAN 18-003\ABAN 18-003 COA.docx Page 1093 of 1161 9.A. CITY MANAGER'S REPORT 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Report on the local artists participation for the Town Square project EXPLANATION OF REQUEST: The City of Boynton Beach Art in Public Places has implemented an opportunity for emerging local or mid- career artists to team up with accomplished public artists, to create and integrate public art in the City's Town Square projects. In addition, several public art projects will be available for the shortlisted emerging local artists to create projects through a call to artists process. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This program recognizes that Palm Beach County has few qualified public artists and has identified the need to educate and facilitate more locals artists to be trained to become public artists. This program aligns with the City's initiative to Build Local Wealth. FISCAL IMPACT: Budgeted Included in the Town Square Public Art budget, ALTERNATIVES: STRATEGIC PLAN: Building Wealth in the Community STRATEGIC PLAN APPLICATION: Identify emerging local or mid-career artists that desire to learn how to become qualified public artists. The program will educate and train artists through the Art in Public Places programs best practice process and procedures. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1094 of 1161 ATTACHMENTS: Type Description D Addendum Emerging Artists Public Art Program D Addendum Emerging Artists Public Art Application Page 1095 of 1161 Emerging Local Artist Public Art Opportunity Objective: The City of Boynton Beach Art in Public Places has implemented an opportunity for emerging local or mid-career artists to team up with accomplished public artists, to create and integrate public art in the City's Town Square projects. In addition, several public art projects will be available for the shortlisted emerging local artists to create projects through a call to artists process. https://www.boynton-beach.orq/town-square Town Square Public Art Master Plan https://www.boynton-beach.org/sites/default/files/ documents/town-square/town-square-public-art-master-plan.pdf Application submission: Artists submitted their information on the City web site published May 30 with a July 27 deadline. https://www.boVnton-beach.org/artist-opportunity(application form attached) The call to Emerging Local Artist was published on social media, the Palm Beach County contact list and shared by many county art organizations. 16 total Emerging Local Artists submitted applications 5 Boynton Beach, 11 Palm Beach County Program description: Applications will be reviewed by the Arts Commission plus additional selection committee members with final approval by the Arts Commission. Artist(s) will then be paired with a public artist selected by artists calls for the following projects: 1) Police Station 2) Interactive Plaza Once an public artist is chosen for these projects the emerging local artists submissions will be reviewed and matches made for the opportunity to assist with one or both of these projects. Additional opportunities to create original artwork will be available for placement on site specific locations for the following projects: 1) New Fire Station - concept to connect to community 2) Parking Garage Murals - concepts that meet specific criteria This program recognizes that Palm Beach County has few qualified public artists and has identified the need to educate and facilitate more locals artists to be trained to become public artists. This program aligns with the Clty's initiative to Build Local Wealth. Page 1096 of 1161 ONLINE APPLICATION FORM Emerging Local Artist Public Art Opportunity Are you an ... • Accomplished local artist with a desire to become a public artist? • Working with durable materials? • Interested to learn more about how to fabricate and install permanent public art projects? • Interested in how to sharpen your skills to win public art project awards? • 18 years and older? The City of Boynton Beach Art in Public Places is announcing an opportunity for emerging local or mid-career artists to team up with accomplished public artists to create and integrate public art in the City's Town Square redevelopment project. https://www.boynton-beach.orq/town- square Description: Applications will be reviewed by a selection committee and approved by the City's Arts Commission. Artist(s) will then be paired with a public artist selected by artists calls for the following projects: 1) Iconic interactive public art at the new City Hall/Library Plaza 2) iWord public art at new City Hall/Library building (windows, patio, columns) requires community sessions 3) Public Art integrated into the new Police Station Plaza that connects it to the community 4) Public Art that that connects the new Fire Station with the community Qualifying applicants will be selected using the following criteria: strength of artistic/creative vision based on past works, expressed interest in becoming a public artist; and authenticity as evidenced in application essay questions. Projects and artist pairings are subject to change based on the discretion of the City of Boynton Beach Art in Public Places and it's Art Commission Advisory Board. Application deadline: July 27, 2018 at 5pm. Once artist(s) are selected, the program commitment is for a 2 year period beginning August 2018 through February 2020. During this time, selected artist(s) are required to commit to set hours during key project phases and will be financially compensated. Selected artist(s) will be independently contracted by the City of Boynton Beach and will not be a City employee for the duration of the project. The opportunity is open to Palm Beach County resident artist(s) only. The selection process will preference Boynton Beach artist(s). Application criteria: To qualify for the Emerging Local Public Art Opportunity and have your name on the emerging local artists list please fill out the application below and upload your artwork images. Artists Name Company Name Date of Birth Page 1097 of 1161 ONLINE APPLICATION FORM Address Phone (Cell) (Studio) E-Mail Website link Social media links How long have you been working professionally as an artist? One paragraph artist biography (200 words) List Your Artwork Mediums Your Top three artworks accomplished to date List (artwork names), (dimensions), (medium), (brief description of each), (location of artwork commissioned, sold or on loan), (artwork price), (fabrication supplier)-(name, company, address, phone, email and website) Upload the Top Three Artwork Images (Digital image files in jpeg, png format no larger than 2 mg each) Provide links to Top Three Artwork Video Contact for Top Three Artwork Commissions (name, company, phone, e-mail and website) Brief statement of interest for this program (200 words) Based on the above list of public art projects which project would you choose and why? (prioritize list if multiple projects are desired) Upload an example i.e. online digital, brochure, flyer or invite marketing or community outreach campaign for one of your artwork projects. For more information or questions email Debby Coles-Dobay, Public Art Manager ColesDobayD@bbfl.us Page 1098 of 1161 11.A. NEW BUSINESS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Vice Mayor Romelus requested the commission discuss the attached email from Susan Oyer. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Susan Oyer email Page 1099 of 1161 LaVerriere, Lori From: Susan Oyer <susanoyer@gmail.com> Sent: Sunday, September 02, 2018 11:40 PM To: Grant, Steven; Romelus, Christina; Casello,Joseph; Katz,Justin; McCray, Mack, LaVerriere, Lori;Groff, Colin;Coles-Dobay, Debby; Harvey, Rebecca; Krusell, Eleanor Cc: Barbara Ready-BBHRPB; Mike Fitzpatrick; Mack,Andrew; Simon, Michael Subject: Sailfish art idea pt 2 Dear Mayor Grant, City Commissioners, City Officials, et al: I would like to present this idea in further detail,hoping you will like it enough to move forward, at this next commission meeting,but family obligations will prevent that. Therefore, I am sending this email instead. I am available to discuss any part of this as you may wish. Some of you have expressed support of this idea(thank you!) after my first email. Time to move forward. As a refresher,the City of London is having another great art exhibit in support of Tusk.org (learn more at: hit s -/www.tusk.gr events�'the-tusk-rhino-trails )with a variety of painted rhinos being painted by artists and celebrities,located around the city at key tourist sites, and will be auctioned at the end to support Tusk.org. This is not the first time an art project like this has occurred in London-- they occur regularly. I've seen similar art projects in a couple cities in Germany, in Luxembourg, and I think we all remember the famous cows in Chicago. I know this idea has been used before,but not in our area(beyond the big duck &pink bunny in West Palm, and they are just art displays for sale). This would enliven the city,would be fun for tourists to track down for photo ops at key city buildings; scavenger hunts could be created for residents;there would be a lot of publicity surrounding these events on social media and local press with the potential for national/international press; and this would draw in people from surrounding cities to visit Boynton regularly. A review of my prior ideas,plus some others--I hope the commission will move forward with my idea(s) or adapt as you see fit: i--I suggested we have our city logo,the sailfish, made into approximately 6'-1o'aluminum (sailfish only or go big with a spinning sailfish inside the circle to be kinetic!) on a base. Maybe the city has metal fabricators, or South Tech, or any of the multitude of welders/metal makers in the city can make them in bulk. We could do both--non-moving at a lower fee ($250 for commissioners/officials/boards and $500 for residents/businesses) and kinetic for a higher fee ($500 commissioners/officials/boards and $i000 for residents/businesses). s r t 2--Use these around our new Town Square as photo ops or a scavenger hunt if we install around the city. CRA could use to focus on key businesses downtown. 1 Page 1100 of 1161 3--Could we use some of the Arts money from Town Square for this to defray costs? We have to put in art--why not art our city participated in creating? As I mentioned prior, I think that the commissioners/city officials/board members should be able to paint one at a slightly reduced fee. Residents/groups of residents could pay a higher fee (incentive to join boards!) as would businesses who might want to adopt a sailfish to paint. We could go with lower fees,but I can't see going higher if we want resident/business involvement. Note #1 with cost differences between standing and kinetic versions. 4--Maybe get a metal artist to do a painting class for all those who adopt a sailfish to teach technique for a reasonable fee. Again,participants could pay or could the city/CRA cover the cost? I assume there is special paint for metal and equipment--again,if we are doing group classes we should be able to get a good price for a training class with an artists, access to paints, and equipment. And again, city/CRA full or partial funding? S--We could have residents vote to keep a pre-determined number permanently displayed....more community involvement. The rest we could auction off? Residents could vote on which one to place at the beach itself if the art could handle the wind and salt air. 5--1 had floated the idea in my first email about donating the adopt a sailfish fee and the auction funds to charity. I found two charities that I think might go over well: *The Bill Fish Foundation at bllfish.or. that has been actively working to save these vanishing species since 1986. They are nearby: 510o N. Federal Hwy., Ste. 200, Ft. Lauderdale, FL 33308 800-438-8247 *4Ocean which is the local company cleaning plastics out of our ocean 4Ocean•or and have gotten lots of local press. They are in our county: 656o W. Rogers Cir., #19, Boca Raton, FL 33487 561-757-5187 6--Both are worthy charities. If we want to go that direction--not sure how the funding works, maybe all fees have to go to cover the cost of the art? Would we even be allowed to donate the fees/partial fees or auction proceeds to charity? Or do we need it to help cover the costs of Town Square? Both charities also pull a fair amount of publicity that we could tie in with. As a side note, I do some side work with Julian Lennon's (rock star, son of John, photographer, philanthropist) charities--one of the groups his foundation supports is about to go big with 4Ocean at the international level--potential for even more publicity for something like this. Yet our symbol is a bill fish, so supporting the Bill Fish Foundation is logical. Guess Colin and Lori have to weigh in on this regarding donations. 