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Agenda 11-20-18
The City of wr Boynton Beach y City Commission Agenda Tuesday, November 20, 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) VACANT (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 Page 1 of 697 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 697 1. OPENINGS A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz Roll Call Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational items by Members of the City Commission B. Make an appointment to fill the vacancy existing in Commission District 4. C. Administer the Oath of Office to Commissioner --- District IV, if selected. 3. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS A. Presentation by Joe Russo founder of"The 1909". B. Proclaim November 24, 2018 as Small Business Saturday. C. Announce Public Works Solid Waste Division will be having its annual Tire Amnesty Week for City residents beginning December 3rd, 2018 and ending December 7th, 2018. D. City Hall will be closed for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23, 2018. E. 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, December 11, 2018 F. Announce a Town Square Public Input Meeting on Open Spaces& Play Areas. G. Proclaim December 1, 2018 as World Al Ds Day. W insy Marcellus will be present to accept the proclamation. H. Announcement by Eleanor Krusell, Public Communications & Marketing Director, regarding the 48th Annual Holiday Parade and Light Up the Park. 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. Page 3 of 697 All vacancies are merged into the annual reappointments scheduled for December 4, 2018. 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. R18-166- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. B. PROPOSED RESOLUTION NO. R18-167- Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) to provide appropriation for repairs and painting of the 1913 Schoolhouse Children's Museum& Learning Center for $58,000. C. PROPOSED RESOLUTION NO. R18-168-Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital I mprovement Fund (302) as it relates to a I LA with the CRA that was previously approved. D. PROPOSED RESOLUTION NO. R18-169- Authorize the Mayor to accept the Department of Justice FY 2018 Justice Assistance Grant (JAG) (2018-DJ-BX-0424) and to sign any required documents associated with the grant, subject to the approval of the City Attorney. E. PROPOSED RESOLUTION NO. R18-170- Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 48th Annual Holiday Parade and Light Up the Park to be held Saturday, December 1, 2018. F. PROPOSED RESOLUTION NO. R18-171 -Authorize the City Manager to accept, and sign all grant documents, including the Grant Agreement for FDOT grant in amount of $25,000, subject to the approval of the City Attorney. G. Authorize the payment of $29,500 to PBC Law Enforcement Exchange of West Palm Beach, FL, for the cost of SmartForce software as a sole source vendor. The first year cost is to be paid from the Federal Forfeiture Trust Fund account. H. Approve extending the time period of a the bid for "Custodial Services for City Municipal Buildings and Facilities," Bid No. X078-2511-13/JMA, with Image Janitorial Services, Inc. of West Palm Beach, FL, effective December 2, 2018 for a period not to exceed six months. I. 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 November 20, 2018 - "Request for Extensions and/or Piggybacks." J. Accept the written report to the Commission for purchases over $10,000 for the month of October 2018. K. Legal Expenses - October 2018 - information at the request of the City Commission. No action required. L. Approve the minutes from City Commission meeting held on November 7, 2018. 7. BIDS AND PURCHASES OVER $100,000 A. Approve Task Order No. E-02-2019 - Design / Build Restroom at Sara Sims Park to Hatcher Construction & Development, Inc., in the amount of $127,000 in accordance with the Pre- Qualified Vendors for Minor Construction Services Agreements. B. PROPOSED RESOLUTION NO. R18-172- Approve utilizing the City of Lake Worth, Florida, Bid No. 17-109 for 93% Sulfuric Acid - Purchase and Delivery with Shrieve Chemical Company with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a Contract with Schrieve Chemical Company. The anticipated annual expenditure for the Page 4 of 697 purchase of sulfuric acid is $100,000. C. PROPOSED RESOLUTION NO. R18-173- Approve utilizing the City of Miami's Contract IFB No. 516388 to furnish, install and repair emergency equipment on all City vehicle's on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL for an estimated annual amount of $400,000. Authorize the City Manager to sign a piggy-back agreement with Dana Safety Supply, Inc. 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. 9. CITY MANAGER'S REPORT - None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. 12. LEGAL A. PROPOSED ORDINANCE NO. 18-032 - SECOND READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. (Due to advertising deadlines item to be heard on December 4,2018) B. PROPOSED ORDINANCE NO. 18-033 - SECOND READING -Amending Part 11. "Code Of Ordinances," Chapter 15, "Offences-Miscellaneous," Article 1, "In General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement Of Noise". (Due to advertising deadlines item to be heard on December 4, 2018) 13. FUTURE AGENDA ITEMS A. Annual evaluation of City Manager by City Commission - December 4, 2018 B. Discussion of Quantum Park Overlay Dependent District- December 4, 2018. C. Commission wants to discuss public safety as it relates to the Town Square Redevelopment- TBD D. Staff to bring information concerning the following land parcels for the Commission to review - TBD Nichols Property Rolling Green Girl Scout Park E. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. - TBD F. Mayor Grant requested discussion on the future of the Kapok trees scheduled to be taken down for Town Square project- TBD G. Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission - TBD 14. ADJOURNMENT Page 5 of 697 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 APPROPRIATEAUXIL ARYAIDSAND 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. ADD1T1ONALAGENDA 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 6 of 697 1.A. OPENING ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Katz 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 7 of 697 2.A. OTHER 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 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 8 of 697 2.B. OTHER 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Make an appointment to fill the vacancy existing in Commission District 4. EXPLANATION OF REQUEST: The City Commission announced a vacancy in Commission District 4 and agreed to accept applications to fill the vacancy until the March 12, 2019 election. Six application packets were filed and attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Non-budgeted ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Other Kantar, Charles D Other Kelley, Aimee D Other Maharaj, Rick D Other Henserga. Emir Tyrone D Other Segal, Wayne D Other Waldman, Muriel Page 9 of 697 CITY OF BOYNTON BEACH ADVISORY BOARD APPOINTMENT APPLICATION Thank r Interest In serving on a City advisorVfill out thisform. Please print r type all answers dearly. If Interest Is expressedin appointment selections must be prioritized. If Instructions are not followed or the application Is not filledout in its entirety, the form will be returned Itir clarificatiorl. 12 .. . �. . ..w_._. . _. ... _...... ......._....._ Adldmss ---------------------------- Cume r rpt occupation or pdor Poor. r. `,4wu,.,�,. '� , ?. ',wn..w.....w..w....w....w....w..... __,w.,wa-a-a-a-a...,w.....w.....w.....w.....w.....w.....w..-- .. Am you a registered r? it Yes NO Do you reside wWn the Boynton Beach City I Do you own/manage a business within the City ll e w I . ,_narne of busi . Are you currently ,-Yes -No Have you served on a City board i If so, which swhen? �.. �..�... ..w.. m,.,..a1 w _ ._. Have you ever been clanvIcted of a airne? Please Indicate which advisory board you are seeking appointment. For board lbdng, requirements, respoinsibliftles and meeting t1mes and dates,see pages 3 and 4 attached. Ads f zhn,,,"E1rRrsskn Rl!, lfc �.iw. ;u,i°# r w xx ,lE£ u1rr' Building l i Community Redevelopment Agency AdOsory Board Planning&Developrnerit Board Education and Youth Advisory Board PolicefI" Trust Fund Recreation&Parks Board o« fV i4k'Ir o tilrU v` �; zll p g Seniors 4r° 0 N rb ( f1 P „_. d Redmd: 10/1/18 Page 10 of 697 personalWhat (Le., proFession, previous expedence, branch of militaryice or organization)which you feel would makeyou a good candidater this board? Please be speciftc. Au JP 114 s 10 _5 e = � . � i 61e, `vwl'�' ( 41-q � �� Please list n si I Feel ftw to attach an extra sheet or resume. Return the completedi CIS Quantum . 101. Mailing address., P. 0. Box 310, n Beach, F 33425-0310. ili be placed In i s Talent Bank, a file to whichCommissioners t candidates when board openings occur. 1 hereby certify that the statements andn i herein are true and . 1 understand that, if appointed, any false statements ay cause fbr removalfromd-r a vgrnture-m . Revised; 10/1116 Page 11 of 697 RESIDENCY t 1 ' candidate for -"1rj,J:—(42r nt m MMS5 of Boynton Beach, have received, read and undetstAnd the residency requirements of Article I of Charter the of the City of, Boynton Beach. 62 (Signature Candidate) 31 - ate - 2/15/18 :\ '"O L L. Off'kY 1 rifo ^ C � SIMWNC1'REQUIREMENTS SrATEMENTAx Page 12 of 697 Susan Bucher Supervisor of Elections VOTER INFORMATION CARD 0 PALM BEACH COUNTY,FLORIDA TARJETA ELECTORAL,CONGA DO DE PALM BEACH,FLORIDA REGISTRATION NUMBER REGISTRATION DATE PRECINCT Numero de Inscripcion Fachm do Inscripcion Distrito Electoral 112019893 09/13/04 31760 1V TER,CHARLES ELLIOTT 2905 S GREENLEAF CII BOYNTON EACH FL 33426 Political Party I Partido Politico REPUBLICAN 6/15/2016 V. ------------------------- FOLDHERE/DOBL E AQW-------------------------J. -- �OUR PRECINCT NUMBER SuNilmerodePrecinto, 3176 YOUR POLLING LOCATION So Centro Electoral BOYNTON BEACH HIGH 4975 PARK RIDGE BLVD BOYNTONBEACH YOU ARE ELIGIBLE TO VOTE FOR A REPRESENTATIVE IN EACH DISTRICT LISTED USTED PUEDE VOTAR FOR UN REPRESENTANTE DE CADA DISTRITO NOMBRADO US CONGRESS STATE SENATE STATE HOUSE Congreso 21 do IDS EE,UU Senadode/Estado31 Carnata do Dip dos del Estado 90 COUNTY COMMISSION SCHOOLBOARD MUNICIPALITY Cotnision del Candado Junta Escolar Municipalidad 3 4 BB 12/28/1930 Signature Firma Page 13 of 697 Letter of Interest, Per 10/21/2018 notice in the Palm Beach Post Charles E. Kanter 2905 S. Greenleaf Circle (District 4) Boynton Beach, FL 33426 561-369-7828 (Home) 305-731-3307 (Cell) charlesekanter@gm.ail.com I am vitally interested in filling the Boynton Beach City Commission seat being vacated by Joe Casello. I am a ftdl-time resident and active participant in the life of this City. I want this job because I passionately believe I can contribute moral, technical, historical, and philosophical insight to the betterment of Boynton Beach, I have the executive skills and background to be a credit to this fair city. I have the desire, the energy, the time, the knowledge, the experience and the drive to It right into the ongoing session. I am acquainted with many Boynton Commissioners and staff and interface on different committees and projects, My leadership and executive skills started in early youth, as a Cub Scout Den Leader; through Boy Scouts as Assistant Troop leader- through US Army as acting Platoon Sgt. culminating in to active involvement in several local governments and on to being Executive Director of several public/private for the US Government and successfully managing my own publishing, real-estate and Yacht Survey businesses. I do have an agenda. District 4 is in process of dramatic change. Population is increasing exponentially, Amenities, such as parks, have not kept up. I am at the forefront of developing and recommending park options per all the dialog previously presented to the Commission and relevant organizations. Since this is a short to appointment, I will do my best to identify viable permanent district 4 candidates for the March election. I fully understand this is a temporary appointment until March of 2019 and I am fully prepared to do my best for the city during that period. Thank you for pr ting this unique opportunity to serve my community, r! t arles E. Kant (Curriculum Vitae Page I of 2 Page 14 of 697 Charles E. Kanter: Cuniculum vitae EXTRACT Prepared for Boynton Beach City Commissioners, 31 October 2018 RE: Re-appointment to it Commission, per PB Post article 1. Cub Scouts- Den Leader, Pack leader. 2. Boy Scouts- r® Life,Assist. Scout Master. Explorer. 3. US Naval Reserve-Honorable Discharge. Arrny-Infantry Training Cadre, IT Three awards. 5. School Bus Driver-Ellenville NY 6.Agriculture, Licensed Real Estate sales, Community activist, Ellenville, NY 7. BA-Suny New Paltz, Post grad at Columbia, Executive Instructor Training,William&Mary 8. Director of Training-US Army Transportation School, Ft. Eustis Contract of Westinghouse LC 9. Director Community Action Program, Manchester, NH. Westinghouse Learning or contract. 10.Westinghouse LC Representative with Ohio State University and first Head Start Evaluation pro. 11. Director of Training fort JOBS program as loaned executive from Westinghouse Electric Corp. (Trained Loaned Exes of 100 Cities identified by JOBS program mHow to Hire Hard-Core Unemployed) 12. Director of Training for Federation Employment and Guidance Services, New York City 13. Commodore, Long Island Multlhull Association. Founder, 'Around Long Island Rscep produced first "In-the-water Sailboat show"on Long Island Sound. Founded Multihull Bermuda Race. First sailboat to have a reverse-osmosis watermaker powered by solar panels. 14. Amateur Radio Operator(HAM) Extra grade, call: K04WG 15. US Coast Guard 100 Ton Merchant Marine Officer License, with sail endorsement. 16. Worked With City of New York to create a usable park out oft WWII abandoned to Benet Field on Jamaica Bay and use the seaplane launching ramp for our sailboats and the airstrips for land-sailors, 17. Marathon, Florida- Incorporation Committee, Parks committee, rails-to-tralls committee, Manna Committee, Chairman, Near Shore Waters Committee; board member Marathon Sailing Club. 18. Monroe County Elections deputy. 19. Board member-Seven Seas Cruising Association. (SSCA) 20. Founded SAILco Press, 1987 Published first two books. (Marine, sailing, catamarans, cooking aboard) 11 published as of 2018. Parent Company of SAILco Marine Survey, SAMS AMS licensed and insured retired 12/2010. 21. Made thirty-one (31)trips on the Intra-coastal waterway, multiple and numerust ' s Captain or owner through the Bahamas chain and both windward and leeward island and greater Antilles including a 1998 month to excursion to Cuba under a treasury dept. License. 22. Moved to Boynton Beach 2004. Elected President, Parkside HOA 2005 23. Obtained Boynton Beach and Palm Beach County Occupational licenses. 24, Obtained Board MemberCertification meeting requirements of: 718.112(2) (d) (3).b.,F.S. 25.Applied and appointed to Recreation and Parks Advisory Board 2010. 26. Elected Supervisor: Quantum Park Overlay Dependant Dist. (QPODD) 2016, elected Chairman 2017 This document is an extract.Additional information on any it stated can be documented,verified and expanded. Charies E. Kanter Date: October 31, 2018 2905 S. Greenleaf Circle(District 4) Boynton Beach, FL 33426 561-369-7828(home/office) 305-731-3307 (cell-text) charlesekanag!gIq all,co .................................................................... . .... Page 2 of 2 Page 15 of 697 g` 'ss i i I€ t CITY OF BOYNTON m ADVISORY BOARD APPOINT14ENT APPLICATION Thank you for your Interest in serving on a City advisory board and for taking the time to fill out this farm. ' Please print or type all an em; ct rly�, if interest is expressed in appointment to more than one board,selections must be prioritized. If instructions are riot followed or the application is not filled out in its entirety, the farm will be returned for clarification. Name-_ i 4M-C- k1C U Gender: _Telephone Address i dip Code_ � l � � Other E-mail Address: t�l - _ d --.._ � Phone: ,O t �r Current occupation or prior occupation: =i Education tJ '�c.w'�.-f� � €�5__ �-� e t,�'[-1ktr'e 4 E� 411 o4 I is! Are you a registered voter? Yes No Do you reside within the Boynton Beach Climits? Yes No ity Do you own/manage a business within the City limits: --®Yes _. _No If"yes",name of business Are you currently serving on a City board? _- Yes No Have you served on a City board in the past? __.._.--_.__Yes No If so,which board(s)and when? l ...._.. -- Have you ever been convicted of a crime? E I6 so, Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates,see pages 3 and 4 attached. Arts Commission �i_.. Historic Resources Preservation Berard —� --Building Board of Adjustment&Appeals Library Board Community Redevelopment Agency Advisory Board Planning&Development Board Education and Youth Advisory Board Folic Officers'Retirement Trust Fund 4 Employees'Pension Board &(arks board _Firefighters`Pension Trust Fund ___- senior Advisory Board Golf Course Advisory Committee i h 1 S:\CC)WP\ 6S\fpplicadons\raster Form Talent Bank Form-REVISED i&-01-18.doc �� Revised: 16(1116 Page 16 of 697 !j i What personal qualifications do you possess(i.e.,profession, previous experience, branch of military service or organization)which you feel would make you a good candidate for this board? Please be specific. Please list any professional memberships._- _. ......- i f, Feel free to attach an extra sheet or resume. return the completed form to the City Clerk's Office, 3301 Quantum Blvd, Ste. 101. Mailing address: F.0. Box 310, Boynton Beach, FL 33425-0310. It will be placed 1' in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. T hereby certify that the statements and answers provided herein are true and accurate. T understand that, if appointed,any false statements may be cause for removal from a board. Signature: _ .__ Date: h __ -___. �_ 1 r i i h w i rr,,4 S i �t li S:\CC\WP\BOARDS\Applicaborts\Master corm Talent Bank Form REVISED 10-0i48.doc Revised: 10/2118 t Page 17 of 697 s. I; r Aimee Kelley i" (i (f ly October 24,2018 1 City of Boynton Beach ` 3101 Quantum Blvd Ste 101 — t Boynton Beach,Florida 33426 `' 4 � r i Madam Clerk and Honorable Commissioners, I, I have attached the completed packet for consideration. My current address is listed above. I am a registered voter in the City of Boynton Beach District Four. I have resided in District Four since 2005. My family and I are active citizens of the city. We participate and support many of the activities happening in our city. G I look forward to the opportunity to serve our community as a member of the City Commission. It is my intent to work with the current leadership to further the city's amazing progress. If given the opportunity to serve in the open District Four Commission seat. I commit to not seeking the seat in the next general election. i I am e entl employed at Steinger,Iscoe&Green as a Litigation Paralegal. You may contact me at �t Respectfully, 1 Aimee Kelley s ;i i tt' f s: 1 i i Page 18 of 697 ,.b�i&�k#1+,im Lfik�ii �fi .=;�rri-i�xn,,, ! '�� ,s,�1>,a✓.'.t I V k4,as:3dkc Ate'�.fb�`L`�3`� tiA�-r'.3t.sL--J r.-�,../t,'fib t x sm.,tn. ,,n'.3u.h_n.��c a��'-.lcP�t�,3?'..ri#.t,t. ,,;/<<Jh�t r' tt. R E S YD E C Y REQUIREMENTS k (Print Name) of the City, of Boynton Beach, have received, read and und 'tr i ers to the residency i6 in } the Chailer of the City of Boynton Asf Candidat (Date) { i zl�5hts \CC\lVFTI EC1"iC)11'\Year 207.4\.nRnr,-alion Pa€�ts1�5S��t�CY Ct�4UIR IstEK�'T�S�A4Eh1Eft�(.dnc o� lz '.ti �'-'.u?'M'..�k'nSt+. ,.,a �h�Yk✓,9ta.�Tt�.�kF.l..0 iS t.a ?t,.ra.l�t, .1 E��,..��,�: <.I„N��"yYK. c,r, I Page 19 of 697 f CITY OF BOYNTON BEACH (D f ADVISORY BOARD APPOINTMENT APPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. Please print or type all answer's clearly. If interest is expressed in appointment to more than one board, selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety,the form will be returned for clarification. (1l 05� Name_ m_____ -.wGender:� telephone �-- --_..-- Address_ 1I � IG�t t ._.......—___ —----------Zip Coca O , a d T n/f Other E-mail Address: 11 I ? � S Phone Current occupation or prior occupation: � � � i, Education iU ......------ __. --- - --—--- Are you a registered voter? _ Yes Do you reside within the Boynton Beach City limits? __Yes No � Do you own/manage a business withi the City limits: Yes No If"yes",name of business "7 G,4j" l t'vl Are you currently serving on a City board? Yes Na Have you served on a City board in the past? Yes --_No If so,which board(s)and when? 41, h A Have you ever been convicted of a crime? t �g If s;a,when --_ __�-- Wilcre _ s# Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities and meeting times and dates,see pages 3 and 4 attached. Arts Commission Historic Resources Preservation Board I I Building Board of Adjustment&Appeals Library Board ;} Community Redevelopment Agency Advisory Board ._ Planning&Development Board ( - Education and Youth Advisory Board Police Officers'Retirement Trust Fund Employees`Pension Board Recreation&Parks Board Firefighters'Pension Trust Fund Senior Advisory Board golf Course Advisory Committee -_----- t 1 i S:\CC\WP\BOARDS applications\Master Form Talent Bank Form REVISED 10-U1•18.doc Revised: 10/1/1$ Page 20 of 697 What personal qualifications do you possess (i.e.,profession, previous experience, branch of military service 4 or organization)which you feel would make you a good candidate for this board? Please be specific. i < AT� Kom N1-C`C 0 f ,4� /f� I N���`9 ��O'^�l � �r�l6P,l`t t,( (Cr�CtV/✓.?dam ���"t�L,S�t� p {:y Please list any professional rnei r�heships, � 4-n11,+P? � O 6r ACiON o e �D£ CN t'q-c C/�l(/'4— )AX- Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 3301 Quantum Blvd, Ste. 101_ Mailing address: P. O. Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. ;14 1 I hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cauue for removal from a board, v Signature:___ _- < � Gate 14 11 !s� i4 t 'l sl i f :i r' S S:\CC\WP\BOARDS\ppplications\Master Form Talent Bank Form REVISED 10-01-18.doc Revised: 10/1/18 r Page 21 of 697 , ......-_ Riek Maharajh P.E. Boynton Beach,Florida C:561-523-9405 10:954-545-5585 IF:561-962-0947(E. Executive Management&Business Development I Technical Support I Operations&Logistics s Leadership,that effectively promotes top and bottom line growth,collaboration,partnerships,and sustainability (, ,y Abilitto use interpersonal strengths,while building relationships withexecutive management,stakeholders,and community groups. { t. PROFESSIONAL PROFILE `` RM Logitech Inc.,Boynton Beach,FL 08/10—Present:President Responsible for company's operations:strategic planning,sales,marketing.technical support.finance,manufacturing and distribution.vendori;, relations.contract negotiations.gross margin.EBITDA,working capital.Risk Management Implemented Nationwide:Onsite Service and Recycling Program I Phone and Online Tech Support ; Customized Product Options:OEM&Remanufactured Ex I Aftermarket and Compatible Solutions Formed 15+Authorized Vendor Partnerships added to the portfolio Ricoh USA,Inc.,West Palm Beach,FL 01/13—04/16:Business and Technology Consultant Design and implement information technology worktlows.Hardware,software and IT solutions Achieved 336%hardware and 150%IT Services over quota. Co-Chairman-Corporate Social Responsibility,United Way and Diversity Counsel { a, TMR Parts Corp,Sarasota,FL 02/11—08/12:Co-Founder Manufacturer of service parts and supplies for office imaging equipment Championed vendor sourcing,Technical Department along with lean manufacturing 5S and distribution lif 4 Al Printer Repairs and Supplies Inc,Ft Lauderdale,FL 08109—08/10:Vice President-Managing Partner LaserJet Printers-Service provider Expanded service area from the Palm Beaches to Miami,increased customer base by 80% Increased top line sales along with gross margin by 60% Re-located company to new effective facility-significantly improved productivity and working conditions with no increase to the cost structure ti ( s Parts Now LLC,Ft Lauderdale,FL(Madison,WI 12/07--06/09: East Coast Director Hewlett-Packard Global Computer Hardware Distributor Founded Key Accoum Executive program.Merger&Acquisition Executive Managed$4M book including,$100k+annualized clients at a C-Level relationship Executed strategic initiatives internationally,realizing a 30%+growth in Latin America Managed relationship with both existing and potential partnerships and vendors,reported directly to senior staff Tier 1 Gross Profit generated throughout organization$600,000,00+annually Managed daily operations of South Eastern Division,which included 20+member business unit S36M—32%GP S Lead ISO 9001:2000 Quality Management Standard Implementation Team 12/05-12/07:Major Account Representative Key Contributor to the development of internal Sales Training Program Companywide using sales metrics 11/02-12/05:Sales Executive/Team Leader Sales Executive"Top Pertbrmer of the Year"awarded 2002&2003 12/96-11102:Account Representative Multiple"Sales Executive ofthe Month"Awarded 12/95-12/96:Electro-Mechanical Technician Lead Proprietary R&D Team-industry solutions r Precision Micro Service of.America,Deer Park,NY 12193-12/95:Technical Service Manager Image Data Conversion,Westbury,NY 06/91-12/93:Senior Field Engineer LMG International,Brooklyn,NY 12/89-05191:Technical Representative { NYC Dept Housing Authority,New York,NY 01/88-12/89:Internship Computer Technician EDUCATION'-PROFESSIONAL DEVELOPMENT—TECHNICAL KNOWLEDGE B.S.Aviation Technology Engineer lie#1307291 FAA USDOT 1996 . Ricoh University.Technology Solutions and Services Digital Imaging Services,Integrated Cloud Environment Certified,01/13—05/16 . University of Phoenix,Business Administration Credits,Ongoing . Florida Atlantic University,Executive Marketing Management,Mar 2008 . Impact Performance Group,Wellesley,MA High Performance Sales,Jan 2005 1 . Zig Ziglar Corporate Sales Training Solutions,West Palm Beach,FL,1997 • Communispond,New York,NY,Socratic Sales and Marketing,1994 . Mekel Engineering,Micrographies Digitization,Newport,CA Feb 1990 • CAP,US Air Force Auxiliary,NYC Wing-Airman First Class Cadet.1988-1990 . Aviation HS,JROTC Drill-Team Cadet Major,LIC NY 1986-1990 . City of Boynton Beach CRA Advisory Board Member 2016—Ongoing Wonderland Foundation—Board Member 2016—Ongoing r\ Boynton Beach Chamber or Commerce-Chairman of Ambassadors 2016—Ongoing Page 22 of 697 r� i i 1 t �« s� RESXDENCY REQUIREMENTS Y to for } (Print Name -Y� of the City (Mayor/Comissionel —District f Boynton Beach, have received, reg r, rst residency requirementsf l f sit n the Charter of the City of Boynton Beach. I (Signature of Candidate) (Date) h ,a. f r sf f i v 2J15ji8 SACC\WD\ELEC TUN\Year 2014\Cnformabon Packets\RES1D@1JCY REQUIREMENTS STATEMENTADC ;i I r Page 23 of 697 ( S; �t Reshi(Rick)MaharajhI ' b'EACH C= t. s GFFICF 1018 Arezzo Cir I: Boynton Beach, FL 33436 tix;i d- 561-523-9405 rlckr�(�Pbellsout!i.net s 10-24-18 To Whom it May Concern: i I have a strong determination to serve as Commissioner for District 4 City of Boynton Beach. I Some Key Points that makes me a well-qualified candidate: 0 20-year resident in District 4 0 Successful Local Business Owner 0 CRA Advisory Board Member 0 Attend Numerous City Commission Meetings 0 Attend Numerous City Board Meetings in addition to CRA Meetings. (Arts Commission,P&D, etc.) 0 Attend Numerous City Functions (MLK,Memorial Events 911,Police and Fire Dept events,Pirate Fest) 0 Boynton Beach Community Emergency Response Team(CERT)Member ` 0 Boynton Beach Chamber of Commerce Chairman to the Ambassadors 0 Florida Association of Code Enforcement Member I possess a strong Business and Technical background coupled with a highly active role throughout our City and Business Community.I am committed to working with the City ,4 Commission,City Staff,the Business Community,and most of all the Residents of Boynton Beach to enhance past and current successes as well as to create new ones. I appreciate this opportunity. 14Y 31 .......... Sincerely, . ra Reshi(Rick)Maharajh i t s Page 24 of 697 Pylejudith From: tpenserga <noreply@123formbuilder.io> Sent: Tuesday, November 13, 2018 11:32 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Letter-of-intent-Penserga.pdf Today's date 11/13/2018 Name Emir Tyrone Penserga Gender Male Phone number 701-895-4015 Address 4315 Key Lime Blvd Boynton Beach Florida 33436 United States Email tpenserga@gmail.com Current occupation or, if retired, prior Graduate student,teaching assistant, research scientist occupation Education Doctoral student at Florida Atlantic University Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within No City limits? if"yes",name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? if"yes",which oar (s) and when? Have you ever been No convicted of a crime? if"yes",when and where? Page 25 of 697 Advisory Board Community Redevelopment Agency Advisory Board Personal Please see the attached letter. Qualifications Professional Please see the attached letter. Memberships Feel free to attach/upload an www.123formbuilder.comZupload dld.php?fileid=47465e3dfe735052bad58afclf5817a4 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 50.196.78.234(United States)at 2018-11-13 23:32:25 on Chrome 70.0.3538.77 Entry ID:307 Referrer:www.boynton-beach.org/district-4-vacancy-notice Form Host:www.123formbuilder.com/form-583214/Advisory-Board-Appointment-Application 2 Page 26 of 697 October 20, 2018 Judith Pyle, CMC, City Clerk City of Boynton Beach 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 citclerk flus To the members of the City Commission, I submit this letter to file my interest to serve and represent the families of District IV on the City Commission of Boynton Beach. In this letter I will introduce myself to the committee, share my story and my values, and provide my qualifications to serve as a public servant. My name is Tyrone Penserga (of 4315 Key Lime Blvd [Knollwood]), I am thirty years old, Filipino-American, and I have lived in the City of Boynton Beach for almost two decades — and nearly my entire life in Palm Beach County. This is where I grew up, attended elementary, middle, and high school; and after completing my undergraduate degree in Temple University (Philadelphia, PA), I returned to Boynton Beach to be close to family and friends, and to pursue my career. I got my first job here as a high school teacher working with underprivileged children, I earned my master's degree here at FAU, and I am currently working on my Ph.D. in Neuroscience also at FAU. I am the son of Marivic Penserga, a single parent mother and immigrant who has work tirelessly to support our family, and has served the people of Boynton Beach and Palm Beach County as a nurse for over thirty years. At every chapter of my life, I have sought to serve others in the capacity I thought best I could: whether it be in student government fighting for improved emergency services after witnessing a seizure with a response time of nearly 30 minutes, political campaigns to ensure judges who protect homeless LGBT youths are elected into office, or in my service as a high school teacher, graduate teaching assistant, and scientist. I am seeking this position because I deeply believe that this is the best way I can serve my community. I intend to bring a progressive, educator-scientist perspective to city government to make this town an exciting and safe place to live, work, and play. I want to be part of the team to revitalize this city, to make it safer, to grow businesses and to create high-paying jobs, and to make this the next cultural and tech center to attract young people to fuel the local economy. I recognize that I do not fit the mold of a typical candidate, I do not have a long career working in politics, nor am I part of the elite circle — but perhaps this is exactly what we need: fresh faces with fresh perspectives, willing to take unconventional and aggressive approaches to serve the public good. One of my first jobs after college was as a high school science teacher at Leadership Academy West, a now defunct charter school. The school served a poor neighborhood in West Palm Beach and many of its students were those that had recently been released from jail, rejected by other schools, or those that struggled with addiction and poverty. As a first-time teacher this was a shocking experience, but it opened my heart in ways I never imagined, and it also lit a fire in my belly. I learned that teaching is more than just to "stand and deliver." Being a teacher means that you are also a mentor, a guidance counselor, a coach, a therapist, a social worker constantly on the lookout for abuse, drugs, and hunger. This experience highlighted the importance of community services and its role in education. A student cannot learn when they are hungry, when they do not have stable homes, access to quality health care, and are constantly surrounded by crime and addiction. Khalil was one of my favorite students. One day we discovered that he was being bullied by his classmates, supposedly due to body odor. Initially we thought it was just a simple matter of hygiene. But after we pulled him aside, we found that Khalil had been coming early to school to wash his clothes and himself in the bathroom sink, and over Page 27 of 697 time without proper cleaning, his clothes had begun to grow molds and fungus. His home life was so unstable, his parents overcome with drug addiction, that money for basic items like detergent were non-existent. Experiences like these are what constantly remind me that there is so much more work to be done. We must be bold and aggressive to alleviate these conditions, and the longer we wait and the slower we move more kids like Khalil will fall through the cracks. City government cannot solve all the problems in the world, but it has a role to give good people like Khalil and his parents a fighting chance. We often hear phrases like they should "pull themselves up by their bootstraps," but people often forget that not everyone has a pair of boots. While I was living in Philadelphia, I learned that Asian American and Asian immigrant students were consistently attacked throughout various high schools — physically beaten at random times, terrorized. Many of these students were the sisters and brothers of my friends in college, which is how I came to learn of the situation. It had gotten so rampant that hundreds of Asian American and Asian immigrant students, from throughout the district, decided to boycott going to school altogether. They no longer felt safe in a place where they should; and the school district had utterly failed them. This taught me two things: one, there was no public figure to stand up for these kids. They didn't have a Rev. Al Sharpton or a community leader of that caliber to swoop in and to save the day, and two, Asian Americans need power in this country. This inspired me to create a leadership development organization for young Asian American men and women to create the generation of leaders we so desperately need. Under the guise of a social organization, I slowly and gradually exposed my members to local politicians, inviting them for talks and dinners. These included the likes of former Philadelphia Mayor Michael Nutter, former Obama Cabinet Secretary Chris Lu, former Deputy Mayor Nina Ahmad, and many others. We volunteered and took leadership positions in the Obama campaign, we ran the Chinatown field office, and races for state representatives and local judges. We knocked on doors and we got Asian American families to register and vote for the first time. My team and I then created what I consider one our best achievements that brought the entire experience together. First, we created a mentoring program between our members and local professionals, paired according to career interest. We reached out to local doctors, professors, actuaries, lawyers, business leaders, public servants, etc. and we asked them to join us for a simple, casual dinner. This served as the catalyst for a relationship. But what brought it full circle was when we came into those same high schools and met with the with those students to be their mentors. We offered scholarships, helped them with college applications: personal statements, SAT prep, etc. and had social events to let them know that they are part of a much larger community, and that there are people looking out for them. It's about creating a longitudinal mentoring pipeline, which over time will create the leaders our community desperately needs. I should also note that I too am a product of a mentoring program, and I am truly grateful for all the individuals who changed the arc of my life, some of which include the late Theo Harris (SECME), the late Malachi Knowles(Inner City Youth Golfers, Inc.), and Moses Williams(Physician Scientist Training Program). These African American men, community leaders, and the organizations they led, changed my life. It is my life goal to continue their legacies and to pass every opportunity I am given to others. If appointed into the city commission, here is what you can expect from me: I will work tirelessly to improve the quality of life for the people of our city. I will work with each of you to look for common ground, to win where we can win together, to build bridges where they are broken, and to pave new roads to ensure that the growth in our city is inclusive of all communities. I will act decisively, but methodically. I will listen before I speak. I will asses the merits of any argument based on facts and data, and not on ideology. I will work to reduce crime, and to support those on the front lines. I will work to support the growth of our businesses, and to attract or create new ones. We need jobs, but what we really want are high-paying jobs, which means we need to attract investment, which requires a capable and high-skilled work force. I want other young people like myself to want to come back to Boynton. Growing up here, my friends and I never Page 28 of 697 thought to say, `let's go out to Boynton tonight.' Boynton is a wonderful place for families and outdoor activities. But we also need to attract young people and young families. We need to transform Boynton Beach into a vibrant city, where we preserve the beauty and peace of our residential communities, but also create an exciting night life, with more cafes, more culture, more music—we need our own Clematis, and something better. In this effort, I will work with partners, open to creating public-private partnerships —whatever it takes to get the job done in a fiscally, environmentally, and socially responsible manner. I will work with partners to create the programs our young (and young at heart) citizens need to gain the skills to be part of the technology work force. If programming, artificial intelligence, spatial computing, etc. is the future, and where anyone with a computer and dedicated enough to learn the skills can attain a high-paying job, what's stopping us from becoming the next technology hub? City government can create the scaffold, create safe communities and affordable housing, working with businesses and educational partners to prepare a new workforce, and attract investment. Let's work together to fight for our city, for our family and friends, and to be ahead of the future, not behind it. We don't need to solve everything overnight, but we do need to be fearless to create what we want. Sincerely, Tyrone Penserga Ph.D. candidate, Integrative Biology— Neuroscience President, Neuroscience Student Organization Florida Atlantic University 4315 Key Lime Blvd. Boynton Beach, FL 33436 -mail: Igenserga@gmail.com Cell: 701-395-4015 Page 29 of 697 } r boa", 1MI,I,'.l.t Ito r 4---� tr(1�,`..-.f}1 �1 1�}}- f �3tti\(,i, ri, \,)"l.,S ,`„\.\t• t`< 1 S1 \, - r l,J f„r i7 L t �a � � �j�pF+,��A�l ttt yImpq ,y� .► C@p(9! �y ..a) .�t �jgg� mn ,i..r tt �jf . s x vv)�t ." Z W m C -. . � � ' t� +Q, �" O 'r �rl 0 Q � ON O Z '" � a zo, b b� , his C � Z p r.r r� QI R n{ �G s .. �1—I J �0 zi } I � IZ m mIn Zs a 8 im �0 ��' C C 00)A mlLN =� O-+C1 lb mry,23 zm .�. � �c Cw �. -{ ,p }C o -s Jr- -s m (c cp On p aF� -4 t C5 C7 (ii h p 2 m �b � ? _� �+,. C } 3' ^I CL Al �a ,i ► ;k 2c t m e�ijii {G {;r\ a}�t � ,, � rt -� � -�t i. wx Cl ON �)r,I ham^ �` •��I g' M. t3 m O #11 �, c� � n O — �i{h}�i}�.,15}rY{���liis"�l {(t'tUytlPt;tt�` itk�irf�ka�t�\Fr ♦ � , citt��r����i5�1. � }�l��rsit, t ,� � ,��i��kpt�u��4}\y rl)'6t`t1l`} rtq atlA? )}!S}U 7 ��,•` )7 V Y t r `-, (�1 moil fv Vt(� ratt'it lay I �rt .. z. '>, wS \i{�t�v lr r ti(r � I ir) ��� a� � }�s�i;��{��) i A} e" •��,.. I tt}lt, s r ri V tris}z�}� { Il ) r dt t 1V 1yC{)9t{r rtu` r ;.q. ; ��v is}yi�j,y'} i v 7 , vr4�� ���)),���t,{ { r 4r�{}}?f{t�t �<� ;t t. •� ±�3 it�7}�v ,lr ,,,; ,r a \)r���� 1 �rf.,s r J ,.r >rt}ti�}{,r�J�l�� �\���i•,\}c I i4\Ss,:t,rr � art ., }, ,r ',"a..� t t\ V`{rrrt!,,, ,,,'I 1, _rt r.,�,,, „S i-.�i ti ,}irr•�,,�{f = i l'»}d#or! t Ul`as�r�i�l � ;- �}��111��I, :tat t i1` ' , '�i( S YV �,'C-_i�);°,�. RESIDENCY REQUIREMENTS e 1Al ; ni too ` (Print � t of the pit ( Mayor/CommissionerDistrict of Boynton Beach, have received, read and understand the residency requirements & Article I of the Charter of the City of Boynton Beach.. I a . At 2,,,.5118 ...............-__ r i i CITY OF BOYNTON BEACH } ADVISORY BOARD APPOINTMENTAPPLICATION Thank you for your interest in serving on a City advisory board and for taking the time to fill out this form. ff Please print or type all answers olearty. If interest is expressed in appointment to more than one board,selections must be prioritized. If instructions are not followed or the application is not filled out in its entirety,the form will be returned for clarification. Name_. Wayne M. Segal Gender: M Telephone# (561)364-4259 Add ress17 9 Ar ��;-if_ _ _ — Boynton Beach, FL Zip Code 33436 Other E-mail Address: wmsegalftcomcast. et ___. _ _Phone: 56( 1)704-3982 Current occupation or prior occupation: fi Interim District IV commissioner 1 211 2-411 3 Public Affairs Director City of Boynton BEach, 2000-2011; Communications Consultant, current Education Master's degree,Journalism&Marketing Kent State University. Bachelor ofArts degree, English&history, University of Maine i Are you a registered voter? X yes _ No Do you reside within the Boynton Beach City limits? —__;_Yes � No Do you own/manage a business within the City limits: Yes X No if"yes",name of business.__ c Are you currently serving on a City board? _ Yes No Have you served on a City board in the past? —Yes __,,,,_X_-,_,No if so,which board(s)and when? } Have you ever been convicted of a crime? No If so,when, Where Please indicate which advisory board you are seeking appointment. For board listing, requirements, responsibilities �s and meeting times and dates,see pages 3 and A attached. __Arts Commission Historic Resources Preservation Board Building Board of Adjustment&Appeals Library Board Community Redevelopment Agency Advisory Board Planning&Development Board 1 Education and Youth Advisory Board Police Officers'Retirement Trust Fund Employees'Pension Board Recreation&Parks Board Firefighters'Pension Trust Fund _Senior Advisory Board Golf Course Advisory Committee A r,. ti i Sc\CC\wP\9oAPDS\Applicabons\Master Fonri Talent Hank Form REVISED 10-01-18.doc rtevised: 10/1/18 Page 32 of 697 f What personal qualifications do you possess(i.e.,profession,previous experience, branch of military service or organization)which you feel would make you a good candidate for this board? Please be specific. have spent the maiarity of my career in local government and believe my prior experience as interim District IV commissioner and former Director of Public Affairs for the City of Boynton Beach uniquely qualifies me for this position and would be a benefit to the City. I was Assistant Public Affairs Director for the Florida Department of Labor, reporting to the Secretary of Labor and have also held public _ _ r communications positions with the cities of West Palm Beach and Philadelphia. Please see attached resume for further details. Please list any professional rncrnberships: _ j Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 3301 Quantum Blvd,Ste. 101, Mailing address: P. O, Box 310, Boynton Beach, FL 33425-0310. It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. 'i I 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, r Signature:_ t� ti ti l j r ii S:\CC\WP\BOARDS\Applicatbns\Master Form Talent Bank Form REVISED 10.01-18 doc I Revised: 10/1/16 i Page 33 of 697 ,i } } 1 { { I{ r RESIDENCY REQUIREMENTS f� Wayne M. Segal candidate for (PrInt Name) Commissioner, District IV of the City (mayor/Commissioner--District 4) a f Boynton Beach, have received, read ars J understand the residency requirements icl f the Charter of the City of Boynton Beach. (Sig tur�ofd�id � 1 (Date) �i 2nsils S'.\CC\WP\ELEMON\Year 2014\Information Packets\RESIDENCY REQUIREMENTS STA?EMENT.doc t f s �I Page 34 of 697 i V I Wayne s Segal t 1719 Arezzo Circle c Boynton Beach,Florida 33436 (561)364-4259(H)/(561)704-3982(C) wmsegal@comcast.net I November 1,2018 f k s Mayor and Commissioners City of Boynton Beach 3301 Quantum Boulevard,Suite 101 Boynton Beach,Florida 33426 Dear Honorable Mayor and Commissioners: ��' ' Please accept this letter and accompanying resume as evidence of my interest in applying for the District IV s� Commission seat vacated by Joe Casello.I am interested in serving the City in this position and believe that my prior experience as interim District IV commissioner and as the former Director of Public Affairs for the City of Boynton Beach would be a benefit to the City. ar i I have spent the majority of my career in local government.Prior to serving as interim District IV r: commissioner from December 2012-April 2013,I was the City's Director of Public Affairs for 11 years and in that capacity established the department along industry standards.I came to Boynton Beach from Tallahassee where I was Assistant Public Affairs Director for the Florida Department of Labor,reporting to the Secretary of Labor. I have also held public communications positions with the cities of West Palm Beach and Philadelphia.Currently,I am a communications consultant. i r Presently,I serve on the board of my homeowners'association,which gives me insight into community needs and concerns.I held a volunteer role as a member of the City's"Promise"Brand Marketing Committee and taught conversational English to indigenous people in Guatemala. ;v I hold a Master's degree in Journalism and Marketing from Kent State University and a Bachelor of Arts degree in English and History from the University of Maine.I have also had additional training at the Wharton School of Business,University of Pennsylvania,and am National Incident Management System certified in Public Affairs. Attached is my resume,which more fully details my qualifications.I would be honored to serve again on the Commission.I appreciate your consideration. a t Sincerely yours, Wayne M.Segal r. Page 35 of 697 i Wayne M.Segal 1719 Arezzo Circle• Boynton Beach,Florida 33436 Phone:(561)364-4259 Mobile:(561)704-3962 wmsegalCa)comcast.net ~I PROFESSIONAL SUMMARY Accomplished professional with proven abilities to develop and implement communications strategies that support business objectives,influence thinking,forge strategic alliances and build community consensus.In-depth program management experience from conception to implementation through team development and leadership skills. Interact with people of diverse backgrounds,cultures and professional levels.Combine dynamic organizational and communication skills with the ability to work as a team member.Meets project deadlines and requirements,within fast-paced environments. ,i Core Strengths:Communications Management;Marketing Communications,including Social Media;Branding;Public Relations; Media Spokesperson;Writing/Editing;Strategic and Tactical t Planning;Civic Engagement;Resource Allocation;Staff Management a PROFESSIONAL EXPERIENCE City of Boynton Beach,Boynton Beach, Florida December 2012-April 2013 :i `i interim City Commissioner,District IVJCRA Board Member Appointed to complete term of commissioner who resigned from position. Participated in appropriations,ordinances,and other general functions of the City,including supervision of administrative officers,formulation of policies,and exercise of City powers. • Initiated special Commission meeting,January 2012,based on a citizen request,that resulted in a change in the plurality necessary to win a Commission election. Communications Consultant,Boynton Beach,Florida January 2012-Present Provide range of services to assist organizations with their communication needs,from preparation of strategies,through to design,writing and production of comprehensive materials.Includes print and electronic media and design of social media platforms. City of Boynton Beach,Boynton Beach,Florida March 2000-June 2011 Director of Public Affairs Developed,implemented and coordinated comprehensive public information and communications program to disperse information about the city using a variety of methods and media.Served as spokesperson.Designed communications,crisis communications and marketing plans.Consulted with city manager and elected and appointed officials.Coordinated ceremonial events.Key accomplishments: Ju Page 36 of 697 i} e { l Page 2 of 3—Wayne M. Segal ti P Y • Established Public Affairs department along industry standards;formulated communications and crisis communications plans that were requested as models by municipalities and counties throughout the U.S. • Developed policies,procedures and strategic plan for government television station. t • First adopter in Palm Beach County of social media(Twitter,YouTube,blog,etc.),OR r codes for local government use;formulated policies,procedures for social media use. • Responsible for city gaining national recognition for its innovative use of social ymedia from Fels Institute of Government&Public Policy, University of Pennsylvania. • Created countywide alliance to help local government television stations secure programming to help meet state requirements for original program content. • Initiated unique partnership with regional PBS channel to rebroadcast locally oriented programming on city's television channel. • Instituted area's first mentoring program that mirroredstate program;allowed employees one hour a week to work with students in city schools or other approved programs. • Established Citizen's Academy to better acquaint public on how government works; resulted in increased interest in serving on citizen advisory boards. • Annually researched,wrote Mayor's State of the City speech. Arranged for,and only area municipality to have,television news reporter embedded with Emergency Operations Team during Hurricane Wilma,October p 2005;resulted in greater in-depth coverage of city than other municipalities. I, • Engineered two appearances by mayor on national FOX-TV news during and after ' Hurricane Jeanne,September 2004. VOLUNTEER ACTIVITIES San Savino HOA,Boynton Beach March 2018-Present Member,five-person board of directors,charged with enforcing the documents;establishing s sound fiscal policies;developing a workable budget;maintaining reserve funds;acting on lbudget items and determining assessment rates;establishing,publicizing rules;authorizing legal action against owners who do not comply with the rules;appointing committees and delegating authority to them;selecting an attorney,an auditor,insurance agent and other professionals for the association; informing members of important board decisions and transactions;seeing the association is protected for the acts of all parties with fiscal responsibilities. City of Boynton Beach"Promise"Brand Marketing Committee May 2012 A citizen/stakeholder committee,its members were charged with developing goals and { objectives that will culminate in a marketing plan to acquaint residents and businesses with the city's new branding initiative. ;i t �I 'i Page 37 of 697 J i I Page 3 of 3—Wayne M. Segal Fundaci6n At'it Ala,San Juan La Laguna,Guatemala November-December 2011 The Fundaci6n At'it Ala works to improve the quality of life in the Western Highlands of Guatemala. • Rewarding volunteer position teaching conversational English to indigenous population. �t AWARDS HONORS PUBLICATIONS • City,County Communications&Marketing Association SavvyAward of Excellence,Best Video—PSA/Spots. • Florida Government Communicators Association Service Award,Regional Luncheon Committee Chair;Service Award,Annual Conference Chair. • Appeared on WPTV Newschannel 5,West Palm Beach,as first adopter of Quick Response Codes for government in Southeast Florida. • Interviewed by Fels Institute of Government&Public Policy,University of Pennsylvania, for Promising Practices series(social media-first adopter in Palm Beach County for municipal government). • Co-authored articles for Quality Cities and Risk Insurance Managers'Society magazines. • Speaker at Florida Risk Managers'Association conference("Crisis Communications")and Florida Recreation&Parks Association meeting("Special Events and Economic Development"). f EDUCATION 311 MA,Journalism,Public Relations BA,English Kent State University,Kent,Ohio University of Maine,Orono,Maine i Additional training in Marketing(Wharton School,University of Pennsylvania) National Incident Management System(NIMS)—certified Public Affairs 1 ) r� { i i i i Page 38 of 697 1:? 1 l`, i A - CITY OF tl i✓ � �7 r i-I �i,. ADVISORY1 Aep, 14AXXON l: i. t Thank you for your interest in serving on a City advisory board and for taking the time to till out this form, Please print or type all answers clearly. If interest is expressed in appointment to more than one beard,selections must be prioritized. If instructions are not followed or the application is not flied out in its entirety,the form will be returned for Clarification. Name 0_-_Gender; _felephcane# s r i r}. Address..-. �iC%L_1A-i"L ._ ��2. ... ` ._:�.: ..._ �_........._ _v..._.._ � ._..._. .,. ._...__-_._._. � 1 x'✓ C:k L' �5 t_ r w L_..__ .. Lip Code..,._ �.'L,L, ,V I, Other E-mail Address: - .�1 IL_i � Current oCcupation or prior occupation: 4�L-6 (` ---- f I ���.t%U-�l�•U\ �6 Education lC 1�-iL— rA- Ao'e you a registered voter? �,.Yes __Na Cao you reside within the Boynton Coach Ci 6rriits? Yes No Do you own/manage name of obus n one`s rtFrcaard? Ak Ii lots Na City Are you currently ny ity Yes No Have you served on a City board in the pasty Yes X Na r If so,which board(s)and when? Have you ever been convicted of a cringe? ��' l_r If so,when_.___—.___.._.... Where— Please indicate which advisory board y u are seeking app�crfrjtnrent. For board listing, rr cmenc , responsibilities and meeti g ties and dat see pa s 3 and 4 attach r s Arts commission Historic Resources resery at4on Bcaarf Building Board of Adjustment&Appeals __ Library Board _._..__Community Redevelopment Agency Advisory Board Planning&Development Board Police Officers'Retirement Trust Fund Education and Youth Advisr ory Board jj Employees'Pension Board Recreation&Parks Board — — Firefighters'Pension Trust Fund --- Senior Advisory Boar 'f Golf Course Advise Committee Advisory S:SCC\WP\BGpRDs�APPIicaYlons;Masrer Fane TalenE E•<dnk Perm R6ViS'ED 10-U1-IH.duc ,� Revised: i0/1118 .t t j Page 39 of 697 S: (t! i 16, What personal qualifications do Von possess (i.e., profession, previous experience, branch of military seivir.e or organization)which you feel would make you a good candidate for this board" Please be specific. r s I x is I� _ 1 14 Pira e list any prof£ e(fN7a?in / eCshIFt"'c r / I � ���1���L�i�_�� ��at��k11�� ��������!�.fx�,t f� � j _�U �'���.�a�✓ ��>f� �sF.��< t� W.a��z_Ic 4 t Y Feel free to attach an extra sheet or resume. Return the completed form to the City Clerk's Office, 3301 Quanturn Blvd,Ste. 101. failing address: P.0. Box 310, Baynton Beach, FL 33425-03101 It will be placed in the City's Talent Bank, a file to which Commissioners may turn for candidates when board openings occur. l I 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. Signature: � W_ j t i i ,i A S:;CC\WPBOARDS\A{>pticatiurns\Master Form Talent Clank Form REVISED 1.0-01-18.000 Revise& 10/1/10 ry t i Page 40 of 697 a jtt eft � 11 a ( 1. ✓ RESIDENCY REQUIREMENTS i candidate for (PrintName) r . , r � _ ^� 8 city tWa�or Comm issic nen-a District#d I( f Boynton Beach, have received, read and understandest y requirements of Article _�. the e r r of the Citi of Boynton Beach. , (Sig- f �Canjdate�L- (Date) � tri 4 1 - s� 2/15/L8 5:\CC\WP\ELECTN\Year 2014\Informabon Packets\RESIDENCY REQUIREMENTS STATEMENT.Q Toc - i t 1 Page 41 of 697 f 4�44 4 „ J OFFICE Muriel S. al art � Candidate to serveDistrict l�� Pry1 . ! 7 Boynton ch City Commission 7760 Manor Forest Lane Boynton Beach, Florida 33436 I I offer a unique background for the Fourth District Commission seat as a sixteen year now retired ii officer and a fifteen year employee of the cid as the police department's Victim Advocate, Needless for say,I know the city of Boynton and the fourth district which has a population of largely single family dwellings with a mixture of young families,empty nesters,and seniors. I first the oath of office to'protect and defend"at the age of 45,when I graduated from palm Beach Junior College Criminal Justice Institute in 1979. I affirmed that oath working as are investigator with Florida Alcohol Beverage t and Tobacco. I there joined the Broward Sheriff's Office as a deputy/detective x z and remained there for 14 years. Retiring to North Florida in 1992,I began a new career as a Domestic Violence Counselor for Refuge House in Tallahassee. In 2001,I again affirmed at oath,establishing the Victim Advocate Office for the Boynton Beach Police Department reUring in 2015. I have a BA degree in Social Science from Florida Atlantic University(1928) and an MS degree in Criminal Juice from Nova University(1983). I served as Treasurer and later as Vice President of the Sro ar'd Sheriff's Fraternal Order of Police. outreach Counselor,Jefferson County,Florida(for Refuge House). Member and Chair of the Fatality Review Team,Paint Beach Coram Now a Board Member of the Lawrence Oaks Homeowners Association. My diverse background and a desire to continue my public Service makes me a very well qualified to be appointed to the vacancy position for the District 4 Commission seat. fi Yours fora safe and growing City of Boynton Beach, eG, , oriel S.Waldmann Waid367@comcast.net ;} 561-2-36-2274 t �t t Page 42 of 697 2.C. OTHER 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Administer the Oath of Office to Commissioner --- District IV, if selected. 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 43 of 697 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Presentation by Joe Russo founder of"The 1909". EXPLANATION OF REQUEST: The 1909 is a non-profit dedicated to Palm Beach County's exponential growth in startup businesses, the creative industries with their own cultural significance. They offer a community space for creation and collaboration; a mentorship platform to connect you with advisors and expanders; a startup accelerator open to any and all industries; and a series of community gatherings for art, technology, wellness, and music innovators. The program's pillars serve as their primary operational capacities: • Coworking • Mentorship • Acceleration Their organization looks to address the gaps to startup growth in our communities: • Consistent Mentorship • Affordable Workspace • Business Education • Access to Capital HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: Non-budgeted None ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 44 of 697 Grant Amount: ATTACHMENTS: Type Description D Attachment The 1909 Presentation Page 45 of 697 Ew 41 :1 Al" r Pd Page 46 of 697 O 0 O 5 n p n CT W T `G (D ® s p O -0 • O ` O p C Ccp O �. C N to C1 CD c c 0 CIL 0 ap — m =r p CD Q. 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ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Proclaim November 24, 2018 as Small Business Saturday. EXPLANATION OF REQUEST: Small Business Saturday®was created in 2010 in response to small business owners' most pressing need: more customers. Falling between Black Friday and Cyber Monday, it's a day to support the local businesses that create jobs, boost the economy and preserve neighborhoods around the country. It has since become a well-known, celebrated event on the nation's calendar with support from elected officials and public and private organizations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? N/A FISCAL IMPACT: None ALTERNATIVES: Not to proclaim November 24, 2018 as Small Business Saturday. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: N/A CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: N/A Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Proclamation Proclamation Page 68 of 697 Proclamation WHEREAS,the City of Boynton Beach,celebrates our local small businesses and the contributions they make to our local economy and community; according to the United States Small Business Administration, there are currently 30 million small businesses in the United States,they represent 99 percent of all businesses with employees in the United States,are responsible for 66 percent of net new jobs created from 2000 to 2017; and WHEREAS,small businesses employ 48 percent of all businesses with employees in the United States;and WHEREAS,on average,33 percent of consumers'holiday shopping will be done at small,independently-owned retailers and restaurants;and WHEREAS,91 percent of all consumers believe that supporting small,independently-owned restaurants and bars is important;and WHEREAS,76 percent of all consumers plan to go to one or more small businesses as part of their holiday shopping; and WHEREAS,the City of Boynton Beach,Florida supports our local businesses that create jobs,boost our local economy and preserve our neighborhoods;and WHEREAS,advocacy groups as well as public and private organizations across the country have endorsed the Saturday after Thanksgiving as Small Business Saturday. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach do hereby proclaim,November 24,2018,as: SMALL BUSINESS SATURDAY 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 20,h day of November,Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,CMC City Clerk 3.C. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Announce Public Works Solid Waste Division will be having its annual Tire Amnesty Week for City residents beginning December 3rd, 2018 and ending December 7th 2018. EXPLANATION OF REQUEST: Tire Amnesty Week will be held during the week of December 3rd through December 7th, 2018. During that week residents may place at the curb up to eight(8) car and/or passenger tires (with or without rims) for pick up. • Tires will be picked up on the scheduled bulk trash day in your neighborhood. • Tires must be placed at the edge of the road at least three (3) feet away from your garbage cart and any other fixtures, such as telephone poles, mailboxes, etc. • Keep tires and vegetation separated. Tires are not accepted from businesses, and no tractor or commercial tires are allowed. If you have any questions you can contact the Solid Waste Division at(561) 742-6200, Monday-Friday, 7:30 a.m. to 4:30 p.m. 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? Page 70 of 697 Grant Amount: Page 71 of 697 3.D. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: City Hall will be closed for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23, 2018. EXPLANATION OF REQUEST: In observance of Thanksgiving, all City administrative offices will be closed on Thursday, November 22 and Friday, November 23, 2018. City Hall will re-open on Monday, November 26, 2018 at 8:00 a.m. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted N/A ALTERNATIVES: These two days are regularly scheduled holidays for City employees. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 72 of 697 3.E. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 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, 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: Is this a grant? No Page 73 of 697 Grant Amount: Page 74 of 697 3.F. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Announce a Town Square Public Input Meeting on Open Spaces & Play Areas. EXPLANATION OF REQUEST: A Public Input Meeting will be held on Wednesday, December 5th from 5:30 p.m. to 7:30 p.m. at the Carolyn Sims Center, 225 N.W. 12th Avenue, regarding Town Square Open Spaces & Play Areas. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? As a follow-up to the initial Town Square Public Input Meeting held on Thursday, August 24th regarding Open Spaces, the City is hosting a meeting for additional public input on Open Spaces & Play Areas. FISCAL IMPACT: Budgeted The Marketing Department will develop and disseminate postcards to promote the Public Input Meeting and a public announcement will be placed in the Palm Beach Post. Light refreshments will be provided. The meeting will be videotaped and minutes will be taken. ALTERNATIVES: Do not announce a Town Square Public Input Meeting on Open Spaces& Play Areas. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: Town Square is one of the driving forces for the redevelopment of Downtown Boynton - creating a great place to live, work, and visit. By providing opportunities for public input, the City is understanding the preferences and expectations of its community. The Town Square Open Spaces & Play Areas are planned to incorporate the City's branding components of a coastal and sustainable community and provide experiences that differentiate Boynton Beach. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Page 75 of 697 Grant Amount: Page 76 of 697 3.G. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Proclaim December 1, 2018 as World Al Ds Day. W insy Marcellus will be present to accept the proclamation. EXPLANATION OF REQUEST: HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: ALTERNATIVES: Not to proclaim December 1, 2018 as World AIDs Day. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Addendum Proclamation Page 77 of 697 r proclamation WHEREAS, world-wide an estimated 36.7 million people are living with HIV, and an estimated 1.8 million new infections occur each year,or about 5,000 new infections every day;and WHEREAS,world-wide 30%of people infected don't know their status and only 57%of persons who are living with HIV(PLWH)are currently accessing life-saving antiretroviral therapy(ART);and WHEREAS,the global spread of HIV infection and AIDS necessitates a worldwide effort to increase communication, education and action to stop the spread of HIV;and WHEREAS,the Joint United Nations Program on HIV/AIDS(UNAIDS)observes December 1 of each year as"World AIDS Day", and leads and inspires the world to achieve its shared vision of zero new HIV infections, zero discrimination and zero AIDS-related deaths;and WHEREAS,the 90-90-90 ambitious global plan to help end the AIDS epidemic has set it targets for 2020,that 90% of all PLWH will know their HIV status,90%of all people with diagnosed HIV will receive sustained ART,and 90% of all people receiving ART will have viral suppression;and WHEREAS,in Palm Beach County more than 8,400 persons are living with HIV and about 1 new infection occurs every day, and the Palm Beach County HIV Community Prevention Partnership and the Palm Beach County HIV CARE Council, through its partners are working together to renew HIV/AIDS awareness and to expand and strengthen the local effort to stop the spread of HIV in Palm Beach County on World AIDS Day. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 1st day of December,Two Thousand Eighteen as: WORLD AIDS DAY and urge all residents of the City of Boynton Beach to take part in activities and observances designed to increase awareness and understanding of HIV/AIDS as a global challenge and urge residents to join the global effort to prevent further spread of HIV/AIDS. 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 20th day of November, Two Thousand Eighteen. Steven B. Grant,Mayor ATTEST: Judith A. Pyle,City Clerk 3.H. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Announcement by Eleanor Krusell, Public Communications & Marketing Director, regarding the 48th Annual Holiday Parade and Light Up the Park. EXPLANATION OF REQUEST: The City of Boynton Beach is hosting its 48th Annual Holiday Parade beginning at 4 pm on Saturday, December 1. The parade will head north on Federal Highway, beginning at S.E. 12th Avenue and ending on N.E. 1st Avenue. The parade will feature approximately 50 entries to include floats, bands, dance troupes, and non-profit organizations. Immediately following the parade, at 6:00 p.m., the Boynton Beach Community Redevelopment Agency will Light Up the Park with festive lights, live music, light concessions and drinks, and a visit from Santa Claus. This event will be held at Dewey Park, located at 100 N.E. 4th Street. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: Budgeted The Holiday Parade is a budgeted item within the Marketing/Special Events Department budgets. ALTERNATIVES: Do not make an announcement. STRATEGIC PLAN: Redevelop Downtown, Boynton Beach Branding STRATEGIC PLAN APPLICATION: The Annual Holiday Parade will be held in Downtown Boynton Beach on Federal Highway beginning on S.E. 12th Avenue and ending on N.E. 1st Avenue- bringing residents and visitors to the downtown area. The City's restaurants and businesses in the area will see increased business. The City's 48th Holiday Parade boasts one of the largest participation of community bands than any other holiday parade in Palm Beach County. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Page 79 of 697 Grant Amount: ATTACHMENTS: Type Description D Addendum 18 Holiday Parade Application D Addendum 18 Grand Marshal Nomination Page 80 of 697 � 4yNT4N � EACN a 'E yA- m .ate, m1ti�ti�ti�m, _, TSaturday, December 1, 2018 at 4:00. . HOLIDAYTheme: Catch the Holiday Spirit The City of Boynton Beach is accepting applications for entries in their annual Holiday Parade.The theme is "Catch the Holiday Spirit."The parade will take place on Federal Highway in downtown Boynton Beach starting at SE 12th Avenue and ending at NE 1st Avenue (.8 miles). HOLIDAY PARADE RULES The following rules have been established in order to provide a high quality, entertaining Holiday Parade. • Completed applications must be received by November 1 , 2018. • ALL mobile entries, including cars &trucks towing floats, must be completely decorated. • This is a family event. Inappropriate performances and inappropriate attire is strictly prohibited. Holiday music and appropriate behavior while performing is mandatory. • Marching units will be expected to perform throughout the parade route. • Any adult driving a vehicle in the parade may be asked to provide their license and proof of insurance. • Please do not include Santa Claus as part of your entry. • Throwing candy or other items into the crowd is not permitted. • Hurry and get your application in ASAP! Only 75 applications will be accepted. Others will be placed on a waitlist. • Per City ordinance, pets are not allowed. • All entries will be judged.Awards will be presented at the January 15, 2019 City Commission meeting for the winners of the following categories: Most Outstanding Float Best Performance by a Marchingn Best Marching Unit Most CreativelOriginal Failure to comply with any of the parade rules outlined above will result in expulsion from the parade at lineup or throughout the route by parade officials. + t r t z 1 Ss r { r lr + , � 4 ENTRY2oi8 HOLIDAY PARADE APPLICATION INSTRUCTIONS 1. Fill out the Holiday Parade application completely(only completed entry forms will be accepted).Applications are also accepted online at bit.hy 18BBParadeinfo. 2. Indicate the category in which your group should be entered. Each unit may enter into only one category. 3. Mail,fax or email application to: Boynton Beach Recreation & Parks Department;Attn:Stephanie Soplop, P.O. Box 310, Boynton Beach, FL 33425-0310. Fax number: 561-369-2418. Email address: soplops@bbfl.us. Phone number:561-742-6649. 4. Streets will be closed at 12:00 p.m.Line-up will begin at 2:00 p.m. All entries MUST be lined up by 3:30 p.m. 5. Applications are due November 19,2018. PARADE ENTRY T I l a c : Float Marching Unit Band Dance Troup Other(Please Specify) Does your entry include music? YES NO IMPORTANT Give a brief description of your parade entry. This summary will be read by the commentators as your unit passes by the Viewing Stand. Include interesting information about your organization, holiday wishes, and number of years participating in the Holiday Parade: BUSINESS/ORGANIZATION NAME: CONTACT PERSON: DAYTIME PHONE#: CELL PHONE#: EMAIL: ADDRESS: AGREEMENT: The rules of the parade are understood and our group agrees to comply with them. It is understood that our entry will be removed at any time from the parade if we do not adhere to the rules. GENERAL RELEASE: I,THE UNDERSIGNED PARTICIPANT,in consideration for the CITY OF BOYNTON BEACH,do hereby(1) Assume all risks and responsibility of possible damage or injury involved through participation in the Holiday Parade. I understand I am to furnish my own insurance in case of injury;(2)Request permission to participate in the activity with full knowledge that said activity could result in damage or injury to me/him/her;(3)Agree to indemnify&hold harmless the City of Boynton Beach and/or its departments or agents from liability resulting from my participation of said activity;(4)Give the City of Boynton Beach permission to take photos and use them to publicize programs and use in media correspondence. Print Name: Signature: Date: ,tf rSS�r Nn?24 r r_ 1E(f Help us find r 2018 Parader r Ir On Saturday, December 1, the Grand Marshal will be first unit of the Holiday Parade followed by City Dignitaries. The parade begins at 4 p.m. and is expected to last 2 hours. At the end of the route, the Grand Marshal will exit his/her car at the viewing stand to enjoy the remainder of the parade. Nominate r We are seeking nominees who have made a lasting impact or significant contribution to the City of Boynton Beach. The Grand Marshal selection is based on criteria such as their community leadership qualities, experience as a mentor or through their personal efforts that reflect positively on the City. • All nominations must include a short summary of why the nominee is deserving of this honor. • Grand Marshals from previous Holiday Parades are not eligible. Nominate deserving individuals here or online at bit.ly/1 8BBParadel nfo. The deadline for completed Grand Marshal Nomination forms is Monday, November 19. The selected Grand Marshal will be notified on Tuesday, November 27. For questions, please contact Stephanie Soplop at 561-742-6649 or soplopsabbfl.us. If needed, an additional sheet for nominee contributions is permissible. Nominee Information Name: Address: Phone Number: Email address: Contributions made by the nominee: Nominated by: Phone Number: Email Address: ;( r� S },� r i y s , E 5.A. ADMINISTRATIVE 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Appoint eligible members of the community to serve in vacant positions on City advisory boards. All vacancies are merged into the annual reappointments scheduled for December 4, 2018. EXPLANATION OF REQUEST: A list of all openings will be provided with the designated Commission members having responsibility for the appointment to fill each vacancy for the December 4, 2018 meeting. 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 84 of 697 6.A. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-166-Assess the cost of nuisance abatement on properties within the City of Boynton Beach. EXPLANATION OF REQUEST: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City- contracted vendor. Finance sent an invoice to each property owner. There was no response within the required 30-day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30-day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of$30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? FISCAL IMPACT: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. ALTERNATIVES: The alternative would be to not place liens on the properties and not collect for the service provided. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 85 of 697 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Nuisance Abatement action D Exhibit Exhibit A Page 86 of 697 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA ASSESSING THE COSTS OF 5 ABATEMENT OF CERTAIN NUISANCES 6 AGAINST THE OWNERS OF THE PROPERTIES 7 INVOLVED; AND PROVIDING AN EFFECTIVE 8 DATE. 9 10 11 12 WHEREAS, a contract vendor was requested by Code Compliance to mow the lots, 13 remove vegetation and board up structures on the properties, described in Exhibit"A"; and 14 15 WHEREAS, the owners of the parcel(s) of property hereinafter described were 16 invoiced by the Finance Department in an effort to recoup these costs with no response; and 17 18 WHEREAS, said nuisance was not abated as required; and, 19 20 WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent 21 letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien 22 on their property; and 23 24 WHEREAS, the City Manager or her authorized representative has made a report of 25 costs actually incurred by the City and abatement of said nuisance as to the property(s)involved, 26 which is described in Exhibit"A" attached to this Resolution; and 27 28 WHEREAS, upon passage of this Resolution, the property owners will be furnished 29 with a copy of this Resolution, and given one more opportunity to remit all costs associated 30 with the abatement in full within 30 days of the passage of the Resolution,before transmittal to 31 the County for recordation of Liens; and 32 33 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 36 37 Section 1: Each Whereas clause set forth above is true and correct and incorporated 38 herein by this reference. 39 40 Section 2: The amount of costs incurred by the City and the abatement of the above- 41 described nuisance as to the parcels of land, owned and indicated to wit: 42 43 44 SEE ATTACHED EXHIBIT "A" 45 46 S:ACA\RESO\Nuisance Abatement for 112018-Reso.docx Page 87 of 697 47 Subject amount is hereby assessed as liens against said parcels of land as 48 indicated, plus an additional administrative charge of $30.00 for each Lien. 49 Liens shall be of equal dignity with the taxes there from for the year 2018, and 50 shall be enforced and collected in like manner pursuant to applicable provisions 51 of law. In the event collection proceedings are necessary, the property owner 52 shall pay all costs of the proceedings, including reasonable attorneys fees. 53 54 Section 3. This Resolution shall become effective immediately upon passage. 55 56 57 PASSED AND ADOPTED this day of , 2018. 58 CITY OF BOYNTON BEACH, FLORIDA 59 60 YES NO 61 62 Mayor— Steven B. Grant 63 64 Vice Mayor— Christina L. Romelus 65 66 Commissioner—Mack McCray 67 68 Commissioner—Justin Katz 69 70 Commissioner— 71 72 73 VOTE 74 ATTEST: 75 76 77 Judith A. Pyle, CMC 78 City Clerk 79 80 81 (City Seal) 82 S:ACA\RESO\Nuisance Abatement for 112018-Reso.docx Page 88 of 697 :. 0 0 0 0 0 0 0 0 0 0 0 . . 00 00 00 00 00 00 00 06 M M M .. 00 m m m m 00 00 m —A —A iD m k �D �D Ln Ln rn rn rl Ln �D c . 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CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-167- Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) to provide appropriation for repairs and painting of the 1913 Schoolhouse Children's Museum& Learning Center for $58,000. EXPLANATION OF REQUEST: The City accepted a $50,000 grant from Florida Department of State, Division of Historical Resources with an $8,000 match, on September 20, 2018, for repairs and painting for the 1913 Schoolhouse Children's Museum& Learning Center. The FY18/19 Capital Improvement Program must be amended to reflect the grant award and expenses. The FY 18/19 Budget was adopted in September of 2018. As a result, of accepting a $50,000 grant for the Children House Museum the adopted budget for both revenues and expenses has to be amended which requires City Commission approval, see Exhibit A. • The Capital Improvement Fund will be amended for Fund 302 from $7,945,310 to $8,003,310. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Grant funds and matching dollars will be used to repair all soffits, fascias and flashings on the 1913 Schoolhouse Children's Museum& Learning Center; as well as the interior wood flooring, as needed. The exterior elevations of the building, 8 wood frame doors, and 57 wood frame windows will be repainted. FISCAL IMPACT: Non-budgeted See Exhibit"A" for summary of fiscal impact, the Project costs is$58,000 of which $50,000 will come from the grant and the remaining $8,000 will come from the City's general capital improvement fund (302) ALTERNATIVES: N/A STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 90 of 697 Is this a grant? Yes Grant Amount: $50,000 ATTACHMENTS: Type Description D Resolution Resolution Budget Amendment 11®20®1 D Exhibit Exhibit A Budget Reso D Attachment Historic Preservation Grant Award for Schoolhouse Museum Page 91 of 697 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE ADOPTED BUDGET FOR 5 VARIOUS FUNDS FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2018, AND ENDING 7 SEPTEMBER 30, 2019; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, a final budget was approved by the City Commission on September 20, 12 2018, for the fiscal year 2018-2019; and 13 WHEREAS, the City Manager is recommending amending the amount necessary to 14 be appropriated for fiscal year 2018-2019 for various funds (see Exhibit A). 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA: 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. Hereby amending the appropriated FY 2018-2019 budget for the 21 General Government Capital Improvement Fund from $7,945,310 to $8,003,310. 22 Section 3. A copy of such amendment and/or adjustment is attached hereto as 23 Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 24 2018 and ending September 30, 2019, to maintain and carry on the government of the City 25 of Boynton Beach. 26 Section 4. That there is hereby appropriated revised amounts to various funds 27 (see Exhibit A)pursuant to the terms of the budget. 28 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 29 repealed to the extent of such conflict. 1 Page 92 of 697 30 31 Section 6. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 20th day of November, 2018. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven Grant 38 39 Vice Mayor— Christina Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner— 46 47 48 VOTE 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 2 Page 93 of 697 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2018-19 2018/19 CITY MANAGER 2018/19 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Vehicle Service Fund(Fleet Fund) 302-0000-334.99-00 STATE GRANTS/VARIOUS 0 50,000 50,000 302-0000-389.91-00 NONOPERATING SOURCES/FUND BALANCE APPROPRIATED 6,876,173 8,000 6,884,173 Adopted Fund Total Revenues 7,945,310 58,000 8,003,310 302-4107-573.62-01 BUILDINGS/BUILDING IMPROVEMENTS - 58,000 58,000 Adopted Fund Total Expenses 7,945,310 58,000 8,003,310 Page 94 of 697 1 RESOLUTION NO. R18-134 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 ACCEPT AND SIGN THE FLORIDA DEPARTMENT OF 6 STATE, DIVISION OF HISTORICAL RESOURCES 7 GRANT AGREEMENT FOR THE AWARD 8 (19.H.S.M.100.066)IN THE AMOUNT OF$50,000 AND TO 9SIGN ALL ASSOCIATED DOCUMENTATION 10' BETWEEN THE CITY OF BOYNTON BEACH AND 11 STATE OF FLORIDA, DEPARTMENT OF STATE, 12 DIVISION OF HISTORICAL RESOURCES; AND 13 PROVIDING AN EFFECTIVE DATE. 14 15 16 WHEREAS,the City has been awarded a grant to repair all soffits,fascias and flashings 17 on the Schoolhouse Children's Museum & Learning Center as well as the interior wood 18 flooring, as needed; and 19 WHEREAS, grant funds will also be used for architectural/engineering services; and 20 WHEREAS,upon recommendation of staff,the City Commission has determined that 21 it is in the best interests of the residents of the City to accept the Grant in the amount of$50,000 22 and authorize the City Manager to sign the Agreement and all associated documentation 23 between the City Of Boynton Beach and State Of Florida, Department Of State, Division Of 24 Historical Resources. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 271 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. 30 Section 2. The City Commission does hereby accept the Grant in the amount of 31 $50,000 and authorizes the City Manager to sign the Agreement and all associated C:\Users\StanzioneT\AppData\L.ocallMicrosoft\Windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Accept_Historical_Resources_Grant_(2018)_-_Reso.docx Page 95 of 69 32 documentation between the City Of Boynton Beach and State Of Florida, Department Of State, 33 Division of Historical Resources, a copy of which is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 20'' day of September, 2018. 