7--We could start out small and grow this over the years, depending on continued resident/business support. Think smaller or larger or multiple sailfish, different media, different ocean life, change it up and do veggies that were traditionally grown here, etc. I spoke to a few people who live outside the city about this (impartial), and they love the idea! I think this would be a great way to get our residents more involved and invested in our new Town Square. This fits the bill (pun intended) for our art program: kinetic and ocean themed. Think of the great publicity for something like this, especially if we are able to incorporate a charity donation into this. I hope our mayor and commissioners will take my ideas, add their own,and make this a Boynton signature art project! z Page 1101 of 1161 Thank you, as always, for taking the time to read and consider my suggestions. I appreciate it. Please advise if you have any questions 561-736-1251. Susan Oyer, Lady ofDunans Castle 3 Page 1102 of 1161 Page 1103 of 1161 11.B. NEW BUSINESS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Discussion on Board Member Advocacy Ordinance EXPLANATION OF REQUEST: At the August 7, 2018 Commission meeting the City Commission reviewed a draft ordinance which addressed City Board Member lobbying and advocacy. Following discussion, the Commission tabled its discussion and directed that the City Attorney conduct additional research and obtain input from the Palm Beach County Commission on Ethics. The City Attorney met with the Executive Director and General Counsel of the Commission on Ethics to review the draft ordinance and the scope of the anti-lobbying provisions of the draft and the PBC Ethics Code. The draft ordinance has been revised and is now returned to the Commission for further discussion. The following revisions should be noted: • The draft now contains reference to the definitions of lobbying and lobbyist as set forth in the Palm Beach County Code of Ethics. This is intended to avoid adding or suggesting conflicting definitions which could create confusion with respect to County Commission on Ethics enforcement on anti- lobbying prohibitions. The City has operated exclusively under the County Code of Ethics since September 2010. • The draft includes a City definition of "advocacy" which addresses communication activity by Board Members when there is no economic consideration being received by the Board Member. This is intended to distinguish advocacy from lobbying. The County Code of Ethics does not specifically address advocacy. • A provision has been added to allow Board Members to speak at City Commission and CRA meetings when request to do so by a member of the City Commission or at the request of the Member's Board. • There is a provision for removal of a Board Member who violates the provisions of the new Code section. This penalty is in addition to any penalty a Board Member might face for violation of the County Code of Ethics. • A provision has been added to make clear that these new rules regarding lobbying and advocacy are supplemental to the existing limitations set forth in the Palm Beach County Code of Ethics. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: n/a ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: Page 1104 of 1161 CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance DRAFT Ordinance for discussion purposes Page 1105 of 1161 10/2/18 COMMISSION MEETING-NEW BUSINESS (tabled from 8/7/18) 1 ORDINANCE NO. 18- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART H. "CODE OF ORDINANCES," CHAPTER 2, 5 "ADMINISTRATION," ARTICLE 1, "IN GENERAL," SECTION 2-15 6 "LIMITATION ON BOARD MEMBER ADVOCACY AND LOBBYING"; 7 PROVIDING FOR DEFINITIONS; PROVIDNG FOR PENALTY FOR 8 VIOLATION; PROVIDING FOR CODIFICATION, CONFLICTS, 9 SEVERABILITY,AND AN EFFECTIVE DATE 10 11 WHEREAS, individuals who serve on City B Eby appointment of the City r 12 Commission hold a trusted position which requires t, here to more stringent rules of 13 conduct and to avoid any appearance that a Board r is usi s or her position to influence 14 others to take or fail to take any action or to s special privile enefit, or exemption for iE 15 himself, herself, or any others; and , 16 WHEREAS,the Commission finds that the fit s iting City Member's right 17 to speak at City Commission and ity Redev ent Agency meetings outweighs the l 7 18 rights of those Member's to speak as in . matters come before the Board on which } 1 19 the Member serves. fl. 20 WHEREAS i missio e e best interest of the citizens and 21 residents of the Cit mend II, Cha '2, Article , "In General", of the Code of 22 Ordinances, S ion 2-1 d ion (5 iting Board Members from advocating or f 3 23 lobbyin '. h ha e or e ore the Board Member's Board. 24 25 THEREFO E I AINED BY THE CITY COMMISSION OF THE c � 26 CITY OF TON BEA FLO A AS FOLLOWS: 27 28 Section 1. foregoi hereas" clauses are hereby ratified and confirmed as being 29 true and correct and re b de a part of this Ordinance. 30 31 Section 2. Part 11, pter 2, "Administration" Article I, "In General," Section 2-15 is 32 hereby amended as follows: 33 34 Sec. 2-15 Limitation on Board Member advocacy and lobbying. 35 36 a) For purposes of this section the term "advocate" means to communicate without 37 economic consideration for the passage or defeat of any measure that comes before 38 the City Commission or CRA Board for approval. c:\program files(x86)\neevia.com\docconverterpro\temp\nvdc\73c796ad-58b8-4402-8262- dea51188a63a\boynton beach.12634.1.limiting_board_member_advocacy_v2.docx Page 1106 of 1161 10/2/18 COMMISSION MEETING-NEW BUSINESS (tabled from 8/7/18) 1 2 b) For purposes of this section the terms "lobbying" and "lobbyist" have the same 3 meaning as set forth in the Palm Beach County Code of Ethics. 4 5 c) The prohibitions and penalties set forth in this section are supplemental to the 6 lobbying prohibitions and penalties set forth in the Palm Beach County Code of 7 Ethics. s 8 9 d) A City Board Member may not advocate r publicly with a City staff 7 10 member, member of the Cit Administr member e Cit Commission or the I 11 Commission as a whole CRA member, mem ) 61 of the Community 12 Redevelopment Board or the CRA Bo s a whole, for or a2 the interest of an 13 individual partnership, oration N�okusiness entit hich has an 14 ap lication request, or an atter pe for review or approval with the 15 City when the matter has com fo 03oard o4bich the Board Member sits or 16 it is reasonabl ble that matter me a the Board. 17 , 18 e) A Board Mem av n peak ata v Commission meetin2 or CRA meeting on 19 an hich he er's Board or is reasonablyexpected to 20 before' em bBoard e 21 � I 22 A Membe the Commission requests that the Board Member 23 swer gues s re2ardin2 the Board's action; or, 24 2. Tm oard has voted in the affirmative to request that the Board 25 Memb ress the City Commission. NEF 26 27 f) Violation of the rules set forth in this Section constitutes grounds for removal of a 28 Board Member by the City Commission, following notice and opportunity to be 29 heard. 30 c:\program files(x86)\neevia.com\docconverterpro\temp\nvdc\73c796ad-58b8-4402-8262- dea51188a63a\boynton beach.12634.1.limiting_board_member_advocacy_v2.docx Page 1107 of 1161 10/2/18 COMMISSION MEETING-NEW BUSINESS (tabled from 8/7/18) 1 g) A City Board Member is prohibited from acting as a lobbyist, as that term is defined 2 by the Palm Beach County Code of Ethics, if the subiect of the Member's lobbying 3 activity may foreseeably be presented for consideration to a City advisory board, the 4 City Commissioners or CRA Board. 5 6 h) In addition to any penalties provided for in the Palm Beach County Code of Ethics, a 7 violation of the prohibits set forth in this section is,2ffiounds for removal by the Cit 8 Commission of the Board member from the oard s to which the Board 9 Member has been appointed. 10 11 Section 3. All Ordinances or partsi, inances, Resoluti r parts of Resolutions in 12 conflict herewith be and the same are hereby rep to the ext t of such ct. 13 14 Section 4. If any clause, It r other pa plication of this Ordinance shall be { 15 held by any court of competent jurisdicti o stitutio invalid, such unconstitutional or i, 16 invalid part or applicati e conside as eli and s affecting the validity of the 17 remaining portions a. icatio aining e an t. r 18 19 Se This { eco fective on passage. 20 21 ST REA this day of n, ' 2018. 22 23 S D, FINAL DIN D PASSAGE this day of 24 2018. 25 t 1 26 CITY OF BOYNTON BEACH, FLORIDA 27 28 YES NO 29 30 Mayor— Steven B. Grant 31 Vice Mayor— Christina L. Romelus 32 Commissioner—Mack McCray 33 Commissioner—Justin Katz 34 Commissioner—Joe Casello 35 36 37 VOTE c:\program files(x86)\neevia.com\docconverterpro\temp\nvdc\73c796ad-58b8-4402-8262- dea51188a63a\boynton beach.12634.1.limiting_board_member_advocacy_v2.docx Page 1108 of 1161 10/2/18 COMMISSION MEETING-NEW BUSINESS (tabled from 8/7/18) 1 ATTEST: 2 3 4 5 Judith A. Pyle, CMC 6 City Clerk 7 8 (Corporate Seal) 4 �E t t. 1 1 4 4 I 5 s c:\program files(x86)\neevia.com\docconverterpro\temp\nvdc\73c796ad-58b8-4402-8262- dea51188a63a\boynton beach.12634.1.limiting_board_member_advocacy_v2.docx Page 1109 of 1161 11.C. NEW BUSINESS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Commission to discuss Commission Meeting that would normally be scheduled for Tuesday, January 1, 2019 and decide to either re-schedule or cancel the meeting. EXPLANATION OF REQUEST: The Commission meetings for December are on the 4th and 18th. The January meetings would be 1st and 15th. January 1st is a holiday and City Hall is closed. The Commission could re-schedule the January 1st meeting or cancel it and only have the January 15th commission meeting for the month of January 2019. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1110 of 1161 11.D. NEW BUSINESS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Joe Casello to distribute $1,000 of his Community Support Funds to Youth Enrichment Association for Academics and Athletics (Wildcats Football). EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Budgeted Funds were included in approved FY 2017/18 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1111 of 1161 11.E. NEW BUSINESS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Joe Casello to distribute $1,000 of his Community Support Funds to Florida Youth Rugby Union a non-profit organization. EXPLANATION OF REQUEST: Florida Rugby is the home of all Rugby in Florida. Florida Rugby is a partnership between Florida Rugby Union and Florida Youth Rugby Union. It acts as the administrative and communication platform for both Unions. Mission to expand athletic and academic opportunity through the sport of ruby in a fun, healthy, character-building system that focuses on established core values. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted Budgeted Funds were included in approved FY 2017/18 Commission budget under account 001-1110-511-95-47, $2,000 per member. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Cather Community Support Funds Request Page 1112 of 1161 RIS-055 EXHIBIT "Aly COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 911111119 Requested by Mayor/Commissioner: 6V*xf1fs4 A'e z Amount Requested: $_ Recipient/Payee: &ONOW W&W R969Y Description of project, program, or activity to be funde�7- Part 11 -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ '2,z T,0 . The balanW of funds available for the requesting Member of the Commission is $ Accordingly: o""There are funds available as requested El There are insufficient funds available as requested Dated:_44�L_ By: Pty Clerk Part III-Eligibility Evaluation El-'_Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit The recipient/payee provides services within the City EK'The public purpose is beneficial to the entire community served by such donation Dated: q By: 7- Requesting Member oft City Commission S.'\CC\WP\COMMUNrrY INVESTMENT FUN DS\Comm unity_$upport-Funs�-Policy.2015.doc Page 1113 of 1161 M 0 M ission To expand athletic and academic opportunity through the sport of rugby, in a fun, healthy, character-building system that focuses on established core values. Nonwprofft Boynton Beach Rugby Inc. is a 100% volunteer driven non-profit organization, with free player participation for maximum economic inclusion. Page 1114 of 1161 11.F. NEW BUSINESS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approval of proposed settlement of litigation matter of Dennis Galindez v City of Boynton Beach and all other pending claims by this employee. EXPLANATION OF REQUEST: Approval of settlement of the above litigation matter currently pending in the Circuit Court for Palm Beach County. The plaintiff is a police officer and suffered a torn quadriceps in one leg after slipping and falling on mold and mildew found on a sidewalk outside of the police substation. The plaintiff is suing the City in this litigation under an exception to the workers compensation immunity alleging the negligence of facilities maintenance employees in failing to maintain the sidewalk. The proposed settlement terms are resolution of the litigation matter for $40,000 and resolution of all workers compensation claims for an additional $27,500 with the conditions that the plaintiff leave employment with the City immediately upon approval of the settlement and that the plaintiff releases all claims. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted ALTERNATIVES: Not approve settlement and proceed to trial. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1115 of 1161 12.A. LEGAL 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-147-Authorize the Mayor to sign an I nterlocal Agreement between the Town of Hypoluxo and the City of Boynton Beach to provide water, sewer and reuse services to the Town. EXPLANATION OF REQUEST: The Town of Hypoluxo agreed to terminate the current water services agreement with the Town of Manalapan and allow the City to serve these customers with water services. The City currently serves the whole Town with sewer services and one third of the Town with water services. This agreement will allow the City to serve all property within the municipal limits of the Town of Hypoluxo and expand services as requested. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The expansion of utility services benefits all current customers by increasing the number of customers paying for the base infrastructure which provides base facility rate stability. The Utility has the capacity to serve the new customers and the area that will be added by this agreement is currently within the City's utility service area. FISCAL IMPACT: Budgeted There is no fiscal impact to current customers. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1116 of 1161 ATTACHMENTS: Type Description D Resolution Resolution approving ILA with Hypoluxo for Water Services D Agreement I nterlocal Agreement Page 1117 of 1161 1 RESOLUTION NO. R18- 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 6 SIGN AN INTERLOCAL AGREEMENT WITH THE TOWN OF 7 HYPOLUXO FOR THE CITY TO PROVIDE WATER,SEWER AND 8 REUSE SERVICES TO THE TOWN OF HYPOLUXO; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS,the Town of Hypoluxo has greed to allow the City of Boynton Beach to 13 serve its customers with water services; and 14 WHEREAS, the City of Boynton Beach currently serves the Town of Hypoluxo with 15 sewer services and one-third of the Town with water services; and 16 WHEREAS, the expansion of utility services benefits all current customers by 17 increasing the number of customers paying for the base infrastructure which provides base 18 facility rate stability; and 19 WHEREAS, the Utility has the capacity to serve the new customers and the area that 20 will be added by this Agreement; and 21 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 22 recommendation of staff, deems it to be in the best interests of the City residents to approve 23 and authorize the Mayor to sign an Interlocal Agreement with the Town of Hypoluxo for 24 water, sewer and reuse services. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\1AF84010-C84D-4DC0-B6C8-4043393D6288\Boynton Beach.12635.LILA With_Hypoluxo_For Utility_Services_-_Reso.Docx Page 1118 of 1161 30 Section 2. The City Commission hereby approves and authorizes the Mayor to 31 sign an Interlocal Agreement with the Town of Hypoluxo for water, sewer and reuse services, 32 a copy of which is attached hereto as Exhibit"A." 33 Section 3. This Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this day of , 2018. 35 CITY OF BOYNTON BEACH, FLORIDA 36 37 YES NO 38 39 Mayor— Steven B. Grant 40 41 Vice Mayor— Christina L. Romelus 42 43 Commissioner—Mack McCray 44 45 Commissioner—Justin Katz 46 47 Commissioner—Joe Casello 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) 59 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\1AF84010-C84D-4DC0-B6C8-4043393D6288\Boynton Beach.12635.LILA With_Hypoluxo_For Utility_Services_-_Reso.Docx Page 1119 of 1161 AGREEMENT Between CITY OF BOYNTON BEACH, FLORIDA And TOWN OF HYPOLUXO, FLORIDA Regarding WATER AND WASTEWATER UTILITY SERVICES {00194693.4 306-9001821} Page 1120 of 1161 This Interlocal Agreement, ("Agreement")is made and entered into by and between: The CITY BOYNTON BEACH, FLORIDA, a Florida municipal corporation organized and existing under the laws of the State of Florida, hereinafter referred to as "BOYNTON BEACH", AND The TOWN OF HYPOLUXO, FLORIDA, a Florida municipal corporation organized and existing under the laws of the state of Florida, hereinafter referred to as "HYPOLUXO." WHEREAS, this Agreement is entered into pursuant to §163.01, Florida Statutes, also known as the "Florida Interlocal Cooperation Act of 1969" which permits local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of local communities; and WHEREAS, BOYNTON BEACH maintains a Utility Department that provides water, wastewater, and reclaimed water services; and WHEREAS, HYPOLUXO is desirous of procuring water and wastewater utility services for HYPOLUXO from the BOYNTON BEACH; and WHEREAS, the corporate boundaries of HYPOLUXO are encompassed within BOYNTON BEACH's water and wastewater service area; and WHEREAS, BOYNTON BEACH has the legal authority, operational ability, administrative expertise, and infrastructure capacity to provide water and wastewater utility services pursuant to the terms and conditions hereafter set forth in this Agreement. NOW, THEREFORE, IN CONSIDERATION of the mutual terms, conditions, promises, covenants and payments hereinafter set forth, and other good and valuable consideration, BOYNTON BEACH and HYPOLUXO agree as follows: ARTICLE 1.0 - SCOPE OF SERVICES 1.1. BOYNTON BEACH shall: 1.1.1. Provide potable water and wastewater services to all property owners who reside in the corporate limits of HYPOLUXO and who establish customer accounts with BOYNTON BEACH. 1.1.2. Handle all utility account billing and collection service. 1.1.3. Process and issue permits related to new or expanded service requests. 1.1.4. Conduct periodic utility system integrity checks. t00194693.4 306-9001821} Page 1121 of 1161 1.1.5. Make improvement to the existing water and wastewater utility system infrastructure in HYPOLUXO as set forth in Exhibit"A", 1.1.6. Be responsible for obtaining and complying with all necessary licensures, approvals and authorizations required to provide the Services. 1.1.7. Provide water and wastewater services to HYPOLUXO property owners under the same standards and rate structure as applies to BOYNTON BEACH property owners, without surcharge. 1.2. HYPOLUXO shall: 1.2.1. Convey to BOYNTON BEACH construction and maintenance easements as identified in Exhibit "B" and other easements as are required for system expansions. 1.2.2. Negotiate a purchase price with Town of Manalapan for water distribution system within Hypoluxo town limits, as shown in Exhibit "C". Boynton Beach will reimburse Hypoluxo up to $200,000 for this purchase. Any excess amount can be funded by Boynton Beach through an assessment on the utility bill for water customers. 1.2.3. Convey to BOYNTON BEACH HYPOLUXO'S existing water and wastewater transition system equipment as identified in Exhibit"C". 1.2.4. If required by Department of Health, adopt and enforce local laws and regulations to mandate discontinuance of septic tanks and require connection to available wastewater infrastructure. 1.2.5. If required by Florida Department of Environmental Protection or South Florida Water Management District, adopt and enforce local laws and regulations which mandate discontinuance of the use of well water for use other than landscape irrigation and requiring connection to available potable water infrastructure. 1.2.6. If required by Florida Department of Environmental Protection or South Florida Water Management District, adopt and enforce local laws and regulations which may mandate discontinuance the use of potable water for landscape irrigation. 1.2.7. Digitize and transfer to BOYNTON BEACH copies of water and wastewater plans, surveys, inspection reports, studies, repair records, consultant reports, Florida Department of Environmental Protection notices (and responses thereto), Palm Beach County Health Department notices (and responses thereto) that are in the possession of HYPOLUXO. ARTICLE 2.0 - FUNCTIONS AND DUTIES NOT TRANSFERRED 2.1 It is specifically understood and agreed that all rights and powers as may be vested in HYPOLUXO pursuant to the Florida Constitution and Chapter 166, Florida Statutes, or any other law or ordinance or Charter provision of HYPOLUXO not specifically addressed by this Agreement, shall be retained by HYPOLUXO. t00194693.4 306-9001821} Page 1122 of 1161 2.2 Anything to the contrary in this Agreement notwithstanding, BOYNTON BEACH shall not be obligated to extend water or sewer service individually (as opposed to both water and sewer service) to any property within the municipal limits of HYPOLUXO. Any property in HYPOLUXO receiving sewer service from BOYNTON BEACH and water service from the Town of Manalapan which is delinquent in the payment to BOYNTON BEACH for such sewer service, shall not be afforded water service until the debt is resolved. ARTICLE 3.0—RATES AND SERVICE CHARGES 3.1 BOYNTON BEACH shall provide the Services as required pursuant to this Agreement at the following rates: All rates and charges for services performed by BOYNTON BEACH for utility customers in the jurisdictional limits of HYPOLUXO will be at the same rates and charges applicable to utility customers in the jurisdictional limits of BOYNTON BEACH. 3.2 Connection Charges and Capital Facility Charges. In connection with all water and sewer services, rendered by BOYNTON BEACH to properties within the municipal limits of HYPOLUXO pursuant to this Agreement, BOYNTON BEACH shall be entitled to make such water and sewage connections and shall charge rates applicable to utility customers in the jurisdictional limits of BOYNTON BEACH. In addition, Boynton shall be entitled to collect from any property owner or developer or group of owners of properties lying within the municipal limits of Hypoluxo who desire the extension of water and or sewer pursuant to this Agreement, the capital facilities charges applicable to owners in the jurisdictional limits of BOYNTON BEACH. The payment of such capital facilities charges shall be at such time and in such amounts in the same manner as though the property to which sewer or water service is to be rendered were physically located within the municipal limits of BOYNTON BEACH, typically at the time of Palm Beach County Health Department permit submittal. 3.3 Collection for charges: BOYNTON BEACH shall be solely responsible for billing and collection of the fees, rates and charges due under this Agreement in compliance with the current adopted Customer Service Policy. ARTICLE 4.0 —PUBLIC SERVICE TAX If the Town of HYPOLUXO requests BOYNTON as the seller of water within the corporate limits of the Town, to act as a tax collection agency for the Public Service Tax on water, BOYNTON shall collect such from the purchase on a monthly basis at a rate set by the Town of HYPOLUXO within the State of Florida Public Service Tax limits. BOYNTON shall be notified in writing of the request, to include the reference Ordinance adopted by the Town of HYPOLUXO noting the approved rate. The City shall retain one percent (1%) of the tax revenue collections as an administrative fee, as compensation for the collection of this tax. BOYNTON shall submit the tax revenue collected (minus the administrative fee) to the Town Clerk on or before the last day of the month following the month of collection. t00194693.4 306-9001821} Page 1123 of 1161 ARTICLE 5.0- TERM OF AGREEMENT 5.1 This Agreement shall be deemed to have commenced on October 1, 2018, and shall continue in full force and effect until midnight, September 30, 2048, 30 years after commencement. This Agreement will be automatically extended for additional 30 year terms unless written notice as specified in Section 5.2 is provided subject to the execution of a written amendment to this Agreement. The MANALAPAN water customers within the municipal limits will be included in the Agreement on September 1, 2020 pursuant to Section 10.10. 5.2 This Agreement shall remain in full force and effect until the termination date or any extended termination date, as set forth above, unless written notice of termination by BOYNTON BEACH or HYPOLUXO is provided pursuant to Section 8, NOTICES. Notice for request of termination of the agreement shall be sent no later than eighteen (18) months prior to termination. 5.3 If the Agreement is terminated by either party pursuant to Section 5.2, HYPOLUXO shall purchase the water and sewer infrastructure owned by BOYNTON BEACH at fair market value as determined by three appraisers, one selected by HYPOLUXO, one selected by BOYNTON BEACH and the third selected by a consensus of the two selected appraisers. If a purchase price cannot be agreed to by both parties after six months of the termination notification, the agreement will be considered automatically extended. ARTICLE 6.0 - GOVERNMENTAL IMMUNITY 6.1 Both parties are state agencies as defined in Chapter 768.28, Florida Statutes. Each agrees to be fully responsible for the acts and omissions of its agents or employees to the extent permitted by law. Nothing herein is intended to serve as a waiver of sovereign immunity by any party to which sovereign immunity may be applicable. Nothing herein shall be construed as consent by a state agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this Agreement or any other contract. ARTICLE 7.0 - INSURANCE 7.1 BOYNTON BEACH and HYPOLUXO are self insured in accordance with provisions set forth within Section 768.28, Florida Statutes. ARTICLE 8.0 - TERMINATION 8.1 This Agreement may not be terminated by either party except at the end of each 30 year term with 18 months notice as specified in Section 5. ARTICLE 9.0 - NOTICES 9.1 Notices given or required under this Agreement shall be in writing and may be delivered in person or by United States mail, postage prepaid, first class and certified, return receipt requested, addressed as follows: t00194693.4 306-9001821} Page 1124 of 1161 TO BOYNTON BEACH: Lori LaVerriere, City Manager 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, FL 33425 With Copy to: Boynton Beach Utilities 124 E. Woolbright Road P.O. Box 310 Boynton Beach, FL 33425 James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, FL 333080 TO HYPOLUXO: Mayor Hypoluxo Town Hall 7580 S. Federal Highway Hypoluxo, FL 33462 With Copy to: Barbara Lee Searls, Town Clerk Hypoluxo Town Hall 7580 S. Federal Highway Hypoluxo, FL 33462 Leonard G. Rubin, Esquire Town Attorney 701 Northpoint Parkway Suite 209 West Palm Beach, FL 33407 t00194693.4 306-9001821} Page 1125 of 1161 ARTICLE 10.0 - MISCELLANEOUS PROVISIONS 10.1 ASSIGNMENT: BOYNTON BEACH shall perform the Services provided for in this Agreement exclusively and solely for the benefit of HYPOLUXO. Neither party shall have the right to assign this Agreement. 10.2 WAIVER: The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. 10.3 SEVERABILITY: The invalidity of any provision of this Agreement shall in no way affect the validity of any other provision. 10.4 ENTIRE AGREEMENT: It is understood and agreed that this Agreement incorporates and includes all prior negotiations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. 10.5 INDEPENDENT CONTRACTOR: BOYNTON BEACH is an independent contractor under this Agreement. Services provided by BOYNTON BEACH pursuant to this Agreement shall be subject to the supervision of BOYNTON BEACH. In providing such services, neither BOYNTON BEACH nor its agents shall act as officers, employees, or agents of HYPOLUXO. This Agreement shall not constitute or make the parties a partnership or joint venture. 10.6 MODIFICATION: It is further agreed that no modifications, amendments or alterations in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 10.7 CHOICE OF LAW: Any controversies or legal problems arising out of this transaction and any action involving the enforcement or interpretation of any rights hereunder shall be submitted to the jurisdiction of the State courts of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, the venue situs, and shall be governed by the laws of the State of Florida. 10.8 DRAFTING: This Agreement has been negotiated and drafted by all parties hereto and shall not be more strictly construed against any party because of such party's preparation of this Agreement. 10.9 FILING. An executed original of this Agreement and any amendment(s) hereto shall be filed with the Clerk of the Circuit Court in and for Palm Beach County, Florida. 10.10 WATER CUSTOMER TRANSITION. The current water customers served by MANALAPAN will require a transition to BOYNTON BEACH water metering when this agreement commences pursuant to Section 5.1. HYPOLUXO will cooperate with BOYNTON BEACH to negotiate an agreement with MANALAPAN to install BOYNTON BEACH meters starting three months prior to September 1, 2020. If MANALAPAN does not execute an t00194693.4 306-9001821} Page 1126 of 1161 agreement, HYPOLUXO agrees that BOYNTON BEACH can use a flat monthly fee for water services after September 1, 2020 until meters can be installed. The fee will correspond to estimated water usage based on the previous year billing for each customer. [Remainder of page intentionally blank] 100194693.4 306-9001821} Page 1127 of 1161 CITY OF BOYNTON BEACH By Steven B. Grant, Mayor Dated: APPROVED AS TO FORM: By City Attorney Attest: City Clerk TOWN OF HYPOLUXO By: Mayor APPROVED AS TO FORM: By Town Attorney Attest: By: Town Clerk t00194693.4 306-9001821} Page 1128 of 1161 12.B. LEGAL 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-017 - SECOND READING -Approve Wireless Communication Facilities (CDRV 18-001) amending Chapter 3. Article V. Section 13 of the Land Development Regulations to implement regulations consistent with State legislation known as the Advanced Wireless I nfrastructure Deployment Act that regulates WCF within public rights-of- way. City-initiated. (TABLED FROM SEPTEMBER 11, 2018). EXPLANATION OF REQUEST: This item was originally included within Ordinance 18-005, regarding telecommunications in Public Rights-of- Way and initially heard and approved on April 3rd. These amendments were removed from Ordinance 18-005 prior to adoption for further review and processing under a separate ordinance. The Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The City Commission adopted Ordinance 18-005 on May 1, 2018 which amended the Code of Ordinances, Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way, to implement the new regulations of the Act. Further amendments are necessary to Part I I I of the Land Development Regulations to avoid any conflict with the amendments in Ordinance 18-005 and to ensure consistency with Federal and State requirements. The proposed amendments to Section 13 of Chapter 3 are summarized as follows: Section 13- Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. The only revision made to the proposed regulations subsequent to the initial review was to the footnotes corresponding with Table 3-30. Said revisions to the footnotes simply cross-reference Chapter 25.1, and the amendments achieved by Ordinance 18-005. The Planning & Development Board reviewed this item at their meeting on March 27th and forwarded it with a recommendation for approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: N/A ALTERNATIVES: None recommended STRATEGIC PLAN: Page 1129 of 1161 STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Ordinance Ord. Wireless Communications D Attachment Last Attachment D Staff Report Staff Report Page 1130 of 1161 ORDINANCE NO. 18- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING PART III. "LAND DEVELOPMENT REGULATIONS," CHAPTER 3, "ZONING," ARTICLE V, "SUPPLEMENTAL REGULATIONS," SECTION 13, "WIRELESS COMMUNICATION FACILITIES" OF THE CITY OF BOYNTON BEACH CODE OF ORDINANCES; TO PROVIDE FOR REVISIONS RELATED TO THE EXCLUSION OF REGULATIONS RELATED TO THE PLACEMENT OF WIRELESS COMMUNICATION FACILITIES IN THE PUBLIC RIGHTS OF WAY; PROVIDING FOR CITY COMMISSION AUTHORITY, CODIFICATION, SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the Florida Supreme Court held unanimously in City of Hollywood v. Mulligan, 934 So. 2d 1238, 1243 (Fla. 2006), that Article VIII, section 2(b) of the Florida Constitution and the Home Rule Powers Act,Florida Statutes § 166.021(3)(c),grant municipalities "broad authority to enact ordinances under its municipal home rule powers" and that "[ a]oder its broad home rule powers, a municipality may legislate concurrently with the Legislature on any subject which has not been expressly preempted to the State"; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in regulating the siting of communication towers, communication antennas, and wireless communication facilities to promote the public health, safety, aesthetics, and general welfare; and WHEREAS, the City of Boynton Beach has a substantial and significant public interest in protecting residential areas and land uses from potential adverse impacts of communication towers, communication antennas, and wireless communication facilities; and WHEREAS, such public interest extends to protecting,preserving and maintaining the health, safety and welfare of the residents while also protecting,preserving and maintaining the aesthetic character of areas where the residents reside and do business; and WHEREAS, the City of Boynton Beach desires to avoid potential detrimental impacts to adjacent properties from wireless communication facilities through engineering and careful siting; and WHEREAS, the City finds that this Ordinance will advance the public health, safety, and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City, all within the bounds of the Act and other state and federal laws governing communications facilities. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 100228951.1306-90018211 1 Page 1131 of 1161 SECTION 1.Recitals. The foregoing recitals are hereby ratified and confirmed as being true and correct and are hereby made a part of this Ordinance. SECTION 2. Amendment of City Code. Part III, "Land Development Regulations," Chapter 3, "Zoning," Article V, "Supplemental Regulations," Section 13, "Wireless Communication Facilities("WCF"), of the City of Boynton Beach Code of Ordinances be, and the same are hereby amended as provided in Exhibit "A", which is attached to this Ordinance, and hereby incorporated by reference (words that are stricken out are deletions; words that are underlined are additions). SECTION 3. Codification and Reservation of Rights. This Ordinance shall be incorporated into the Boynton Beach City Code. Any section,paragraph number,letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this ordinance and the City Code may be freely made. Adoption and codification of this ordinance does not waive the city's right to contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness of the Act or any part thereof and the city hereby reserves the right to contest and otherwise challenge the Act. SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,whether for substantive,procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as allowable under the law. SECTION 6. Effective date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all existing and future applications for permits. FIRST READING this day of 2018. 100228951.1306-90018211 2 Page 1132 of 1161 SECOND, FINAL READING AND PASSAGE this day of 2018. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor— Steven B. Grant Vice Mayor— Christina L. Romelus Commissioner—Mack McCray Commissioner—Justin Katz Commissioner—Joe Casello VOTE ATTEST: Judith A. Pyle, CMC City Clerk (Corporate Seal) 100228951.1306-90018211 3 Page 1133 of 1161 ATTACHMENT "A" PART III. LAND DEVELOPMENT REGULATIONS CHAPTER 3. ZONING, ARTICLE V. SUPPLEMENTAL REGULATIONS, SECTION 13. WIRELESS COMMUNICATION FACILITIES (WCF) Section 13. Wireless Communications Facilities (WCF). WCF means any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, or wireless data transmission/reception, and usually consisting of an antenna or group of antennas, transmission cables, and equipment cabinets, and may include an antenna support structure. WCF include developments containing new,mitigated,pre-existing antenna support structures, or co-location on existing antenna support structures, and include attached WCF, concealed WCF, and non-concealed WCF. A. General Provisions. 1. Purpose and Intent. The purpose of this ordinance is to establish minimum development standards for the regulation of commercial WCF and their related accessory equipment and buildings. The intent of this ordinance is the following: a. Promote the health, safety, and general welfare of the public by regulating the siting of WCF; b. Control placement of WCF in a way that minimizes the visual impact to nearby properties by locating them in areas where the impact on the community is minimal; c. Implement the provisions of the Telecommunications Act of 1996 at a local level; and d. Maximize the opportunity for the shared use of new and existing WCF through co-location, in order to reduce the number of new WCF needed to serve the community. 2. Administration. The Director of Planning and Zoning or designee shall be responsible for the overall coordination and administration of this section. 3. Applicability. Except as otherwise specifically provided herein, the installation, construction, or modification of proposed and existing WCF shall be subject to the regulations of this section. However, WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part 11, Chapter 25.1, as amended. 4. Exemptions. The following are exempt from the provisions of this section: a. Noncommercial Antennas and Satellite Earth Stations. Noncommercial amateur radio antennas and satellite eat:t4 stationi dish antennas are subject to the provisions of Section 12 of this article. b. City-owned WCF on Public Property or Right-of-Way. If this section would prohibit City- owned WCF from being located at a specific site, and WCF are required to protect the public welfare or safety, the applicable criteria of this section may be exempted by the City Commission, except as otherwise required by Florida Statutes. In such cases the Commission shall make a finding of fact indicating the justification for the exemption. 100239354.4 306-90018211 1 Page 1134 of 1161 c. Temporary Facility. (1) State of Emergency. Temporary, commercial WCF, upon the declaration of a state of emergency by federal, state, or local government, or determination of public necessity by the City Manager, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to sixty (60) days after the duration of the state of emergency. (2) Special Event. Temporary, commercial WCF, utilized in conjunction with coverage of a special event, except that such facilities must comply with all applicable federal and state requirements. Said WCF may be exempt from these provisions up to one (1) week after the duration of the special event. d. Radio and TV Broadcasting. Antenna support structures, antenna, and/or antenna arrays for AM/FM/TV/HDTV broadcasting transmission facilities that are licensed by the FCC shall be regulated in accordance with the Use Matrix of Chapter 3, Article IV, Section 3.C. as an industrial service use. 5. Terms and Definitions. See Chapter 1, Article H for all applicable terms and definitions which pertain to the regulations and standards contained herein. B. General Standards. Where allowed as provided in Table 3-29 (Zoning Districts and Affiliated Process) herein, the following development regulations shall apply to all new, mitigated,_ roGU , or combined wireless facility installations. 