36 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 54 ATTEST: 55 56 57 terk 58 JuditPyle, CMC 59' City 60 61 62 63 (Corporate Seal) 64 65 C:\Users\StanzionePAppData\Local\Microsoft\windows\Temporary Internet Files\Content.IE5\TQFSZ5NC\Accept_Historical_Resources_Grant_(2018)_-_Reso.docx Page 96 of 697 AGREEMENT BETWEEN TIM STATE OF FLORIDA,DEPARTMENT OF STATE AND CITY OF BOYNTON BEACK DEVELOPMENT DEPARTMENT 19.ILSM.100.066 This Agreeme,t is by and betWem the State of Florida, DV"humt of State,Division of Historical Resources hminafter rdmTed to as the "Dividor�w and theCfty of Boynton, Beach, Development Departme,t hmumfter reterned to as the "Grantee The Grantee has been awarded a Small Matching Grant by the Divisim grant number 19.h.sm.100.066 for the Project" Boynton S chod Repairs and Exterior Painting"I'n the amamt of$50,000.00("G rant Award Amotmf).The Division enters into this Agreement puramt to Line Item 3090, Contained in the2019 General Approppations Act HB MM, Laws Of Florida The Division bathe authx tly to administer this grant n,accordance with S ecctkm 267.0617,Florida Statutes, In consideration,of the mutual covenants and proonises contaftW heren,the parties agree as follows: 1. Grant Purpose:Zhis grant sball be Used ecclusively for the"Boynton Sdwol Repass and Exterior Painting';the public Purpose for which these fumds were appropriated. a. The Grantee shah perform the Mowing Scope of Work: Grant funds Will be used to repair all soffits,f uxi,4 and flashes on the Boynton Schur);as well as the interior wood flooring as needed Zine exterior elevations of the bml&3&8 wood frame doors,and 57 wood frame windows will be repauuted.Grant funds will also be used for ardftchzaJ/agkw&7ng serviom AD tasks associated With the Project shall meet the regtmaments set froth in,iris agreement, b. Me Grantee agrees to Provide the fo&wjIng Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. Nle Deliverable� Dommuntation Payment Amount (� Zheper�aemarrce Measure doc�m�►g I' �satisfactaay =qdeflonof Acompleted Deliverables will be a Application,and completed Certificate for Application,and Payment(AIA f C tficate for Document G702)and 1 1 Payment(AIA Schedule of Contract $15,000 Document G702) Values(AIA Document 'and Sdwdule of G7031 or its Contract Values egruvalent;showing at (AIADocurn erd least30 peon ent of the G703),or itis project completed. shag _ at least 30 pmmt of theproject completed. l Page 97 of 697 The perbmance measure documenting satisfactory Aoompleted. cotrtpleticnof Deliverables 'APP"cationand wMbea canep I Certificate for on and Payment(AIA ApplicatiI Certificate for Document G702)and 2 2 1 Payment(AIA Schedule of Contract 1 $15,000 DocumentG702) Values(AIA Document ' G703),or its and Schedule of equivalent,showing at Contract Vahm least60 percent of the (AIA Doctzrnent roject com G703),or its ppleted. eqdvallent,showing at least 60 percent of the project completed The performance meabure docmnenting satisfactory completion of Deli les will be a completed i and. Certificate for A completed Payment(AIA Application and Doomumt G702), Certificate for Schedule of contract i Payment(ATA Values(AIA Docuxrtent G702), Sched:ule of Contract Document G703), and a catificate of ValLms(AIA Dommient Substantial G703),and a Completion(AIA CerffMft of Document G704),or Substantial its equivalent, Completion(J" showing 100 percent Dwmient G704),or of the Project its ecpAvalenk showing completed,including IOU percent of the all retainage Project completed, amounts paid.11v including all retarnage per(bMWWe amounts paid; 3 3 measure, submission and $20,DDO documenting acceptance of a Final satisfactory Project Progress completion of Report that certifies Ddwembles will also that all project grant be submisdon and funds and required acceptance of a Find match have been Project Progress ogwrided in the way Pegs;2 Page 98 of 697 Report that certifies here agreed upon and 1 that all pqd grant the Project has been funds and reTdred 1!dosed out;and a match have been Single Audit Form expended in the my I coapplebed by the here%weed,upon Grantee and Amiitted, and the Project has along with the Final been dosed out in PLugressReport per, addition,a Single to&W payment Audit Form shall be completed by the Grantee and i submitted along 1 with the Final Progress;Report prior to final ---payment. c- MN Grantee has provided an Estimated Project Budget based upon reasonable OTendifinw projected to accomplish the Grantee s Scope of Wank and Odmables;outiffied in the Agreeirtent.The Budget provides deW*of how grant and match funds will be spent All OTendihIrffi shall be in accordIanoe with this budget(which is incorporated as part of this Agreement and entitled Aftchnent A)and must be kwuntd during the term of this Agreement as stated in,Section 2 of this AgreemenL 2. Length of Agreement.This Agreement shall begin an 7/112MB and&mR end 6/3012019 unless terminated In accordance with the providans of Section 33 of this Agreement Contract extensions will not be granted unless Grantee is able to provide Ribstantial wntben justification and the Dimon approm w&acteilmm The Grantee's written request for such oda-aim must be submitted to the Divigion no later than thirty(30)days prior to the tatmination date of this Agreement and no amendment will be valid unto a written amendment is signed by both parties as required!in Section 7 and Section 15 of this Agreement 3. COntrad Administration.The parties are legally board by the requirements of this Agreement. Each party's contract manager,named below,will be responsible for=on"its Pabrmance under this Agieemenk and will be the offic%al contact for each party.Any notice(s)or other communimucus in regard to this apmenunt shall be diteded to or delivered to the other party's Contmd manager by UWMIng the infionnation below.Arty change in the contact informatkn below dvD be subInItted in writing to the cOnUact manager within 10 days of the change. Forthe Division of Historical Resources: Yasha Rodriguez Fladda.Dqmhner&of State ILA.Gray Building 500 South Brortough Street Tallahasseq FL 32399 Phone:850,245.6333 Emaffi For the Grantee. Contact Adams,,Warren Address 100 E.Baynton Beach Blvd.Boynton Beach Florida,33425 Phone: RmaE adamswobbilus Pap:3 Page 99 of 697 I � u..: ;:.I :1 •. A :: , -•.... ��1_♦:. ■ I :: lal♦ ♦ ;.' � a1 ! -.l•I • • r�: 1....: _+ 'I !• II :: ❑ l* 1 I F.C 1•M •:-:- / J a1. •': ["R .....1 ♦i. 11Tullt:.A •ti Mf F I r •:: .:: L.. 1 F C'. I � ;. •'1 t.�;al 1. \ /....:. l�1":. 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C 11: 3. •.. • 1 • ' ::I •�• l •. :.I •' :.:A: :• ■ l r,' A /1•�..: �::- J -!:.' ,•.:. ;..: 1 7Y• 11": LIL:f I:': a" 1 l ♦ lL iil 1 a •r .rTjTojFI.•Ut Irl. {!` ■1:CAYeITMIMCM • 4 !:• !• AIN Z •::: •111 :::1./ It A a 1i `:l [` IN 7/. 1'. - A;: I:,' :•.. • :. -I ,:.• •:.:-. 1:' l .:'' ' YA. 1 / t... 1 C.(' : I •s 'f is Y\1 / '1:' •1:'i' ♦I l:I: 1 !I :' !�. 1 I: I^ lei: . .1 :::1 1 1 t. �# 1: 1 •IJ ,".! � iA. ■. :i. is ` 1'. l• \..'.-:Velbc:•:.i` • ! .: :.lull 1: 1 1•, ►l't • J(..5 111 A:`L'Lp11`11• - 1.0 . ? 1 I s' .Y G:.,... •;: f'J..L;:: . 1:.. \ .: •: ..^ ....i. 4 L:'.:J I •:: i :f,Y:1. •. 11: w. .::• • • i'.:.. .. � �I:.li.. •: ,\\:: :I 1 : : •1 ,. \:: / •.:1'.' 1 11: : . Aii ..•:: I.A . it ■ • 11.11 : 1: :1. J I 1:... . a ♦. * 1 �..: ..'.+....i:A :�l1 r1•j:: In1•..•.• MR-1/ 4. 111 :. . 1: 1.:• f F 1 - :1 : '! L:..l.. w 4 I 1 • [_♦ 1: I.J :::Jl.�I NIT\11N.4L F. • I..... • ■•I +:..: • I :1 I �. - 1 ' 1' 1 1 ■1: ;..• 1. ''4::':1rIkk + .. 11 •:AJ Y. _ 1 • • :,Ii ./ •I.'.. 1 • /... 1 • i �♦ li _/ #/l {: .. '' •....�.: a... • -.. •:• I a1:1::Y 1.1 i:' I 1 ..:-. .r Y.: •r 1 1. 1;J . .. 14 . :1..:.1 �. :: • . 11..• • ��1 1.1•,7.x:11_:.}' 1 ' : Y A A i:.' • 4 a..Y • •:i1 1 :1 r/.11: •1: IT, :. [1: .111. :: • •:".:1 :.. •.is I ,A1: a: L • •li'+C.1, l•....:AI :1 Y.Ai. • •A II to>t at ti! aBi- ArcIdtactmalServim 1. All Projects dmi require contmding for services. 2. The Grantee may request a vmhw of this requirement from the Division if fiW befilem that the arCbItecturaVen9Jheenr9 services are not needed for the Project.The Division dmi make arecommen&hM to the Grantee aft review of the proposed work. d. ArcIdtectural D=iinents and art cts The Gnutm shall submit the arch.tectural service contract to the Dqwftnent for review and approval prior to final O=WML In additicM plirsuant to Section 267.031(5)(i),Florida Statutes, the Grantee shaIl submit ardutectural Pl'mmg is to theDepartmentfor review and approval at the Wowing stages of devebmmt, 1- Upon completion of sebenuttic design; 2. Upon c0lnpletim of design development and mdUne sp cations;and 3. Upon completion of 100%construction.documents and prof ect manual,prIM to executicn of the construction contract. e Por the=Struction plum of the Project,In addition to the miewsubrnissions Indicateclabom,a copy of the cOnsftchore►contract must be sub to the Department for rear and approval prior to final execution Dq`artincrit reviewand RPProvalof said shall apt be cmsbmed as acceptance by cr imposition up=the Department Of any Onancial liability in emnectim with.said contracts. f. For projects in ( Pies hwlu&historic bmbrbng or structure relomton,grading and site work,'msu&tmm of sewer and water ' subgrade Ibun&ftm Tep=orconstruction cf new foundatims and instaaflon of landsmpe aria ),the Grantee shall ensive that the Wkwing requirements am included an all Cts for architectural and a' Ground dwturbance around limboric buffdmg8 or dwwhere on the site&MR beMhVinmecLthus redue ng the poa6ilfty of damage to or desinschaft of signilicant b. If an arcfBeDWW fimStigation of the site has not been cnmplet4 the arcWtect o7 engbfteer shall contact the Departamit for assistance in the actin's necessny to evaluate the potential for adverse effects of the ground disturbing acbvltm an agn&cardeo c. Signifinant ar&aeologtcai resoorm dwIl be protecW and preswved in plate whawm pomele.Hvy mad'hiery shall not be alloyved in areas where signfficanj archaeological may be disturbed or d. WhenPresermt1cn ofsigiu6mtardmeologuml ramrmin place is not ieastble,a nutigatio n plan 9h.H be developed in consiAlation.with and approved by the Department,r,CmrqAlance Review g (cmftct irkfarination available online at www. hg tage.mm).7heInitiptleft plan stallbe imp1mmted under the direct'm of an ogist ineeting the S&yW&y of the Interiors'phyesgonal QudifWion St for Ardmiogy. e Docurnentation of awhaedogical in tion and requited rni igation.acto ns Shall be submitted to the Compliance Remm Section for review and approval This d=mentat m gum=do=to the Seadw y of the Inteniw's StandardsfirArdumlogical Documentatm,and the leporting standards of the Comphance Review SeCtim set forth in CWWter 14-46Flm°ida Administrative Code. 10. Credit Line(s)to Adonowledge Grant Funding.Pumuant to Section 286.25,Florida Statutes,in pub' ' advatift or describing the spmmItp of the pvgrarn the Grantee shall include the Mming statement: Page.S Page 101 of 697 'M*project is sponwred in part by the Departmentof State,Division of Historical WsOUICeS and the State of Florida."Any variation in this language must reodivie prior approval in vaiting by the Divisim b. All site-specific projects must include a Project identification sk;n,with the dorementimied language,that must be placed an site.The mat of pteparation and ereLtim of the Project idenfficatim sign are allowable project costs. Routine maintenance costs of project signs are not allowable project costs,A O~ph of the abremendOneid sign must be affimitted to the Dividon as soon as it is erected. 11. Encumbrance of Funds.The Grantee shall execute a binding contrad for at least a pad of the Scope of Work by September 30 of the grant period,accept as allowed below. a. Exteroden of Encumbrance Deadline:The oxmibrance deadline indicated above may be octended by written approval of the Division.To be d%ffile for this extensim,dw Cirantee must detnonstrate to the Division that encunibrance of grant firnding and the required match by binding cantract(s)is addevable by the end of the requested ocbmded encumbrance periocl. The Grantees written request for odermon of the encumbrance deadline must be submitted to the Department no later than fiften(15)days prior to the encumbrance deadline indicated above.The maxicaum octension,of the encumbrance period diallbe thirty(30)days, b. Brnmibrance Deadline Exception:For projects not joontraci services the Grantee and the Department shall corm*on a case-by-case bads to develop an acoeptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the failowing reports to the DMdm All reports shall document the complestion.of any dehmables/U"vq3enses and acdvitles that owarad during drat reporting period,All reports on grant progress will be submitted online via xmmdQ9gMnJ&O= a. First Project Progress Report is due by Ockba 31,for the period ending September 30. b. Second Project Progress Report is due byartuary 31,for the period ending Dtoember3l. c. Third Project Progress Report is dueby Ap&30,for the period ending March 31. d. Final Report. The Grantee must submit aFinal Report to the Division within one month of the Grant Period End Date set forth in Section 2 above. 13. Matching Funds.The Grantee is required to provide a 10(r/o match Of the required match,a minimum 25%of the match must be a cash match Tyne remaining match may Jinclude in-kirid vuhrnteer labor,donated matedal%and additional cash.For projects located in Rural]Economic Development Initiative(REDI)counties or canumnities that have been desigrated in accordance with Sections 288.0656 and 288.06561,Florida Statutes,Grantees may request a reduction of the match amount.a waiver for the match amount.Grantees that are CertiW Local Government(CLG)organizations and Main Street Program orgeruzations are not required to provide a match.The Grantee mud submit documentaton that the minirnum.match requirements have been met and provide to the Division documerktatton evidencirg oqxnm incurred to comply with this requirement 14. Grant Completion Deadline.The grant completion deadline is the end date of this Agreement ad forth in Sectim 2 above.The Grant Completim Deadline is the date when all grant and motcHng fundshave been pad out and eqxndecl in aocardance with the work described in the Scope of Work detailed in the Estirnated Ned Budget.If the Grantee finds it neassary to request an extendon of the Grant Completion Deadline,an Amendment to the Agreement must be executed as per Section 7,and the stipulativins in Sectim 15 must be met, 15. Extension of the Grant Completion Deadline.An extendon of the completion date must be requested at least thirty (30)days prior to the end of the Grant Period and may not oweed 30 days,unless the Grantee can dearly demonstrate adenuating circumstances.An e5denuating cmunstanae)s one that is beyond the control of the Grantee,and me that prevents tm*completion of the Project such as a natural disaster,death or serious illness of the individual responsible for the completion of the Prqeck litigation related to the Project,or failure of the contractor or architect to provide the services for which they were contracted to provide.An extenuating mumistance does not inducle failure to read or understand the admini&ative requirements of a grant or failure to raise sufficient matching funds.Changes to the PaSw 6 Page 102 of 697 original completion deadline shall be valid caly when requested in wTHin&approved by the and an Amendment to the Agreement has been awcuted by both parties and attached to the odgirml of this Agremient 16. Non able Grant Expenditures.The Grantee agrees to expend all grant fimds received under this agreement solely for the purposes for which they were authorized and appropriated.E xpendiftires diall be in compliance with the state guidelines for allowable Project ants as ouffined to the Departzrient of Firmuml Servicesf Rdirence Giddefor State Expendiftires(mvised 3/1012011),which are zn=porsted by rderence and am available miline at httP;L6nM.m3ffloddacfo,mmlaad&xc6mnuX4pAdeLlhe fiMowft categories of ocpenditures are non-dowabLe for e)(pendittire of grant funds and as contributions to required match;- a. Expenditures for work not hirluded in the Scope of Work of the a=uted Grant Award Agreement b. Costs of goods and swam not procured in accordance With procurement procedures so forth in fixQant Award Agrament and Chapter 287 of the Florida Statutes; c• Expenses incurred or obligated prior to or after the Grant Period,as irdicated.in the Grant A%wd Agreement; d. Expenses associated with lobbying-or attempting to kfizence Federal,State,or local le%islafan,the judicial branch or any state agency; e. Expenditim for work not ccrisistent with the applicable histonc preservation standards as outlined in the Secretary of the Interior's Guidelines available at *Aum2UZpkstare dards; available at applicable Ind ushy standards, L Costs for projects having as their primary purpose the fulfillment of Federal or State historic prmm&n regulatory requirvnient%$PeCificaffiy,cWts of conffakation and mttgation mean=required under Sechm 106 of the Natimud Ifistmic Amsqrtion Ad of 1966,as amended,or under Section 267.031,F.S.; g Projects directed at achAhes or Frobonc Properties that are restricted to private or excitisive participation or accem Which"include restr"access on the bats of sex,race,,color, nability,age FW=cy handicap,or mantal status, h EnberWnmenk ibo4 beverage4 plaquek awards,or gft. i Costs or value of donations cr'In-khd Cmitributou not documented in accordance with the provisions of the Grant Award Agreement, j. Indired costs including Grantee overhead,management agwrises,geneml operating costs and other costs that are not readily Identifiable as oTmutitares for the materials and servim requored to complete the wmk identified in the Scope of Work in the Grant Award Agremnent Examples of ingiiied costs induciff renVmortgagp Hes, Mtorw ,uffi jai services,ftwranc%accounting,internet SM&R,Monthly Opmses associated to sectzrfty systenA nmVant rdaW adinkiistrative and cland fimdrabing activities; k Administrative aqvnditures such as;oTendifures that are directly attributable to management of the grant-assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement w1vther grant expenditures or match contribuborm vdg&in aggregate exceed 5%of the grant award amom* L Grantee operatimal support(Le,erganizatian salwies;not directly related to grant activities;travel experwhtum, per diep,or supplies); in. hisurance costs; rL Capital improvements to noequistotic properties,or nm-hstodc additions to a Historic Property P:xoeptiom pre- approved item of week for Museum Ehabit projects) 0 Capital improvements to the interior of Religious FrOPertim(Exceptiorc repairs to primary elements of the structund system.Examples mdudf--fmidation rqain teparrs to 00himm,load bearing wall framm&roof frwml& mascouy rep=4 and wmdwand exterfor door repairs and restoration pradwes associated with the building envelope); p. Code-rapired Accessibility Impreiveritents for Rftow Properde% q. Vehicular circulation(drives/drbremys)within the property or fi-cm the property to Murounding streets and Palkirg TACEPHOIX Pw%&M of code-required handicapped paddng pad(s)y, r SidewdU path,walkways,landscape features and accessod%planting,Irrigation systents and site ligh" (Exoqdons:sI&mm&required to link the coderequired handicapped parking pad(s)to the accessible a", planting/sodding'required.to halt documailed.erodon;prunm&removal,or relocation of trees po*g an immediate threat to the hmtonc or archaeological resource;and limited site h&ng required for swmty,all if approved by the Parz 7 Page 103 of 697 ^. •J ♦+ :1 ! '::� �1#:• ;. IR: -1• R: 1 1M • .Y:a•: J \1 •:1 ;'��. R \ �].: • f ::: +1 F:.� ' - :... A... t i • :':• •1 ... r :.t:� •II 1....^�.. !] _ :1...:■ .IktjepokT& 97o; ! ' •.. f :1.• 1 •'i i. _ r.1: 11 • .: ! 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J: ' I ! 1 I'." t. .• �. 1 •t ♦G U Y - �'F: If a i r,.: ! 1 •• • �� u f ;- '• f 1-.' f•J --> •� (: �'•. ■1J 11 'r ' u: r 1 w ra :::•u /a' �.•1. n Ms Y')vTwI I':~1 �: -1 1 •• :.. r u 14 1 .-.a-.�- •1. /• :.. �- f. :R 1 •Wil:. •/ w.. ' ._� a' 1 �v: 11 f•. 1.. I'J a.J .: /:) .:f.' 1 f 1:... f /..... a...l: •^\1ct sc- ' :.r - -' MIM-7,71%,f z...1 • 1 i :. • : e.s::. '• 1 :!r&Ir!j MIA :. • r. f a : It :::1• •11 ;i • [`.:1 n :. •1 ;.r a 2 1 .:.. t t' 1 R :+ 1 • Irr.: ;.0 •: n•• •1: •1 ::[ s ,_ .nlr.: :.,.,,o .'. :. : : •k,a - •_.rt.. it "!!I Iv1 : 1:.:.11:1 :, 1 R' Y { !'• w:! \ �,'. f f {: l - :i(. [a R ♦�'.... �....: 1.. - 'J•1 :1 M� {\) •. • I •.tR 1 :..R: / .1•. 1�1 _ •1 !.1; • 1.....:^ ( r R:1 f'1. 1 ::ZR:l ♦ 'rr:l l:._• :.'Y. - l P..\• : :tff No-, ..SI I,r 1.'. t• Olt, Mum •! 1. 1 :1:...!U 1C IM' 1. _ 'Sk 1 M , \:1 ?♦ • G::J Y.1 - .1:- /. •...:•: 1 !'. Iai.. . •..1::.1 Ill +. 1. .. ! ••i:- IIA ..:.:1: ^ : •:.ti :f : ::1. . t1 .. a J r1: : M •1: 1 1 ' If I ' M/: ' • :I.R1: / 1. 1 : :I { : !' Y . .I. .:JI ,I I:.. 1 '.:J: .::[�' I.:w • • aR•:v •.r. •• :1. 1. R': •l :� /: .IM I: I� fl '�aJ �♦ M 1..:.. 1'. l'" Y :.: r • 1:.' 1 •! :R:I: / � •IJ: 1. ! �.! / :. f f f .. I /{ I •:�!/ r . : •. : i• • • J Ia l.l. A:ie'� •"..Y! ►Y•:: • �.:�.1 ♦ .� • ♦ • rti I:i:�:l earned aro such investments should be returned to the Division quarterly,owept that intermt accrued less than,$100 any quarter maybe held until the next quarterwhm thea $100. Allinterest accrued and not paid to the Divisimi,regardless of ammmt,must be submitted with the Grantees final Pxcgm Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Nancomplance with Grant Requirement&Any Grantee that has not submitted required or sabsEled other admmistrative requicemencts for this grantee or other DwMon of ITstorxg Resources is or grants from any offier Florida.Departumt of State )Division.will be in noncompliance status and subject to the DOS Grants Goin t compliance issues must be resolved before a grant award agreement may be wcecub4 and before grant payments for arty DOS grant may be 25. Accounting Requirements. The Grantee must maintainan accounting sYskm that POOVICks a complete record of the use of all grant funds as follows a. The accounting system must be able to spedficaRy i and provide audit trails that trace the main and of state receipt, b. Accounting records must adequately i the maces and application of finub for all grant activities and must dasagy and'den*Wantfunds byusingthe same et categories that'Awe apFwedin the grant application. If Grantees acwmdmg system accumulates data in a dffwmt format than the one m the grant applicaboxy subsidiary records must document and reconcile the amounts shom in the Grantee's accounting rwords to those amounts reported to the Di ' ' . c. An interest-bearing account or accounts in a state or federally chartered inshtutim may be used for revenues and eqxnses described in the Scope of Work and detailed in the Estimated Project Budget. d. The name of the ace s)must include the grant award number; e. The GrardWs accounfing records must have effective control over and accountability for all funds,property,and other ;and L Accounting records must be by source dDeumentation and be in suffidertt detail,to allow fora proper lam" audit and post audit(such as`invoices,bills,and canceled checks). 26. Availability of State Funds. The State of FI 's perfonnance and obligation.to pay under this Agreement are contingent upon an annual appropriatun by the Floridaor the United States Congress in the case of a federally funded grant. United States Congress in the case of a federally funded grant.In the event that the state or federal funds upon,Much this Agreement is dependent are withdrawn,this Agreement will be automatically termmated and the Division shall have no liability to the Granter,beyond ffiose amounts already released prior to the termination date.Such tetnunation will not affect the responsibility of the Grantee under this Agreement as to biose funds previoudy distributed.In the mmW of a state revenue shortfall,the tDW grant may be reduced accordingly. 27. Independent Contractor Status of Grantee. The Grantee,if not a state agency,agrees that its officers,agents and employees,in performance of this Agreement shall act th the capacity of'independent contractors and not as agents,or employees of tate state.The Grantee is not entitled to accrue any benefits of state employments including rebrement benefits and any other rights or pnvftm connected with employment by the State of Florida, 28. Grantee's Subcontractors. The Grantee shall he responsible for all work performed and all egxnses tromed in connection with,this Agreement.The Grantee may subcontrack,as neomary,to Perform the 9WAM and to prowde commodities required by this Agreement The Di . ' shall.not be liable to any sub ctar(s)for any Openses or liabilities the Grantee's s},and the Grantee shall be solely liable to its subcontractor(s)for all aqxrow and liabilities'incurred Broder its subcontract(s).The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be`Indqmdent Omtraetnre and wM not be considered or permitted to be agents, joint vmtures,or partners of the Division. Page.9 Page 105 of 697 29. Liability. The Division,will not amme any liability for the acne, to act;or negligence o&the Grantee,its agents,serTards,or employees;nor may the Grantee owlude liability for its own acts,omissims to aet;or negligertoe,to the DiMon. a. The Grantee shall be respondble for claim of any natuxe.induding but not linked to injury,death,and property damage ansing out of activide related to this Agreemimf by the Grantee%its agents,wmants,emplayeer,and subcontractors.The Grantee,other than a Grantee which is the State or the States agmcies or subc1tvidons,as de&md in Section 768.28,Florida Statutes,shall° and hold the Division h=des from any and all claims of any nature and shall investigate all such claims at its warn If the Grantee is governed by Sectio 768.28, Ftwida Statutes,it shall only be obligated in accordance with that Section. b. Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity,or increases the limits of its liability,by entering into this c. The Division shall not be liable for attorney interest,late charges or service fim4 or cast of collection related to this Agreement d The Grantee shall be le for all work perfmied and all oqxnm incuned in connection with the Project. The Grantee may subont Tact as rwmary to perfoarm the services set for&in this Agreement,solo ' entering into subcontracts with vendors for services and ;and provided that it is mderstood by the Grantee that the Divisim shall not be Mable to the subcontractor for any wqxnaes or liabilities'incurred under the subcontract and that the Cirartee shall be solely liable to the subcontractor for all mTensw and habilitin in under the stibcantracL 30. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict confonrlity with all applicable lain and regulations of the local,slate and federal law. 31. NoDiscrimination. The Grantee may not against any employee employed under this Agiwment,or against any applicant for employment because of race,color,religion,gander,national origin,ago pregnancey,handicap or marital status.The Grantee shall' a similar provision in all of its subcontracts for services under this Agreement 32. Breach of Agreement. The Division will demand the return of grant funds already received,will withhold subsequent payments and/or wfll terminate this agreement if the Grantee unproperly aqxnds and manages grant funds,fails to prepare,preserve or surrender records required by this Agreement,or otherwise violates this Agreement. 33. Termination of Agreement. a. Termination by the Division.The Division wr8 termirmft or end this Agreement if the grantee fails to 6M its obligations herein, In such event,the Dhmw wM provide the Grantee a notice of its violation by letter,and shall give the Grantee fifteen(15)calendar days from the data of receipt to cure its violation. If the violation is not cured within the stated period,the Dividion wM terminate this Agreenient. The notice of violation letter shall be deErvered to the Grantee's Contract MaMM pmoriany,or mailed to his/her specified address by a method that provides prodafrecapt. In the event that the Divibion terminates this Agxvemerk the Grantee will.be compensated for any work completed in accordance with this Agreement,prior t®the nob icatian of termination,if the Division deems this reasonable under the Grant funds previously advanced and not expended an work completed in accordance with this Apeemertt shall be returned to the Division,with interest,within (30)days after terrrdnation of this Agreement.The Division does not waive any of its rights to additional ges,if grant funds are returned under this S b. Terminatimforconvenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial resubs commensurate with the further tune of funds.The two parties will agree upon the tion conditions,including the effective date,and in the cause of partial terminations,the portion to be ted. Pap:10 Page 106 of 697 c. Ternitnatim by Grardee.The Grantee may uru7atually cancel the grant at any time prior to the first payment on the grant althmgh the DVartment must be notified in writing prkw to cancellataL After the initial payment the Project may be terminated,modified,or amended by the Grantee oily by mutual agreement of the Grantee and the Divislon. Request for terminationprior to Completion must fully detail the reasons for the action and the proposed dispositlon of the uncompleted wo& 34. Preservation of Remedies. No delay or omission M exercise any right;power,or remedy accruing to effier party upon breach or violation by aduT party tinder this Agreement diall impair any such right power or remedy of either party; nor shall such delay or omzdm be construed as a waiver of any such breach or default,or any similar breach or default 35. Non-Assignmentof Agreement. The Grantee may not assiM sublicense nor otherwise trarwfir its ' %duties or obligations under this Agreement without the prior written consent of the Divlslom,which consent shall not unreasonably be withheld.Me agremerct tranderee must demonstrate compliance with the requirements of the Project.If the Division approves a transfer of the Grantee`s obligations,the Grantee d-LaIl remain liable for all work performed and all expenses incurred in conrMChOn with this AgMsMent In the event the Legislature transfers the rights,dutim and obligations of the Divisim to another governmental entity pursuant to Section 20.06,Florida Statutes,or otherwise,the rights,dt91M and obligations under this Agreement shall be trarm6erred to the successor ental agency as if it was the original' to this Agreement. 36. Required Procurement Procedures for Obtaining Goods and Services. The Grantee diall provide maxim= open competition when procuring goods and smvices related to the project in accordance with SeWon 287.057, Florida Statutes. 37. Conflicts of Interest. The Grdnbee hereby cerffles that it is oognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326,Florida Statutes,and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate dxee provisiom In addition,no Grantee official,employep,or consultant who is authormed in his or her official capacity to *mak%accept,approve,or take part in decisions regarding a contract subcontract or othe agreement in conrwcton with a grant assisted project shall bike part in any decision relating to such contract subcontract or other agreement in which he or she has any finandal or other interest,or in which his or her child,pararit or partner,or any organization in which he or she is serft as an partner,or employee of which he or she has or is negotiating any axrangemerrt concerning employment has such interest.Grantees shall avoid circumstances presertting the appearance of such conflict F ore,t child,parent or partner of an osthar,director,trusft partner,or employee of the grantee shall not recdve grant authorized in writing by the General Courisel for the Department of State to avoid a potential violati m of those sta 38. Binding of Successors. This Agreement shall bind the successom assigns and legal representafives,of the Grantee and of any legal entity that succeeds to the obligations of the Division of 39. No Employment of Unauthorized Aliens. The employment of imauthorized aliens by the Grantee is omaidered a violation of Section.274A(a)of the Irnmigration and Nationality Act. If the Grantee knowingly employs tinauthorized such violation shall be cause for unilateral canoellatim of flys Agreement 40. Severability. If any tern or provision of the Agreement is found to be illegal and unenforceable,the remainder will remain in full fame and and such term or provlalom shall be deemed stricken. 41. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553501-553.513,Florida Statutes,and the Americans with Disabilities Act of 1990 as am (42 U.S.0 12101, et seq. which is incorporated herein by referenm 42. Governing Law. This Agreement shall be constru4 performed,and enforced in all respects in accordance with the laws and rules of Florida.Venue or location for any legpl action ansing under this Agreement will be in Leon County. Florida. 43. Entire Agreement. The entire Agreement of the parties consists of'the following documentr. Pap:I I Page 107 of 697 a. TI&Agreement b. Estinuted Project B (Attachment A) c Single Audit Act Requinmerits and ExhM I(Attachment B) PW:12 Page 108 of 697 In aclmowledgment of this grant,provided from funds appropriated in the FY 2010-2019 General Appropriation Act,I hereby certify that I have read this entire Agreement,and will comply with all of its requirements. By Grantee- Dn► aai Director Dr.Timothy P By: - thad�g Offldal f�ie Grantee w. imfri LaVerriere City ,Manager Dade and title October 1, 2018 Date PW 13 Page 109 of 697 ATrACFVAENT A Estimated Project Budget Grant Funds Cash_bUtrh $0 $0 ;$2,337 Grant Managanent $0 $0 $3519 — Project MmA5mwnt $3,000 $0 $0 Spedficaticos and Drawings Soffit,Fascia,and Flashing $20,000 $0 $0 Repaft pairs $15,000 0 F _ Preparing and Paint $12,000 'Building Pap:14 Page 110 of 697 ATTACHMENTB FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT Thea dministrabort Of resources awarded by the Department of State to the Grantee may besubject tDaudits and/or monfforing by the Department of State as described in this Addendum to the Grant Award Agreement MDAUDIUNG In addition to mviews of audits cmducted in accordance with 2 CFR.200,501 Section 215.97,Florida Statutes,monitaiing procedures may include,but not be limited to,on-site visits by D epartntent Of State stak linthd soppe audits as d&-,ed by 2 CFR 2§200A25,and/or other procedures. By entering into this agreement the recipient agreeg to comply and cooperate with anY Monitoring pr pr deemed appropriateby the Department of State, In the event the Department of Stain determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any addtwnd Instructions pmviM by the Department Of S tate gaff to the recipient m9ariding such audit. The recipient further agrees to comply and ocoPerate with.any MsPect'OrI4 remws,mvestigation%ora deemed necessary by the Chief F' officer orAuditorGeneraL AUIDITS PART Is FIEDERALLY FUNDED This put is applicable if the recipient is a State or local gaverngnent or a non-profit organintion as defined in 2 CFR 200.90, 200-64&200.70 as revised. I. In the event that the recipient expends$750,000 fix fiscal years ending after December 31,2014 or more during the non- Federal entity's fiscal year in Federal awards in As fiscal year,the reciPlent must have a single or program-spedfic audit coinductedin accordance with the provisions of 2CFR200-501. Exhibit I to this agreement indicates Federal resources awarded through the Department of Staft 1he determination of amounts of Federal awards aTended d=H be m accordance with the guidelines estabishedby 2 CER 200.502. An audit of the rec4nent conducted by the Auditor General in accordance vhffi the provisions of 2 CFR 200.514,as revissed,WM meet the requirement of this part 2. In connection with the audit requirements addressed m Part;paragraph 1,the redperit shall fulfill the requirements relative to audifee reqxw%sibilifies as provided in 2 CPR 200.508. 3. If the reciplent oqxnds less than$750M0 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year,an audit conducted in accordance with the provisions of 2 CPR 200.501 is not requizvd In the event that the recpent expends less than$750,000 for fiscal years ending after December 31,2014 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisioins of 2 CPR 200-501,the cost of the audit must be paid from non-Federal resources(ie.,the cost of such an audit must be paid from redpiert rMources obtained friom other than Federal enfiffes). (d)ExoTtion when FWMW ma ds vtpended are Ins theta$750,000.Anon-Federal entity that acpends less than$750,000 during the non-Federal entity's fiscal year in Federal awards is exempt from Federal audit requirements for that year,except as noted in 2 CFR§200.503 Relation to other audit requirements,but records must be available for review or audit by appropriate officials of the Federal agency,Pass-through entity,and Gommment Accountability of (GAO). The I ntemet web addresses listed below will assist recipients in locating documents referenced in the text Of this agreement and the interpretation of compliance issues. U.S.Government Ptinffig office www.eefr.gov Page:15 Page 111 of 697 PART Il"STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(i),Florida Statutes 1. In the event that the recipient aqvnds a total amount of state financial assistance equal to or in occess of$750,000 in any fiscal year of such reaplent(for fisM years ending after Jame 30,2016),the recipient must have a State amg1e or project- specific audit for such fiscal year in accordance with Section 215.97,Florida Statutes,applicable rules of the Executive Office of the Governor and the Chief Fhancial Officer;and Chapters 10.550 Qocaj governmental entities)or 10.650 (honprofit and f Organizations),Rides of the Auditor General EMBITI to this agMMMtkulkates state financial ce awarded through the Department of State by this agimenient. In determmirig the state financial a in its fiscal year,the recipient dull cmwder all sources of state financial state assistance received han time Department of Stag other state agerides,and other nonstate entities, State financial ce does not'mdude Federal dmd or pawthrough awards and riesources received by a nonstate entity for Federal program mat 2. In connection with.the audit 1equirements addlessed in Part 1� paragraph 1,the nmpent shall emm that the audit complies with the nquirements of 215.97(7),Florida Statutes, inchtdes of a financWreporting package as definedby Sectim 215.97(2)(d),Florida Statutes,and Chapters 10.550(local governmental.eritities)or 10.650 (nonprofit and for-profit organizations),ALft of the Auditor 3. If the red ' than$750,000 in state financialamistancein its fiscal year(for fiscal years emdfirig after J>a- 30,2016),an audit concluctedin accordance with the pravisionsafSection215.97,17olida Statutes,isnot reqWred. In the event that the recipient oqxrids less than$750,000 in state financial aadstance in its fised year ending after June 30,2016 and ekcts to have an audit conducted in acoordimcewith.the provisions of Section 215.97,Florida Statutes,the cW of the audit mud be paid from the nonstate entity's resoaz4m(Le.,the cost of such an audit must be paid from the s resources obtained from other than State ). The Internet web addresses listed below will assist recipients in loafing docurzients mferenced in the text of thin agreement and the inteipretation of compliarim issues. State of Florida Departirient Financial S (Chief Financial' O ) MPAMW.flafs.mmL State of Florida Legislature(Statutes,.Legislation relating to the FloridaSiegle Audit Act)b=llw+MIe¢ PART IIIc REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133,as revised,and required by PART I of this agreement shall be submitted,when required by 5ectim.320(d),OhM Circular A-133,as revised,by or®n behalf of the recipient dvectly to each of the A The Departrnent of State at each of the Mowing addressm- Office of hspector General Floridat of State K A Gray Building, 114A Pap: Page 112 of 697 500 South Bronough St Tallahassee,FL 32399-0250 B. A`133,IhePed erdAu&tC[amnghou9edeOgmted mO MC as (the er of copes reqmW by Iv ircularreAsed nurnb Sections.320(d)(1)and(2),OkM Circular A-133,as revi&4 dwuld be sd1m-dtted to the Federal Audit Cleazitighouse),at the f address. Federal Audit Clearinghouse Bureau of the Census 1201 East 10 th Stree Jeffer8mvilte,PJ 47132 C Other Pederal agencies and pass-through entities in accordanoe with Sections.320(e)and ft 0h0 Circular A-133, as revised. 2- Copies of financial reporting packages required by PART 11 of this a shall be submitted by or on behalf of the recipient dWdjLto each of the&Wwing- A The Department of State at each of the following addxessm. Office of Irmpeclor General Florida Department of State R.A Gray Building,Room 114A Soo South Bron aigh St Tallahassep,FL 32399-0250 B. The Auditor Generate Office,at the following address: Auditor GeneraYs Office Room 401,Pepper Building Ill West Madison Street Tallahasse,,Florida 32399-1450 3. Any repoft management letbex,or odw ujfor=tM required to be subnuded to the Departmerit of State pursuant to this agreement shall be submitted timely in accordance with OMB Ckcdw A-133,Florida Statutes,and Chaptees JOMD (local governmental entitim)or 10.650(nonprofit and for-profit cxpn=tjcw),Rules of the Auditor Generat as applicable. 4. Redpwnj4 when submitling finarx3al reporting packages to the Department of State for audits done in&cwrdance with OW Circular A-133 or Chapters 10.550(local goveirunental entities)or 10A50(nortprofit and for-profit organization4 Rules of the Auditor General,duad indicate the date that the reportiing package was ddnmred to the recipmt m oorreqxndence accompanying the reporting package. PART M. RECORD RETENTION 1. The recipient shall retain Wiffident:records demonstrating its compliance wraith the terms of this agreement for a period of five years frorn the date the audit report is mjecL and shall allow the Department of Stak or its CFO,or Auclitor Ceneral access to such records upon requesL The recipient shall ensure that audit working papers are made available to the Department of State,or its designee,CFO,or Auditor General upon request for a period of at least daft years from the date the audit repart is issued,unless Wended in writm&by the Department of State PaW:17 Page 113 of 697 MUM-i FEDHE SOURCES A ED TO RE P U TO AG CONSIST OF FOLLOWING: Not app 1e. COMPLIANCE REQUIREMENTS APPLICABLE TO FEDERAL RESOURCES AWARDED PUANT TO THIS AGREEMENT AS FOLLOWS: Not applicable. TO n FCIP A;p[iRSiJANT TO S A E8 _NT CONS FOi.i.OWLNG: MATCMffi$ OUR S F- , T. (? , ' Not applicable. SUBJECT TO SECT ON 2152L 09 ORMAT A't'Z Pi'SS, Florida Department of State Historic Preserwition Grarft,CBFANumber 45.031.Award Amount.$50,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PUANT TO THIS AGREEMENT ARE AS FOLLOWS. The compliance requyemimts of this state project may be found in Part Four(State Project C=4ffiance rots)of the State Projects Comphanw Suppkment located at h Nap c �. :18 Page 114 of 697 Small Matching Grant PRESERVATION AGREEMENT Grant Number. V`1,494, 1,60"c"Wt This agreement is made the e4? day of C 20___,by (hereafter referred to as the"Owner )and In favor of the Florida Department of State,Division of Historical Resources(hereinafter referred to as the"Division")for the purpose of the preservation of a certain property known as ?J referred to as the Property"), t 2 located a I 1"'Cec it ANUE',11KAf wk f 1 54 t--L and which is owned in fee-simple by the Owner and has been determined by the Division to be a historic property pursuant to Section 267.021,Florida Statutes. Inconsideration of the sum of SOc,1041,06, received In grant-in-aid assistance from the Division, the Owner hereby agrees to the following for a period of five(5)years: 1.The Owner agrees to assume the cost of the continued maintenance and repair of the Property so as to preserve the architectural or historical integrity of the same. 2.The Owner agrees that no visual or structural alterations will be made to the Property without prior written permission of the Division and that every effort will be made to design any modifications to the Property in a manner consistent with the Secretary of the Interior's Standards for Rehabilitation. 3. If the violation occurs within the five year duration of the Preservation Agreement,the Department shall be entitled to return of the entire grant amount. 4. The Owner agrees that the Division,its agents and designees shall have the right to Inspect the property at all reasonable times In order to ascertain whether or not the conditions of this agreement are being observed. 5.This agreement shall be enforceable in specific performance by a court of competent jurisdiction. 6. It is understood and agreed by the parties hereto that if any part,term,or provision of this agreement is held to be illegal by the courts,the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part,term,or provision held to be invalid. Owner Division Histori Division ri Histon iv 0 41 Tim, Name'of grganization Dr.Tim' thy Parsons,Director Signature o#Authorized Representative Date TAMMY L STANZIONE MY COMMISSION#FF213683 A,I�f 0 Of(W ff_ Vin vk-�a e'lfl EXPIRES March 25.2019 Print Name and Title of Authlorizied J 44070WO'53 Representative h, Witnessed of Owner signature Date by Notary Public required Page 115 of 697 6.C. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-168-Amend the FY 2018-2019 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital I mprovement Fund (302) as it relates to a I LA with the CRA that was previously approved. EXPLANATION OF REQUEST: On October 2, 2018, the City Commission accepted from the CRA Interlocal Agreement for $600,000, via Resolution 18-143, to fund the Sara Sims Park Improvement Project(RP1820). To use these funds for the project— • The Capital I mprovement Fund will be amended for Fund 302 from 8,003,310 to will increase from 8,603,310. This agenda item also proposes to approve a Resolution to amend and appropriate budget, related to funds received from the CRA for Fund 302: Capital Improvement Fund. On October 2, 2018, the City Commission accepted $600,000 from the CRA, via Resolution 18-143, to fund the Sara Sims Park Improvement Project (RP1820). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The City would continue to follow good and appropriate budgeting practices. FISCAL IMPACT: Budgeted See Exhibit A for a summary of the fiscal impact. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 116 of 697 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution 302 ILA CRA D Exhibit Exhibit A Page 117 of 697 I RESOLUTION R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING THE ADOPTED BUDGET FOR 5 VARIOUS FUNDS FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2018, AND ENDING 7 SEPTEMBER 30, 2019; PROVIDING FOR 8 SEVERABILITY, CONFLICTS, AND AN EFFECTIVE 9 DATE. 10 11 WHEREAS, a final budget was approved by the City Commission on September 20, 12 2018, for the fiscal year 2018-2019; and 13 WHEREAS, the City Manager is recommending amending the amount necessary to 14 be appropriated for fiscal year 2018-2019 for various funds (see Exhibit A). 