1. Pre-Existing WCF. Any WCF which legally existed prior to the effective date of this ordinance are considered permitted nonconforming uses and structures, and shall be deemed pre-existing WCF. Additions to or enlargement of any pre-existing nonconforming WCF shall be required to comply with this section and shall be governed as follows: a. Routine Maintenance. To encourage the use of existing facilities,such nonconforming status shall not prevent the routine maintenance on nonconforming WCF, or prohibit the placement, modification or relocation of any antenna on any such WCF. b. Modifications. r,oRp; ��+�� Ra �r tesefa The City may allow nonconforming WCF to be repaired, reconstructed, replaced, or increased in height upon a demonstration by the applicant that the new or modified WCF complies with the current regulations to the maximum extent practicable, while achieving an overall public benefit in terms of the provision of services. 2. Additional Uses on Lot. WCF may be located on a leased parcel of a conforming lot containing a lawful principal use. Separation between WCF and other uses on the lot may be required to ensure compatibility. 3. District Height Limitations. The requirements set forth herein shall govern the location of WCF that exceed, and antennas that are installed, at a height in excess of the building height limitations specified for each zoning district. The height limitations applicable to buildings and structures shall 100239354.4 306-90018211 2 Page 1135 of 1161 not apply to WCF regulated by this section, and WCF shall not require an exception to the building height limitations. 4. Equipment Cabinets. Cabinets and equipment shelters may be provided within the principal building, behind an approved screen on a rooftop, or on the ground within the fenced-in and screened equipment compound, ^t: mettated ^N too pole of an attae e 3x'GF ' ,; 4if ^ 14ght of depending on the type of WCF. Cabinets and equipment shelters shall not be visible from pedestrian views and shall be fenced and screened as required below. a. Storage. Equipment shelters shall not be used for the storage of any excess equipment or hazardous waste (e.g., discarded batteries). Mobile or immobile equipment not used in direct support of WCF shall not be stored or parked on the site of WCF, unless on a temporary basis while repairs are being made to WCF. No outdoor storage yards shall be allowed in WCF equipment compounds. b. Unmanned. Equipment shelters shall be unmanned and not used as habitable space. 5. Equipment Compound Enclosure. All equipment compounds on the ground,with the exception of concealed attached stealth WCF integrated into the architecture of a building, shall, at a minimum, be enclosed with a fence eight (8) feet in height. To effectively screen the equipment compound in residential districts and in any district where the equipment compound is visible from a public right- of-way,the enclosure shall consist of a masonry wall eight(8)feet in height, constructed in accordance with the community design standards (see Article III, Section 3.E.). For public safety, access to WCF shall be through a locked gate. 6. Landscaping. Landscaping around the perimeter of ground equipment shall consist of a landscaped strip wide enough to accommodate trees, shrubs, and a fence or wall enclosure installed around the outside of the entire equipment compound. The general landscape standards shall be consistent with those of Chapter 4, Article II, Landscape Design and Buffering, Section 4.A (City- Wide Standards), except that the shrubs are required to be a minimum of three (3) feet in height at the time of installation. Water-wise trees with a minimum of four(4) caliper inches shall be spaced every twenty (20) feet on center within the landscape strip. Additional landscaping may be required around the perimeter of a wall or use of a screening fabric around the perimeter of a fence to maximize compatibility with adjacent properties. An alternative design may be allowed with respect to proposed buffering components, tree spacing, and plant material, provided that such alternate landscape plan is approved in accordance with Chapter 4, Article II, Section 5 (Alternate Compliance). Irrigation, maintenance, and replacement of required landscaping shall be the responsibility of the owner of the WCF. On City-owned properties, required WCF landscaping shall be maintained by the City or its designated landscape contractor, and the owner of the WCF shall be required to pay an annual landscape maintenance fee to the City. 7. Parking. A minimum parking space requirement for WCF is not required, however access to WCF must be provided, and temporary off-street parking as part of a principal use on site may be utilized. 8. Signage. Except as otherwise permitted in this ordinance, no signage, lettering, symbols, images, or trademarks in excess of 200 square inches shall be placed on or affixed to any part of a WCF, antenna, equipment building, or security fencing other than as required by FCC regulations or other applicable law. Warning signs of"NO TRESPASSING" and "HIGH VOLTAGE— DANGER" shall 100239354.4 306-90018211 3 Page 1136 of 1161 be installed at least five(5)feet above the finished grade of the fence or wall and shall not be obstructed by landscaping. 9. Lighting. Except as otherwise permitted in this ordinance, no signals, lights or illumination of any kind shall be permitted on or directed toward any WCF unless required by the FCC, the FAA, or other appropriate public authority. Any security lighting for on-ground facilities and equipment shall be in compliance with Chapter 4, Article VII (Exterior Lighting Standards) of the LDR. 10. Generators. Generators may not be used as a primary electrical power source for a WCF. Generators may be used for temporary power prior to receipt of a CO and not to exceed thirty (30) days. Backup generators shall only be operated during power outages and for testing and maintenance purposes. Any and all generators used for WCF shall control the noise level by use of a silencer or other device that will reduce the noise level to no more than 70 decibels. All generators or alternators used on site shall use propane fuel. Subject to the approval by the Director of Utilities and the Director of Development, the use of diesel powered emergency generators may be permitted where more than three (3)providers have co-located on a WCF. 11. Structural Standards. WCF and their equipment compounds shall be constructed and maintained in conformance with the Florida Building Code, specifically Chapters 15, 16, and Section 3108 for construction and design loads. WCF shall be designed to resist wind loads in accordance with TIA/EIA-222, the federal standards for Steel Antenna Towers and Antenna Supporting Structures. In addition, all accessory equipment buildings, cabinets, or structures, or modifications to WCF shall require building permits and inspections. Design documents for towers, antennas and other structures required to meet wind loads shall bear the raised seal and signature of an engineer licensed and registered in the State of Florida. All work such as clearing and grading, driveway construction, and installation of WCF and enclosure shall be permitted in accordance with the applicable sections of the LDR. 12. Hazardous Location. WCF are prohibited when a proposed or existing principal use or uses within two hundred(200)feet of a proposed WCF includes the storage, distribution, or sale of volatile, flammable, explosive or hazardous wastes, including but not limited to, LP gas, propane, gasoline, natural gas, and corrosive or dangerous chemicals, unless the City Fire Marshal determines that the proximity of the WCF does not pose any danger or risk of explosion or fire or unless used for backup power purposes. C. Attached WCF. Attached WCF are an antenna or antenna array that are secured to an existing building or structure with any accompanying pole or device which attaches it to the building or structure, together with transmission cables, and an equipment cabinet, which may be located either on the roof or inside/outside of the building or structure, attaehed to t4ility rebs ,44if ght of v,ay. Attached WCF are considered to be an accessory use to the existing principal use on a site. 1. Concealed Attached WCF. Concealed attached WCF, sometimes referred to as camouflaged facilities, are WCF, including their ancillary structures or equipment compounds, that are not readily identifiable as such, and are designed to be aesthetically compatible with existing and proposed buildings and uses on a site. Examples include,but are not limited to the following: screened antennas that blend with and are incorporated into existing architectural features of a building such as a church steeple, bell tower, clock tower, or cupola. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. 100239354.4 306-90018211 4 Page 1137 of 1161 a. Height. WCF shall only be allowed on buildings at least forty (40) feet in height, not to exceed more than fifteen (15) feet above the roofline. b. Setbacks. WCF and associated accessory equipment shall be located within the buildable area of the lot and not within the front, rear, or side yard building setbacks, and subject to the setbacks of the underlying zoning district. When located on a nonconforming building or structure, then the existing nonconforming setback shall apply. c. Design. Feed lines and antennas shall be designed to architecturally match the facade, roof, wall, or structure on which they are affixed so that they blend with the existing structural design, color, and texture. Existing conforming building element structures (excluding towers) in excess of 50 feet in height may, as a matter of right, be rebuilt, if necessary, to support or contain a new antenna, provided that the new structure is the same height and substantially the same in appearance as the structure it replaces. d. Ground Equipment. Equipment buildings shall not exceed a total of 500 square feet and shall not exceed eight (8) feet in height. e. Rooftop Equipment. Rooftop equipment shall not occupy more than 25% of the roof area and shall comply with the exterior building and site design standards (see Chapter 4, Article I11, Section 3.A.9). 2. Non-concealed Attached WCF. Non-concealed attached WCF are wireless communication facilities that are readily identifiable as such. a. Location. WCF shall be allowed on City-owned real property eleettie „*i'i*y poles, li& staled r such as existing ball park light poles, pfepeft�-,-subject to approval of the City eempor on privately-owned property. WCF located in public rights-of-way are subject to the regulations of the City's Code of Ordinances, Part II, Chapter 25.1, as amended. b. Height. WCF shall only be attached to poles 50 feet or more in height,provided that the total length of any antenna does not exceed 204-8% of the height of the existing pole. The total height shall be determined by the highest point of any and all components of the structure, including antennas. Py til; at D. Freestanding WCF. Freestanding WCF are any manned or unmanned location for the transmission and/or reception of radio frequency signals, or other wireless communications, usually consisting of an antenna or group of antennas, feed lines, and equipment cabinets, and include an antenna support structure. WCF include, but are not limited to the following: stealth, monopole, guyed, or lattice antenna support structures. 