15 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 16 THE CITY OF BOYNTON BEACH, FLORIDA: 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. Hereby amending the appropriated FY 2018-2019 budget for the 21 General Government Capital Improvement Fund from $8,003,310 to $8,603,310. 22 Section 3. A copy of such amendment and/or adjustment is attached hereto as 23 Exhibit "A" and the appropriations set out therein for the fiscal year beginning October 1, 24 2018 and ending September 30, 2019, to maintain and carry on the government of the City 25 of Boynton Beach. 26 Section 4. That there is hereby appropriated revised amounts to various funds 27 (see Exhibit A)pursuant to the terms of the budget. 28 Section 5. All Resolutions or parts of Resolutions in conflict herewith are hereby 29 repealed to the extent of such conflict. 1 Page 118 of 697 30 31 Section 6. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 20th day of November, 2018. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 37 Mayor— Steven Grant 38 39 Vice Mayor— Christina Romelus 40 41 Commissioner—Mack McCray 42 43 Commissioner—Justin Katz 44 45 Commissioner— 46 47 48 VOTE 49 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 59 (Corporate Seal) 2 Page 119 of 697 CITY OF BOYNTON BEACH Exhibit A EXPENDITURE&REVENUE AMENDMENTS BUDGET YEAR 2018-19 2018/19 CITY MANAGER 2018/19 ADOPTED Budget Adjustment AMENDED BUDGET Revenue Expenditures BUDGET Capital Protect Improvement Fund 302-0000-369-22-xx CRA INTERLOCAL AGREEMENT 0 600,000 600,000 Adopted Fund Total Revenues 8,003,310 600,000 8,603,310 302-4218-572-63.05 IMPVTS OTHER THAN BLDGS./PARKS IMPROVEMENTS - 600,000 600,000 Adopted Fund Total Expenses 8,003,310 600,000 8,603,310 Page 120 of 697 6.D. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-169-Authorize the Mayor to accept the Department of Justice FY 2018 Justice Assistance Grant(JAG) (2018-DJ-BX-0424) and to sign any required documents associated with the grant, subject to the approval of the City Attorney. EXPLANATION OF REQUEST: Grant Agreement Period: October 1, 2018 - September 30, 2021 The Boynton Beach Police Department was awarded $33,744 (2018-DJ-BX-0424) through the Department of Justice FY 2018 Justice Assistance Grant - local solicitation. The funds have been allocated towards analytical software/training for the project. The project period to utilize the funds is 10/01/2018- 09/30/2021 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The Boynton Beach Police Department will use the Department of Justice grant to purchase software to collect and analyze information in an effort to reduce crime. FISCAL IMPACT: Non-budgeted By accepting this award, the Boynton Beach Police Department will receive $33,744. to improve our operations and better serve the community. ALTERNATIVES: Do not accept the award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Yes Grant Amount: 33,744.00 Page 121 of 697 ATTACHMENTS: Type Description D Resolution Resolution approving award of JAG Grant D Agreement 2018 JAG Award D Other CEO Certification 2018 D Other CLO Certification 2018 Page 122 of 697 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE MAYOR TO ACCEPT 5 THE DEPARTMENT OF JUSTICE FISCAL YEAR 2018 6 JUSTICE ASSISTANCE GRANT (JAG) (2018-DJ-BX- 7 0424) IN THE AMOUNT OF $33,744.00 AND TO SIGN 8 ANY REQUIRED DOCUMENTS ASSOCIATED WITH 9 THE GRANT ACCEPTANCE, SUBJECT TO APPROVAL 10 BY THE CITY ATTORNEY; AND PROVIDING AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, the City of Boynton Beach Police Department has been awarded 15 $33,744.00 in grant funding for the Department of Justice fiscal year 2018 Justice Assistance 16 Grant (JAG) (2018-DJ-BX-0424); and 17 WHEREAS, the grant funding will be used to purchase software to collect and analyze 18 information to reduce crime; and 19 WHEREAS,upon recommendation of staff, the City Commission has determined that 20 it is in the best interests of the residents of the City to authorize the Mayor to sign all documents 21 associated with acceptance of the Department of Justice fiscal year 2018 Justice Assistance 22 Grant (JAG) (2018-DJ-BX-0424)in the amount of$33,744.00 for the purchase of software to 23 collect and analyze information to reduce crime. 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 does hereby 30 authorize the Mayor accept and to sign all documents associated with the Department of Justice S:\CA\RESO\Agreements\Grants\DOJ JAG Grant 2018-Reso.docx Page 123 of 697 31 fiscal year 2018 Justice Assistance Grant (JAG) (2018-DJ-BX-0424) in the amount of 32 $33,744.00 for the purchase of software to collect and analyze information to reduce crime, a 33 copy of which is attached hereto as Exhibit"A". 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this day of , 2018. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Vice Mayor— Christina L. Romelus 43 44 Commissioner—Mack McCray 45 46 Commissioner—Justin Katz 47 48 Commissioner— 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Judith A. Pyle, CMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 64 S:\CA\RESO\Agreements\Grants\DOJ JAG Grant 2018-Reso.docx Page 124 of 697 U.S.Department of Justice Office of Justice Programs q ` Bureau of Justice Assistance PAGE 1 of 22 Grant y 1.RECIPIENT NAME AND ADDRESS(Including Zip Code) '4.AWARD NUMBER: 2018-DJ-BX-0424 j ._—___ ........_ ......_ ........._._ City of Boynton Beach � 100 East Boynton Beach Blvd. 5.PROJECT PERIOD:FROM 10/01/2017 TO 09/30/2021 Boynton Beach,FL 33425-0310 BUDGET PERIOD:FROM 10/01/2017 TO 09/30/2021 ....... ------.____. .........—._ ,, 6.AWARD DATE 10/01/2018 7.ACTION ......... 2a.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 596000282 _ 00 2b.GRANTEE DUNS NO. ,..-. _ ...___.. 9.PREVIOUS AWARD AMOUNT 072247133 $0 — .. _ -- — _ .... 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $33,744 Analytical software/training for Real Time Crime Center l 11.TOTAL AWARD $33,744 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). _.. — .....__ _ .. -- — 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FYI8(BJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10101-10726),including subpart I of part E(codified at 34 U S.C.10151-10158);see also 28 U.S.C.530C(a) 14 CATALOG OF DOMESTIC FEDERAL ASSISTANCE(CFDA Number) 16.738-Edward Byme Memorial Justice Assistance Grant Program ........----- ..._....._ .... ........--- .._._...... _...... ..:� .. .... _.....--------- ..— -..__.., ....._ 15.METHOD OF PAYMENT GPRS — AGENCY APPROVAL GRANTEE ACCEPTANCE — 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Matt Dummermuth Steven Grant Principal Deputy Assistant Attorney General Mayor 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE ... ....._._.....— --._. _....... ........_— 1----_ —_ - -_.....----- -- AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. TDJUGTl 127 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. PDMS AMOUNT X B DJ 80 00 00 33744 i OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) Page 125 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION 4 a Bureau of Justice Assistance SHEET PAGE 2 OF 22 Grant i PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 1. Requirements of the award;remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements--whether a condition set out in full below,a condition incorporated by reference below,or a certification or assurance related to conduct during the award period may result in the Office of Justice Programs("OJP")taking appropriate action with respect to the recipient and the award. Among other things,the OJP may withhold award funds,disallow costs,or suspend or terminate the award. The Department of Justice("DOJ"),including OJP,also may take other legal action as appropriate. Any materially false,fictitious,or fraudulent statement to the federal government related to this award(or concealment or omission of a material fact)may be the subject of criminal prosecution(including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273),and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms,that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held,instead,that the provision is utterly invalid or-unenforceable,such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements,Cost Principles,and Audit Requirements in 2 C.F.R.Part 200,as adopted and supplemented by DOJ in 2 C.F.R.Part 2800(together,the"Part 200 Uniform Requirements")apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26,2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number(e.g.,funds awarded during or before December 2014),the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date,and regardless of whether derived from the initial award or a supplemental award)that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"),see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient(and any subrecipient("subgrantee")at any tier)must retain--typically for a period of 3 years from the date of submission of the final expenditure report(SF 425),unless a different retention period applies--and to which the recipient(and any subrecipient("subgrantee")at any tier)must provide access,include performance measurement information,in addition to the financial records, supporting documents,statistical records,and other pertinent records indicated at 2 C.F.R.200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with,or differ in some way from,the provisions of the Part 200 Uniform Requirements,the recipient is to contact OJP promptly for clarification. i i I OJP FORM 4000/2(REV 4-88) Page 126 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 3 OF 22 r Grant PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS i 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently,the"DOJ Grants Financial Guide"available at https://ojp.gov/financialguide/DOJ/index.btm),including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1,2017,various statutory provisions previously codified elsewhere in the U.S.Code were editorially reclassified to a new Title 34,entitled"Crime Control and Law Enforcement."The reclassification encompassed a number of statutory provisions pertinent to OJP awards(that is,ON grants and cooperative agreements),including many provisions previously codified in Title 42 of the U.S.Code. Effective as of September 1,2017,any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S.Code is to be read as a reference to that statutory provision as reclassified to Title 34.This rule of construction specifically includes references set out in award conditions,references set out in material incorporated by reference through award conditions,and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact i Both the Point of Contact(POC)and all Financial Points of Contact(FPOCs)for this award must have successfully completed an"OJP financial management and grant administration training"by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1,2016,will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance,the new POC or FPOC must have successfully completed an"OJP financial management and grant administration training"by 120 calendar days after--(1)the date of OJP's approval of the"Change Grantee Contact"GAN(in the case of a new POC),or(2)the date the POC enters information on the new FPOC in GMS(in the case of a new FPOC). Successful completion of such a training on or after January 1,2016,will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training"for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold("freeze")award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to"de minimis"indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the"de minimis" indirect cost rate described in 2 C.F.R.200.414(f),and that elects to use the"de minimis"indirect cost rate,must advise OJP in writing of both its eligibility and its election,and must comply with all associated requirements in the Part 200 Uniform Requirements. The"de minimis"rate may be applied only to modified total direct costs(MTDC)as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2(REV.4-88) Page 127 of 697 ............. ........... "d U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 4 OF 22 Grant . ........... ................. ......... PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 ............. ................ ............ SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds,or if the recipient receives any other award of federal funds during the period of performance for this award,the recipient promptly must determine whether funds from any of those other federal awards have been,are being,or are to be used(in whole or in part)for one or more of the identical cost items for which funds are provided under this award. If so,the recipient must promptly notify the DOJ awarding agency(OJP or OVW,as appropriate)in writing of the potential duplication,and,if so requested by the DOJ awarding agency,must seek a budget-modification or change-of-project-scope grant adjustment notice(GAN)to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management(SAM), currently accessible at https://www.sain.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards("subgrants")to first-tier subrecipients (first-tier"subgrantees"),including restrictions on subawards to entities that do not acquire and provide(to the recipient)the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at bttps://ojp.gov/fLmding/Explore/SAM.htm(Award condition: System for Award Management(SAM)and Universal Identifier Requirements),and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Requirement to report actual or imminent breach of personally identifiable information(PII) The recipient(and any"subrecipient"at any tier)must have written procedures in place to respond in the event of an actual or imminent"breach"(OMB M-17-12)if it(or a subrecipient)--1)creates,collects,uses,processes,stores, maintains,disseminates,discloses,or disposes of"personally identifiable information(1`11)"(2 CFR 200.79)within the scope of an OJP grant-funded program or activity,or 2)uses or operates a"Federal information system"(OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of Pll to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach,or the detection of an imminent breach. 10. All subawards("subgrants")must have specific federal authorization The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a"subaward"(and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https:Hojp.gov/funding/Explore/SubawardAuthorization.htm(Award condition: All subawards("subgrants")must have specific federal authorization),and are incorporated by reference here. .............. OJP FORM 4000/2(REV.4-88) Page 128 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 5 OF 22 Grant j _..... PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS It. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed$150,000 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold(currently,$150,000). This condition applies to agreements that--for purposes of federal grants administrative requirements--OJP considers a procurement"contract"(and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed$150,000)),and are incorporated by reference here. i 12. Requirements pertaining to prohibited conduct related to trafficking in persons(including reporting requirements and OJP authority to terminate award) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements(including requirements to report allegations)pertaining to prohibited conduct related to the trafficking of persons,whether on the part of recipients,subrecipients("subgrantees"),or individuals defined(for purposes of this condition)as"employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm(Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons(including reporting requirements and OJP authority to terminate award)),and are incorporated by reference here. 13. Compliance with applicable rules regarding approval,planning,and reporting of conferences,meetings,trainings,and other events The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable laws,regulations, policies,and official DOJ guidance(including specific cost limits,prior approval and reporting requirements,where applicable)governing the use of federal funds for expenses related to conferences(as that term is defined by DOJ), including the provision of food and/or beverages at such conferences,and costs of attendance at such conferences. I Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide(currently,as section 3.10 of"Postaward Requirements"in the"DOJ Grants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner(including within the timeframes)specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,and other applicable laws. 15. OJP Training Guiding Principles I Any training or training materials that the recipient--or any subrecipient("subgrantee")at any tier--develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, j available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2(REV.4-88) Page 129 of 697 U.S.Department of Justice r * Office of Justice Programs AWA CONTINUATION Bureau of Justice Assistance SHEET PACE 6 OF 22 Grant PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 16. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency(OJP or OVW,as appropriate)may withhold award funds,or may impose other related requirements,if(as determined by the DOJ awarding agency)the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements(or by the terms of this award),or other outstanding issues that arise in connection with audits, investigations,or reviews of DOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW,as appropriate)during the period of performance for this award,if the recipient is designated as"high- risk"for purposes of the DOJ high-risk grantee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 42 I The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 42,specifically including any applicable requirements in Subpart E of 28 C.F.R.Part 42 that relate to an equal employment opportunity program. 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 54 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 54,which relates to nondiscrimination on the basis of sex in certain"education programs." 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination-28 C.F.R.Part 38 The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable requirements of 28 C.F.R.Part 38,specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things,28 C.F.R.Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion,a religious belief,a refusal to hold a religious belief,or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient("subgrantee")organizations that engage in or conduct explicitly religious activities,as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. i The text of the regulation,now entitled"Partnerships with Faith-Based and Other Neighborhood Organizations,"is available via the Electronic Code of Federal Regulations(currently accessible at https://www.ecfr.gov/cgi- bin/ECFR?page=browse),by browsing to Title 28-Judicial Administration,Chapter 1,Part 38,under a-CFR"current" data. I I I OJP FORM 4000/2(REV.4-88) Page 130 of 697 ................. .......... ..... ........ U.S.Department of Justice Office of Justice Programs I AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 7 OF 22 Grant .......... ..... ........... - —------......... .... ............................. ............ ........ PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 .......... ........ .. . .. ................................. .... ... ....... SPECIAL CONDITIONS 21. Restrictions on"lobbying" In general,as a matter of federal law,federal funds awarded by OJP may not be used by the recipient,or any subrecipient("subgrantee")at any tier,either directly or indirectly,to support or oppose the enactment,repeal, modification,or adoption of any law,regulation,or policy,at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient,or any subrecipient at any tier,to pay any person to influence(or attempt to influence)a federal agency,a Member of Congress,or Congress(or an official or employee of any of them)with respect to the awarding of a federal grant or cooperative agreement,subgrant,contract,subcontract,or loan,or with respect to actions such as renewing,extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply,including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient(or subrecipient)would or might fall within the scope of these prohibitions,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 22. Compliance with general appropriations-law restrictions on the use of federal funds(FY 2018) The recipient,and any subrecipient("subgrantee")at any tier,must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes.Pertinent restrictions,including from various"general provisions"in the Consolidated Appropriations Act,2018,are set out at https://ojp.gov/funding/Explore/FY18AppropriationsRestiictions.htm,and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient(or a subrecipient)would or might fall within the scope of an appropriations-law restriction,the recipient is to contact OJP for guidance,and may not proceed without the express prior written approval of OJP. 23. Reporting Potential Fraud,Waste,and Abuse,and Similar Misconduct The recipient and any subrecipients("subgrantees")must promptly refer to the DOJ Office of the Inspector General (OIG)any credible evidence that a principal,employee,agent,subrecipient,contractor,subcontractor,or other person has,in connection with funds under this award--(1)submitted a claim that violates the False Claims Act;or(2) committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct. Potential fraud,waste,abuse,or misconduct involving or relating to funds under this award should be reported to the OIG by--(1)mail directed to:Office of the Inspector General,U.S.Department of Justice,Investigations Division, 1425 New York Avenue,N.W.Suite 7100,Washington,DC 20530;and/or(2)the DOJ OIG hotline:(contact information in English and Spanish)at(800)869-4499(phone)or(202)616-9881(fax). Additional information is available from the DOJ OIG website at https://oigjustice.gov/hotline. OJP FORM 4000/2(REV 4-88) Page 131 of 697 i U.S.Department of Justice Office of justice Programs AWARD CONTINUATION �1 Bureau of Justice Assistance SHEET PAGE a of 22 Grant PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 _....._ SPECIAL CONDITIONS 24. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient("subgrantee")under this award,or entity that receives a procurement contract or subcontract with any funds under this award,may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts,or purports to prohibit or restrict,the reporting(in accordance with law)of waste,fraud,or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended,and shall not be understood by the agency making this award,to contravene requirements applicable to Standard Form 312(which relates to classified information),Form 4414(which relates to sensitive compartmented information),or any other form issued by a federal department or agency governing the nondisclosure of classified information. i 1. In accepting this award,the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste,fraud,or abuse as described above;and b. certifies that,if it teams or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud, or abuse as described above,it will immediately stop any further obligations of award funds,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards("subgrants"),procurement contracts,or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward("subgrant"),procurement contract,or subcontract under a procurement contract)either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict(or purport to prohibit or restrict)employees or contractors from reporting waste, fraud,or abuse as described above;and (2) it has made appropriate inquiry,or otherwise has an adequate factual basis,to support this representation;and b. it certifies that,if it learns or is notified that any subrecipient,contractor,or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict(or purport to prohibit or restrict),reporting of waste,fraud,or abuse as described above,it will immediately stop any further obligations of award funds to or by that entity,will provide prompt written notification to the federal agency making this award,and will resume(or permit resumption of)such obligations only if expressly authorized to do so by that agency. i OJP FORM 4000/2(REV.4-88) Page 132 of 697 U.S.Department of Justice = N Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 9 OF 22 Grant PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 25. Compliance with 41 U.S.C.4712(including prohibitions on reprisal;notice to employees) The recipient(and any subrecipient at any tier)must comply with,and is subject to,all applicable provisions of 41 U.S.C.4712,including all applicable provisions that prohibit,under specified circumstances,discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant,a gross waste of federal funds,an abuse of authority relating to a federal grant,a substantial and specific danger to public health or safety,or a violation of law,rule,or regulation related to a federal grant. The recipient also must inform its employees,in writing(and in the predominant native language of the workforce),of employee rights and remedies under 41 U.S.C.4712. i Should a question arise as to the applicability of the provisions of 41 U.S.C.4712 to this award,the recipient is to contact the DOJ awarding agency(OJP or OV W,as appropriate)for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),DOJ encourages recipients and subrecipients("subgrantees")to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. i 27. Requirement to disclose whether recipient is designated"high risk"by a federal grant-making agency outside of DOJ If the recipient is designated"high risk"by a federal grant-making agency outside of DOJ,currently or at any time during the course of the period of performance under this award,the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance,or other programmatic or financial concerns with the recipient.The recipient's disclosure must include the following: 1.The federal awarding agency that currently designates the recipient high risk,2.The date the recipient was designated high risk,3.The high-risk point of contact at that federal awarding agency(name,phone number,and email address),and 4.The reasons for the high-risk status,as set out by the federal awarding agency. 28. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines,protocols,and procedures,and to cooperate with OJP(including the grant manager for this award and the Office of Chief Financial Officer(OCFO))requests related to such monitoring,including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks,including documentation related to any subawards made under this award. Further,the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards,including,but not limited to:withholdings and/or other restrictions on the recipient's access to award funds;referral to the DOJ OIG for audit review;designation of the recipient as a DOJ High Risk grantee;or termination of an award(s). i OJP FORM 4000/2(REV.4-88) Page 133 of 697 __ ....... U.S.Department of Justice , Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 10 OF 22 Grant i --— ___ _- PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 29. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards("sub rants")of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients(first-tier"subgrantees")of award funds. The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,including its reporting requirement,does not apply to--(1)an award of less than$25,000,or(2)an award made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes,regulations,award conditions,and the DOJ Grants Financial Guide,and must include the applicable conditions of this award in any j subaward.Among other things,the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients.The recipient agrees to submit,upon request,documentation of its policies and procedures for monitoring of subawards under this award. I i 31. Use of program income Program income(as defined in the Part 200 Uniform Requirements)must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report,SF 425. 32. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative(Global)guidelines.The recipient(and any subrecipient at any tier)must conform to the Global Standards Package(GSP)and all constituent elements,where applicable,as described at:https://it.ojp.gov/gsp_grantcondition. The recipient(and any subrecipient at any tier)must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information,or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement inform aeion sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 34. Compliance with 28 C.F.R.Part 23 With respect to any information technology system funded or supported by funds under this award,the recipient(and any subrecipient at any tier)must comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable.Should OJP determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation.Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 34 U.S.C.10231(c)-(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2(REV.4-88) Page 134 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 1 I OF 22 Grant PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 _... ...... SPECIAL CONDITIONS 35. Protection of human research subjects The recipient(and any subrecipient at any tier)must comply with the requirements of 28 C.F.R.Part 46 and all OJP policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 36. Confidentiality of data The recipient(and any subrecipient at any tier)must comply with all confidentiality requirements of 34 U.S.C.10231 and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.The recipient further agrees,as a condition of award approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular,28 C.F.R.22.23. 37. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. 38. Law enforcement task forces-required training i Within 120 days of award acceptance,each current member of a law enforcement task force funded with award funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank, must complete required online(intemet-based)task force training.Additionally,all future task force members must complete this training once during the period of performance for this award,or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership(www.ctfli.org).The training addresses task force effectiveness,as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability.If award funds are used to support a task force,the recipient must compile and maintain a task force personnel roster,along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of$650 per day.A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP FORM 4000/2(REV.4-88) Page 135 of 697 A. U.S.Department of Justice t` v Office of Justice Programs AWARD CONTINUATION r° Bureau of Justice Assistance SHEET PAGE 12 DP 22 Grant ...... PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 40. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks--including 18 U.S.C.922 and 34 U.S.C.ch.409--if the recipient(or any subrecipient at any tier)uses this award to fund(in whole or in part)a specific project or program(such as a law enforcement,prosecution,or court program)that results in any court dispositions, information,or other records that are"eligible records"(under federal or State law)relevant to the National Instant Background Check System(MICS),or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the NICE,the recipient(or subrecipient,if applicable)must ensure that all such court dispositions,information,or other records that are"eligible records"(under federal or State law)relevant to the MICS are promptly made available to the NICS or to the"State"repository/database that is electronically available to(and accessed by)the NICS,and--when appropriate--promptly must update,correct,modify,or remove such NILS- relevant"eligible records". In the event of minor and transitory non-compliance,the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition(including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41. Certification of Compliance with 8 U.S.C. 1373 and 1644(within the funded"program or activity")required for valid award acceptance by a local government In order validly to accept this award,the applicant local government must submit the required"State or Local Government:FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644"(executed by the chief legal officer of the local government). Unless that executed certification either--(1)is submitted to OR together with the fully- executed award document,or(2)is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP,any submission by a local government that purports to accept the award is invalid. If an initial award-acceptance submission by the recipient is invalid,once the local government does submit the necessary certification regarding 8 U.S.C.1373 and 1644,it may submit a fully-executed award document executed by the local government on or after the date of that certification. For purposes of this condition,"local government"does not include any Indian tribe. i i i i i i OJP FORM 4000/2(REV.4-88) Page 136 of 697 U.S.Department of Justice Office of Justice Programs 1 AWARD CONTINUATION 8 Bureau of Justice Assistance SHEET PACE 13 of 22 y. Grant — _ PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 42. Noninterference(within the funded"program or activity")with federal law enforcement:8 U.S.C. 1373 and 1644; ongoing compliance 1.With respect to the"program or activity"funded in whole or part under this award(including any such program or activity of any subrecipient at any tier),throughout the period of performance,no State or local government entity,- agency,or-official may prohibit or in any way restrict--(1)any government entity or-official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a);or(2)a government entity or-agency from sending,requesting or receiving,maintaining,or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b)or 1644.Any prohibition(or restriction)that violates this condition is an "information-communication restriction"under this award. 2.Certifications from subrecipients.The recipient may not make a subaward to a State,a local government,or a "public"institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or educational institution that would receive the subaward,using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC 1373.htm. Also,the recipient must require that no subrecipient(at any tier)may make a further subaward to a State,a local government,or a public institution of higher education,unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644,properly executed by the chief legal officer of the government or institution that would receive the further subaward,using the appropriate OJP form. 3.The recipient's monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4.Allowable costs.Compliance with these requirements is an authorized and priority purpose of this award.To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)that the recipient,or any subrecipient at any tier that is a State,a local government,or a public institution of higher education,incurs to implement this condition. 5.Rules of Construction A.For purposes of this condition: (1)"State"and"local government"include any agency or other entity thereof,but not any institution of higher education or any Indian tribe. (2)A"public"institution of higher education is defined as one that is owned,controlled,or directly funded(in whole or in substantial part)by a State or local government.(Such a public institution is considered to be a"government entity," and its officials to be"government officials.") (3)"Program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.2000d-4a). (4)"Immigration status"means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644;and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101,except that"State"also includes American Samoa. (5)Pursuant to the provisions set out at(or referenced in)8 U.S.C. 1551 note("Abolition...and Transfer of Functions"),references to the"Immigration and Naturalization Service"in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security(DHS). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any State or local government,any public institution of higher education,or any other entity(or individual)to violate any federal law,including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE:Any questions about the meaning or scope of this condition should be directed to OJP,before ON FORM 4000/2(REV.4-88) Page 137 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 14 OF 22 Grant PROJECT NUMBER 2018-DI-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS award acceptance. 43. Authority to obligate award funds contingent on noninterference(within the funded"program or activity")with federal law enforcement(8 U.S.C. 1373 and 1644);unallowable costs;notification 1.If the recipient is a"State,"a local government,or a"public"institution of higher education: A.The recipient may not obligate award funds if,at the time of the obligation,the"program or activity"of the recipient (or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that is funded in whole or in part with award funds is subject to any"information-communication restriction." B.In addition,with respect to any project costs it incurs"at risk,"the recipient may not obligate award funds to reimburse itself if--at the time it incurs such costs--the program or activity of the recipient(or of any subrecipient at any tier that is a State,a local government,or a public institution of higher education)that would be reimbursed in whole or in part with award funds was subject to any information-communication restriction. C.Any drawdown of award funds by the recipient shall be considered,for all purposes,to be a material representation by the recipient to OJP that,as of the date the recipient requests the drawdown,the recipient and each subrecipient (regardless of tier)that is a State,local government,or public institution of higher education,is in compliance with the award condition entitled"Noninterference(within the funded'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance." D.The recipient must promptly notify OJ?(in writing)if the recipient,from its requisite monitoring of compliance with award conditions or otherwise,has credible evidence that indicates that the funded program or activity of the recipient,or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education,may be subject to any information-communication restriction.In addition,any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must require prompt notification to the entity that made the subaward,should the subrecipient have such credible evidence regarding an information-communication restriction. I 2.Any subaward(at any tier)to a subrecipient that is a State,a local government,or a public institution of higher education must provide that the subrecipient may not obligate award funds if,at the time of the obligation,the program or activity of the subrecipient(or of any further such subrecipient at any tier)that is funded in whole or in part with award funds is subject to any information-communication restriction. 3.Absent an express written determination by DOJ to the contrary,based upon a finding by DOJ of compelling circumstances(e.g.,a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance,which was unknown to the recipient despite diligent monitoring),any obligations of award funds that,under this condition,may not be made shall be unallowable costs for purposes of this award.In making any such determination,DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the"Noninterference...8 U.S.C. 1373 and 1644 and ongoing compliance"award condition. i 4.Rules of Construction I A.For purposes of this condition"information-communication restriction"has the meaning set out in the "Noninterference...8 U.S.C. 1373 and 1644 and ongoing compliance"condition. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference...8 U.S.C.1373 and 1644 and ongoing compliance"condition are incorporated by reference as though set forth here in full. OJ?FORM 4000/2(REV 4-88) Page 138 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE ]s of 22 Grant i PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 44. Noninterference(within the funded"program or activity")with federal law enforcement:No public disclosure of certain law enforcement sensitive information SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subaward(at any tier). 1.Noninterference:No public disclosure of federal law enforcement information in order to conceal,harbor,or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law(including 8 U.S.C. 1324 and 18 U.S.C.chs. 1,49,227),no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal,harbor,or shield from detection any fugitive from justice under 18 U.S.C.ch.49,or any alien who has come to,entered,or remains in the United States in violation of 8 U.S.C.ch. 12-- without regard to whether such disclosure would constitute(or could form a predicate for)a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). i 2.Monitoring i The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition-- (1)the term"alien"means what it means under section 101 of the Immigration and Nationality Act(see 8 U.S.C. 1101(a)(3)); (2)the term"federal law enforcement information"means law enforcement sensitive information communicated or made available,by the federal government,to a State or local goverment entity,-agency,or-official,through any means,including,without limitation--(1)through any database,(2)in connection with any law enforcement partnership or-task-force,(3)in connection with any request for law enforcement assistance or-cooperation,or(4) through any deconfliction(or courtesy)notice of planned,imminent,commencing,continuing,or impending federal law enforcement activity; (3)the term"law enforcement sensitive information"means records or information compiled for any law enforcement purpose;and I j (4)the term"public disclosure"means any communication or release other than one--(a)within the recipient,or(b)to any subrecipient(at any tier)that is a government entity. B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full. i OJP FORM 4000/2(REV.4-88) Page 139 of 697 U.S.Department of Justice y, Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 16 OF 22 Grant PROJECT NUMBER 2018-DJ-13X-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 45. Noninterference(within the funded"program or activity")with federal law enforcement:Interrogation of certain aliens i SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by this award,as of the date the recipient accepts this award,and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward(at any tier). 1.Noninterference with statutory law enforcement access to correctional facilities I Consonant with federal law enforcement statutes and regulations--including 8 U.S.C. 1357(x),under which certain federal officers and employees"have power without warrant...to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States,"and 8 C.F.R.287.5(a),under which that power may be exercised "anywhere in or outside the United States"--within the funded program or activity,no State or local government entity,-agency,or-official may interfere with the exercise of that power to interrogate"without warrant"(by agents of j the United States acting under color of federal law)by impeding access to any State or local government(or j government-contracted)correctional facility by such agents for the purpose"interrogat[ing]any alien or person believed to be an alien as to his[or her]right to be or to remain in the United States." 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. i 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction A.For purposes of this condition: (1)The term"alien"means what it means under section 101 of the Immigration and Nationality Act(INA)(see 8 U.S.C. 1101(a)(3)). (2)The term"correctional facility"means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 34 U.S.C.10251(a)(7)). (3)The term"impede"includes taking or continuing any action,or implementing or maintaining any law,policy,rule, or practice,that-- (a)is designed to prevent or to significantly delay or complicate,or (b)has the effect of preventing or of significantly delaying or complicating. i B.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity')with federal law enforcement:8 U.S.C.1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full. i _ ......_ _ OJP FORM 4000/2(REV 4-88) Page 140 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PACE 17 OF 22 Grant PROJECT WMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 46. Noninterference(within the funded"program or activity")with federal law enforcement:Notice of scheduled release SCOPE.This condition applies with respect to the"program or activity"that is funded(in whole or in part)by the award,as of the date the recipient accepts the award,and throughout the remainder of the period of performance.Its provisions must be among those included in any subaward at any tier. 1.Noninterference with"removal"process:Notice of scheduled release date and time Consonant with federal law enforcement statutes--including 8 U.S.C. 1231(for an alien incarcerated by a State or local government,a 90-day"removal period"during which the federal government"shall"detain and then"shall" remove an alien from the U.S."begins"no later than"the date the alien is released from...confinement";also,the federal government is expressly authorized to make payments to a"State or a political subdivision of the State...with respect to the incarceration of[an]undocumented criminal alien");8 U.S.C. 1226(the federal government"shall take into custody"certain criminal aliens"when the alien is released");and 8 U.S.C. 1366(requiring an annual DOJ report to Congress on"the number of illegal alien[felons]in Federal and State prisons"and programs underway"to ensure the prompt removal"from the U.S.of removable"criminal aliens")--within the funded program or activity,no State or local government entity,-agency,or-official(including a government-contracted correctional facility)may interfere with the"removal"process by failing to provide--as early as practicable(see para.4.C.below)--advance notice to DHS of the scheduled release date and time for a particular alien,if a State or local government(or government- contracted)correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2.Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3.Allowable costs To the extent that such costs are not reimbursed under any other federal program,award funds may be obligated for the reasonable,necessary,and allocable costs(if any)of actions(e.g.,training)designed to ensure compliance with this condition. 4.Rules of construction i A.For purposes of this condition: (1)The term"alien"means what it means under section 101 of the INA(see 8 U.S.C. I101(a)(3)). 2 The term"correctional facility"ty"means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968(see 34 U.S.C. 10251(a)(7)). B.Nothing in this condition shall be understood to authorize or require any recipient,any subrecipient at any tier,any j State or local government,or any other entity or individual to maintain(or detain)any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1)Current DHS practice is ordinarily to request advance notice of scheduled release"as early as practicable(at least 48 hours,if possible)."(See DHS Form I-247A(3/17)).If(e.g.,in light of the date DHS made such request)the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested,it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2)Current DHS practice is to use the same form for a second,distinct purpose--to request that an individual be OJP FORM 4000/2(REV.4-88) Page 141 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 18 OF 22 Grant ........... PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 ----------- ------...... .... .... . .................. SPECIAL CONDITIONS detained for up to 48 hours AFTER the scheduled release.This condition does NOT encompass such DHS requests for detention. D.Both the"Rules of Construction"and the"Important Note"set out in the"Noninterference(within the funded 'program or activity')with federal law enforcement:8 U.S.C. 1373 and 1644 and ongoing compliance"award condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State,a local government,or a"public"institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement(ICE)."All subrecipient responses must be collected and maintained by the recipient,consistent with regular document retention requirements,and must be made available to DOJ upon request.Responses to these i questions are not required from subrecipients that are either a tribal government/organization,a nonprofit organization, or a private institution of higher education. ................. ........... OJP FORM 4000/2(REV 4-88) Page 142 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 19 OF 22 Grant .......— PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes Upon request,the recipient(and any subrecipient at any tier)must assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these award funds,either directly by the recipient or by a subrecipient. Accordingly,the recipient agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes.If it is determined that any of the following activities will be funded by the award,the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below,whether or not they are being specifically funded with these award funds.That is,as long as the activity is being conducted by the recipient,a subrecipient,or any third party,and the activity needs to be undertaken in order to use these award funds,this condition must first be met.The activities covered by this condition are: a.New construction; b.Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c.A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d.Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e.Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. i j The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA.The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at https:/Ibja.gov/Funding/nepa.htmi,for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients'existing programs or activities that will be funded by these award funds,the recipient,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 49. Establishment of trust fund If award funds are being drawn down in advance,the recipient(or a subrecipient,with respect to a subaward)is required to establish a trust fund account.Recipients(and subrecipients)must maintain advance payments of federal awards in interest-bearing accounts,unless regulatory exclusions apply(2 C.F.R.200.305(b)(8)).The trust fund, including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate the award funds in the trust fund(including any interest earned)during the period of performance for the award and expend within 90 days thereafter.Any unobligated or unexpended funds,including interest earned,must be returned to OJP at the time of closeout. i OJP FORM 4000/2(REV.4-88) Page 143 of 697 .................... .................... ..... .... ....... U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 20 OF 22 Grant ...... ............ ..... - ----- ....................... PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL_ CONDITIONS _ ---- 50. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50%match for purposes of the DOJ Bulletproof Vest Partnership(BVP)program. 51. Certification of body armor"mandatory wear"policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased With funds from this award have a written"mandatory wear"policy in effect.The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab- resistant body armor purchases.This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor.There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body armor-compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with JAG award funds may be purchased at any threat level,make or model,from any distributor or manufacturer,as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List(https://nij.gov/topics/technologyibody-annor/Pages/compliant-ballistic-an-nor.aspx).In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted,as set forth in 34 U.S.C. 10202(c)(1)(A).The latest NIJ standard information can be found here:https:/ nij.gov/ topics/technology/body-armor/pages/safety-initiative.aspx. 53. Body armor-impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership(BVP)program,a separate program operated by BJA,pursuant to the BVP statute at 34 USC 10531(c)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports(SF-425)and semi-annual performance reports through OJP's GMS(https://grants.ojp.usdoj.gov).Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA)and the GPRA Modernization Act of 2010,the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Too)(PMT)website(www.bjaperformancetools.org).For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage.Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force,racial and ethnic bias,de- escalation of conflict,and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute,unless,as set forth at 34 U.S.C. 10152,the BIA Director certifies that extraordinary and exigent circumstances exist,making such expenditures essential to the maintenance of public safety and good order. .. .. ...... .................................... .................. ........... —–---- OJP FORM 4000/2(REV.4-88) Page 144 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 21 OF 22 Grant PROJECTNUMBER 2018-DJ-BX-0424 AWARD DATE 10/0U2018 -------___- ....... .......... ...... ...................... SPECIAL CONDITIONS 57. Authorization to obligate(federal)award funds to reimburse certain project costs incur-red on or after October 1,2017 The recipient may obligate(federal)award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award(October 1,2017),however,the recipient may choose to incur project costs using non-federal funds,but any such project costs are incurred at the recipient's risk until,at a minimum--(1)the recipient makes a valid acceptance of the award,and(2)all applicable withholding conditions are removed by OJP(via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating,expending,or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent(if any)that an award condition expressly precludes reimbursement of project costs incurred"at- risk,"if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice,the recipient is authorized to obligate(federal)award funds to reimburse itself for project costs incurred"at-risk"earlier during the period of performance(such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition),provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient(or any subrecipient at any tier)to use award funds to"supplant"State or local funds in violation of the recipient's certification(executed by the chief executive of the State or local government)that federal funds will be used to increase the amounts of such funds that would,in the absence of federal funds,be made available for law enforcement activities. 58. Use of funds for DNA testing;upload of DNA profiles If award funds are used for DNA testing of evidentiary materials,any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System("CODIS,"the DNA database operated by the FBI)by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 59. Three percent set-aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident-Based Reporting System(NIBRS),unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant,and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set-aside,unless evidence of NIBRS compliance has been submitted to and approved by BJA.Recipients serving as fiscal agents for"disparate jurisdictions,"(as defined at 34 USC 10156(d)(4))have to pass this requirement through to in subawards to other localities in the disparate jurisdiction,so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless,with respect to each locality in the disparate jurisdiction group,evidence of NIBRS compliance has been submitted to and approved by BJA. OJP FORM 4000/2(REV.4-88) Page 145 of 697 U.S.Department of Justice Office of Justice Programs AWARD CONTINUATION Bureau of Justice Assistance SHEET PAGE 22 of 22 Grant _ ---- - PROJECT NUMBER 2018-DJ-BX-0424 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 60. Encouragement of submission of"success stories" BJA strongly encourages the recipient to submit annual(or more frequent)JAG success stories.To submit a success story,sign in to a My BJA account at https://www.bja.gov/Login.aspx to access the Success Story Submission form.If the recipient does not yet have a My BJA account,please register at https://www.bja.gov/profile.aspx.Once registered,one of the available areas on the My BJA page will be"My Success Stories."Within this box,there is an option to add a Success Story.Once reviewed and approved by BJA,all success stories will appear on the BJA Success Story web page at https://www.bja.gov/SuccessStoryList.aspx. 61. Withholding of funds:Required certification from the chief executive of the applicant government The recipient may not obligate,expend,or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government,"properly-executed(as determined by OJP),and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 62. Withholding of funds:NIBRS set-aside The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and BJA reviews and accepts,a budget that clearly dedicates at least 3 percent of the total amount of the award to NIBRS compliance activities or documentation showing that the recipient has been certified as NIBRS compliant,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 63. Withholding of funds: Budget narrative or information The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews and accepts,the required budget information or narrative for the award,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. i 64. Withholding of funds: Program narrative i The recipient may not obligate,expend,or draw down any award funds until the recipient submits,and OJP reviews and accepts,the program narrative for this award,and a Grant Adjustment Notice(GAN)has been issued to remove this condition. 65. Recipient may not obligate,expend or drawdown funds until the Bureau of Justice Assistance,Office of Justice Programs has received and approved the required application attachment(s)and has issued a Grant Adjustment Notice (GAN)releasing this special condition. 66. Withholding-DHS question attachment The recipient may not obligate,expend or draw down funds until the Office of Justice Programs has received and approved the required application attachment(s)described in the program solicitation as"Information regarding Communication with the Department of Homeland Security(DHS)and/or Immigration and Customs Enforcement (ICE),"and has issued a Grant Adjustment Notice(GAN)releasing this special condition. 67. Withholding of funds: Disclosure of lobbying The recipient may not obligate,expend,or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities(SF-LLL)form,and OJP has issued a Grant Adjustment Notice to remove this special condition. OJP FORM 4000/2(REV.4-88) Page 146 of 697 U.S.Department of Justice Office of Justice Programs .: Bureau of Justice Assistance Washington,D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry,NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Boynton Beach The Edward Byrne Memorial Justice Assistance Grant Program(JAG)allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system,some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds,whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly,prior to obligating funds for any of the specified activities,the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a.New construction; b.Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household, recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. Further,for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements,please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document,as it may contain more specific information about environmental compliance. Page 147 of 697 U.S.Department of Justice GRANT MANAGER'S MEMORANDUM,PT.I: Office of Justice Programs PROJECT SUMMARY Bureau of Justice Assistance Grant PROJECT NUMBER PAGE 1 OF I 2018-DJ-BX-0424 This project is supported under FYI 8(BJA-JAG State&JAG Local)Title I of Pub.L.No.90-351(generally codified at 34 U.S.C.10101-10726),including subpart I of part E(codified at 34 U.S.C.10151-10158);see also 28 U.S.C.530C(a) i — -- --— _ ......... 1.STAFF CONTACT(Name&telephone number) 2.PROJECT DIRECTOR(Name,address&telephone number) Tamaro T.White Jaclyn Smith (202)359-4493 Grants Manager 100 E BOYNTON BCH BLVD Boynton Beach,FL 33425-0310 (561)742-6100 ext.6195 3a.TITLE OF THE PROGRAM 3b.POMS CODE(SEE INSTRUCTIONS BJA FY 18 Edward Byme Memorial Justice Assistance Grant(JAG)Program-Local Solicitation ON REVERSE) 4.TITLE OF PROJECT ........._ Analytical software/training for Real Time Crime Center _ .......... — 5.NAME&ADDRESS OF GRANTEE 6.NAME&ADRESS OF SUBGRANTEE City of Boynton Beach 100 East Boynton Beach Blvd, Boynton Beach,FL 33425-0310 7.PROGRAM PERIOD 8.BUDGET PERIOD FROM: 10/01/2017 TO: 09/30/2021 FROM: 10/01/2017 TO: 09/30/2021 I — j......__ ------- 9.AMOUNT OF AWARD 10.DATE OF AWARD $33,744 i 10/01/2018 11.SECOND YEAR'S BUDGET 12.SECOND YEAR'S BUDGET AMOUNT 13.THIRD YEAR'S BUDGET PERIOD 14.THIRD YEAR'S BUDGET AMOUNT -- ........... 15.SUMMARY DESCRIPTION OF PROJECT(See instruction on reverse) The Edward Byme Memorial Justice Assistance Grant Program(JAG)allows states and units of local government,including tribes,to support a broad range of criminal justice related activities based on their own state and local needs and conditions.Grant funds can be used for state and local initiatives,technical assistance, training,personnel,equipment,supplies,contractual support,and information systems for criminal justice,including for any one or more of the following purpose areas:1)law enforcement programs;2)prosecution and court programs;3)prevention and education programs;4)corrections and community corrections programs; 5)drug treatment and enforcement programs;6)planning,evaluation,and technology improvement programs;7)crime victim and witness programs(other than compensation);and 8)mental health programs and related law enforcement and corrections programs,including behavioral programs and crisis intervention teams. OJP FORM 4000/2(REV.4-88) Page 148 of 697 This Local JAG award will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above.Any equipment purchases or funded initiatives such as overtime,task forces,drug programs or information sharing,will be aimed at reducing crime and enhancing public and officer safety. NCA/NCF Page 149 of 697 U.S' DEPARTMENT OFJUSTICE OFFICE OFJUSTICE PROGRAMS Edward Byrne Justice Assistance Grant Program FY 2018 Local Solicitation Certifications and Assurances by the Chief Executive of the AppN0cantGoverninent On behalf of the applicant unit of local government named below, in support of that locality's application for an award under the FY2O18Edward Byrne Justice Aooiabonoa8nont(^JAG^' Pvognam. andfurthartm34U8O'§ 1O1^53(a)' | certify under penalty ofperjury tothe Office ofJustice Programs(^uJP^). U.G. Department cfJustice(^USDOJ ).tha t o|| ofthafnUovnganotrueandon�ect: 1. |amthe chief executive ofthe applicant unit oflocal government named bm|ovv and | have the authority bomake the foUnv�n0representations onmyown behalf and onbehalf ofthe applicant unit`of|000|govannmmnt | understand that these nmpnamenbaUU onav� bmre|iaduponaomotmha| inanyOJP -ecioionhomohaan-awardunder the opp||ooUondmochbadabove,tothe applicant unit oflocal governmanL '� 2. 1 certify that no federal funds made available by the award(if any)that OJP makes based on the application described above will be used to supplant local funda, but will be used to inonasae the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 3. 1 assure that the application described above(and any amendment to that application)was submitted for review bothe governing body ofthe unit oflocal government(m.g.. city council orcounty cmmmiosion) orboan orgon|zaUondesignated bythat governing body, not less than 3Odays before the date mfthis "certification. 4. 1 assure that, before the date of this certification—(a)the application described above(and any amendment to that application)was made public; and(b)an opportunity to comment on that application(or amendment)was provided to citizens and to neighborhood or community-based organizations, to the extent applicable law or established procedure made such anopportunity available. 5. 1 assure that,for each fiscal year of the award(if any)that OJP makes based on the application described above,the applicant unit of local government will maintain and report such data, recordsand information (pnognsmmaUcand finanoim|). 00OJPmay reasonably require. ' G 1 certify that—(a)the programs to be funded by the award(if any)that OJP makes based on the application described above meet all the requirements of the JAG Program statute(34 U.S.C. §§ 1O151-1O158); (b)all the information contained in that application is correct; (c)in connection with that application, there has been appropriate coordination with affected agencies; and(d)in connection with that award(if any),the applicant ntu nit nflocal government will comply with all provisions ofthe JAG Program statute and all other applicable f�deno||mwm. 7. | have examined certification entitled"State orLocal Government: FY3O18CertifinatonofCompliance with 8 U.@.C. §§ 1373& 1G44^executed bythe chief legal o�nerofthe applicant government with respect tothe FY 2018 JAG program and submitted in support of the application described above, and I hereby adopt that certification as my own on behalf of that government. (This provision is not applicable to Indian tribal government applicants.) 8. 1 have examined certification entitled"State or Local Government: FY 2018 Certification Relating to 8 U.S.O. §§ i22G(o)&(o). i231(o)(4). 1357(a). @13G8(1)8(3)^executed bythe chief legal officer cf the applicant government with respect to the FY 2018 JAG program and submitted in support of the application described above, and I hereby adopt that certification as my own on behalf of that government. (This provision is not applicable boIndian tribal government npp|iconby.) |acknowledge that omaterially false,fictitious, nrfraudulent statement(or concealment oromiaoionofemabyria|fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution(including under 18 U.S.C. §§ 10O1and/or 1G21. and/or 34U.8.U.S.C. §§ 10271-10273), and alsomoyoubjeotmemndtheapp|ioontunitcf|oom|gowynnmmnttocivi| peno|Uaoandadministrative nomedimor falseclaims orotherwise(including under 31 U.S.C. §§3728-373Oand§§38O1-3812). | also acknowledge that OJPawards, including certifications provided in connection with such.awards,are subject to review by USDOJ, including by OJP and by the USDOJ Office of the Inspector General. Signature of Chief Executive of the Applicant Unit of Date of Certification Local Government Printed Name . of Chief Executive Title of Chief_----'- P@Qe 150Of697 U.S. DEPARTMENT OF.JUSTICE OFFICE OF JUSTICE PROGRAMS Local Government: FY 2018 Certification of Compliance with 8 U.S.01373 & 1644 On behalf of the applicant government entity named below,and in support of its application, I certify under penalty of perjury to the Office of Justice Programs("OJP"), U.S. Department of Justice("USDOJ"),that all of the following are true and correct: (1) 1 am the chief legal officer of the State or local government of which the applicant entity named below is a part("the jurisdiction"),and I have the authority to make this certification on behalf of the jurisdiction and the applicant entity(that is,the entity applying directly to OJP). I understand that OJP will rely upon this certification as a material representation in any decision to make an award to the applicant entity. (2) 1 have carefully reviewed 8 U.S.C.§§1373(a)&(b),and 1644,including the prohibitions on certain actions by State and local government entities,-agencies,and-officials regarding information on citizenship and immigration status. also have reviewed the provisions set out at(or referenced in)8 U.S.C.§1551 note("Abolition ... and Transfer of Functions"),pursuant to which references to the"Immigration and Naturalization Service"in 8 U.S.C. §§1373&1644 are to be read,as a legal matter,as references to particular components of the U.S.Department of Homeland Security. (3) 1(and also the applicant entity)understand that the U.S. Department of Justice will require States and local governments(and agencies or other entities thereof)to comply with 8 U.S.C. §§1373&1644,with respect to any "program or activity"funded in whole or in part with the federal financial assistance provided through the FY 2018 OJP program under which this certification is being submitted(the"FY 2018 OJP Program"identified below),specifically including any such"program or activity"of a governmental entity or-agency that is a subrecipient(at any tier)of funds under the FY 2018 OJP Program. (4) 1(and also the applicant entity)understand that,for purposes of this certification,"program or activity"means what it means under title VI of the Civil Rights Act of 1964(see 42 U.S.C.§2000d-4a),and that terms used in this certification that are defined in 8 U.S.C.§1101 mean what they mean under that section 1101,except that the term"State"also shall include American Samoa(cf. 34 U.S.C.§10251(a)(2)).Also, I understand that,for purposes of this certification, neither a"public"institution of higher education(i.e.,one that is owned,controlled,or directly funded by a State or local government)nor an Indian tribe is considered a State or local government entity or-agency. (5) 1 have conducted(or caused to be conducted for me)a diligent inquiry and review concerning both— (a) the"program or activity"to be funded(in whole or in part)with the federal financial assistance sought by the applicant entity under this FY 2018 OJP Program;and (b) any prohibitions or restrictions potentially applicable to the"program or activity"sought to be funded under the FY 2018 OJP Program that deal with sending to, requesting or receiving from, maintaining,or exchanging information of the types described in 8 U.S.C. §§1373(a)&(b),and 1644,whether imposed by a State or local government entity,-agency,or-official. (6) As of the date of this certification, neither the jurisdiction nor any entity,agency,or official of the jurisdiction has in effect,purports to have in effect,or is subject to or bound by,any prohibition or any restriction that would apply to the"program or activity"to be funded in whole or in part under the FY 2018 OJP Program(which,for the specific purpose of this paragraph 6,shall not be understood to include any such "program or activity"of any subrecipient at any tier),and that deals with either—(1)a government entity or -official sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C.§§1373(a) &1644;or(2)a government entity or-agency sending to, requesting or receiving from,maintaining,or exchanging information of the types(and with respect to the entities)described in 8 U.S.C.§1373(b). I acknowledge that a materially false,fictitious,or fraudulent statement(or concealment or omission of a material fact)in this certification,or in the application that it supports,may be the subject of criminal prosecution(including under 18 U.S.C. §§ 1001 and/or 1621,and/or 34 U.S.C.§10271-10273),and also may subject me and the applicant entity to civil penalties and administrative remedies for false claims or otherwise(including under 31 U.S.C.§§3729-3730 and§§3801-3812). 1 also acknowledge that OJP awards,including certifications provided in connection with such awards,are subject to review by USDOJ, including by OJP and by the USDOJ Office of the Inspector General. Signature of Chief Legal Officer of the Jurisdiction Printed Name of Chief Legal Officer Date of Certification Title of Chief Legal Officer of the Jurisdiction Name of Applicant Government Entity(i.e.,the applicant to the FY 2018 OJP Program identified below) FY 2018 OJP Program: Byrne Justice Assistance Grant(JAG) Program: Local Page 151 of 697 6.E. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R18-170-Approve and authorize the Mayor to sign a land use agreement between the City of Boynton Beach and Journey Church for the 48th Annual Holiday Parade and Light Up the Park to be held Saturday, December 1,2018. EXPLANATION OF REQUEST: The City would like to utilize Journey Church property on Federal Highway as a public parking option during the 48th Annual Holiday Parade and Light Up the Park(Saturday, December 1,2018). HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Parking is limited due to the Town Square redevelopment project. FISCAL IMPACT: Non-budgeted There is no cost related to the temporary use of Journey Church property on Saturday, December 1,2018. ALTERNATIVES: Not approve the land use agreement between the City of Boynton Beach and Journey Church for property(parking)use on Saturday,December 1,2018 for the City's Annual Holiday Parade and Light Up the Park. STRATEGIC PLAN: Redevelop Downtown STRATEGIC PLAN APPLICATION: During the Town Square redevelopment project,identifying and promoting additional public parking opportunities during large events in the downtown area allows more individuals to attend, park safely,and visit our local restaurants and businesses. CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution authorizing Land Use Agreement with Journey Church for D Resolution Holiday POarade Parking D Agreement Land Use Agreement-Journey Church Page 152 of 697 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 A LAND USE AGREEMENT WITH JOURNEY 7 COMMUNITY CHURCH, INC., FOR THE 48TH ANNUAL 8 HOLIDAY PARADE TO BE HELD DECEMBER 1, 2018; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City plans to use the Journey Community Church, Inc., property as 13 a public parking option during the 48' Annual Holiday Parade on December 1, 2018; and 14 WHEREAS, While the City's Town Square is under construction parking is limited 15 and this site will provide an alternative for public parking during the parade; and 16 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 17 recommendation of staff, deems it to be in the best interests of the City residents to approve 18 and authorize the Mayor to sign a Land Use Agreement between the City of Boynton Beach 19 and Journey Community Church, Inc., for the 48th Annual Holiday Parade to be held 20 December 1, 2018. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission hereby approves and authorizes the Mayor to 27 sign a Land Use Agreement between the City of Boynton Beach and Journey Community 28 Church, Inc., for the 48th Annual Holiday Parade to be held December 1, 2018. A copy of the 29 Agreement is attached hereto as Exhibit"A." C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\5EBCF568-7087-4A30-9093-3E8FD6696400\Boynton Beach.13492.1.Land Use_Agreement with Journey Church for Annual_Holiday_Parade-_Reso.docx Page 153 of 697 30 Section 3. This Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2018. 32 CITY OF BOYNTON BEACH, FLORIDA 33 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— 45 46 VOTE 47 ATTEST: 48 49 50 51 Judith A. Pyle, CMC 52 City Clerk 53 54 55 (Corporate Seal) C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\5EBCF568-7087-4A30-9093-3E8FD6696400\Boynton Beach.13492.1.Land Use_Agreement with Journey Church for Annual_Holiday_Parade-_Reso.docx Page 154 of 697 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 Journey Community Church Inc., its officers, employees, successors and assigns ("Owner"). WITNESSETH: WHEREAS, Owner warrants that it owns that certain property located at 715 S. Federal Hwy, Boynton Beach, FL 33435 (Parcel Number: 08-43-45-28-00-000-5030), (the "Property"); and WHEREAS,the City desires to use the parking lots located on the Property for parking for an event taking place on December 1, 2018 (the "Event"); WHEREAS, Owner desires to permit the City to use the parking lots on the Property for the Event; NOW,THEREFORE,for the mutual covenant and matters set forth herein, as of the date set forth above, the parties hereby agree as follows: 1. The recitations set forth above are incorporated herein. 2. Owner agrees to allow the City to enter onto the Property for uses related to the Event on the dates and times specified on the attached Exhibit A. 3. The City represents and acknowledges that its activities and all participants are properly covered by appropriate insurance; that the City shall be responsible for any injuries to its employees, agents, and/or contractors, occurring during activities in the course and scope of parking on the Property for the Event; and that the City shall be responsible for any damage to the Property caused by the City's use of the Property for the Event.The City shall also be responsible for its own negligence.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 on the Property during the dates listed in Exhibit A. Nothing in this paragraph is considered a waiver of sovereign immunity by the City. 4. Owner hereby acknowledges and agrees that Owner shall receive no compensation from the City in return for permitting the City to use the Property as provided for in this Agreement. 5. No prior or present agreements or representations shall be binding upon any of the parties hereto unless incorporated in this Agreement. No modifications or change in the Agreement shall be valid or binding upon the parties unless in writing, executed by the parties to be bound thereby. 6. This Agreement shall expire on December 2, 2018. 7. This Agreement is governed by the laws of the State of Florida and venue is in Palm Beach County. Page 155 of 697 IN WITNESS WHEREOF,the CITY OF BOYNTON BEACH has caused these presents to be executed in its name by its Mayor and attested and its official seal to be hereunto affixed and Owner have hereunto set its hand and seal the day and year first above written. ATTEST: CITY OF BOYNTON BEACH By: Print Name: Title: (SEAL) 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: Page 156 of 697 ATTEST: 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 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: Page 157 of 697 Exhibit"A" Owner agrees to allow the City and attendees of the Event to enter onto the Property for uses related to the Event any time December 1, 2018 from 8:00 a.m.to 12:00 a.m. Page 158 of 697 6.F. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-171 -Authorize the City Manager to accept, and sign all grant documents, including the Grant Agreement for FDOT grant in amount of$25,000, subject to the approval of the City Attorney. EXPLANATION OF REQUEST: The Florida Department of Transportation (FDOT) State Safety Office has selected the City of Boynton Beach to receive $25,000 in sub-grant funding for the 2018-19 funding cycle under the speed & aggressive driving priority area. The funding is allocated for overtime and speed measurement devices. Approval of this award will allow our agency to conduct"zero tolerance" enforcement operations in high frequency crash fatality locations. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries that are related to speed & aggressive driving through enforcement and education. The Boynton Beach Police Department will review crash data to determine high frequency locations and conduct "zero tolerance" enforcement operations. The Boynton Beach Police Department will also conduct education initiatives to raise awareness in regards to traffic safety, speed and aggressive driving. Traffic crash data will be reviewed and a special emphasis will be made to raise traffic safety awareness with the population group by targeting an area to solicit traffic safety information and guidance. FISCAL IMPACT: Non-budgeted No fiscal impact. ALTERNATIVES: Do not accept the awarded funding. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: n/a CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: n/a Page 159 of 697 Is this a grant? Yes Grant Amount: $25,000 ATTACHMENTS: Type Description D Resolution Resolution authorizing the City Manager to sign all documents related to grant D Addendum Award documents Page 160 of 697 1 RESOLUTION NO. R18- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 5 SIGN ALL DOCUMENTS ASSOCIATED WITH THE 6 FLORIDA DEPARTMENT OF TRANSPORTATION 7 (FDOT) GRANT IN THE AMOUNT OF $25,000.00 FOR 8 THE BOYNTON BEACH SPEED AND AGGRESSIVE 9 DRIVING PRIORITY AREA; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS,the Florida Department of Transportation(FDOT) State Safety Office has 14 selected the City of Boynton Beach to receive $25,000.00 in sub-grant funding for the 2018-19 15 funding cycle under the speed and aggressive driving priority area; and 16 WHEREAS,the funding is allocated for overtime and speed measurement devices; and 17 WHEREAS,upon recommendation of staff, the City Commission has determined that 18 it is in the best interests of the residents of the City to authorize the City Manager to sign all 19 documents associated with the Florida Department of Transportation (FDOT) grant in the 20 amount of$25,000.00 for the Boynton Beach speed and aggressive driving priority area. 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 24 being true and correct and are hereby made a specific part of this Resolution upon adoption 25 hereof. 26 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby 27 authorize the City Manager to sign all documents associated with the Florida Department of 28 Transportation (FDOT) grant in the amount of$25,000.00 for the Boynton Beach Speed and 29 Aggressive Driving program, a copy of which is attached hereto as Exhibit"A". S:\CA\RESO\Agreements\Crrants\FDOT Speed and Agressive Driving&ant(2018-19)-Reso.docx Page 161 of 697 30 Section 3. This Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of , 2018. 32 CITY OF BOYNTON BEACH, FLORIDA 33 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— 45 46 47 VOTE 48 49 ATTEST: 50 51 52 53 Judith A. Pyle, CMC 54 City Clerk 55 56 57 58 (Corporate Seal) 59 60 S:\CA\RESO\Agreements\Crrants\FDOT Speed and Agressive Driving&ant(2018-19)-Reso.docx Page 162 of 697 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION(FDOT) 500-065-01 SUBGRANT FOR HIGHWAY TRAFFIC SAFETY FUNDS SAFETY 9/18 For FDOT Use Only FDOT Contract Number: G1112 Project Number: SC-19-13-02 Federal Funds Awarded: $25,000.00 FDOT DUNS Number: 80-939-7102 Subgrant Award (Start) Date: Subgrant End Date: 09/30/2019 Amendment Number and Dates: , I Part I: GENERAL ADMINISTRATIVE INFORMATION (See Instructions) 1. Project Title: Boynton Beach Speed and Aggressive Driving Program 2. Federal Total Funding: $25,000.00 Match: $0.00 Cost: $25,000.00 3. Subrecipient Agency: 4. Implementing Agency: Name: City of Boynton Beach Name: Boynton Beach Police Department Address Line 1: PO Box 310 Address Line 1: 2450 High Ridge Road. Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: FL State: FL Zip: 33425 - 0310 Zip: 33426 - 0000 5. Federal ID Number or 29 Digit FLAIR Account Number(State Agencies):59-6000282005 6. DUNS Number:072247133 7. Chief Financial Officer: 8. Project Director: Name: Mara Freferiksen Name: Officer Jaclyn Smith Address Line 1: PO Box 310 Address Line 1: 2450 High Ridge Road Address Line 2: Address Line 2: City: Boynton Beach City: Boynton Beach State: FL State: FL Zip: 33425 -0310 Zip: 33426 - 0000 Telephone No: (561) 742 - 6312 ext. Telephone No: (561) 742 - 6195 ext. E-Mail Address: frederiksenm@bbfl.us E-Mail Address: smithja@bbfl.us 9. Financial Reimbursement Contact: 10. Project Activity Contact: Name: Mara Frederiksen Name: Officer Jaclyn Smith Title: Finance Director Title: Grants Manager Telephone Number: (561) 742 - 6312 ext. Telephone Number: (561) 742 - 6195 ext. E-Mail Address: frederiksenm@bbfl.us E-Mail Address: smithja@bbfl.us 11. Payment Remittance Address: Name: City of Boynton Beach Address Line 1: Po Box 310 Address Line 2: City: Boynton Beach State: FL Zip: 33425 -0310 1 Page 163 of 697 500-065-01 SAFETY 09/18 Part II: PROJECT PLAN AND SUPPORTING DATA State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation Statement of the Problem The City of Boynton Beach is located along the Atlantic Coast in the southern part of Palm Beach County. The city has approximately 70,000 year-round residents. During the winter months there is a sharp increase with part-time residents and tourists. The city is approximately 16 square miles and lies between West Palm Beach, 10 miles to the north, and City of Miami, which is approximately 50 miles to the south. The City of Boynton Beach has 9 major roadways, including Boynton Beach Blvd. (SR804), which is the main roadway that has exit/entrance to 1-95 and Florida's Turnpike. According to the Florida Department of Transportation (FDOT)fiscal year(FY)2019 Highway Safety Matrix, the City of Boynton Beach ranked 17 out of 101 for speed and aggressive driving-related serious injuries or fatalities. Boynton Beach Police Department(PD) Crash and Citation Data: 2015 2016 2017 Total crashes 3,111 3,338 3,278 Total crashes with fatalities 9 11 7 Total crashes with injuries 583 693 522 Total speeding citations 759 504 1315 Total overall citations 6278 4613 6981 It is clear that continued education and enforcement of the state's speed and aggressiving driving laws is necessary in order to reduce the incidences of serious injuries and fatalities on the city's roadways. Proposed Solution The Boynton Beach Police Department believes that the success of any traffic safety program is not solely hinged on either component of enforcement, education or engineering. This program aims to reduce traffic crashes, fatalities and serious injuries that are speed and/or aggressive driving-related by the implementation of the following components. The Boynton Beach Police Department will review crash data on a weekly basis in order to determine high frequency crash serious injury and fatality locations throughout our jurisdiction. We will develop schedules for traffic personnel to conduct"zero tolerance" overtime high visibility enforcement operations at the determined locations. The project director will be responsible for ensuring that the data is reviewed each week, in order to review for any possible changes to the list. Our agency will commit to locating and targeting 10 total locations for this program. In addition, the project director will be responsible for distributing this top 10 list to all traffic personnel so that they can concentrate on these specific areas, which will increase law enforcement presence. The mutiple speed measurement devices purchased with subgrant funds will be utilized during the overtime high visibility enforcement(HVE)operations for speed enforcement. The Boynton Beach Police Department will also conduct education initiatives in local high schools, senior centers, business, civic organizations and public forums to raise awareness with speed-related issues. The police department will determine through a review of our traffic crash data which population groups are involved in a majority of the traffic crashes that occur within our jurisdiction. A special emphasis will be made to raise traffic safety awareness with this population group by targeting an area to solicit traffic safety information and guidance. In order to facilitate the delivery of this traffic message, the Boynton Beach Police Department will partner with local resources such as the Community Traffic Safety Team, Law Enforcement Liaison Program, neighboring law enforcement agencies and local media outlets. The Boynton Beach Police Department will also participate in any statewide public awareness and enforcement campaigns sponsored by the Florida Department of Transportation State Safety Office. 