100239354.4 306-90018211 5 Page 1138 of 1161 1. Generally. a. Determination of need. No new or mitigated WCF shall be permitted unless the applicant demonstrates that no existing WCF within applicant's coverage area can accommodate the applicant's proposed use; b. Co-location. All new or mitigated WCF up to 80 feet in height shall be engineered and constructed to accommodate no less than two (2) antenna arrays. All WCF between eighty-one (8 1) feet and one hundred (100) feet shall be engineered and constructed to accommodate no less than three(3) antenna arrays. All WCF between one hundred one(101) to one hundred fifty (150) feet shall be engineered and constructed to accommodate no less than four(4) antenna arrays. c. Separation. A minimum separation distance of 750 feet shall be required between proposed and existing freestanding WCF. A waiver or reduction of separation distance between WCF may be approved by the City Commission based upon the inability to co-locate on existing structures, the need to have more than one (1) WCF, or the efficient use of available land within permitted zoning districts. The decision shall be based upon a finding of compatibility and competent and substantial evidence that the waiver request meets one or more of the following criteria: (1) Locational requirements/limitations as established by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC) or the Public Service Commission (PSC), if any; (2) Identification of a more appropriate site that does not meet the separation requirements above, by analysis of factors such as distance from residential uses, existence of permanent screening and buffering, and location within a large area of commercial or industrial use; (3) To avoid the location of a tower on environmentally sensitive land, a wilderness area, a historical site, or other sensitive area; or (4) To reduce the impact on adjacent residential uses. d. Design. New antenna support structures shall be configured and located in a manner that shall minimize adverse effects including visual impacts on the landscape and adjacent properties. e. Clearing and Grading. Clearing and grading shall be minimized and limited only to the area necessary for the new WCF and done in accordance with city regulations. f. Access. Each site shall have access from an improved right-of-way gpproved by the CityThe access—dr-lVeway shall extend f em *'"I- street to an appropriate location on the premises where a vehicle would need to be parked to facilitate normal maintenance of the facility. g. Height. Maximum height shall be measured from ground level to the highest point of the WCF, including any antenna. Height limit shall exclude lightning rods or lights required by the FAA that do not provide support for antennas. h. Safety. All support structures shall comply with the requirements of the Florida Building Code and safety standards contained in the Electronics Industries Association/ 100239354.4 306-90018211 6 Page 1139 of 1161 Telecommunications Industries Association(EIA/TIA)document 222-F,"Structural Standards for Steel Antenna Towers and Supporting Structures," as amended. i. City's Option to Co-locate. The City through an agreement negotiated with the owner of the WCF, to co-locate emergency/public safety equipment on a*-y proposed non-concealed freestanding WCF within the City's jurisdiction, provided that the co- location of antennas does not interfere with the normal operation of approved WCF. Subject to the terms of any negotiated and_approved agreement, the R- space space on a new non-concealed freestanding WCF,including AnLreserved ground space for equipment,shall be required for future City co-location, and shall be noted on plans. 2. Concealed Freestanding WCF. Concealed freestanding WCF, sometimes referred to as stealth facilities, are WCF that are not readily identifiable as such, and designed to blend into the surrounding environment and be aesthetically compatible and in proportion with existing and proposed buildings and uses on a site. WCF sometimes have a secondary, obvious function such as a flagpole, light pole, or tree. The accessory ground equipment for concealed, freestanding WCF shall be screened from abutting rights-of-way through the utilization of landscMing or other screening mechanisms. a. Residential districts. In residential districts, as indicated on Table 3-29 herein, new WCF shall only be permitted on lots with a minimum lot size of one (1) acre, containing only non- residential uses, including but not limited to, schools, churches, fire stations, parks, and other public property. b. Height. Height shall be according to the zoning district in which WCF is located. (1) In all residential districts as indicated on the Tables in this Section, the maximum height shall be limited to 25 feet above the maximum building height of the zoning district. (2) In the PU and REC districts, the maximum height shall be limited to 100 feet. (3) In all commercial districts, the maximum height shall be limited to 30 feet above the maximum building height of the zoning district. (4) In all mixed use districts, the maximum height of concealed freestanding WCF shall be limited to the approved building height or a total of 70 feet, whichever is less. (5) In industrial districts, except where prohibited in a mixed-use pod with a residential component within a PID, the maximum height shall be limited to 100 feet, if located less than 1,000 feet from a residential use, and 150 feet if located if located in excess of 1,000 feet from a residential use. c. Setbacks. In all zoning districts where allowed, WCF shall be set back one-half the height of the antenna support structure from all property lines. However, in all instances, the minimum setback distance from the property line of any residentially zoned property or the boundary of a residential component within a mixed use pod, shall be at least one and one-half(1.5) times the height of the entire proposed WCF structure. 100239354.4 306-90018211 7 Page 1140 of 1161 d. Design. WCF shall be designed to blend into the surrounding environment and be aesthetically compatible and in proportion with building mass and existing features or landscaping on site. 3. Non-concealed Freestanding WCF. Non-concealed freestanding WCF are those facilities that are readily identifiable as such, and include, but are not limited to, the following: guyed, lattice, or monopole antenna support structures. a. Antenna support structure. WCF shall be limited to monopole type antenna support structures, unless the applicant demonstrates that such design is not feasible to accommodate the intended users. b. Height. The maximum height shall be limited to a total of one hundred(100)feet. However, the maximum height may exceed 100 feet, but shall not exceed 150 feet, if the subject WCF is located within an M-1 or PID zoning district, and located in excess of 1,000 feet from a residential use. c. Setbacks WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However, the minimum setback distance shall be at least two (2) times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three(3)times the height of the WCF structure from the property line of any adjacent residential use. d. Design. (1) Antenna support structures shall maintain a galvanized gray finish or other approved compatible color, except as required by federal rules or regulations. (2) New antenna mounts shall be flush-mounted, unless it is demonstrated through RF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. 4. --aff"10- Modification of Existing WCF. r itigatien is Modification to an existing WCF to increase the height, or to improve its integrity, or to replace or remove one or several antenna support structures located in proximity to a proposed new antenna support structure, in order to encourage compliance with this section or improve aesthetics or functionality of the overall wireless network. a. Determination of Need. WCF n44gatie*modification shall accomplish a minimum of one of the following: reduce the number of WCF; reduce the number of nonconforming WCF; replace existing WCF to reduce visual obtrusiveness; or replace existing WCF with new WCF to promote greater co-location opportunities or improve network functionality, resulting in compliance with this ordinance. b. Height. The owner of an existing WCF shall endeavor to limit the height of a modified WCF to a height that does not exceed the maximum height limitations of this section based on the type of WCF and the zoning district. A R-replacement WCF with an increased height of no more than ten percent (10%) or no more than the height of one 100239354.4 306-90018211 8 Page 1141 of 1161 additional antenna array with separation form the nearest existing antenna not to exceed twenty (20) feet, whichever is greater, shall not be considered a substantial change, and require building permiLapproval. c. Setbacks. A ii-New WCF appf&ved 14 ffi4iga4eii el'+hat modifies an existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF-. W;+ ­140idt, d. Buffers. At the time of modificationmitigation, equipment compounds shall be brought into compliance, to the extent legally required with the screening and buffer requirements of this section. e. Design. Modified antenna support structures shall comply with the provisions herein to reduce nonconformity and minimize adverse effects on the landscape and adjacent properties, with specific design considerations as to WCF type, height, scale, color, texture, and architectural design of the buildings on the same and adjacent lots. 5. Antenna Element Replacement or Repair. Any repair or replacement of an existing antenna or antenna array with another of like size and shape that will not alter the structural integrity of the support structure may be completed, subject to submittal and approval of the required building permi .1 shall be exemptled -14-ofn fur-Oler- r-evi_­ +In+ n -+-4-4 A-11 I­ F­v­ ul Sti by R EtURI-Ped +eekiii-1--fl- W...RE4 ff4ef"+I+e Of tile Sdf)f)E)f:+ S+ ellanges W;11 IqE)+ a4T-e+ + I Md6tiffe, a*44ka, -...y ... I "I I Eke eieetf eai Spee.41i6ations. 6. Co-location. Co-location means the practice of installing and operating multiple wireless carriers, service providers, and/or radio common carrier licensees on the same antenna support structure or attached WCF using different and separate antenna, feed lines and radio frequency generating equipment. a. Height. Co-located or combined WCF shall not increase the height of an existing antenna support structure, except as may be otherwise authorized by Federal or State law. b. Setbacks. (1) Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on the type of WCF, and zoning district in which it is located. (2) Co-location of antenna on WCF approved prior to this ordinance may locate proposed accessory equipment buildings within existing equipment compound enclosures,provided the minimum established setbacks of existing WCF are met. c. Design. New antenna mounts shall be flush-mounted onto existing WCF, unless it is demonstrated through RIF propagation analysis that flush-mounted antennas will not meet the network objectives of the desired coverage area. d. Buffers. At the time of installation of additional equipment to WCF, the applicant shall endeavor, to the extent legally reguired, bring the equipment compound shall be br-oid� into compliance with the screening and buffer requirements of this section. 100239354.4 306-90018211 9 Page 1142 of 1161 TABLE 3-29. Zoning Districts and Affiliated Process. Non- Non- Mit+gatkmModification Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing WCF 7 Element locatic WCF 1 WCF 2 WCF 4 WCF 4 Replacement 8 R-1 CC 3 AD AD AD R-2 AD CC 3 AD AD AD R-3 AD AD CC 3 AD AD AD R-4 AD CC 3 AD AD AD PUD AD AD CC AD AD AD IPUD AD AD CC 3 AD AD AD MHPD CC 3 AD AD AD C-1 AD CC AD AD AD C-2 AD CC AD AD AD C-3 AD AD CC AD AD AD C-4 AD AD CC AD AD AD CBD AD AD CC AD AD AD PCD AD AD CC AD AD AD REC AD AD CC CC 5,6 AD AD AD PU AD AD CC CC 5,6 AD AD AD SMU AD AD CC AD AD AD MU-L-1 AD AD CC AD AD AD MU-L-2 AD AD CC AD AD AD MU-L-3 AD AD CC AD AD AD MU-4 AD AD CC AD AD AD MU-H AD AD CC AD AD AD PID AD AD CC CC AD AD AD M-1 AD AD CC CC AD AD AD Legend: AD-Administrative(Staff)Review CC-City Coinmission(Public Hearing)Approval Blank-Not Allowed Footnotes: 1 Concealed attached WCF shall only be allowed on building features that are a minimum of 40 feet in height,not to exceed 15 feet above the roofline. 2 Non-concealed attached WCF are allowed on otilit.,rales ^i4a f eestap inn ligl4sA,4444 a piiblie Fi& 4 ^ t+' eGt*^ private property or publicly-owned property,excluding public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. 3 Concealed Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use(school,church) 4 A minimum separation of 750 feet is required between freestanding WCF. Freestanding requires conditional use approval. In industrial districts,except where prohibited in a mixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. 5 Only when located on City-owned property of two (2)acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three (3)tunes the height of WCF structure required from the property line of an adjacent residential use. 7 Replacement WCF with increased height requires public hearing approval. 100239354.4 306-90018211 10 Page 1143 of 1161 8 Administrative review#)pfw,,4 unless on City-owned site and the lease requires each Tenant to have a separate lease with City(each lease requires City Coiumission approval as a lease amendment),or the lease requires written consent letter(City Cormnission consent agenda). n-1Singgle Fafnily%sidenti l C'2 Ne:,.1,i.,�.€�EiB1SN41; c..i... "., r2��:.,Ed;se *-2 Duplex eSids4#i"' E 3 E9mm'UH45,cofflffleFEial T41r I I MiNedTerse Low Intensity 1 P 3 44;14i rte„ii,R@ 4@44:"i r 4 C�P;"i C,,,,.,,.",.":"i 44;r 2Mi.�rrr S"o A,144." ��un��rt,�H:l"u,,..."nl".,.,"a n".,"�„�,,..",,. �rC n",.r""r:,,., n�A7"" T"aagr-i"�n"l C 9€fEe4? F SSie; ] E�Sa A4 1 L4ght hidust TABLE 3-30. Maximum Heights of WCF Non- Non- MtkjationlVlodification Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing WCF Element locatic WCF WCF WCF WCF Replacement R-1 55' 3,4 7 7 7 R-2 21 55' 3,4 7 7 7 R-3 1 21 55' 3,4 7 7 7 R-4 55' 3,4 7 7 7 PUD 1 21 75' 3,4 7 7 7 IPUD 1 21 75' 3,4 7 7 7 MHPD 55' 3,4 7 7 7 C-1 2 55' 4 7 7 7 C-2 2 55' 4 7 7 7 C-3 1 2 75' 4 7 7 7 C-4 1 2 75' 4 7 7 7 CBD 1 2 130'4 7 7 7 PCD 1 2 75' 4 7 7 7 REC 1 2 100' 4 100' 4,5,6 7 7 7 PU 1 2 100' 4 100' 4,5,6 7 7 7 SMU 1 2 70' or less 4 7 7 7 MU-L-1 1 2 70' or less 4 7 7 7 MU-L-2 1 2 70' or less 4 7 7 7 MU-L-3 1 2 70' or less 4 7 7 7 MU-4 1 2 70' or less 4 7 7 7 MU-H 1 2 70' or less 4 7 7 7 PID 1 2 100-150' 4 100-150' 4 7 7 7 M-1 1 2 100-150' 4 100-150' 4 7 7 7 Footnotes: 1 Concealed attached WCF shall only be allowed on buildings that are a minimum of 40 feet in height,not to exceed 15 feet above the roolline, and exclude public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . 2 Non-concealed attached WCF are allowed only on„t:':,.,pales^aa f+eestaading'i&s t4at^ e t4aa 40 feet:414eig 4 and !