2 Page 164 of 697 500-065-01 SAFETY 09/18 State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected to result. Use the following major headings: 1. Statement of the Problem 2. Proposed Solution 3. Project Objectives 4. Evaluation Project Objectives: By the end of the subgrant period (September 30, 2019)this project will: 1. Reduce the number of speed/aggressive driving related motor vehicle crashes by at least 5%when compared to the previous three year average. 2. Increase the number of speed/aggressive driving related contacts by at least 10%when compared to the 2017/2018 period. 3. Reduce the number of speed/aggressive driving related traffic fatalities by 5%when compared to the previous three year average. 4. Reduce the number of speed/aggressive driving related serious injuries by at least 5%when compared to the previous three year average. 5. Conduct speed and aggressive driving education outreach. 6. Provide speed and aggressive driving educational materials. Evaluation The project will be evaluated by: 1. Number of speed/aggressive driving related crashes. 2. Number of speed/aggressive driving related contacts. 3. Number of hours conducted for speed/aggressive driving overtime enforcement patrols. 4. Number of speed/aggressive educational outreach and materials distributed. Amendment Number: (FDOT Only) Effective Date: (FDOT Only) 3 Page 165 of 697 500-065-01 SAFETY 09/18 Part III: PROJECT DETAIL BUDGET Project Title: Boynton Beach Speed and Aggressive Driving Program Project Number: SC-19-13-02 FDOT Contract Number: G1112 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE TOTAL FEDERAL MATCH COST FUNDS A. Personnel Services Overtime Salaries Salaries Only $20,000 $20,000 0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $20,000 $20,000 $ 0 B. Contractual Services $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 C. Expenses Traffic Speed Measurement Speed measurement devices for $5,000 $5,000 $0 Devices officer overtime HVE detail $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $5,000 $5,000 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) 4 Page 166 of 697 500-065-01 SAFETY 09/18 Part III: PROJECT DETAIL BUDGET Project Title: Boynton Beach Speed and Aggressive Driving Program Project Number: SC-19-13-02 FDOT Contract Number: G1112 Each budget category subtotal and individual line item costs listed below cannot be exceeded. The FDOT State Safety Office may approve shifts between budget categories and line items via an amendment. BUDGET CATEGORY NARRATIVE TOTAL FEDERAL MATCH COST FUNDS D. Equipment Costing over $5,000 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 E. Indirect Cost $ 0 $0 $0 Subtotal $ 0 $ 0 $ 0 Total Cost of Project $25,000 $25,000 $ 0 Amendment Number: (FDOT Only) Effective Date: (FDOT Only) 5 Page 167 of 697 500-065-01 SAFETY 09/18 PART IV: PERFORMANCE REPORT Project Title: Boynton Beach Speed and Aggressive Driving Program Project Number: SC-19-13-02 FDOT Contract Number: G1112 Minimum Performance Standards The following are the minimum performance standards required in this subgrant agreement.The status of these standards will be reported using FDOT form number 500-065-19 Performance Report and shall be included with each request for reimbursement. 1. Collect and analyze crash data to determine focus areas for targeted HVE speed and aggressive driving overtime enforcement. 2. Conduct speed and aggressive driving overtime HVE operations. 3. Conduct outreach/education activities for speed and aggressive driving. 4. Provide performance reports. 5. Submit request(s)for financial reimbursement. 6. 7. 8. 9. National Highway Traffic Safety Administration(NHTSA)Required Activity Reporting The following statistics are required reporting for any traffic safety enforcement grant.(enforcement grants only) 1. Number of seat belt citations issued during subgrant-funded enforcement activities. 2. Number of impaired driving arrests made during subgrant-funded enforcement activities. 3. Number of speeding citations issued during subgrant-funded enforcement activities. Amendment Number: (FDOT Only) Effective Date: (FDOT Only) 6 Page 168 of 697 500-065-01 SAFETY 09/18 Part V: Acceptance and Agreement Conditions of Subgrant Agreement. Upon approval of this subgrant agreement for highway safety funds, the following terms and conditions shall become binding. The term "Subrecipient" referred to herein, will reference both the Subrecipient and it's Implementing Agency. FEDERAL REGULATIONS 1. Access to Public Records and Monitoring. The Department, National Highway Traffic Safety Administration (NHTSA), Federal Highway Administration (FHWA), Chief Financial Officer(CFO), and Auditor General (AG)of the State of Florida, or any of their duly authorized representatives, shall have access for the purpose of audit and examination of books, documents, papers, and records of the Subrecipient and to relevant books and records of the Subrecipient which are not protected from disclosure by State or Federal law, and its consultants and contractors under this subgrant agreement, as provided under applicable State or Federal law. In addition to review of audits conducted in accordance with 2 CFR Part 200, herein incorporated by reference, monitoring procedures will include on-site visits by Department staff, limited scope audits as defined by 2 CFR Part 200, and status checks of subgrant activity via telephone calls from FDOT State Safety Office staff to Subrecipients. By entering into this subgrant agreement, Subrecipients agree to comply and cooperate with monitoring procedures. In the event that a limited scope audit of the Subrecipient is performed, the Subrecipient agrees to bring the project into compliance with this subgrant agreement. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the CFO or AG to the extent allowed by State or Federal law. 2. Audit. The administration of resources awarded through the Department to the Subrecipient by this subgrant agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or limit the authority of any State agency inspector general, the State of Florida Auditor General or any other State official. With the exception of documents protected by State law, the Subrecipient shall comply with all audit and audit reporting requirements as specified below. (a) In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F —Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this subgrant agreement. By entering into this subgrant agreement, the Subrecipient agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO)or State of Florida Auditor General. (b) The Subrecipient, a non-Federal entity as defined by 2 CFR Part 200, Subpart F—Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this subgrant agreement is subject to the following requirements: i. In the event the Subrecipient expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, the Subrecipient must have a Federal single or program-specific audit for such fiscal year conducted in accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements. Part VI to this subgrant agreement provides the required Federal award identification information needed by the Subrecipient to further comply with the requirements of 2 CFR Part 200, Subpart F—Audit Requirements. In determining Federal awards expended in a fiscal year, the Subrecipient must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this subgrant agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F —Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Subrecipient shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F—Audit Requirements. 7 Page 169 of 697 500-065-01 SAFETY 09/18 iii. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F —Audit Requirements, in Federal awards, the Subrecipient is exempt from Federal audit requirements for that fiscal year. However, the Subrecipient must provide a single audit exemption statement to the Department at FDOTSingleAuditdot.state.fl.us no later than nine months after the end of the Subrecipient's audit period for each applicable audit year. In the event the Subrecipient expends less than the threshold established by 2 CFR Part 200, Subpart F—Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F—Audit Requirements, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than Federal entities). iv. The Subrecipient must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/the audit reporting package as required by 2 CFR Part 200, Subpart F—Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F—Audit Requirements, and this subgrant agreement. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAuditdot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s)or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F— Audit Requirements. V. Within six months of acceptance of the audit report by the FAC, the Department will review the Subrecipient's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this subgrant agreement. If the Subrecipient fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F—Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for)all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 CFR Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Subrecipient shall permit the Department, or its designee, the CFO or State of Florida Auditor General access to the Subrecipient's records including financial statements, the independent auditor's working papers and project records as necessary. Records related to unresolved audit findings, appeals or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 8 Page 170 of 697 500-065-01 SAFETY 09/18 FDOTSingleAuditdot.state.fl.us (c) The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued and shall allow the Department, or its designee, the CFO or State of Florida Auditor General access to such records upon request. The Subrecipient shall ensure that the audit working papers are made available to the Department, or its designee, the CFO, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued unless extended in writing by the Department. 3. Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver(Docket No. NHTSA-2015-0065)and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is not produced in the United States. NHTSA may waive those requirements if(1)their application would be inconsistent with the public interest; (2)such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or(3)the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non-compliance will result in denial of reimbursement. 4. Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of$150,000 must 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). The Subrecipient shall include this provision in all subcontract awards in excess of$150,000. 5. Conferences and Inspection of Work. Conferences may be held at the request of any party to this subgrant agreement. Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be privileged to visit the site for the purpose of inspection and assessment of work being performed at any time. 6. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant agreement in excess of$100,000 that involve the employment of mechanics or laborers 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 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 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 or transmission of intelligence. 7. Debarment and Suspension. No subcontract issued under this subgrant agreement, will be made to parties listed on the governmentwide Excluded Parties List System 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 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 8. Disadvantaged Business Enterprises (DBE). (a) The Subrecipient agrees to the following assurance: 9 Page 171 of 697 500-065-01 SAFETY 09/18 The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this subgrant agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate. 9. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to discrimination under this subgrant agreement, or any project, program, or activity that receives or benefits from this subgrant award. The Subrecipient agrees to comply with Executive Order(E.O.) 11246, as amended by E.O. 11375, and as supplemented by 41 CFR, Part 60, herein incorporated by reference. 10. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects) (c) Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability)and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities"to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally- funded or not) (g) Titles 11 and III of the Americans with Disabilities Act(42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing)and 49 CFR parts 37 and 38 (h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low- income populations) 10 Page 172 of 697 500-065-01 SAFETY 09/18 (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency(LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100) Q) Nondiscrimination Clause. During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. (e) To insert this clause, including paragraphs (a)through (e), in every subcontract and sub-agreement and in every solicitation for a subcontract or sub-agreement, which receives Federal funds under this program 11. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results developed, produced, or discovered by this subgrant agreement are governed by the terms of 2 CFR, Section 200.315, Intangible Property, herein incorporated by reference. 12. Political Activity. The Subrecipient will comply with provisions of the Hatch Act(5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Property Accountability. The Subrecipient shall establish and administer a system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department, or purchased pursuant to this subgrant agreement in accordance with Federal Property Management Standards as set forth in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or 2 CFR, 200.33, herein incorporated by reference. This obligation continues as long as the property is retained by the Subrecipient notwithstanding the ending of this subgrant agreement. 14. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal 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 11 Page 173 of 697 500-065-01 SAFETY 09/18 Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. iii. The Subrecipient shall require that the language of this certification be included in the award documents for all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements)and that all Subrecipients 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. (b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect(e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. STATE REGULATIONS 15. Compliance with State Procurement of Personal Property and Services Laws. The Subrecipient agrees to comply with all applicable provisions of Chapter 287, Florida Statutes (F.S.). The following provisions are stated in this subgrant agreement pursuant to sections 287.133(2)(a) and 287.134(2)(a), F.S. (a) Section 287.133 (2)(a), F.S. 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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 following the date of being placed on the convicted vendor list. (b) Section 287.134 (2)(a), F.S. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies 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. 16. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subrecipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient in conjunction with this subgrant agreement. 17. Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Chapter 20.055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. 12 Page 174 of 697 500-065-01 SAFETY 09/18 18. E-Verify. Subrecipients: (a) Shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. 19. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the Subrecipient shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature. 20. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, F.S., the Subrecipient shall be required to defend, hold harmless and indemnify the Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness, or intentional wrongful misconduct of Subrecipient, and its contractor, consultant, agents and employees. The Subrecipient shall be liable for any loss of, or damage to, any material purchased or developed under this subgrant agreement which is caused by the Subrecipient's failure to exercise such care in regard to said material as a reasonable careful owner of similar materials would exercise. The parties executing this subgrant agreement specifically agree that no provision in this subgrant agreement is intended to create in the public or any member thereof, a third-party beneficiary, or to authorize anyone not a party to this subgrant agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this subgrant agreement. 21. Restrictions on Lobbying. No funds subgranted hereunder shall be used for the purpose of lobbying the legislature, judicial branch, or state agencies, per Section 216.347, F.S. 22. Retention of Records. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this subgrant agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the state CFO, or AG access to such records, which are not protected by State law, upon request. The Subrecipient shall ensure that the independent audit working papers are made available to the Department, or its designee, the state CFO, or AG upon request for a period of at least five years from the date the audit report is issued, unless extended in writing by the Department. 23. Tangible Property. Property purchased under this subcontract does not qualify as Tangible Personal Property as defined by Chapter 273, F.S. GRANT MANAGEMENT 24. Amendments. The Subrecipient shall obtain prior written approval from the FDOT State Safety Office for changes to this subgrant agreement. Amendments to this subgrant agreement will be approved if the modification(s)to be made will achieve or improve upon the outcome of this subgrant agreement's scope of work, or where factors beyond the control of the Subrecipient require the change. Requested amendments to this subgrant agreement shall be in the form of a written request signed by the one of the original signatory of this subgrant agreement. Specific delegation(s)for amendments must be provided in writing from the original signatory of the Subrecipient. 25. Disputes and Appeals. Any dispute, disagreement, or question of fact arising under this subgrant agreement may be addressed to the Traffic Safety Administrator of the FDOT State Safety Office in writing. The Traffic Safety Administrator's decision may be appealed in writing within 30 calendar days from the notification to the Governor's Highway Safety Representative, whose decision is final. Addresses are: Florida Department of Transportation Florida Department of Transportation Attn: Traffic Safety Administrator Attn: Governor's Highway Safety Representative State Safety Office, MS 53 State Safety Office, MS 53 605 Suwannee Street 605 Suwannee Street Tallahassee, Florida 32399-0450 Tallahassee, Florida 32399-0450 13 Page 175 of 697 500-065-01 SAFETY 09/18 The Subrecipient shall proceed diligently with the performance of this subgrant agreement and in accordance with Department's decision(s). 26. Equipment. Any equipment purchased under this subgrant agreement with highway safety funds shall not replace previously purchased equipment that is damaged, stolen, lost, or that wears out as a result of misuse, whether the equipment was purchased with federal, state, or local funds. (a) Use of Equipment. All equipment shall be used for the originally authorized subgrant agreement purpose(s)for as long as needed for those purposes. In the event the equipment is no longer needed for the originally authorized subgrant agreement purpose(s)or has reached the end of its useful life, Subrecipients should notify the FDOT State Safety Office so that the equipment can be transferred to another agency for use or disposed of. (b) Major Purchases and Dispositions. Equipment with a useful life of more than one year and an acquisition cost of$5,000 or more per unit shall be subject to the following requirements: i. Purchases shall receive prior written approval from the FDOT Safety Office. ii.Dispositions shall receive prior written approval from the FDOT Safety Office. (c) Disposition of Equipment Costing Less than $5,000. Equipment that does not meet the unit purchase price threshold of$5,000 should be disposed of in accordance with the agencies own procurement and disposition policies. Documentation of this disposition should be noted in the Subrecipient files. (d) Equipment Replacement or Repair. The Subrecipient is responsible, at their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is damaged, stolen, or lost, or that wears out as a result of misuse. The FDOT State Safety Office retains the right to replace or repair any equipment for statewide programs based on exceptional individual circumstances. (e) Equipment Repossession. Ownership of all equipment purchased with Federal highway safety funds rests with the Subrecipient; however, the USDOT maintains an interest in the equipment and title vests in the Subrecipient subject to several conditions and obligations under 2 CFR Section 200.313. The Subrecipient must use the equipment for the authorized purposes of the project, whether or not the project continues to be supported by the Federal award, unless the FDOT State Safety Office, on behalf of USDOT, provides written authorization for another use of the equipment that is permissible under 2 CFR Section 200.313. Any equipment purchased with Federal highway safety funds that is not being used by the Subrecipient for the purposes described in the project or in accordance with other authorized uses under 2 CFR Section 200.313, is subject to repossession by the FDOT State Safety Office, on behalf of the USDOT. Items that are repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this project or for other uses authorized by USDOT. 27. Excusable Delays. Except with respect to the defaults of Subrecipient's consultants and contractors which shall be attributed to the Subrecipient, the Subrecipient shall not be in default by reason of any failure in performance of this subgrant agreement in accordance with its terms if such failure arises out of causes beyond the control and without the fault or negligence of the Subrecipient. Such causes are acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case the failure to perform must be beyond the control and without the fault or negligence of the Subrecipient. If the failure to perform is caused by the failure of the Subrecipient's consultant or contractor to perform or make progress, and if such failure arises out of causes beyond the control of the Subrecipient and its consultant or contractor, and without the fault or negligence of any of them, the Subrecipient shall not be deemed to be in default, unless (1)the supplies or services to be furnished by the consultant or contractor were obtainable from other sources, (2)the FDOT State Safety Office shall have ordered the Subrecipient in writing to procure such supplies or services from other sources, and (3)the Subrecipient shall have failed to comply reasonably with such order. Upon request of the Subrecipient, the FDOT State Safety Office shall ascertain the facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by any one or more of the said causes, the delivery schedule shall be revised accordingly. 28. How this Subgrant Agreement is Affected by Provisions Being Held Invalid. If any provision of this subgrant agreement is held invalid, the remainder of this subgrant agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. 14 Page 176 of 697 500-065-01 SAFETY 09/18 29. Ineligibility for Future Funding. The Subrecipient agrees that the Department shall find the Subrecipient ineligible for future funding for any of the following reasons: (a) Failure to provide the required audits, (b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle ends, (c) Failure to provide required performance and final narrative reports in the required time frame, (d) Failure to perform work described in Part II of this subgrant agreement, (e) Failure to provide reimbursement requests and performance reports in a timely manner, (f) Providing fraudulent performance reports or reimbursement requests, (g) Misuse of equipment purchased with Federal highway safety funds. 30. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subrecipient, the Subrecipient's consultant(s)or contractor(s)and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 31. Personnel Hired or Paid Under this Subgrant Agreement. (a) Project Director. Persons holding the position of Project Director for this subgrant agreement shall not receive reimbursement for personnel hours nor receive any other benefit under this subgrant agreement. (b) Subgrant Funded Positions. Any agency receiving subgrant funds for the reimbursement of positions (excluding law enforcement agency positions), in whole or in part through this subgrant agreement, shall report and get approval in writing of any staffing using the Safety Grant Personnel Form (FDOT Form No. 500-065-24). (c) Employer Responsibility. Any and all employees of the Subrecipient whose positions are funded, in whole or in part through this subgrant agreement, shall be the employee of the Subrecipient only, and any and all claims that may arise from said employment relationship shall be the sole obligation and responsibility of the Subrecipient. Personnel hours will only be reimbursed based on actual hours worked on this subgrant agreement. No other allocation method is allowable for reimbursement. (d) Overtime. i. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as "overtime", per the Subrecipient policies will be eligible for reimbursement by this subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported and billed based on hours worked for each subgrant agreement type. ii.Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act(FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally-financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety activities. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. (e) Additional Requirements for Law Enforcement Agencies. i. Created Position(s) Reporting and Maintenance Requirement. Subrecipients receiving first year funding for a newly created full-time position(s)through a subgrant agreement shall provide written notification to the FDOT State Safety Office within 30 days of this subgrant agreement being awarded that a new position(s) has been created in the agency as a result of this subgrant agreement being awarded. Positions created with subgrant funding shall continue to be funded by the Subrecipient after federal funding ends to be eligible for future subgrant funding. 15 Page 177 of 697 500-065-01 SAFETY 09/18 32. Reports. The following reports are required for reimbursement of subgrant funding: (a) Performance Reports. (FDOT Form No. 500-065-19). A performance report shall be provided with each request for financial reimbursement, providing the status of the subgrant minimum performance standards, as described Part IV of this subgrant agreement. (b) Final Narrative Report. (FDOT Form No. 500-065-20). A Final Narrative Report giving a chronological history of the subgrant activities, problems encountered, major accomplishments, and NHTSA Required Activity Reporting shall be submitted by October 31. Requests for reimbursement will not be processed and will be returned to the Subrecipient as unpaid if the required reports are not provided, following notification. (c) Enforcement Activity Reports. Enforcement Activity Report(s)for each type of enforcement shall be provided with each request for financial reimbursement for overtime worked. Agency specific activity reports may be used, if those reports include all information detailed in each FDOT Activity Form. (d) Other Reports. The FDOT State Safety Office reserves the right to require other reports not specified above, as necessary, for subgrant agreement monitoring. 33. Term of this Subgrant Agreement. Each subgrant agreement shall begin on the date the last party signs this subgrant agreement and shall end on September 30, unless otherwise stipulated by the FDOT State Safety Office on the first page of this respective subgrant agreement. In the event this subgrant agreement is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(a), F.S., are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that such funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year." 34. Travel. (a) Required Forms. Travel costs for approved travel shall be submitted on the FDOT Contractor Travel Form (FDOT Form No. 300-000-06)or other approved Florida Department of Financial Services form and will be reimbursed in accordance with Section 112.061, F.S. and the most current version of the Disbursement Handbook for Employees and Managers. (b) Prerequisite Approvals. Travel meeting any of the following criteria shall require a written request for approval from the FDOT State Safety Office prior to the incurring of actual travel costs. Request should include sufficient justification to prove that the travel will have significant benefits to the outcome of the subgrant activities and is within the travel budget of the project and relevant to the project: i. Purchase of Airfare ii. Travel to conference iii. Travel which includes a registration fee iv. Out-of-subgrant-specified work area travel v. Out-of-state travel Failure to receive prior written approval will deem the entire travel cost ineligible for payment, regardless of available funding in travel budget. (c) Lodging Reimbursement Limit. The FDOT State Safety Office shall not pay for overnight lodging/hotel room rates that exceed $150.00 per night(before taxes and fees). A Subrecipient and/or traveler will be required to expend his or her own funds for paying the overnight lodging/hotel room rate in excess of$150.00 plus the 16 Page 178 of 697 500-065-01 SAFETY 09/18 applicable percentage of fees (other than flat fees). If multiple travelers share a room and the individual cost of the lodging/hotel exceeds the $150 per night limit, the Subrecipient and/or travelers will be required to expend his or her own funds for paying the excess amount. If another entity is covering the cost of the overnight lodging/hotel then this paragraph does not apply. 35. Vehicles. Any Subrecipient receiving subgrant funds to purchase a vehicle (excluding law enforcement vehicles) shall maintain a travel log that contains the beginning and ending mileage, location, and purpose of travel. All agencies must report any vehicle use (excluding law enforcement vehicles) and maintenance with each request for reimbursement using the Safety Grant Vehicle Use Form (FDOT Form No. 500-065-21)and the Safety Grant Equipment Maintenance Form (FDOT Form No. 500-065-22). Vehicles purchased with federal highway safety funds shall be used for program use only and in accordance with Chapter 6013-1.004 F.S. Subrecipients who are responsible for the operation and use vehicles for official state business are allowed to permit persons other than state officials or employees to travel in the vehicle provided these persons are conducting official state business or only on special occasions if the purpose of the travel can be more usefully served by including such persons and no additional expense is involved. It is permissible to transport persons other than state officials and employees during disasters and emergency situations where the state must protect life and property. Providing assistance to motorists whose vehicles are disabled may be considered as an emergency when there is a need to protect life and property. Any vehicles used for personal reasons or not being used by the Subrecipient for the purposes described in this subgrant agreement shall be subject to repossession by the FDOT State Safety Office. FINANCIAL/FISCAL 36. Allowable Costs. The allowability of costs incurred under this subgrant agreement shall be determined in accordance with the general principles of allowability and standards for selected cost items set forth in the Applicable Federal Law, state law, and the FDOT Disbursement Handbook for Employees and Managers, to be eligible for reimbursement. All funds not spent in accordance with the Applicable Federal Law will be subject to repayment by the Subrecipient. Only costs directly related to this subgrant agreement shall be allowable. 37. Subcontract Agreements. (a) Requirement for Pre-Approval. All subcontract agreements must be submitted to the FDOT Safety Office in draft form for review and approval. Approval of this subgrant agreement does not constitute approval of subcontract agreements. (b) Minimum Mandatory Subcontract Language. All subcontract agreements shall include as a minimum the following information: i. Beginning and end dates of the subcontract agreement (not to exceed this subgrant agreement period); ii. Total contract amount; iii. Scope of work/Services to be provided; iv. Quantifiable, measurable, and verifiable units of deliverables; v. Minimum level of service to be performed and criteria for evaluating successful completion; vi. Budget/Cost Analysis; and vii.Method of compensation/Payment Schedule. (c) Additional Required Clauses. i. All subcontract agreements shall contain the following statement: "The parties to this contract shall be bound by all applicable sections of Part V: Acceptance and Agreement of Project# (insert project number), FDOT Contract# (insert contract number). A final invoice must be received by (insert date) or payment will be forfeited." ii. Buy American Act clause (see Section 3 of Part V) iii. Certification Regarding Federal Lobbying (see Section 14 of Part V) iv. Cooperation with Inspector General (see Section 17 of Part V) v. DBE Clause (see Section 8(b)of Part V) 17 Page 179 of 697 500-065-01 SAFETY 09/18 vi. E-Verify clause (see Section 18 of Part V) vii.Nondiscrimination clause (see Section 10 of Part V) viii. Clean Air Act and Federal Water Pollution Control Act clause (subcontracts in excess of$150,000) (see Section 4 of Part V) 38. Indirect Costs. Indirect costs included in this subgrant agreement in Part III, under the indirect line item are based on the amount applied for during the concept paper application process, and awards are based on cost benefit, available funding, and if the indirect cost rate requested significantly affects the proposed project's ability to adequately address the traffic safety need. 39. Obligation of Subgrant Funds. Subgrant funds shall not be obligated prior to the effective date or subsequent to the end date of this subgrant agreement period. Only project costs incurred on or after the effective date and on or prior to the end date of this subgrant agreement are eligible for reimbursement. A cost is incurred when the Subrecipient's employee or approved contractor or consultant performs the service required or when goods are received by the Subrecipient, notwithstanding the date of order. 40. Procedures for Reimbursement. (a) Required Forms. All requests for reimbursement of subgrant costs must be submitted on forms provided by the Department(FDOT Form Numbers 500-065-04 through 09 and 19) unless otherwise approved. Forms must be completed in detail sufficient for a proper pre-audit and post audit based on the quantifiable, measurable, and verifiable units of deliverables and costs, including supportive documentation. ALL requests for reimbursement shall include FDOT Form 500-065-019 Performance Report for the period of reimbursement. (b) Supporting Documentation. Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in this approved subgrant agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation: i. Personnel Services. i. Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Fringe Benefits: Should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. ii. Contractual Services. Should be supported by a copy of the approved subcontract agreement, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. iii. Expenses. Should be supported by a copy of any required pre-approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. iv. Travel. Should be supported by a consultant travel form or other approved DFS travel form, copies of receipts for all miscellaneous costs applicable to the travel, in accordance with the most current version of the FDOT Disbursements Handbook, and proof of payment of travel costs by the Subrecipient. v. Equipment Costing Over$5,000. Should be supported by a copy of any required pre-approvals, invoice showing payment request from the vendor, and proof of payment by the Subrecipient. vi. Indirect Cost. If the subgrant agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. 18 Page 180 of 697 500-065-01 SAFETY 09/18 All documentation should be readable and include the necessary calculations to support the amounts being requested. Illegible documents or documents for the wrong time-period or calculation amounts will require resubmittal by the Subrecipient. If documents provided do not equal totals requested, additional documentation may be requested, or amounts reimbursed will be reduced to totals supported by documentation. Subgrant agreements between state agencies, and/or subgrant agreements between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports and do not have to include check numbers. (c) Frequency and Deadlines for Submission. i. Partial Claims. Subrecipients should submit all costs for reimbursement monthly, unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this subgrant agreement being terminated. ii. Final Claim. A final financial request for reimbursement shall be submitted and/or postmarked no later than October 31 following the end of this subgrant agreement period. Such request should be distinctly identified as Final. The Subrecipient agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by October 31 following the end of this subgrant agreement period. (d) Travel Reimbursement. Bills for travel expenses specifically authorized in this subgrant agreement shall be submitted on the FDOT Contractor Travel Form (300-000-06)and will be paid in accordance with Section 112.061, F.S. and the most current version of the FDOT Disbursement Handbook for Employees and Managers. (e) Equipment Reimbursement. All requests for reimbursement of equipment having a unit cost of$5,000 or more and a useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record (FDOT Form No. 500-065-09). Reimbursement of these equipment costs shall not be made before receipt of this form. (f) Media Purchase Reimbursement. Proof of performance (e.g., copies and/or images of posters, air schedules, etc.)of all paid media purchased with subgrant funds shall be attached to reimbursement requests. (g) Signature Requirements. All requests for reimbursement shall be signed by an Authorized Representative of the Subrecipient, or their delegate. Delegation letters must be provided for each subgrant agreement. (h) Reimbursement Timeline. Subrecipients providing goods and services to the Department should be aware of the following time frames. The FDOT State Safety Office has a 30-day review process to approve goods and services that starts on the date of receipt of financial reimbursement request. After that review and approval, the Department has 20 days to deliver a request for payment(voucher)to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. Financial reimbursement requests may be returned if not completed properly. If a payment is not available within 40 days from the FDOT State Safety Office approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the financial reimbursement request amount, to the Subrecipient. Interest penalties of less than one (1)dollar will not be enforced unless the Subrecipient requests payment. Financial reimbursement requests that have to be returned to a Subrecipient because of Subrecipient preparation errors will result in a delay in the payment. The financial reimbursement request payment requirements do not start until a properly completed financial reimbursement request is provided to the Department. (i) Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred. If the Department determines that the performance of the Subrecipient is unsatisfactory, the Department shall notify the Subrecipient of the deficiency to be corrected, which correction shall be made within a time-frame to be specified by the Department. The Subrecipient shall, within five days after notice from the Department, provide the Department with a corrective action plan describing how the Subrecipient will address all issues of 19 Page 181 of 697 500-065-01 SAFETY 09/18 subgrant agreement non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or subgrant agreement noncompliance. If the corrective action plan is unacceptable to the Department, the Subrecipient will not be reimbursed to the extent of the non-performance. The Subrecipient will not be reimbursed until the Subrecipient resolves the deficiency. If the deficiency is subsequently resolved, the Subrecipient may bill the Department for the unpaid reimbursement request(s)during the next billing period. If the Subrecipient is unable to resolve the deficiency, the funds shall be forfeited at the end of this subgrant agreement term. 0) Vendor Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Subrecipients who may be experiencing problems in obtaining timely payment(s)from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516. 41. Tracking and Retention of Financial Records. The Subrecipient shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this subgrant agreement shall be maintained and made available upon request to the Department at all times during the period of this subgrant agreement and for five years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred include the Subrecipients general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work. 42. Program Income. Program income means gross income earned by Subrecipient that is directly generated by a supported activity or earned as a result of the subgrant award during the subgrant period of performance. Program income must be deducted from total allowable costs to determine the net allowable costs. Program income must be used for current costs and any remaining program income must be offset against the final request for reimbursement. Program income that the Subrecipient did not anticipate at the time of the subgrant award must be used to reduce the Federal award and Subrecipient contributions rather than to increase the funds committed to the project. 43. Registration for Attendance. No activities funded under this subgrant agreement shall charge a registration fee for attendance. 44. Responsibility of Subrecipient. The Subrecipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the Project Detail Budget as approved by the FDOT State Safety Office. All expenditures and cost accounting of funds shall conform to 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements For Federal Awards, herein incorporated by reference, (hereinafter referred to as Applicable Federal Law). REQUIREMENTS 45. Child Safety Seats. Any agency that receives child safety seats must have at least one staff member who is a current Certified Child Passenger Safety Technician. 46. Enforcement. In accordance with 23 U.S.C. Chapter 4, the State encourages law enforcement agencies to follow the guidelines established for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (23. U.S.C. 4020)). (a) Automated Traffic Enforcement. No subgrant funds will be awarded or expended to carry out a program to purchase, operate, or maintain an automated traffic enforcement system. (23 U.S.C. 402(c)(4)). The term "automated traffic enforcement system" includes any camera that captures an image of a vehicle for the purposes only of red light and speed enforcement, and does not include hand held radar and other devices operated by law enforcement officers to make an on-the-scene traffic stop, issue a citation, or other enforcement action at the time of violation. Subgrant funding will not be utilized or reimbursed for continuing priorly initiated investigations, court or Administrative Hearings, and enforcement from aircraft. (b) Data Driven. Selection of enforcement activity locations should be based on current data that identifies high-risk areas with the greatest number of crashes, serious injuries, fatalities, and/or traffic violations (citations). Data should be reviewed periodically to ensure that the most current high-risk areas are continually addressed throughout this subgrant agreement period. 20 Page 182 of 697 500-065-01 SAFETY 09/18 (c) High Visibility Enforcement. All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this subgrant agreement. High Visibility Enforcement is defined as: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. (d) Impaired Driving Enforcment. i. Hours of Emphasis. A strong emphasis of enforcement operations should be during the hours of 6:00 pm to 6:00 am. Agencies should ensure that enforcement satu ratio n/wo lfpack/rovi ng patrols are conducted in periods of no fewer than 3 consecutive hours. The FDOT State Safety Office reserves the right to request a copy of any subgrant funded checkpoint After Action Report. ii.Mobilization Participation. All law enforcement agencies that receive impaired driving subgrant funding should participate in all NHTSA impaired driving moblizations for the following holidays and events: New Year's Day, NFL Super Bowl, St. Patrick's Day, Cinco de Mayo, Independence Day, Labor Day, Halloween, and the end of year holiday season. iii. Required Credentials for Impaired Driving Enforcement. Any law enforcement officer who takes enforcement action and receives compensation under an impaired driving subgrant must have successfully completed at least one of the following within the last five years: a. NHTSA/IACP 24 hour DWI Detection and Standardized Field Sobriety Testing (SFST)course b. NHTSA/IACP 4 hour DWI Detection and Standardized Field Sobriety Testing (SFST) refresher course c. NHTSA/IACP DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Development course d. NHTSA/IACP 8-hour DWI Detection and Standardized Field Sobriety Testing (SFST) Instructor Update course e. NHTSA/IACP Advanced Roadside Impaired Driving Enforcement (ARIDE) course f. Be an active certified Drug Recognition Expert (DRE) (e) Motorcycle Enforcement. No subgrant funds will be used for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. (f) Occupant Protection Enforcement. All law enforcement agencies that receive occupant protection subgrant funding should participate in all NHTSA occupant protection mobilizations for Click It or Ticket and are encouraged to participate in Child Passenger Safety Week and National Seat Check Saturday. (g) Speed and Aggressive Driving Enforcement. All law enforcement agencies that receive speed and aggressive driving subgrant funding should participate in the NHTSA Regional speed and aggressive driving moblization for Operation Southern Shield. i. Required Credentials for Speed Enforcement. Any law enforcement officer who is using a radar or Iasar speed detection system, must be certified in the use of that piece of equipment. 47. Public Service Announcements, Marketing, and Advertisements. (a) Closed Caption Requirement. All public service announcements produced with Federal highway safety funds shall be closed captioned for the hearing impaired. (b) Media Plan. All paid media reimbursed with subgrant funds shall contain a traffic safety message. In order to maximize the effectiveness of the paid media, when marketing or advertising is included in subgrant activities, it 21 Page 183 of 697 500-065-01 SAFETY 09/18 shall be done only in conjunction with proven, effective countermeasures, and when the message of the media is designed to call attention to those countermeasures. Before incurring costs related to the paid media, a final draft of the media and media plan shall be submitted to the FDOT State Safety Office for review. Media plans should include the following: i. What program/policy the paid media is supporting ii. How the paid media will be implemented to support an operational enforcement program whether it be a periodic crackdown/mobilization or an on-going saturation or roving patrol iii. The amount allocated for paid media iv. Anticipated creative costs associated with the paid media v. The measures that will be used to assess message recognition and penetration of the target audience. (c) Tagging. All subgrant funded public service announcements, marketing, and advertisements shall be tagged "Funding provided by the Florida Department of Transportation, or Funded by FDOT". "Brought to you by" or "Provided by" may also be used for this requirement. The name of the Subrecipient and its logo can appear on the paid media but the names of individuals connected with the Subrecipient shall not appear when paid for with Federal highway safety funds, unless otherwise approved by the FDOT State Safety Office. (d) Prohibition of Gifts. Contractual agreements for marketing and advertising which include communications, public information, and paid media expenditures shall not include gifts as defined by Section 112.312, F.S., which includes items such as tickets, seats, food, travel, apparel, memorabilia, etc., to any representative of this subgrant agreement or any of their traffic safety partners unless the item or service is regularly made available to the general public at no cost. 48. Public Information and Education Items. Public Information and Education Items are defined as materials whose purpose is to convey substantive information about highway safety. Paper, pamphlets, flash drives, CD-ROMs, and similar media that contain educational materials are all allowable because their purpose is to contain and convey educational information. In order to be considered educational, distributed material must provide substantial informational and educational content to the public (not merely a slogan) and have the sole purpose of conveying that information. If a Subrecipient chooses to provide educational content on a flash drive, CD-ROM, or similar device, that device must be an economical method of conveying the information. Before printing or ordering any public information and education items, a final draft or drawing of the items shall be submitted to the FDOT State Safety Office for review and approval. Requests should include the following: (a) What public information or educational item is being requested (b) What program/policy is the item supporting (c) Who the target audience is (d) How the item will be distributed (e) Estimated unit cost(s)for the item The FDOT State Safety Office shall provide written approval for reimbursement if the items are appropriate for purchase under this subgrant agreement. Copies and/or images of all public information and education items purchased with highway safety funds shall be attached to the forms requesting reimbursement for the items. Printed materials (tip cards, brochures, safety pledges, surveys, activity books, booklets, guides, etc.)can be freely distributed, however tangible items (helmets, DVDs, CD-ROMs, flash or thumb drives, reflective tape, etc.) require the person receiving the item to interact with the Subrecipient in some manner related to the goal of the project in order to receive the item. Interaction includes attending a presentation, signing a pledge sheet, filling out a survey form, answering a traffic safety question, etc. The results of this interaction must be reported in the performance report. Where feasible, either the Florida Department of Transportation logo or the words "Funding provided by the Florida Department of Transportation, or Funded by FDOT." Shall appear on or in all items. "Brought to you by" or"Provided by" may also be used for this requirement. The name of the Subrecipient and its logo can appear on any of the public 22 Page 184 of 697 500-065-01 SAFETY 09/18 information and education items. The names of individuals connected with the Subrecipient shall not appear on any printed materials, and advertisements paid for with highway safety funds. Per 2 CFR 200 and NHTSA Memo "Use of NHTSA Highway Safety Grant Funds for Certain Purchases" (dated May 18, 2016), Use of NHTSA grant funds to purchase promotional items or memorabilia is prohibited and therefore unallowable under this subgrant agreement. 49. Publication and Printing of Observational Surveys and Other Reports. (a) Review and Publication. During this subgrant agreement period, but before publication or printing, the final draft of any report or reports required under this subgrant agreement or pertaining to this subgrant agreement shall be submitted to the FDOT State Safety Office for review and concurrence. After this subgrant agreement period has concluded, Subrecipients may publish after providing the FDOT State Safety Office with at least a 15-day prior written notice. (b) Discussion. Both written and oral releases are considered to be within the context of publication. However, there is no intention to limit discussion of the study with small technical groups or lectures to employees or students. Lectures that describe plans but discuss neither data nor results may be given to other groups without advance approval. (c) Required Language. Each publication or other printed report covered by Paragraph 50(a)above shall include the following statement on the cover page: i. This report was prepared for the FDOT State Safety Office, Department of Transportation, State of Florida, in cooperation with the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation. ii. The conclusions and opinions expressed in these reports are those of the Subrecipient and do not necessarily represent those of the FDOT State Safety Office, Department of Transportation, State of Florida, and/or the National Highway Traffic Safety Administration, U.S. Department of Transportation and/or Federal Highway Administration, U.S. Department of Transportation, or any other agency of the State or Federal Government. 50. Safety Belt Policy. Each Subrecipient shall have a written safety belt policy, which is enforced for all employees. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. 51. Special Conditions. 23 Page 185 of 697 500-065-01 SAFETY 09/18 Part VI: Federal Financial Assistance (Single Audit Act) Federal resources awarded pursuant to this subgrant are as follows: CFDA Number and Title: ® 20.600—State and Community Highway Traffic Safety Program (NHTSA 402 Funds) ❑ 20.611 — Incentive Grant Program to Prohibit Racial Profiling (NHTSA 1906 Funds) ❑ 20.614— National Highway Traffic Safety Administration Discretionary Safety Grants (NTHSA 403 funds) ❑ 20.616— National Priority Safety Program (NHTSA 405 Funds) *Federal Funds Awarded: $25,000.00 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: 0% **Award is for R&D: No *The federal award amount may change with supplemental agreements **Research and Development as defined at§200.87, 2 CFR Part 200 Federal resources awarded pursuant to this subgrant are subject to the following audit requirements: (a) 2 CFR Part 200— Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards www.ecfr.gov Federal resources awarded pursuant to this subgrant may also be subject to the following: (a) Federal Funding Accountability and Transparency Act(FFATA)Sub-award Reporting System (FSRS) www.fsrs.gov Federal Award Identification Number(FAIN): FAIN Award Date: 24 Page 186 of 697 500-065-01 SAFETY 09/18 Project Title: Boynton Beach Speed and Aggressive Driving Program Project Number: SC-19-13-02 FDOT Contract Number: G1112 IN WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of this Agreement that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials on the day, month, and year set out below. SUBRECIPIENT (For FDOT Use Only) By. Signature of Authorized Representative STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Name: Lori LaVerriere Authorized Representative's Name Printed By. Title: City Manager Authorized FDOT State Safety Office Representative Authorized Representative's Title Printed Date: Date: Date Signed Date Signed Reviewed for the Florida Department of Transportation: IMPLEMENTING AGENCY By: By: Signature of Authorized Representative Authorized FDOT Attorney Name: Michael G.Gregory Authorized Representative's Name Printed Date: Date Signed Title: Chief of Police Authorized Representative's Title Printed Date: Date Signed NOTE: These signatures are the only recognized authorized representatives for this agreement, unless delegation is granted in writing. 25 Page 187 of 697 6.G. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Authorize the payment of$29,500 to PBC Law Enforcement Exchange of West Palm Beach, FL, for the cost of SmartForce software as a sole source vendor. The first year cost is to be paid from the Federal Forfeiture Trust Fund account. EXPLANATION OF REQUEST: As a professional organization that seeks to use best industry practices, deployment of this software will enhance our accountability in the following ways: • Alerts can be sent to all supervisors of key incidents, operations, officer safety precautions, and administrative announcements. • Key shift briefing notes, trainings, and assignments will be shared on an electronic bulletin board. • Prolific offenders, missing persons, and other photo and video libraries will be organized by the software and available for easy access and searching. • Homeowner associations, apartment and hotel managers, as well as community partners can share information. • The community can make requests/complaints for house checks, suspected drug activity, etc. making it easy for supervisors to respond to these community needs. Crime reduction and community engagement are high priorities for the Police Department. When Palm Beach County's Law Enforcement Exchange, a regional data-sharing platform, introduced this product to the Police Department, we then sought to procure funding for this platform. In addition to creating electronic processes to more effectively streamline tasks and intelligence sharing, the software offers robust opportunities for community collaboration. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This program will allow the Police Department to more effectively use our resources in the most productive way. Every officer in the department will have access to the system and can conduct intelligence-led policing initiates. Additionally, the software will enable bilateral communication between the department and community during non-critical incidents and will also track the interactions in a searchable database. FISCAL IMPACT: Non-budgeted The price for using the software is$29,500.00 annually. This price includes on-site training after which the Command Staff will be able to train their staff on the system. This will be paid out of the federal forfeiture funds account 691-5000-590-04-22 which has a current balance of $184,419.29. Subsequent annual costs will be budgeted in the departmental budget. ALTERNATIVES: Do not purchase the software. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 188 of 697 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Law Enforcement Exchange START DATE: 12/1/2018 END DATE: 11/30/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: No EXTENSION EXPLANATION: ATTACHMENTS: Type Description D Memo Memo to C D Sole Source Letter SmartForce Sole Source Letter D (quotes SmartForce (quote D Exhibit SmartForce Information Page 189 of 697 r Lori LaVerriere Michael Gregory - TO: City Manager FROM: Chief of Police REF` SmartForce Purchase DATE: October 29,2018 Florida statute 932.7055 (5)(a)mandates the following regarding federal forfeiture funds: If the seizing agency is a county or municipal agency,the remaining proceeds shall be deposited in a special law enforcement trust fund established by the board of county commissioners or the governing body of the municipality. Such proceeds and interest earned therefrom shall be used for school resource officer, crime prevention, safe neighborhood, drug abuse education,prevention programs, or for other law enforcement purposes,which include defraying the cost of protracted or complex investigations,providing additional equipment or expertise,purchasing automated external defibrillators for use in law enforcement vehicles, and providing matching funds to obtain federal grants. The proceeds and interest may not be used to meet normal operating expenses of the law enforcement agency. Commission approval will be requested to use Law Enforcement Trust Funds to purchase software to improve the Police Department's communication, accountability, and effectiveness. As a professional organization that seeks to use best practices, deployment of this software will enhance our intelligence sharing for crime reduction strategies and employee accountability through a single platform. It should be noted this donation fulfills both our legal obligation under Florida State Statute 932 and the strategic intent of our department mission. This purchase should be drawn from account 691-5000-590-04-22 (Law Enforcement Trust Fund). The current account balance is: $184,419.29. This is a one-time expense and the recurring membership will be absorbed in the department's operating budget. Page 190 of 697 SMARTFORCE SmartForce T" Adventos Corporation Sole Source Statement Remittance Address: 5600 South Quebec Street,Suite 310D -Greenwood Village,CO 80111-USA AdventoSTM Corporation is the Sole Source Provider of the SmartForceTM Agency Management System Web: www.adventos.com AdventoSTM Corporation is the sole source vendor of SmartForceTM Agency Management System software product that includes SmartIntel,SmartlA,SmattAdmin,SmartCommunity and BulletinWizard by SmartForceTM. It is the first and only of its kind to combine support for the administrative functions, patrol operations,investigations, crime analysis,bulletins,and community policing efforts of law enforcement agencies. SmartForceTM products have been created by AdventoSTM and can only be purchased directly from Adventos. In addition,AdventoSTM is the sole source provider of technical support for SmartForceTM SmartForceTM is patent pending at the U.S.Patent Office. SmartForceTM is a trademark of AdventoSTM and the SmartForceTM source code is copyrighted. AdventoSTM is constantly keeping aware of software applications that may compete with SmartForceTM and their feature sets. Many of the features and capabilities of SmartForceTM are to our knowledge not shared by any other competing information sharing platform,internal affairs platform,administrative platform,or community-oriented law enforcement platform.These include,but are not limited to: SmartIntel Module 0 A unique CJIS compliant solution that is responsive,mobile,and real-time. SmartForceTM can be securely accessed by any mobile device. 0 SmartForceTM incorporates a user-friendly interface familiar to users of Microsoft Office products. 0 SmartForceTM alerts command, supervisors,officers,and analysts of key incidents,operations, officer safety precautions,and administrative announcements. 0 SmartForceTM provides key shift briefing notes,trainings,and assignments on an electronic bulletin board. Officers can quickly see items they Missed while off-duty and before coming onto shift so they are prepared and directed for success. 0 SmartForceTM organizes prolific offender,missing persons,juvenile,gang,and other photo and video libraries for easy access and search. www.adventos.com 1(303)800-5040 1 info@adventos.com Page 191 of 697 (S)f SMARTFORCE' O SmartForceTM includes a pdf searchable repository of crime pattern bulletins,officer safety bulletins, and other BOLO'S used to conduct intelligence-led policing initiatives. O SmartForceTM accounts for missions, deployments,and ops conducted with real-time posts and updates. Hot-spot,CompStat,Problem-oriented Policing,and other initiatives can be managed through SmartForceTM with ops plans and updated in real-time with officer responses. O SmartForceTM manages tips and leads as well as major case management. Tips can be assigned and tracked to completion for greater levels of accountability. O SmartForceTM provides secret and secure collaboration workspaces for investigators,district attorneys,and state/federal partners to collaborate. SmartIA Module O SmartForceTM can be configured to meet each agency and jurisdictional policy needs and to include appropriate language from the agency's use of force,complaints,commendations,and pursuit policies. O SmartForceTM supports mobile entry and management of use-of-force,complaints, commendations,and pursuit incidents from the field as well as attaches body-worn camera video,photos,and other evidence to each report. O SmartForceTM includes a clickable body-image to capture and easily depict the force contact points. O SmartForceTM accounts for de-escalation techniques and provides a reporting mechanism on incidents that occurred with and without de-escalation. O SmartForceTM displays the chronological order of escalation and de-escalation from start to end of the incident instead of supervisors having to determine through the reading of a narrative. O SmartForceTM routes IA reports through the chain of command with review and approval functions. O SmartForceTM alerts supervisors of reports that require their review/approval and provides tracking of which supervisor in the chain the report is currently waiting for review and approval. O SmartForceTM includes reporting and search features that make year-end analysis and freedom of information requests easy to complete in minutes not days. For example,custom reports are easily produced in seconds with the touch of a finger when asked the number of incidents in which a CED was used, the number of incidents involving a particular race,the number of incidents that involved an officer injury,and many other variables of interest. SmartCommunity O SmartForceTM coordinates and provides real-time updates and management of Special Events at professional sports venues,protests,concerts,and tourist events. O SmartForceTM allows for neighboring jurisdiction agencies,business owners, schools, homeowners associations,apartment and hotel managers as well as other community partners to www.adventos.corn k(303)800-5040 1 info@adventos.com Page 192 of 697 SMARTFORCE' share information in real-time all in a CJIS compliant environment. This secures the information,makes it searchable for future needs,and improves response tunes vs. using email. O SmartForceTM manages community requests/complaints ranging from house checks, speeding traffic, suspected drug activity,etc. making it easy for supervisors or command staff to report the activity and responses to these community requests/complaints. SmartAdmin O SmartForceTM allows an agency to convert from many paper processes to electronic processes to more effectively and efficiently streamlining common administrative tasks. O SmartForceTM includes a policy library and the tracking of new and revised policies that must be acknowledged by officers and supervisors throughout the organization. O SmartForceTM alerts officers via e-mail when a policy needs to be reviewed and acknowledged with their electronic signature from any mobile device. O SmartForceTM supports mobile entry and management of Field Training Officer and Police Training Officer documents. Trainers and recruits can easily select drop-down boxes,write narratives,and attach photo or video training to daily observation reports,remedial recommendations, and end of phase reports. O SmartForceTM includes a robust Quartermaster inventory program that tracks everything from laptop computers to guns and other equipment noting if the equipment is in-service or out,who it is checked out to, condition of use, etc. O SmartForceTM includes a Form library in which the most recent forms are stored to prevent officers from using older draft versions and to help officers access necessary forms faster. In addition to our many features that are simply not available through other software solutions,we offer User Conferences and additional Training and Software Support and Professional Services (Adventos Assurance(D)packages to ensure that your agency receives the level of training needed to gain the most return on your software investment. At Adventos,we aim to help you work smarter,not harder in the pursuit of making the world a safer place. For more information about our products, features,or company,please contact us at(303) 800-5044 or tt�ti�veadventc�s.cc7m. ............................ ......... Mariano Delle Donne www.adventos.com I(303)800-50401 infer@adventos.com Page 193 of 697 kF) SMARTFORCE' Founder and CEO—Adventos Corporation 303-800-5037 www.adventos.com 1(303)800-50401 info@adventos,com Page 194 of 697 � u*/1: /wvu/U:;; uperat ons uj BLOM Mi Pel CO3reprMEMEM"M ra/nmueacnLounlyLaw tn/orcememotxcnange boyntonmeacnPolice Department POBox 1315 1OOE. Boynton Beach Blvd. West Palm Beach, FL334OJ Boynton Beach, FL33435 LL l L t I f I F 11111 Poll ilitilililitilill 11111� (Due i/i/zuiq) 7 Subtotal 29,500.00 Taxable Authority: Date: TOTAL $ 29,500.00 Paid infull annount:$ To: PGCLEX |ncare of:Treasurer Hal Hutchins Page 195Of697 SmartForceTM Page 1 of 12 The Platform 0 0 Innovativo Policing CONTACT US STT YOUR DEMO SolutionsOne Place, Many Times have changed, and your departmento s smart tools that connect to eachr and the communities u . Using SmartForce TM s your one- stop-shop a r department is efficient. a l s belowi ur r own SmartForce TM solution. https:Hsmartforce.app/ PhW45� &697 SmartForceTM Page 2 of 12 Smartintel martlA SmartAin SmartC )munity https://smartforce.app/ PhW95f l8f 697 SmartForceTM Page 3 of 12 Work on your Terms Your SmartForceTI solution is designed to serve you. Whether you are in the office, on the go in your patrol car, or with your mobile device in the community, SmartForceTM performs where you need it, when you need it. LIBBER1 Y POLICE - Home q ao-a-. ,,";,:.tel ec ui>vWChlltl®Frrmmusywmpyeepv„q._ _. .... V.vilmk.' C YM�lfkr- sdn v Jt+RaC;omm4.�.a* sur:»,�.a,t�+eR�mew-u ,.va ��+sas Dxwwtc 8 yv✓"°51 Feems � �'�'= .tea. �e+y.a..w.wwaaw. _,, aar:a aw :, n�•d( urpyv,wa 0 �x. -.. LeBE5T4POLICE 4.'6CN.ewa[rKba•n�nv.. Communicate and Share in Real Time .-W+*m.wwau P.sem^Cx.ra Ee « . w c.sur 4 ••. .` _. •lkrwns Ruewe s f 3 Fast track the important work you do with real time communication. With SmartForceTM you are putting the no--t up to date information in the right hands, at the right time whether yc e in the field or at your desk. Good communication makes for seamless n collaboration and enhances officer safety, to "know before you go". https:Hsmartforce.app/ PIWa5IZ8 V 697 SmartForceTM Page 4 of 12 WWI 04ah5E 'TEW is "at ASSURANCE SWE FOLLOW By Pe,1.djPnBct May 9 Reply Edit ... By PeridlPuson C.r.nn,rflty ReqUagis, Category/Assignment All replies A,signrnPnt/C.teyyEry OldeSt Newest Operations uscusstons I Brian McGrew opt.Reports 1 did,5 Minutes of directed pairof at the HES,Made I consensual contact A—VZones, May 21 Reply Edit ... Crime Types D.r—i..Types Brian McGrew Mid d;,---1-I. SIG Indd-k Borzois May V Reply Edit Call/Wde,ot Types missknq P..., Mariano Delle Donne Photos 711 Minot,%of diverted patrol Person of Pre—t May X Reply Edit ... Things Of Interest Trespass Be.Offender qed by Robert Smi JA Reply Decep Stearch Your days of sifting through emails are over. Find the information you need to solve crimes faster with SmartForce's ability to search all data in one place. https:Hsmartforce.app/ PhW951'W18f 697 SmaftForceTM Page 5 of 12 LIBERTY POLICE Command, Ope,riti— Districts Administrative Community air USA Search Result type Auto Burglaries Image Results found in Homer Preference for results in English PDF Web page Auto Burglaries There is an Increase in auto buinglarlike;in the Cypress band sub division Author ad"ntosl.sharepoint.cm/sitesl..4hiftBriefing/DispFormaspx?ID=1 I.Inin Tci Auto burglaries Jim Z.Pap., UNIT 444-444-4444 CRIME HOT SPOT-BURGLARIES Bulletin 123 Date Released:Date Amended Date Updated Zone 21 Area 23 AUTO BURGLARIES Number of Incidents Date Range Time John L Karmue—ti Range_ tuiri,ma Quiroems adventoslshorepoint.com/sitm/..JFo VoispForm.espx?ID=12 SHOW MORE Operations-Shift Briefing Multiple home burglandies in Parker Station No 5/l/2018_spofurrLB62-18041 Medium..Auto Modified date Burgurin No 5/3/2018-spofunt-662_18NI Medium District I adventissl3harepoint.cont/sitesl/Lists/ShiftBriefing/AlIfternausslux — BMV Fitness Centers 0-Wor Ago Tod., Auto 8u des-6 Inciderth o Unlocked/No signs of forced entry...bat or similar object)HOT SPOT-AUTO BURGLARIES/VANDALISM Sur Bridgeport Drive Area-Zone adventosl shorepoint,COWS!tW..,/HotSpotAutoBurglaries2277.pdf All Colorado 2015 POST Manual Colorado Department of Law Criminal Justice Section,POST Board Ralph L.Carr Colorado Judicial Center 1300 Broadway,9th Floor_Whatever I see or hear of...Auto Industry adnntasl.shorepoint.com/sitesl..JColorado 2015 POST Manuti Night Shift? We have you covered Using a palette of dark tones your display emits less light keeping you safer while on patrol day or night. Go on, give it a try below. M -77 https:Hsmartforce.app/ Pla-flg'g 5M 8f 697 SmartForceTM Page 6 of 12 Your Work is Safe You keep our communities safe, your data and information should be safe too. SmartForceT" is a CJIS Compliant solution with security like Fort Knox. Work with confidence knowing your data is protected from cyber threats. Our Community https:Hsmartforce.app/ PlWa5gZ I16f 697 SmartForceTM Page 7 of 12 John A. Jackson Chief of Greenwood Village, CO, Police Department "Anyone in law enforcement knows one of the largest struggles is with organized and connected operational communications. Our implementation of the SmartForceT" platform allows for the integration of a common communication and searchable database of technology onto one platform. We are using SmartForceT" to connect our operations to the data that we generate at levels we had only previously imagined. As we move to the integration of even more organizational options of SmartForceT", we are finding that having only one tool creates a virtual force multiplier effect with our enhanced resource deployment strategies." https:Hsmartforce.app/ PhW9-NQ18f 697 SmartForceTM Page 8 of 12 Jack Cauley Chief of Castle Rock, CO, Police ilk, Department "SmartForceT" has improved our organizational communication and effectiveness by providing a "one stop shop" for all of our police related systems. As a data-driven, intelligence-led organization, SmartForceT"^ has enhanced our ability to address public safety issues in our community while simultaneously adding a layer of accountability. As a police chief, having access to critical departmental information on a mobile platform is invaluable. The SmartForceT" team has been extremely responsive as we built and launched the product." https:Hsmartforce.app/ PhW4-WOJ8f 697 SmartForceTM Page 9 of 12 " Chris Skinner `4 Chief of the Richland, WA, Police Department "SmartForceT" allows a supervisor to pull together an entire squad regardless of location, share information with them, and allow them to share information with each other in the field. This dramatically increases effectiveness" John Bolduc k Chief of the Port St. Lucie, FL, Police Department "SmartForce"' has enhanced our communications throughout the department resulting in better delivery of intelligence as well as increasing the accountability factor critical to our crime reduction model. On top of this, we had an enjoyable software deployment experience that was well-above any other we have had to date." https:Hsmartforce.app/ P*g-'�N18f 697 SmartForceTM Page 10 of 12 Dr. Rachel Boba Santos Department of Criminal Justice, Radford University "SmartForceT"" is an invaluable software tool to facilitate communication and accountability for crime reduction within Stratified Policing. It allows the sharing of evidence-based strategies implemented by all members of the agency from police officers to the chief and archives response data to be used to assess individual efforts as well as evaluate the agency's crime reduction effectiveness." https:Hsmartforce.app/ P*95M&697 SmartForceTM Page 11 of 12 t` Dr. Roberto Santos Department of Criminal Justice, Radford University "Police leaders cannot underestimate the importance of organizational communication when it comes to crime reduction and addressing quality-of-life issues. With SmartForceT"", police leaders are able to easily hold their rank-and-file accountable for the crime reduction work they do as well as encourage transparency and communication throughout the organization. The intuitive technology allows for streamlined communication among the ranks, units, and divisions guiding the organization to collaboratively address common crime reduction goals and quality-of- life concerns, to search prior strategies used, and report out activity at accountability meetings that all supports Stratified Policing." Products Community Company https://smartforce.app/ PhW95IM8f 697 SmartForceTM Page 12 of 12 SmartForce TM Deployments About Us BulletinWizard Customers Blog SmartCity Partners What's New SmartFire Intelligence Contact Us Smart365 Collaboration Subscribe to receive newsletters SUBSCRIBE https:Hsmartforce.app/ PIW41�01&697 6.H. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Approve extending the time period of a the bid for "Custodial Services for City Municipal Buildings and Facilities," Bid No. X078-2511-13/JMA, with Image Janitorial Services, Inc. of West Palm Beach, FL, effective December 2, 2018 for a period not to exceed six months. EXPLANATION OF REQUEST: Interim Time Period: December 2, 2018 thru no later than June 1, 2019 The City of Boynton Beach is currently in the last renewal period of bid with Image Janitorial Services for the purpose of providing high level custodial services to City municipal buildings and facilities. The current bid will expire on December 1, 2018. In order to secure a janitorial company prior to the expiration of the current renewal period, on October 11, 2018, the City advertised a new bid for these services. On November 1, 2018, the City opened and evaluated five (5) bids. During the evaluation of the bids submitted, Purchasing became aware of formatting errors and ambiguities in the electronic price sheet and, determined that in the interest of fairness to all bidders, it would be in the City's best interest to reject all bids submitted, revise the bid sheet and resolicit the bid. Purchasing has requested that the incumbent, Image Janitorial Services, Inc. (Image) extend the terms of their bid for a period not to exceed six months so that staff may resolicit and award a replacement bid. Image has agreed to extend the current bid at the same prices, terms and conditions from the original 2013 bid. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? It will allow for continued custodial services at various City facilities. FISCAL IMPACT: Budgeted Budgeted; Continue at existing pricing levels. ALTERNATIVES: Not approve extension. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Page 208 of 697 Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment INTERIM INTEREST- CUSTODIAL SERVICES Attachment ORI OI NIAL BID AWARD ® IMAGE JANITORIAL D Attachment ORIGINAL BID AWARD ® IMAGE I D SUBMITTAL Page 209 of 697 The City of Boynton Beach Finance/Procurement Services P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone No:(561)742-6310 FAX:(561)742-6316 November 7,2018 Timothy B.Wilson, President IMAGE JANITORIAL SERVICES, INC. 814 141h Street Lake Park, FL 33403 VIA EMAIL TRANSMITTAL TO: twilson@imadecompanies.com RE: INTERIM CONTRACT FOR"CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES"; CONTRACT NO.X078-2511-13/JMA Dear Mr.Wilson: The Contract for"CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES" expires December 1, 2018. As you are aware,the City has issued a solicitation with the intent to replace this contract; however,we have discovered some ambiguities within the solicitation and, in the interest of fairness to all bidders, intend to reject all submittals and reissue the solicitation. The purpose of this letter is to determine your desire to enter into subject interim Contract No.X078-2511-13/JMA under the original pricing, terms and conditions of the current Contract No. 078-2511-13/JMA. Interim Contract No.X078-2511-13/JMA shall commence on December 2,2018, and shall continue on a month-to-month basis,for a period not to exceed six months or until a replacement contract is established, whichever is soonest. Please sign in the space provided at the bottom of the page indicating your desire to enter into Interim Contract No.X078-2511-13/JMA. If you are interested,your signature will serve as an acknowledgement in accepting the offer to enter into Interim Contract No.X078-2511-13/JMA. The signature must be from an authorized representative or officer able to bind your company. Your response should be received in Purchasing Services no later than five(5)business days from date of this letter. Failure to respond will be deemed as tacit evidence that your firm is not interested in entering an Interim Contract. For further information, pl ase contact Ilyse Triestman, Purchasing Manager at 561-742-6322 or simply email back this form t . riestmani(c�bbfl.us or fax to 561-742-6316. Check one: We accept your offer to enter into Interim Contract No.X078-2511-13/JMA Under the original pricing,terms and conditions of Contract No. 078-2511-13/JMA For the period identified above. ❑ We dotlnot wish to enter into an Interi ntract.10 iYr0-� NA a TITLE SI NA I URE DATE L Cwt" /tllC� c71"d( MP Y NAME America's Gateway to the Gulfstream Page 210 of 697 7. BIDS AND PURCHASES OVER $100,000 November 5, 2013 ILATY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION INovember5, 2013 ❑ OPENINGS ❑ I PUBLIC HEARING ❑ OTHER ❑ CITY MANAGER'S REPORT ❑ ANNOUNCEMENTS/PRESENTATIONS ❑ UNFINISHED BUSINESS NATURE OF ITE ® ADMINISTRATIVE ❑ NEW BUSINESS AGENDACONSENT AGENDA LEGAL BIDS AND PURCHASES OVER$100,000 El FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITYCOMMISSION: Award Bid No. 078-2511-13/JMA, '7WO YEAR CONTRACT FOR CUSTODIALI IIL BUILDINGS AND FACILITIES"to Image Janitorial Services, Inc. of Lake Park, FL. The estimated annual expenditure is$242,098.44 plus$50,000 for additional services, unscheduled/emergency cleanings, and personnel background checks for the contractors staff for a total estimated annual expense of$292,098.44. This bid allows for two ( ), one(1)year renewals. BID AWARD PERIOD: DECEMBER 1 To DECEMBER ,2015 EXPLANATION OF REQUEST: The City contracts with a vendor for custodial services for various Municipal buildings and facilities as opposed to hiring City employees to perform this service. The existing contract expired September 30, 2013 and the City decided not to exercise its renewal option for an additional year. The current vendor agreed to extend the contract for 60 days to allow for a bid to be advertised, reviewed and awarded. On October 2, 2013, Procurement Services opened seven (7) bids from vendors. One (1) bid was determined to be non-responsive due to the lack of providing a Bid Bond as required by the bid. The City also received two ( ) no bids. The remaining six ( ) bids were reviewed and calculated by the Facilities Management Supervisor and references were checked by the Senior Buyer. The Public Works Department recommends awarding the bid to Image Janitorial Services, Inc. as the lowest, most responsive and responsible bidder who met all specifications of the bid. 299 of 521 Page 211 of 697 How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purpose of this bid is to secure the best, most economical custodial services contractor to clean all City facilities excluding the Golf Course and Utilities. FISCAL IMPACT: Funding has been budgeted in Facilities Management Account#001- 2511-519-34.10 for FY 13/14. ALTERNATIVES: Hiring personnel to clean as an in-house service instead of contractual is would include salaries, benefits, supplies, equipment, and vehicles. 300 of 521 Page 212 of 697 814 14" Street Lake Park, FI 33403-2354 -janitorial rvi tin r needs, exceedingr expectations It is our goalto provide exceptional services to all our clients. We call this goal"The Goal Standard" Image Companies strives to provide customers and employees a unique opportunity; a forward looking company with an emphasis on an old fashion idea: Service. We strongly believe in sect,high expectations, enthusiasm for life and strong family values. We believe these virtues bring out the best in everyone. Through a strong relationship `lt on communication and a commitment to these ideals. Image Janitorial,its customers employees will reap the benefits of the Gold . We began as a small family owned operated business in 1987 and have grown to be the multifaceted full service company we are today. Over the years we have established e our business model, we constantly refine and improve our systems and service by patient observation,rapid response to customer nee and y remaining open to customer and employee recommendations. Our goal of complete customer satisfaction has led us to increase our services to meet the ever ,Apanding needs of our customers. Image Companies responded withcertification through: BOMA—Building OwnersManagers Association BSCAI-Building Service Contractors Association International II -Institute of Inspection Cleaning&Restoration Certification There certifications gave us the knowledge and the tools to respondour customers requests with the level of service ey have come to expect from our company. Why Image Janitorial Services? Fervently Customer riven Your ope Management partner Ready to serve you instantaneously Utterly devoted to quality Leaders in ro ofindoor air qualityting sick building syndrome Locally owned e strongly people-oriented company If we are chosen as your service provider, Image Companies guarantees your facilities spaces will be -ought to the highest level possible,this will include implementing a thoro initial cleaning floor ices. Thank you for your time and consideration. e Companies looks forward to the opportunity of becoming your ility maintenance per in e future. Page 213 of 697 MANAGEMENT TEAM WORIGNG WITH THE CITY OF BOYNTON BEACH. 