@GatOd W4444 a P446 ri& E4 Way (sttbjeet to agreeRwi#w414 t4e agmey represePA44,e W414 jtWisEfiG4@14 ave rpt ^4.,^ Pa'^r t4@+444i'GOR4ppany) of ai4 e*i444g bali pagi ligW poles that are more than 50 feet in height,excluding in public rights-of-way which are regulated by Part 11 of the City's Code of Ordinances, Chapter 25.1 as amended. . The total length of any antenna shall not exceed 44 10 percent of the height of the existing otility ar lig pole. 3 Freestanding WCF in residential districts shall only be allowed on lots of one (1) acre or more that have a nonresidential use(school,church,etc.). Maximum height is limited to 25 feet above the maximum building height of the zoning district. 4 A minimum separation of 750 feet is required between freestanding WCF. In industrial districts,except where prohibited in a inixed-use pod with a residential component within a PID,the maximum height shall be limited to 100 feet if located 100239354.4 306-90018211 11 Page 1144 of 1161 less than 1,000 feet from a residential use, and 150 feet if located in excess of 1,000 feet from a residential use. In all mixed-use districts height is limited to approved building height or 70 feet whichever is less. 5 Only when located on City-owned property of two (2)acres or more. 6 Restricted to a maximum height of 100 feet. A setback of three (3)times the height of WCF structure required from the property line of an adjacent residential use. 7 Shall comply with maximum height per table based on WCF type and zoning district. Any additional height requires public hearing approval. TABLE 3-31. Setbacks and Separation Between WCF Non- Non- Mod ificationatien Zoning Concealed concealed Concealed concealed of Antenna Co- District Attached Attached Freestanding Freestanding Existing WCF Element locatic WCF WCF WCF WCF Replacement R-1 3,4 6 7 R-2 21 3,4 6 7 R-3 1 21 3,4 6 7 R-4 1 3 4 6 7 PUD 1 21 3,4 6 7 IPUD 1 -2 3,4 6 7 MHPD 3,4 6 7 C-1 2 3,4 6 7 C-2 2 3,4 6 7 C-3 1 2 3,4 6 7 C-4 1 2 3,4 6 7 CBD 1 2 3,4 6 7 PCD 1 2 3,4 6 7 REC 1 2 3,4 4, 5 6 7 PFJ 1 2 3,4 4, 5 6 7 SMU 1 2 3,4 6 7 MU-L-1 1 2 3,4 6 7 MU-L-2 1 2 3,4 6 7 MU-L-3 1 2 3,4 6 7 MU-4 1 2 3 4 6 7 MU-H 1 2 3,4 6 7 PID 1 2 3,4 4, 5 6 7 M-1 1 2 3,4 4, 5 6 7 Footnotes: 1 Concealed attached WCF shall be subject to the setbacks of the underlying zoning district. When located on a nonconfonning building or structure,then the existing nonconfonning setback shall apply. Excludes location in public rights-of-way which are regulated by Part II of the City's Code of Ordinances, Chapter 25.1 as amended. . Non- concealed attached WCF are allowed on otilit.,roles ^aa f eesta ding li&s w4444 a p4lie ri& @�way, so jet t rip vate propeLty or publicly-owned property, excluding public rights-of-way which are regulated by Part 11 of the City's Code of Ordinances, Chapter 25.1 as amended. 3 Concealed freestanding shall be set back one-half the height of the antenna support structure from all property lines, however,in all instances the minimum setback from the property line or the boundary of a residential component within a mixed-use pod,shall be at least one and one-half(1.5)times the height of the entire proposed WCF structure. 4 A minimum separation distance of 750 feet between proposed and existing freestanding WCF is required. 5 Nonconcealed freestanding WCF and their equipment compounds shall be subject to a minimum setback distance equal to the height of the proposed antenna support structure. However,the minimum setback distance shall be at least two 100239354.4 306-90018211 12 r� Page 1145 of 1161 (2)times the height of the WCF structure from the property line of any adjacent residential use. In REC and PU districts, the minimum setback distance shall be three (3) times the height of the WCF structure from the property line of any adjacent residential use. 6 New WCF approved for H4**4effmodification of existing WCF shall be constructed on site within close proximity to existing WCF at the same or greater setbacks than previously established. All proposed accessory equipment buildings shall comply with established setbacks for existing WCF without increasing nonconformity. 7 Ground equipment to be located in conjunction with co-location shall comply with the setback requirements depending on type of WCF,and zoning district in which it is located. E. Submittal Requirements. A completed application and filing fee with all required documents as specified on the application checklist, including but not limited to, signed and sealed site plans, antenna support structure elevations, and landscape plans shall be submitted to the Planning and Zoning Division. F. Approval Process. 1. Pre-application Meeting. Prior to leas4gg or-pi,.,.Lasing f,,�4o anv application submittal,the WCF service provider is required to meet with the Director of Planning and Zoning or designee to determine the type of approval process, and to review the merits of potential locations. 2. Administrative Approval. The approval of WCF subject to administrative review as identified in Table 3-29 shall be processed as a minor site plan modification in accordance with Chapter 2,Article II, Section 2.F.7.c. If the Director of Planning and Zoning or designee determines that the application and documentation fail to meet the intent of this ordinance, the City may, in writing, deny the request. Applicants who have been denied a request for a WCF may formally appeal such denial to the City Commission in accordance with Chapter 1, Article VIII. 3. City Commission Approval. Approval of WCF subject to City Commission public hearing review as identified in Table 3-29 shall be processed in accordance with Chapter 2, Article I, Section 4. 4. Review Criteria. The WCF shall comply with the regulations and requirements of this section. Notwithstanding compliance with the aforementioned,for WCF applications requiring public hearings, the City Commission shall also consider the following: a. Height of the proposed WCF; b. Nature of use(s) on adjacent and nearby properties; c. Surrounding tree coverage and foliage; d. Design of the WCF,particularly with respect to design attributes having the effect of reducing or eliminating visual obtrusiveness; and e. Proposed ingress and egress. 5. Conditions of Approval. In granting an approval, the City may impose conditions necessary to minimize any adverse effect of the proposed WCF on adjoining properties. G. Publicly-Owned Property. 100239354.4 306-90018211 13 Page 1146 of 1161 1. Agreements. If an applicant requests a permit to locate a WCF on City-owned property withili Et City t4ght of way, the permit granted hereunder shall not become effective until the applicant and the jurisdiction have executed a written agreement or lease in a form acceptable to the City Attorney setting forth the particular terms and provisions under which the permit to occupy and use the public lands of the jurisdiction will be granted, and releasing the City from all liability regarding WCF. 2. Occupancy or Use. No permit granted under this section shall convey any exclusive right, privilege,permit, or franchise to occupy or use the publicly-owned sites of the jurisdiction for delivery of telecommunications services or any other purpose. a. No permit granted under this section shall convey any right,title or interest in the public lands, but shall be deemed a permit only to use and occupy the public lands for the limited purposes and term stated in the grant. Further, no permit shall be construed as a conveyance of a title interest in the property. H. Interference with Public Safety WCF. Whenever the City has encountered radio frequency interference with its public safety communications equipment, and it believes that such interference has been or is being caused by one or more WCF, the following steps shall be taken: 1. Notification. The City shall provide notification to all WCF service providers operating in the jurisdiction of possible interference with the public safety communications equipment. Upon such notification,the owners shall use their best efforts to cooperate and coordinate with the City and among themselves to investigate and mitigate the interference if the WCF owner is operating outside of its FCC frequencies. 2. Reimbursement. If any WCF owner is operating outside of its assigned FCC frequencies, or if the FCC makes a determination that the WCF is operating outside of its frequencies and causing_radio frequency interference with the City public safety communications equipment, the owner who fails to cooperate and/or the owner of the WCF which caused the interference due to operating outside of its licensed frequencies shall be responsible,upon FCC determination of radio frequency interference, for reimbursing the City for all costs associated with ascertaining and resolving the interference,including but not limited to any engineering studies obtained by the jurisdiction to determine the source of the interference. L Annual Registration and Certification. WCF owners shall file annually with the Director of Planning & Zoning or designee a declaration as to the continuing operation (with active antennas) of their facilities located within the City. Said declaration shall include a listing of all WCF users, names, and mailing addresses, and any additional information deemed appropriate by the City. 1. Continued Structural Integrity. Within sixty (60) days following a catastrophic act of God or other emergency that affects the structural integrity of the antenna support structure, as identified by the City's Building Department, a certification of continued structural integrity (i.e., a statement that a thorough and complete inspection of WCF was conducted and WCF and ancillary facilities are and will continue to perform as originally designed), certified by a qualified and licenses professional engineer, shall also be filed with the Director of Planning & Zoning or designee. 2. Failure to File. Failure to timely file either the annual declaration or the certification shall mean that WCF is deemed to be abandoned, unused, or unsafe, thus subject to removal. 100239354.4 306-90018211 14 Page 1147 of 1161 J. Removal of Abandoned, Unused, or Unsafe WCF. The intent and purpose of this subsection is to address the compelling public interest in ensuring that WCF are promptly disassembled, dismantled, and removed once they are no longer used. There may be substantial risk that WCF may cease being used in large numbers if there is a concentration or consolidation of competitors within the industry or if even newer technologies arise, obviating the need for antenna support structures. WCF that are abandoned or unused for a period of one hundred twenty (120) days shall be removed as follows: 1. Notice of Abandonment. WCF owners shall submit a copy of the"Notice of Intent to Abandon" required by the FCC to the Director of Planning and Zoning or designee, and remove its own equipment,including but not limited to the antenna support structure, antennas, generators, and service facilities or cabinets, within ninety (90) days of the cessation of use. WCF owners shall return the site to its natural state, or consistent with the current use of the land at the time of removal; or 2. Notice of Different Provider. WCF owners shall notice the Director of Planning and Zoning or designee that the provider's obligations for its equipment in the right-of-way or public easement or private property under this section have been lawfully assumed by another provider who will make actual use of the WCF within thirty (30) days; or 3. Proposal for Transfer to City. hi the event of an abandonment of the WCF, WCF owners may, s submit to the Director of Planning and Zoning or designee a proposal and instruments for transferring ownership of its equipment to the City. If a provider proceeds under this clause, the City may, at its option: a. Assume ownership of the equipment for a ten ($10.00) dollar nominal consideration to provider; or b. Require the provider, at provider's expense, to remove it; or c. Require the provider to post a bond in an amount sufficient to reimburse the city for reasonably anticipated costs to be incurred in removing the equipment. Equipment of a provider who fails to comply with the preceding sentence and which for six (6)months remains unused shall be deemed abandoned. Abandoned equipment is deemed to be a nuisance. The City may exercise any remedies and rights has at law or in equity, including but not limited to, (1) abating the nuisance, (2) taking possession of the equipment and restoring it to working condition, or (3) requiring removal of the equipment by the provider or by the provider's surety under any required maintenance bond t:e"it:ed by the Code of n,-a;,,.,aees „to,,n s et:t stpdettity itself be t e e abandened ., of fet4h above. K. Inspection. The City reserves the right to require additional inspections if there is evidence that the tower has a safety problem or is exposed to extraordinary conditions. Inspections shall be conducted by a registered engineer. Based upon the results of an inspection, the Building Official may require repair or removal of the WCF. Should the City have reason to believe WCF is not in compliance with applicable building and electrical codes, the City may conduct periodic inspections of the site to ensure structural and electrical integrity. 100239354.4 306-90018211 15 Page 1148 of 1161 100239354.4 306-90018211 16 Page 1149 of 1161 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 18-021 TO: Mayor and Commissioners FROM: Kathleen Hatcher Senior Planner DATE: June 4, 2018 RE: Approve (CDRV 18-001) - Amending the LAND DEVELOPMENT REGULATIONS, Chapter 3. Zoning, Article V. Supplemental Regulations: Section 12. Satellite Earth Stations and Antennas to insert provisions for HAM radio towers and antennas consist with FCC requirements, and Section 13. Wireless Communications Facilities (WCF) to implement regulations consistent with State legislation known as the Advanced Wireless Infrastructure Deployment Act that regulates WCF within public rights-of-way. EXPLANATION The above-referenced code revisions are necessary in order to update the Land Development Regulations to correspond with amendments to Part 11 of the City Code of Ordinances, Chapter 25.1 "Communications Rights-of-Way" adopted by the City Commission on May 1, 2018 by Ordinance 18-005. On June 23, 2017 the Florida legislature adopted the Advanced Wireless Infrastructure Deployment Act effective July 1, 2017 that revised regulations applicable to communications facilities in the public rights-of-way. The amendments to Code of Ordinances Part 11 Chapter 25.1 Communications Facilities in Rights-of-Way by Ordinance 18-005 are to implement the new regulations of the Act. Further amendments are necessary to Part III Land Development Regulations so that WCF regulations in the LDR do not conflict with the Part 11 amendments, and to ensure compliance with FCC requirements. The proposed revisions to the LDR update and expand Chapter 12 to amend the regulations on television antennas and amateur ham radio antennas to update terminology, restrict the number allowed, and establish height limits and setbacks while respecting preemption regulations by the Federal Communications Commission (FCC). The FCC's "PRB-1" is their declaratory ruling requiring that local zoning laws reasonably accommodate amateur antennas and support structures with minimal regulation and without unreasonable restrictions. It further reads that such regulations "...must constitute the minimum practicable regulation to accomplish the state or local authority's legitimate purpose". Due to the vague character of the FCC regulation, some jurisdictions have avoided any specific standards applicable to HAM towers and antennas and merely reference their objective to accommodate such communications systems consistent with the FCC directives. While many other cities and counties have adopted quantifiable standards as well as the provision to consider tower applications that fail to comply with such standards through the reasonable accommodation process. Staff has drafted amendments consistent with this latter format of regulations to provide some limits and structure as well as to ensure ultimate compliance FCC PRB- 1. Page 1150 of 1161 Current regulations in the LDR allow wireless communications facilities (WCF) to be located in public rights-of-way as "non-concealed attached WCF" which are antennas attached to utility poles and freestanding lights at least 40 to 50 feet in height, subject to agreement with the agency representative with jurisdiction over the right-of-way and/or the utility company. The WCF regulations are being amended to avoid conflict with WCF within public rights-of-way, regulated by Part II. Chapter 25-.1 as amended. Proposed revisions to Chapter 13 Wireless Communications Facilities (WCF) refer applicants to Part II Chapter 25.1 for all regulations pertaining to WCF within public rights-of-way. The WCF revisions also clarify that non-concealed attached WCF regulated in Ch. 13 of the LDR are only those located on publicly or privately-owned lots (not in public rights-of- way) and would be limited to poles at least 50 feet in height (such as ballpark lights). In addition, non-concealed WCF would not be allowed in residential zoning districts and would be limited to a height increase of ten (10) percent of the pole height when antennas are attached. PROPOSED AMENDMENTS A summary of the proposed amendments are as follows: Section 12 - Amateur Radio and Television Antennas • Update code terminology consistent with the industry; • Allow Amateur Radio/CB antennas as accessory only in conjunction with a single family use; • Simplify / clarify height standards for Citizens Band and TV towers by including only one standard for both freestanding and mounted towers, and maintaining maximum height as a factor of roof height (maximum of 15 feet higher than the roof (peak) height up to 40 feet); • Insert provisions for reasonable accommodation for HAM tower applications that fail to satisfy the development standards, in compliance with FCC requirements; • Maintaining setbacks for amateur radio/CB antenna support structures consistent with the structure setbacks in the zoning district, and establish a minimum setback from easements of 10 feet; and, • Exempt TV satellite dishes 40 inches or less in diameter for single-family residential districts. • Clarify requirements (process, number, location, setbacks, screening, and height) for single- family/duplex districts, multi-family residential district, and non-residential and mixed use zoning districts. Section 13 - Wireless Communications Facilities (WCF) • Reference WCF in public rights-of-way are subject to regulations of Part I I Chapter 25.1; • Revise non-concealed attached WCF to be on poles a minimum of 50 feet in height located on publicly or privately owned lots (not in rights-of-way); • Update tables to prohibit non-concealed attached WCF in residential zoning districts; and, • Update tables to add the recently approved new MU-4 zoning district. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to Chapter 3 Article V Sections 12 — 13 of the LDR to ensure no conflicts with Ordinance 18-005 Telecommunications in Public Rights of Way, adopted on May 1, 2018 in order to implement new state legislation known as the Advanced Wireless Infrastructure Deployment Act. These code amendments are also proposed to ensure that applications are acted upon consistent with state and federal law. Attachments -2 - Page 1151 of 1161 13.A. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1152 of 1161 13.B. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Staff to bring information concerning the following land parcels for the Commission to review- TBD Nichols Property Rolling Green Girl Scout Park EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 1153 of 1161 13.C. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve Cottage District Alley Abandonment(ABAN 18-001) allowing abandonment of the unimproved 15-foot wide alley running east/west from Seacrest Boulevard to NE 1st Street, between NE 4th Avenue and NE 5th Avenue. Applicant: Michael Simon, CRA Executive Director. - October 16, 2018 EXPLANATION OF REQUEST: Michael Simon, Executive Director of the Boynton Beach Community Redevelopment Agency (CRA), is requesting to abandon the unimproved 15-foot wide alley right-of-way (ABAN 18-001) running east/west from Seacrest Boulevard to NE 1St Street, between NE 4th Avenue and NE 5th Avenue. The CRA is requesting the abandonment as the majority property owner abutting the alley, in preparation for a potential redevelopment project, commonly referred to as the Cottage District. Staff has reviewed the request and recommends approval, subject to the attached Conditions of Approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Abandonment of the alley reduces the City's maintenance responsibility associated with the unimproved alley, and places the land on the tax roll. FISCAL IMPACT: The abandoned alley will be placed on the tax roll. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1154 of 1161 13.D. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve McDonald's Restaurant Conditional Use and Major Site Plan Modification (COUS 18-006/ MSPM 18-008) consisting of the construction of a 4,490 square foot fast food restaurant and associated site improvements at 1701 S. Congress Avenue in the C-3 (Community Commercial) zoning district. Applicant: Edward Ploski, Corporate Property Services, Inc. - October 16, 2018 EXPLANATION OF REQUEST: Mr. Edward Ploski, representing McDonald's Corporation, is seeking Conditional Use/ Major Site Plan Modification approval for the construction of a 4,490 square foot McDonald's fast food restaurant and associated site improvements at 1701 S. Congress Avenue, directly across South Congress Avenue from its shared location in the Marathon gas station. The proposed new location is part of a larger site (4.945-acre), which was originally approved in 2002 for a Walgreens building and attached 4,800 square feet of retail/office space on the north end of the property abutting Woolbright Road as Phase I, and a future Phase I I consisting a 4 story, 40,000 square foot retail/office building on the southern portion of the site. As part of the construction of the Walgreens building, the remainder of the site work was completed, including all landscaping, lighting, parking, drainage, and the building pad in preparation for the Phase I I building. With the 107,000 square foot Woolbright Corporate Center built on the property immediately to the south and the 79,000 square foot Woolbright Professional Building constructed one block to the east, the demand for additional office space in the immediate vicinity apparently was not warranted and the Phase I I parcel has continued to sit vacant. Staff has reviewed the requests and recommends approval. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Revenue associated with the permit fees, certificate of use fees and increased taxable value above that of the vacant building pad. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Page 1155 of 1161 Is this a grant? Grant Amount: Page 1156 of 1161 13.E. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-001) from Office Commercial (OC) to Mixed Use Low(MXL). Applicant: Exsorro One, Inc. Approve 1320 S. Federal Highway Rezoning (LUAR 18-001) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. - October 16, 2018 EXPLANATION OF REQUEST: The subject 0.51-acre property is located in the Federal Highway Corridor District (South) of the Community Redevelopment Area (CRA). The applicant proposes the future land use (FLU) amendment and rezoning to develop the property with a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with 1,920 square feet of retail space on the first floor and a small, 900 square foot art museum. The 2016 CRA Community Redevelopment Plan (the Plan) provides site-specific future land use recommendations for the entire CRA area. Consistently with the vision for economic revitalization embedded in the Plan, mixed use FLU categories are recommended for most areas close to downtown as well as for those along the major corridors. The applicant is requesting the Mixed Use Low (MXL) future land use category rather than the higher intensity, Plan-recommended Mixed Use Medium (MXM). The latter option is not feasible, as the subject property falls short of the minimum size required for the zoning district corresponding to the MXM classification. Nevertheless, the request substantially conforms to the intent of the Plan: all mixed use FLU categories promote intensification of redevelopment and walkable environments in support of public transit and lead to higher property values. Also—arguably—the lower intensity MXL classification is preferable given the proximity of a single-family neighborhood to the east of the subject property. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? No significant impact on either programs or services. FISCAL IMPACT: The project will contribute to the City's tax base. ALTERNATIVES: None recommended STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: Page 1157 of 1161 CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1158 of 1161 13.F. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve 1320 S. Federal Hwy. Office Building Major Site Plan Modification (MSPM 18-009) to construct a 10,898 square foot structure and associated site improvements. Applicant: Exsorro One, Inc. - October 16, 2018 EXPLANATION OF REQUEST: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed use project with office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer within the City's Zoning Regulations) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential use is not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square foot retail space on the first floor and a small, 900 square foot art museum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 1159 of 1161 13.G. FUTURE AGENDA ITEMS 10/2/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 10/2/2018 REQUESTED ACTION BY COMMISSION: Approve 1320 S. Federal Hwy. Office Building Height Exception (HTEX 18-001) to construct an office building in a MU-1 (Mixed Use 1) zoning district with architectural features up to 54'-10" in height, 9'-10" above the maximum allowable height. Applicant: Exsorro One, Inc. - October 16, 2018 EXPLANATION OF REQUEST: The proposed building is designed as a three (3)-story structure with roof access, a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8" feet. Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU-1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: The ultimate project will contribute to permit and business tax revenues, and the City's property tax base. ALTERNATIVES: None recommended. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: CLIMATE ACTION DISCUSSION: N/A Is this a grant? Grant Amount: Page 1160 of 1161 Page 1161 of 1161