'im Wilson-25 Years Industry Experience,25 with Image Companies --tember of BOMA, USGBC, BSCAI Certified IICRC (Institute of Inspection, Cleaning and Restoration) - Commercial Janitorial Services, Water and Fire Damage Restoration, Carpet Care and Spot Cleaning, Odor Control 10 Years Industry Experience with Green Cleaning Daniel Perez-35 Years of Industry Experience, 17 with Image Companies Certified by BSCAT(Building Service Contractors of America and IICRC (Institute of Inspection, Cleaning and Restoration) 5 Years Industry Experience with Green Cleaning Bi-lingual (Spanish and English) Javier Morales—8 Years of Industry Experience, 4 with Image Companies Certified by Cleaning Institute in Janitorial Services, Quality Control and Green Cleaning Bi-lingual(Spanish and English) Yaneisy Valdes—Operations Administrator In charge of all facilities and the continuous support between City of Boynton each and Image Companies,in charge of proper communication and reports of complaints, service tickets, requests and any additional service from City of Boynton Beach. Guillermo Rosario-Accounting Irn charge of AP-AR;this contact person will be involved directly with City of Boynton Beach Accounts .tyle and Receivable and billing every month. Douglas Cion—Inventory Control In charge of supplying and maintaining all the cleaning equipment working properly,to be delivered on time to the jobsite,person in charge of filling up the Supply Request sent by our cleaning staff and or Supervisors and assuring delivery on time.At the same time while on the jobsite this person will inspect the janitorial closets to assure cleanliness, supplies and chemicals in order,MSDS onsite. Jorge Mendez; Rolando Dias; Estevian Georges; O'Neil Smith—Specialty Services In charge of traveling to City of Boynton Beach when a Work Ticket is issued with clear instructions to complete: carpet cleaning,VCT Floors strip and recoated; etc. All communication from client and Image Companies, Inc.will be conducted as follows: 1) Email from the client to CustomerService@Lmagecompanies.com . This email is delivered to the following persons at Image Companies, Inc. a) Tim Wilson Owner b) Yani Valdes Operations Manager c) Brian LaBadie/Account Manager d) Rene Rodriguez/Account Manager The contact will be within the next 30 minutes of receipt of the email to follow up via phone call with the client and to obtain all the details from the complaint or request. The Operations Manger will immediately create a Work Ticket in our Win-Team Software to document the request or complaint from client. This Work Ticket is delivered via email and in person to the Account Manager every day at 5 prn in the Operations Meeting held at the office and every ticket is Page 214 of 697 expected to be resolved every night and a follow up call or visit to the property is expected the next morning by the Account Manager. Work Tickets are also sent to the site Supervisors at the j obsite for its completion and every Ticket hast to be returned via fax every night to headquarters office with a signature of responsibility form the Supervisor acknowledging completion of the job. Page 215 of 697 BIDDER ACKNOWLEDGEMENT Submit Bids To: CITY OF BOYNTON EACH PROCUREMENT SERVICES 100 East Boynton each Boulevard P.O. Box 310 Boynton each, Florida 33425-0310 Telephone: (561) 742-6310 Bid Title: TWO YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES Bid Number: 078-2511-13/JMA Bid Received By: OCTOBER 2, 2013 NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: October 2, 2013, no later than 2:30 P.M. (local time) and may not be withdrawn within ninety(90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: e- C lecl;71�r;W (Seiloicej Vlo 7 Federal I.D. Number: 6 0,2438 - ' A Corporation of the State of: Area Code: Telephone Number: Area Code: J FAX Number: Mailing Address: City/State/Zip: Rvr-f46, 33VO3. Vendor Mailing Date: % -111,3. Authorized Si nature Name Typed City of Boynton Beach 25 Bid No.078-2511-13/JMA THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 216 of 697 STATEMENT OF BIDDER'S QUALIFICATIONS Each Contractor bidding 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 bid document. Failure to comply with this instruction may be regarded as justification for rejecting the Contractor's proposal. attach additional sheets giving the information 1. Name of Bidder: tl-lnye jc—,eeV'�d 6vuko 61"' c- 2. Business Address: elq Iq 6 ,s-r e Ark 33qO3 3. When Organized: TUAX- 4. Where Incorporated: --;?!--[0,r;d0,. 5. How many years have you been engaged in the contracting business under the present firm name? 03 Vif",5. 6. General character of work performed by your company. - &-rac&- 7. Evidence of possession of required licenses or business permits will be attached to Statement of Bidder's Qualifications. 8. Number of employees. 0�z 9. Background and experience of principal members of your personnel, including officers. 10. Bonding capacity. DLIIIRA- 11. Have you ever defaulted on a contract? If so, where and why?* AX. City of Boynton Beach 26 Bid No.078-2511-13/JMA ISP TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 217 of 697 12. Experience in performance. Project $Value Contact Name Phone 0 0 # Rd -K elo6 W-NV9) 11 e Ak S -14 w 4 tc, c 4d-11 I" 7��--ka-rjc)Axd,k RoAe, tvcde &6Ae R.-2g-,n-?Oc) P010 C106 90CfAkl�V. f UL4, Q 13. Contracts on hand. 14. Largest completed proj! ts (tinclude final cost). J 1 2) IVi)Ln&VG",;�y CU— �6,n44 if 432 k, V--- V 3) A R0,6J-t 15. List all lawsuits or arbitrations to which you have been a party; 2) occurred within the last five years: AJ174 3) provide case number and style: * to at: this12�'d 20 ay of By: ritten ignature) , kJ Name: (`Illilln�u t- W (printed or npibd) Title: OM61 . City of Boynton Beach 27 Bid No.078-2511-13/JMA THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 218 of 697 fi 1, A,N a N P.O.Box 3353,'West Palm Beach,FL 33402 353 **LOCATED AT** 1] '71rgjr NfF)r T:x cep tFca0a www.taxcollectorpbc.com Tel` 561 355-2272 5rA rr. iPes�?�r,.�py t s>rz:.rF,a P f ) 814 14TH STREET LAKE PARK, FL 33403 TYPE OF BUSINESS OWNER CERTIFICATION# RECEIPT#/DATE PAID AMT PAID BILL# 56-0007 CLEANING SERVICE WILSON TiMOTHY I B12.553094-08/14112 $33.00 840013412 This document Is valid only when receipted by the Tax Collector's Office. STATE OF FLORIDA PALM BE ACH COUNTY, 1 LOCAL BUSINESSRECEIPT B3-23 IMAGE JANITORIAL SERVICE INC LBTR Number: 200218449 IMAGE JANITORIAL SERVICE INC EXPIRES: SEPTEMBER 30. 2013 814 14TH ST This receipt does not constitute a franchise, LAKE PARK, FIL 33403-2354 agreement,permission of authority to perform the services or operate the business described herein when a franchise,agreement or other county commission,state or federal permission of authority is required by county,state of federal law. 1�1 City of Lake Worth 1900 2nd Avenue North ®�oR191" Lake Worth, Florida 33461 USINESS NUMBER: 0020579 r ' USINESS NAME: IMAGE JANITORIAL SERVICES,INC USINESS ADDRESS: DOINGS IN,LAKE WORTH FL 33460 Lt SIFICATION 96WW�kEGULATION CERTIFICATE, COMMERC.IAL CLEANING SERVICES EXPIRES SEPTEMBER t 2013 44, (s1\, t_r.. , N x,r.�� r ,.",I>' , ,l tFS ti „.S4{p+t �i t 1,( a"i%n t bf;t,,, -_ a_�+.,:�\ ,,tR..,. ) !, .,�� ,: •. , �r .3 1}i1 \ " ',•rr ,f�,r,,,, , :r„11 r...u\ )) S;F��s�'�, ,t,.� j S r 1, ,,� r,u, \.., 1S„'I'o..;: ,{3I,1 lte � ,t \, r ,,s 1 t+ � \)x,1,,1,�, •,t:”-� ,4,,.\,,, 5 \,.� ��� )����i .0 � .�=x�, �, �r, /�I(� ,rt4s a}t.,t� V ,S i't� , :i,'" ',1S\ 4) ?tti,{t 4'r 11 7 as a ,- �p L7 . 1�. �-, i d.,, t L`X IYeS°�,.5`F..pT,Fi' .:;: 4 11ZE 30 � .... 2 1 > !, t)1 } , .. \r �... .� _S :_ -.n ,.. _ a a,. rr.. i _��,-.�,:� A�. •„ ,-.u,�..v, - 1. / � S, _..�� t. ? � ..:.i 7, t� t. -� .,. ._ ,. } ��� ,.,,� _..s � �l\r,•f r � t�...4.r1 `�,5,.�r r n,.. ,i t,,>rm «rs _a .__ r.,,,. , ) f •_ s .tit__ 1 �r r� � _ 4r _ 1 ,4. ) _ r , , . a ._ _1,_� �_. . � ,�t�`,,. 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NI�C?RIAI�SERVI;CES ;;,1. , . rlr ';4r4�)l4t,l;:, j dl 1r, •( •,1 M 14 r n� i)ft���t,�rJ3 till rr tis! Sfp �ix S�{i 1 )�ti, it� i lfl f„ t r r},, '.•-r a I .GEJ TORIAUS RVZQES - d �,. t 4.t4 �, l,.t, tIiSt l t \U 11 �r1}t4, l � a }4 �. ,,y .7 !?2 y, „,.,r•} 1lI),,. •,;rvt „4t� �4 r;)7y 1113 uti I':,r4 1 T !{.......... T�7� , •• �, ,it, i��r.7F�1�1J 1.?E �. r• � i} Sli irt$,1 y�iSt�i� ,,S{-.:;t itrl}��}l�tr iS- �{�1��!'�,'�A4 It s�l,t�4i si �tti t;,ttlS�tr.3 ){ }n�4r !St 4)4 z"` !„ it , v t', A'4,` 11{1 1t�t, ! r H Ors{a(v=2 t t „gin �, t�•,t. n1J /4�.tX , „y 11 t{, 4r.,Srt s s ,V�tr i c. t � 4,' �`,t h } iri 14. { tSl ;,l ,r,h.L�N2��S1,,,)?: S 1} ;iir}�.i ,:,, ,.1, •},„ tt ,4 U \„t. t„) 1!, \t4,v�.,, 4 Sr \f). 4t r,,)i ,,{r i i ,., �{�) ',;,t t <r,,r J �i,t•li .,?R tt4 4!(1.3,,1":� t { s7 1 ,a- Phone (561)`746 51;34 4„ , t. _-- - ----- ----'-- --- -- - --- -- -- ' - - - -- —' Page 219Of 697 MIAMI-DADE COUNTY 2012 Ld&AL BUSINESS TAX RECEIPT 2013 FIRST-CLASS TAX COLLECTOR � MIAml-DADE COUNTY-STATE OF FLORIDA U.S.POSTAGE 14a W.FLAGLE�#ST, EXPIRES.SEPTu 30,?„0 3 PAID ,1st FLOOR MUST 1315 DISPLAYED AT'PLAGE OF BUSINESS MIAMI,FL MIAMI,FL 33134 P_ RsTOO COUNTY+COPD CHAPTER SA-,SRT_9&y 0 PERMIT NO.23 688981-1 THIS IS NOT A BILL-DO NOT PAY RENEWAL Bu A L SERVICES INC- RECEIPT NO. 716528-5 DOING BUS IN DADE CO o E GE JANITORIAL SERVICES INC Sect 8 BUSINESS EMPL3 / 0. THIS IS ONLY A LOCAL BUSINESS TAX RECEIPT.IT DOES NOT PERMIT THE HOLDER TO VIOLATE ANY REGULATORY OR ZONING T FORWARD ZONING LAWS of THE DO COUNTY OR CITIES. NOR DOES IT MWMPT THE HOLDER FROM ANY OTHER PERMIT OR LICENSE ED BY LAW.THISIS OF IMAGE JANITORIAL VICES INC NOT HOLDER'SCA- TIMOTHY B WILSON PS TIONS. 4 14 ST PAYMENT RECEIVED LAKE PARK FL 33403 MAM4=E COUNTY TAX COLLECTOR: 07/19/2012 60060000201 000225.00i b,!!I I1`r :r I3ieF:fis� i 7 1 SEE OTHER SIDE Page 220 of 697 DR-13 Ann ual Resale Certifica"Lm for Sales Tax R.10112 T! THIS CERTIFICATE EXPIRES ON DECEMBER 31,2013 DEPARTMEW OF REVENUE Business Name and Location Address Registration Effective Date Certificate Number 3E JANITORIAL SERVICES INC 10/07/92 60-8012136959-4 B14 14TH ST LAKE PARK FL 33403-2354 This is to certify that all tangible personal property purchased or rented,real property rented,or services purchased by the above business are being purchased or rented for one of the following purposes- • Resale as tangible personal property. - Re-rental as real property. Incorporation as a material,ingrecrient,or • Re-rental as tangible personal property. - Incorporation Into and sale as part of the repair of component part of tangible personal property • Resale of services. tangible personal property by a repair dealer. that is being produced for sale by manufacturing, - Re-rental as transient rental property. compounding,or processing. This certificate cannot be reassigned or transferred. This certificate can only be used by the active registered dealer or its authorized employees. Misuse of this Annual Resale Certificate will subject the user to penalties as provided by law.Use signed photocopy for resale purposes. Presented to: Presented by. (insert name of sailer on p otocopy) ate) Authortzed Signature(PuiFhasel (date) TOWN OF LAKE PARK WILSON, TIMOTHY B. LOCAL BUSINESS TAX RECEIPT No: 04783 (561)844-8778 535 PARK AVENUE,LAKE PARK,FL.33403 Date: 8/28/12 THIS TAX RECEIPT EXPIRES SEPTEMBER 30,2013. A Tax 49.35 P 814 14TH ST Y--"zlmlt� Penalty LAKE PARK FL 33403 Transfer Achv.cy: JA010 JANITORIAL-RES/COMM CLIENTS Total Paid 49.35 Issued to: IMAGE JANITORAL SERVICES INC 814 14TH ST LAKE PARK FL 33403 A TAX RECEIPT MUST BE CONSPICUOUSLY DISPLAYED AT BUSINESS BUSINESS TAX OFFICIAL Page 221 of 697 A D D E N D A CITY OF BOYNTON EACH FLORIDA BID TITLE: TWO YEAR CONTRACT FOR CUSTODIAL SERVICES BID NO.: 078-2611-131JMA se, � 2ok3. DATE SUBMITTED: We propose and agree, if this submittal is accepted, to contract with the City of Boynton each, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, 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 and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM DATE ADDENDUM DATE ota -/3 NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID City of Boynton Beach 28 Bid No.078-2511-13/JMA ISP TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 222 of 697 The City of Boynton Beach Procurentent SerWcev 100 E Boynton Beach Boulevard A O.Boz 310 ��'F y Boynton Beach,Florida 33425-0310 Telephone: (561)742-6310 FAX. (561)742-6316 ADDENDUM No. 1 September 18, 2013 BID TITLE: ICITY MUNICIPAL IL IFACILITIES I - 11- The following changes, additions, deletions, and/or information are hereby made a part of the BID for YEAR CONTRACT FOR CUSTODIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES". QUESTIONS AND ANSWERS 1. Throughout the majority of the buildings the current condition of cleanliness for the f floors, both carpeted and tiled, is substandard t best. Will the incumbent be required to bring the condition of cleanliness up to acceptable standards prior to contract termination, or will be awarded contractor be required to provide an intensive service of stripping, waxing, burnishing, and shampooing promptly upon receipt of your Notice to Proceed? Answer This vVill be addressed on a case-by-case basis by the contract administrator, Where necessary, additional services will be requesting and approved funding provided. 2. Will any pressure washing be required of breezeways, sidewalks, entrance areas, c.? Answer. No. 3. With new, updated T procedures being required y OSHA to go into effect by the end of this year, whata your requirements of the awarded contractor to provide certification and/or evidence of training to document OSHA compliance? Answer. Cert" cation of training will be requiredr each employee working on City Property. 4. Will the awarded contractor be required to provide anything other than sweeping and mopping the hardwood basketball court? Answer. No. Addendum o. 1 Page 223 of 697 Page 2 Two Year Contract for Custodial Services 5. With Police Dispatch moving to Fire Station 5 in January 2014, will the awarded contractor be able tonegotiate add-on services for the cleaning of this additional location? Answer. Thea in which the dispatchers will move into is already a part of the Administrative area of Fire Station 5 and is included in the bid documents. 6. Can you provide a copy of the sign-in sheets for the Pre-Bid Conference of September 9, 2013? Answer. The Pre-Bid Conference sign-in sheets were uploaded to Demandstar on September 9, 2013. 7. Are there any area that will require the level 2 background check other than The Police Station at City Hall, Police Annex at City Hall, Police Station#2, and Pistol Range offices? Answer: Not at this time. If you have any questions, please call Julie Alibrandi, at (561) 742-6310, Monday through Thursday from 7:30 a.m.to 6:00 p.m., or e-mail al US CITY OF BOYNTON BEACH Tim W. Howard Director of Financial Services Addendum No. 1 Page 224 of 697 Page Two Year Contract for Custodial Services ACKNOWLEDGEMENT OF ADDENDUM . 9 INVITATION TO BI SERVICESFOR A TWO YEAR CONTRACT FOR CUSTODIAL CITY MUNICIPALIFACILITIES BID .: 078-2511-13/JMA RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM " WITH BIDIN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. NAME OF COMPANY: � y PRINT4cx) ISIGNATU�E—O—F REPRESENTATIVE &pl DATE- . 1 Page 225 of 697 (DCUSTODIAL SERVICES REPORT Please email to Paula Leblanc in Facilities Management Building/Area: Contact Person/Extension: Date/Time of Inspection: CUSTODIAL TASK NOTES Garbage/Trash&Recycling (Daily) Paper&Soap Dispenser Maintenance (Daily) Floor Cleaning-Hard Floors (Daily/Weekly/Monthly/Quarterly/Semi-Annually) Floor Cleaning-Carpet&Mats (Daily[Weekly/Semi-Annually) Glass&Mirror Cleaning—Entranceways (Daily) Water Fountain Cleaning (Daily) Breakroom Cleaning (Daily) Restroom&Locker Room Cleaning (Daily). Custodial Closets(Daily) Elevators(Daily) Furniture Cleaning—Wipe Down(Weekly) Horizontal/Fiat Surface Cleaning(Weekly) Vent Cleaning(Monthly) PVC Blind Cleaning(Semi-Annually) Exterior/Interior Window Cleaning(Annually) Re—inspected by: Re-inspection Date: 32 THIS PTO BE SUBMITTEDL IT L FOR BID PACKAGE TO BE CONSIDEREDLT T L Page 226 of 697 ANTI-KICKBACK AFFIDAVIT STATE OF FLORIDA : SS COUNTY OF PALM BEACH ) 1, the undersigned hereby duly sworn, depose and say that no portion oft 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 n officer of the corporation. By: NAME- SIGNTURE Sworn anu cribed before this day of 120 Printed Information: NAME TITLE fTARY P_UB I State of Florida at Large L"Q,7e JO-N f, /qa/�' 611ced COMPANT 1AIM15Y VALOR NI'my ftk-a"of RWW Of C"ft bPbu Avg 7.n1@ COMMMON 0 EE 223140 "OFFICIAL NOTARY SEAL" STAMP 33 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 227 of 697 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of /0 riolo, County of a:&�R being first duly sworn, deposes and says that: c- 1) He/She i of 17 jne (Title) (Name of Corporation or rirm) the bidder that has submitted the attached is 2) He/She 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 oragreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for is 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 each 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 ands orn to before me (Title) RS/ e geThis day of 20 YANNY VALDES f Nowy ftft-Sta of RMW My commission expires MY OMM.EMMO AIM 7.2016 CwMkWB 0 EE 223140 1 gg 34 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 228 of 697 CONFIRMATION OF MINORITY OWNED BUSINESS This is 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 35 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 229 of 697 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 each 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 lies full i the above requirements. Vendor'I Signature 36 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 230 of 697 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palmeach County has the authority investigate and audit matters relating the negotiation and performance this contract, and in furtherance thereof may demand and obtainrecords testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands nd agrees that in additionto all other remedies an consequences rovi law, the failure of the Contractor or its subcontractors r lower tier subcontractors to fully cooperate it the Inspector General when requested deemedmay be the municipality to be a material breach of this contract justifying its termination. CONTTOR NAME E- Y w Title: Date: C>17 `" City of Boynton Beach 37 RFP No.078-2511-13/JMA THIS PAGE TO BE SUBMITTED CONSIDEREDTO BE LET ACCEPTABLE Page 231 of 697 U- 0 - h- 0 M LL J 02 J P LL Z3 zd 0 UJ LU LLJ a) r lLJ 1- _ ® a uj LU `.. gy .-. d' O 0 22 9L 0 w ILw I- `® N Q Q w CL z3 LU 0 ui LU ~w u d } ® O _ u LU o LL ® LLaW ~ a CV) CEL �- w o p: _ u 0 LU Ln z F- do o :=! a. < 04. LL LL W Co 0 F- ® r `. CO of a 1.0 f—Of w� m � cN d mC) ® I I � Z En I— im 2 � Page 232 of 697 w b y w L aEi o N v3 d Z Z +r O in N u U +- . C CL'E N B LL. v3N 3 +. E 9A ren ! L3b 4 cc 0'� � "'3 � Q u .c n �, < m u n 0 10 U ..® u '" A.ui d cE t 194 0 41 6.1, m u t; r w® >m V ®� , x UA IA 0 IE z 601 u *' z u r u 03 N r z uu Z' O U c c -• w° as u —� HUA ai > w o w a 0 LU _ zu w H 0 C T H r ti io v, o ,; fflq ® U • ,^ aur ELo ® O � ®n 3 y u, usU'c .. L L zE . m � mm ma0 ® O raH ® A 0, 00 ®L a' H ~ ~w ~ ` H = O u U .r v a) A60 ® o °0 0 o . 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O as P4 U om il Ln r Ob .2 z 0 8% In 0 'D 0 Z cn PR Page 239 of 697 ALL PRICES F.O.B. BOYNTON BEACH One Original and Three (3) Copies submitted (Yes/ o) 5% Bid and or Certified Check submitted. (Yes/ o) Statement of Bidder's Qualifications submitted. W (Yes/ o) Supervisors Qualifications submitted. (Yes/No) List of anticipated staff numbers, titles, and schedule of activities. (Yes/No) Contact name and phone number submitted. (Yes/ o) List of custodial materials, equipment, and productibran ds to be used. e_j (Yes/No) Site Inspection For _tsubmitted. eO (Yes/No)L Can provide $10,000.00 Blanket Bond upon and to cover (Yes/No) all of the contractor's employees. Copies of Licenses enclosed kPAJ (Yes/No) List of References with contact names, addresses, and (Yes/ o) telephone numbers. A 21uacfe Z641'�Ot;4 Servl�w COMPANY NAME' NATURE Aoq . PRINTED NAME 561- SOW-80��e --% 0 . -Cool LOW u14f L?-,' /wqec0Wj0ceCJ TELEPHONE E-MAIL ADDRESS v City of Boynton Beach 51 Bid No.078-2511-13/JMA THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 240 of 697 MANDATORY BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: IMUNICIPAL BUILDINGS AND FACILITIES BID NUMBER: 078-2511-13/JMA DATE: Beforelme, the undersignedt take acknowledgements personally appear;�._%. representativeas an authorized (hereinafter called the bi located at and that said bidder °sit the sitef the workispecifications for said project in detail before submittingi i . 1913 School' use Museum 141E Ocean.Avenue Amphitheatre Restrooms 1 i 141 E. _Oceanvenue ! Art Center 125 S.E.2�d Avenue Burton ar Restroom . 1110 N.W, 5th Street Boat Club Park Clubhouse 2010 N.Federal Boat Club Park Restroom Building 2014 N.Federal Boat Club Park Bait Shop/Guardhouse 2010 N.Federal City lChambers 100 E.Boynton BchIv East Wing @ Citylex 100 E.Boynton Bch Blvd / West Wing @ City Ran Complex r 100 o t c Blvd -1 City of Boynton Beach 29 Bid No.078-2511-13/J A THIS PAGE TO BE SUBMITTED CONSIDEREDFOR BID PACKAGE TO BE Page 241 of 697 Parking Garage @ City Hall Complex 100 E.Bo)TLoa Bch Blvd Police Sta.(a )City Hall Complex 100 E.Boynton Bcb Blvd Police Annex(Old FIre Admin.) @ City Hall Complex 0�- 100 E.B2ynton Bch Blvd Civic Center 128 East Ocean Ave. Congress Ave Park Tennis Ctr. Pro Shop and Restrooms 3111 S.C=s Ave. A Congress Ave.Park Barrier Free Playground Restrooms 3111 S.C':ongLvss Ave. Ezell Hester Park Community Center 1901 N.Seacrest Blvd. ............ Ezell Hester Park Office and Building by Courts See EIP Comm Ctr.) 1901 N.Seacrest Blvd. (I Ezell Hester Park Concession/Press Box Building (See EHP 1901 N. Seacrcst Blvd. Fire Station#3 Conrmunity'ii��m-and Public Restrooms Only 3501AN.Co Fire Station#5 Offices and Community Room Only a 0'0 Roa Eigklbdle d 1 _ - Galaxy Park Restroorn Building 461 1W.Boynton Bch Blvd. Intracoastal Park Clubhouse including - f at floor building apron and 2d floor deck 2240 N.Federal Hwy. Intracoastal Park Main Pavilion Restrooms 2240 N.Federal qmj. Intracoastal Park Restroom Bldg. 2240 N.Federal Hwy. Jaycee Park Restroom Building 2600 S.Federal Hwy. Library 208 S.Seacrest Blvd. City of Boynton Beach 30 Bid No.07 •-2.511-13/1 A THIS PAGE TO BE SUBMITTED ALONG W17H PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 242 of 697 Madsen Center See Contract Adminitrator 14 5 S,E.2nd Ave. s Mangrove Park Restroom Building 700 N.F.4"'Ave. Meadows Park Restroom.Banding 4305 N.Con&Tss Ave. Oceanfront Park HQ Bldg. 6415 N Ocean Blvd,Ocean Ridge Oceanfront Pk Restroom Bldg 6415 N Ocean Blvd,Ocean Ridge Oceanfront Park Pavillon/Changing ------ Rooms 6415 N Ocean Blvd,OceanLkje . Police Substation#2(Old FD2) 2210 S.Congress Ave. V I S Palmetto reens Park Restroom, ® 421 N.E. 13'h Ave. Pence Park Restroom Banding 400&E.?Ave. Pioneer Canal Park Restroom Building 848 N.W. 13'h Ave. Pistol Range Offices 3501B N.Congress Ave. Public Works#1 (PWI.) 222 N.E.9t"Ave. Public Works#2(PW2) 222 N.E.96 Ave. ®c Works#3(PW3) 222 N.E.9h Ave. Wilson Park— s Center 225 N.W. 12'h Ave. Willson Park— e Pool Building 225 N.W. 120'Ave. Sara Sims Park OfficelRestroom Building 20 l.N.W.9h Ave. Senior Center f 1021 S.Federal Hwy. City of Boynton Beach 31 Bid No.078-2511-13/JMA THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 243 of 697 ® DATE(MMI CERTIFICATE OF LIABILITY INSURANCE 9/18/2013 IS 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 IELO . THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED AEPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies y require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endo ent(s). PRODUCER CONEACT ria Rodriguez Insurance Express.Com PHONE Lac No (561)471-9813 FAX (561)471-9818 2005 Vista Parkway L .bsck @insur a ress.c Suits 200 INSURERM AFFORDING COVERAGE NAIL0 West Palm Beach FL 33411 (NsuRERA.Southern Owners Ins Cc 10190 INSURED INSURER ElAutO—OWn8rS Insurance Compenmy 18988 Image Janitorial Service Inc INSURER C:CNA Surety 814 14th Street INSURER D: INSURER E: Lake Park FL 33403 IN R F: COVERAGES CERTIFICATE U :CL139305625 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INS ADDL727,29546 P R POLICY EFF MPS POLICY LIMITS GENE LIABILITY EACH OCCURRENCE $ 1,000,000 COMMERCIAL GENERAL LIABILITY DA E TO RENTED $ 50000 CLAIMS-MADE ®OCCUR /1/2013 /1/2014 MED EXP(Any one person) $ 5000 PERSONAL&ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2,000,000 GEN°L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY PRO LOC $ AUTOMOBILE LIABILITYCOMBINED SINGLE LIMIT a�adeM 1,000,000 X ANY AUTO BODILY INJURY(Per n) $ ALL OWNED SCHEDULED 9698226600 /1/2013 /1/2014 BODILY INJURY(Per accident) $ AUTOSAUTOS NON ED pR®OPE� GE $ HIRED AUTOS AUTOS Medcel Mments $ 2 000 T-JUMBRELLA LUISOCCUR EACH OCCURRENCE $ EXCESS IJAS HCLAIMS-MADE AGGREGATE $ -DED RE I PI $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYE LIABILITY Y I N ANY PROPRIETORIPARTNERIEXSCUTIVE E.L.EACH ACCIDENT $ OFFICE EMBER EXCLUDED? ❑ NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOY $ If yy gibe under DESGrRIPTION OF OPERATIONS blow E.L.DISEASE-POLICY LIMIT $ C fiAlelity bond 60393963 /11/2013 6/11/2014 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VE ACORD 101,Additional Roomarks Schedule,If more space In ) CERTIFICATE HOLDER CANCELLATION 742-6303 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF BOYNTON BEACH ACCORDANCE WITH THE POLICY PROVISIONS. 100 E. Boynton Beach Blvd BOYNTON BEACH, FL33425 AUTHORIZED REPRESENTATIVE Maria Rodriguez/BECKr ACORD 25(2010105) 0 1988-2010 ACORD CORPORATION. All rights reserved. MMMUMd with pdfFactorytri ,7 Page 244 of 697 DATE(MMM CERTIFICATE OF LIABILITY INSURANCE 9/17/207.5 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 ES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED -RESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ORTANT: If the certificate holder is an ADDITIONAL INSURED. the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an andomemonL Astatement on this certificate does not confer rights to the certificate holder in lieu of such endo mant(e). PRODUCER UINIAGI NAME: SANDRA VESSECCHIA CAPRICORN COVERAGE INC PHONE NC,No, - FAX No):(561)499-3715 5180 N Atlantic Ave #121 k=-FJWL ADDRESS: . Beach, NKT Delray FL 33484 INSURER(S) AFFORDING COVERAGE NAIC/ INSURER A: FCBI 31259 INSUREDImage Janitorial . Service, INSURER B: 814 14th Street INSURER C: Park,Lake Fl 33403 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE N L POLICY NUMBER (MM DWYYY) (MMlDD)rK LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES(Ea omu ) $ ICLAIMS-MADE 0OCCUR MED EXP(Any ene ) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN°L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOPAGG $ PRElPOLICY JO- LOC $ AUTOMOBILE UABILIY F..a and $ ANYAUTO BODILY INJURY(Per $ ® AUTOS AU ED TOS BODILY INJURY(perms $ NED PROPERTY DAMAGE fS HIRED AUTOS AUTOS UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS—MADE AGGREGATE $ DEA I I RETENTION $ $ VIKRKERS COMPENSATION X I)g STATU- H- AND EMPLOYERS LIABILITY YIN TORY LIMITS ER MY N/A10644477 4I1j201 jl/2054 E.LEACH ACCIDENT $ 1,000,06-0— oFFIc BFR EXCLUDED? (Maridatory in NH) ny EL.DISEASE-EA EMPLOYEE $ 1,000,000 D RIPTIONunder OF OPERATIONS below EL DISEASE-POLICY LIMIT s 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Aftach ACORD 101,Addidahal Ronaft Schaduleif ffmaspace is required) TIMOTHY WILSON EXEMPT FROM WORK COMP COVERAGE. JANITORIAL SERVICES CERTIFICATE HOLDER CANCELLATION CITY OF BOYNTON BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 100 E BOYNTON BEACH BLVD THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN BOYNTON BEACH, FL 33425 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE t 0 1988-2010 ACORD CORPORATION.All rights reserved. ACORD25(2010/05) The ACORD name and logo are registered inaft of ACORD Page 245 of 697 THE AMERICAN INSTITUTE OF ARCHITECTS BID BOND KNOW ALL MEN BY THESE PRESENTS,that we Lmage Janitorial services, Inc. 716 Park Place, West Palm each, FL 33401 —(Here insert full name and address of!1 title J Contractor) as Principal, hereinafter called the Principal, and American Safety Casualty Insurance ,' n any 1515 CR 210 W. Suite 211 Jacksanville, FL 3225- A a corporation duly organized under the laws of the State of Oklahoma as Surety, hereinafter called the Surety, are held&firmly bound unto Citt of Boynton each 100 East Boynton Beach Blvd., Bo f nton each, FL 33425 (Here insert full name or legal title of Owiier) as Obligee, hereinafter called the Obliges, in the sum of One Thousand & 00/100 ($1,000.00) Dollars for the payment of which sum well and truly to be made,the said Principal and the said Surety, bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the principal has submitted a bid for Bid No.: 078-2511-1 /J Two Year Contract for Custodial Services for City uicilBuildings and Facilities (Here insert full name,address and description of projac!,i NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obliges in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such largera of for is the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and scaled this 25th day of September 2013 BY: Ima26-"nit ial S4ices, 16C. (Pr ci a (Seal) Witness Timothy B. Wils in, aent American Sa ety Casualty Insura e Company BY: Witness (Surety) (Seal)— y Peter A. Kessler, ttorney–in–Facta. AIIA DOCUMENT A3 10 - BID BOND -AIA - FEBRUARY 1970 ED Page 246 of 697 POWER OF ATTORNEY AMERMMS01,111WINSUMME KNOW ALL MEN BY THESE PRESENTS, that American Safety Casualty Insurance Company has made, constituted and appointed, and by these presents does make,constitute and appoints SJ A HARRIS, PETER A. KESSLER,JESSICA RENO OF JACKSONVILLE, FL Its true and lawful attorney-in-fact,for it and its name,place, and steed toexecute on behalf of the said Company,as surety,bonds, undertaking and contracts of suretyship to be given to ALL OBLIGEES provided that n bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of ***ONE MILLION***($1,000,000)DOLLARS' This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company of the 25th day of April,2012 RESOL VEDj that h*Presnim in wi6i the SconAary fur hiy Msistant.Secretary may appoint attorneys-in-fact or agents with authority as defined or firmied int �as!qjraard evidanrmg-no a5Apainbrnoro in eaoP c;jse,for and on behalf of the Company,to execute and deliver and affix the seal of the Curnpany to Wrv•�s, ZId.sufetyship obligations of all kinds;and said officers may remove any such attorney-in- fact or ageni and rv,6-fof,�oav pc ,r of altorrmy p:ecqausly iyrnnted to wich persons. RESOLVED F4)RTHER.!Sm any b�nd.undii.itakog, cm furev?shm obhgauon shall be valid and binding u.-jon teip rompany.. (Q1 when the"gest mor any V"-pr esixent and W..'e'ved and-iealve(i[,)sexi i, required)by any Secretary or Assistan!Socam-rom v!,t®!i"� n;62ned by 9to Pfn&&W or ervy ViT 3eurwt-,iry or Amstaut SeueterV and ort!",vigned and sealed(if a seat is feritumdI by 0 coly quillionzed ow igoitt,zw(ii-1 when duly awa�.4c�d and sealeo fit a boris 4 rsquieeo,;by one or more attorney-in-fact or agents pursuaw,to and w°thin Me Unfit of?ha ati.ftrily v.-der®wl by the p-mer of attorney istood by thr Company to such person or persons RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effects as though manually affixed. IN WITNESS WHEREOF,American Safety Casualty Insurance Company has used its official seal to be here -Aftixed,and these presents to be signed by its President and attested by its Secretary this 25th day of April,2012. Attest: d"^ A4 110.4ti Join Joseph D. Jr STATE OF GEORGIA COUNTY OF COBB On this 25th day of April,2012,before me personally came Joseph D 1,yi,q, tome known,who,being by me duly sworn,did depose and say that he is the President of American Safety Casualty Insurance cornpj!iy"trait, vml m`••n d in and which executed the above Instrument;that he knows the seal of the said corporation:that the seal affixed to the vg# nr;jv,seal:that Is was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto 'PA 27, 2016 oft '01W �0 ®" as� 1,the undersigned,Secretary of American Safety Casualty Insuran {'r p 1 Oklahoma corporation, 00 HEREBY CERTIFY,that the foregoing and attached Power of Attorney remains In full force and has not been revoked;and furthermore that the Resolution of the Board of Directors set forth In the said Power of Attorney,is now in force Signed and sealed in the City of Atlanta,in the State of Georgia ray. Dated this 25 day of September,2013 AMbuj Jai Page 247 of 697 6.1. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: 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 November 20, 2018- "Request for Extensions and/or Piggybacks." EXPLANATION OF REQUEST: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM SOLICITATION NUMBER PALM TRUCK; Annual supply of Original City Bid No. 053-1412- September 4, 2018 NEXTRAN; PAT'S Equipment Manufacturer 16/MFD thru PUMP; MCNEILUS (OEM) Service and Parts September 3, 2019 TRUCK; SOUTHERN for Medium/Large Heavy SEWER Duty Vehicles and Equipment STEVE MOORE Annual supply of Original City Bid No. 054-1412- September 4, 2018 CHEVROLET; AL Equipment Manufacturer 16/MFD thru PACKER; DELRAY (OEM) Service and Parts September 3, 2019 MOTORS for Small and Light Duty Vehicles and Equipment AT& T Mobile Communication Piggyback State of October 1 , 2017 thru Services Florida Contract No. January 10, 2022 DMS-10/11-008A OCEANSIDE BEACH Beach Equipment City RFP No. 007-2730- December 16, 2018 SERVICE, INC. Concession at Oceanfront 16/J MA thru December 15, Park 2019 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewed/extended with the same terms and conditions and pricing as the initial award. FISCAL IMPACT: Funds have been budgeted under line items as noted on the attached report. ALTERNATIVES: Not approve renewals and require new solicitations to be issued. Page 248 of 697 STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Bid Renewal Summary - November 20, 2018 D Attachment AT&TAmendment 11 ® Mobile Communication Services® FirstNet D Attachment Renewal interest- Oceanside each Service Page 249 of 697 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS November 20, 2018 REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT.MICHAEL DAUTA TERM:September 4,2018 to September 3,2019 SOURCE FOR PURCHASE:City Bid No.053-1412-16IMFD ACCOUNT NUMBER: Various—Citywide VENDOR(S):PALM TRUCK;NEXTRAN;PAT'S PUMP;MCNEILUS TRUCK;SOUTHERN SEWER ANNUAL ESTIMATED EXPENDITURE:$255,000.00 DESCRIPTION: On August 16, 2016, City Commission approved one-year contracts with PALM TRUCK;NEXTRAN;PAT'S PUMP;MCNEILUS TRUCK; SOUTHERN SEWER for the supply of ORIGINAL EQUIPMENT MANUFACTURER(OEM)SERVICEAND PARTS FOR MEDIUM/LARGEAND HEAVY DUTY VEHICLES AND EQUIPMENT. The Contracts allow for two(2)additional one-year renewal options with the same prices, terms and conditions. On August 1, 2017, City Commission authorized the first renewal term. On August 7, 2018, City Commission authorized the second renewal term in the estimated total annual amount of$125,000.An increase of$130,000 to the original amount approved for a total estimated annual expenditure is requested. The increase is due to the following factors: • Refurbishing "spare"back up Solid Waste trucks • Increase in Solid Waste Fleet Fleet is now refurbishing Solid Waste trucks once they are replaced by a new vehicle. The refurbished truck will be used as a spare in case the new truck is down for repairs. In the past, the spare trucks were not refurbished. Refurbishing the trucks ensure they will work properly when needed. Fleet has also increased their Solid Waste fleet with an additional 12 trucks. With these additions, more parts will be ordered when trucks break down. It is estimated that with the refurbishments and additional fleet that the cost will be$130,000 for a total of$255,000. REQUESTING DEPARTMENT. WAREHOUSE DEPARTMENT CONTACT.MICHAEL DAUTA TERM:September 4,2018 to September 3,2019 SOURCE FOR PURCHASE:City Bid No.054-1412-16IMFD ACCOUNT NUMBER: Various—Citywide VENDOR(S):STEVE MOORE CHEVROLET;AL PACKER;DELRAY MOTORS ESTIMATED ANNUAL EXPENDITURE:$155,000.00 DESCRIPTION: On August 16, 2016, City Commission approved one-year contracts with STEVE MOORE CHEVROLET;AL PACKER;DELRAY MOTORS for the supply of Original Equipment Manufacturer(OEM)Service and Parts for Small and Light Duty Vehicles and Equipment The Contracts allow for two(2)additional one-year renewal options with the same prices, terms and conditions. On August 1, 2017, City Commission authorized the first renewal term. On August 7, 2018, City Commission authorized the second renewal term; however, an estimated annual expenditure was not listed. The total estimated annual expenditure is$155,000. REQUESTING DEPARTMENT. FINANCE/PROCUREMENT DEPARTMENT CONTACT. Ilyse Triestman TERM: October 1,2017 thru January 10,2022 SOURCE FOR PURCHASE: Piggyback State of Florida Contract No DMS-10111-008A,B, C ACCOUNT NUMBER: The appropriate account(s)will be charged at the time of release. VENDOR(S): AT&T;SPRINT; VERIZON ANNUAL ESTIMATED EXPENDITURE: $160,000 per year DESCRIPTION: The City of Boynton Beach utilizes the State of Florida Mobile Communication Services Contracts:DMS-10111-008A for AT&T;DMS- 10111-008B for Sprint;and DMS-10/11-008C for Verizon for the City's mobile voice and data requirements. These contracts cover mobile phone service and data plans and air cards for all City Departments. On February 9, 2016, the State of Florida executed various Contract Amendments(AT&T—Amendment 10;Sprint—Amendment 10; Verizon—Amendment 7)extending the terms to 2022. On October 23, 2018, the State of Florida executed Amendment No. 11 to the Agreement modifying the public records clause as well as the scrutinized companies verbiage, etc. and adds AT&T FirstNet Solution Services, a Nationwide Public Safety Broadband Network. The Fire-Rescue Department wishes to utilize AT&T FirstNet Solution Services thru this amended agreement. The State of Florida competitive procurement requirements equal and/or exceed the City of Boynton Beach procurement requirements. REQUESTING DEPARTMENT.RECREATION AND PARKS DEPARTMENT DEPARTMENT CONTACT. WALLY MAJORS TERM:December 16,2018 to December 15,2019 SOURCE FOR PURCHASE:City RFP No. 007-2730-161JMA ACCOUNT NUMBER:REVENUE GENERATING LEASEAGREEMENT VENDOR(S):OCEANSIDE BEACH SERVICE,INC. ESTIMATED ANNUAL LEASE REVENUE:$3,200 PER MONTH x 12 MONTHS=$38,400 DESCRIPTION: On December 15, 2015, City Commission approved a three-year lease agreement with Oceanside Beach Service, Inc.for beach equipment concession services at Oceanfront Park. The initial term of the lease agreement provided that the vendor was required to pay$3,000 per month for the lease payment. The Agreement allows for three(3)additional one-year renewal options with the same terms and conditions;however, the lease payment would increase each year. The City desires to renew the lease agreement for the first renewal option. The increase lease amount for this renewal year will be$3,200 per month for a total annual lease payment of$38,400. The vendor has agreed to renew the Agreement for the first renewal option. CONTRACT BETWEEN FLORIDA MOBILITYAND I CONTRACT .. -1 AMENDMENT11 THIS AMENDMENT ("Amendment"), to the Mobile Communication Services (MCS) Contract No. DMS- 10111-008A, effective January 11, 2012 ("Contract"), is entered into as of the last date signed below, by and between the parties to the Contract, namely, the State of Florida, Department of Management Services ("Department" or "Customer"), and AT&T Mobility National Accounts LLC ("Contractor'). Contractor and the Department are hereinafter referred to individually as a "Party" or collectively as the "Parties". WHEREAS, the Parties entered into the Contract to set forth the duties and obligations of Contractor and Department in relation to Contractor's provision of mobile communication services and Contractor's performance of its duties in connection with the Contract. WHEREAS, the Parties wish to amend the Contract. THEREFORE, in consideration of the foregoing premises, the Parties hereto agree that the Contract shall be amended as follows: 1. General. Pursuant to the terms and conditions of the Contract and this Amendment, Contractor will provide the AT&T FirstNet Solution,as described more fully below and in Exhibit A attached hereto and made a part hereof. The AT&T FirstNet Solution pricing, associated fees, and terms and conditions jointly agreed upon by the Parties are set forth in this Amendment. Changes to this Amendment, including any changes to Exhibit A, may only be modified or amended pursuant to Contract Section 4.02, where applicable, Contract Section 15.17, or Contract Exhibit 6 Section 3.2, where applicable. To the extent of any conflict between the terms and conditions of the Exhibit A and this Amendment, this Amendment's terms and conditions will control. 1.1 AT&T FirstNet Solution. The AT&T FirstNet Solution includes additional Services that are available and intended for use with the AT&T FirstNet Nationwide Public Safety Broadband Network (collectively, the "AT&T FirstNet Solution"). 1.2 Eligibility. In order to take advantage of the AT&T FirstNet Solution, Customer must (a) be a qualified "Public Service Entity" as recognized by the First Responder Network Authority, or a FirstNet Eligible User as defined in this Amendment and (b) restrict access to the AT&T FirstNet Solution solely to Authorized Users (as defined in the AT&T FirstNet Solution Service Guide described below) who must be located in a state or territory which has opted in to use the AT&T FirstNet Nationwide Public Safety Broadband Network. Amendment No. 11 Page 1 of 27 Contract No.: DMS-10111-008A-041618110116118-Ic4267-"C"-Support Request 1-9DBLVMI Page 252 of 697 1.3 AT&T FirstNet Solution Pricing and Terms. In the event Customer takes advantage of the AT&T FirstNet Solution, Customer will be bound by the terms and conditions set forth in the AT&T FirstNet Solution Service Guide a described in Exhibit A attached hereto and made a part hereof. Only the Department may authorize the purchase of additional optional services not currently set forth in this Amendment. Changes to the AT&T FirstNet Solution Service Guide may only be modified or amended pursuant to Contract Section 4.02, where applicable, Contract Section 15.17, or Contract Exhibit 6, Section 3.2, where applicable. To the extent of any conflict between the terms and conditions of this Amendment and Exhibit A, this Amendment's terms and conditions, including listed prices, will control. 1.4 Advertising The following is added to Contract Section 15.11 Advertising, which shall not replace or supersede any other contractual requirements for advertising: 15.11.1 FirstNet Marketing. The Department shall receive a copy of all materials used by Contractor, or Contractor's subcontractors, to promote or advertise FirstNet solutions to State of Florida Public Service Entities that are or will be utilizing this Contract at a minimum of once per quarter during quarterly meetings, or as requested by the Department. 15.11.2 Push-To-Talk. Push-to-Talk (PTT) devices and services shall not be advertised or marketed to State of Florida Public Service Entities as "mission critical", as defined by National Public Safety Telecommunications Council (NPSTC), until authorized to do so by the Department through a Contract amendment. 1.5 Meetings. The following is added to Contract Section 3.1.4 Meetings, which shall not replace or supersede any other contractual requirements for meetings: 3.1.4.1 FirstNet Quarterly Meetings. The Contractor shall attend, either by phone or in person, quarterly FirstNet meetings with the Department. The meeting agenda shall include, at a minimum the following: progress of network buildout and hardening, review of network outages, review of subscribers and utilization, and review of marketing material. The Contractor shall not be entitled to additional compensation for meeting preparation or attendance. 1.6 Reporting. The following is added to Contract Section 3.1.6 Reporting, which shall not replace or supersede any other contractual requirements for reporting or access to any portals or dashboards: 3.1.6.1 FirstNet Dashboard. The Contractor shall provide a dashboard accessible by the Department. The information held in this dashboard shall include, but not be limited to,the health of the statewide network and alerts on outages. All features and functionality shall be made available to the Department. The number of Department users shall be determined by the Department, and each user shall have a unique log-in and password. Department's access of this dashboard may be contingent on Contractor's additional terms of use. To the extent of any conflict between these dashboard terms of use and the Contract,the Contract will control. Individual Amendment No. 11 Page 2 of 27 Contract No.: DMS-1 0/1 1-OOaA-041618/10/16/18—Ic4267—"C"—Support Request 1-9DBLVMI Page 253 of 697 users' acceptance of the dashboard terms and conditions shall not create any additional legally binding or enforceable obligations on the Department. 3.1.6.2 FirstNet Reporting. Contractor shall provide reporting via flat file format, on customer usage, customer agency, devices, rate plans, and related information the Department requires to ensure that only appropriate persons are utilizing FirstNet Services. 1.7 FirstNet Test Devices. The following is added to Contract Section 9.03 Department Test Accounts, which shall not replace or supersede any other contractual requirements listed in Section 9.03: 9.03.01 FirstNet Test Devices. The Contractor shall provide FirstNet wireless demonstration equipment (including airtime) for use by the Department for the purposes of testing and evaluation at no additional cost. The demonstration equipment shall be made available for a minimum period of sixty (60) working days, with a minimum of five (5) devices at a time. Any demonstration equipment, forms and processes shall be reasonably provided, managed, and maintained by the Contractor. Contractor will coordinate directly with any other State Agencies regarding FirstNet demonstration equipment, notifying the Department in advance of these activities. 1.8 Compliance with Florida Statutes 1.8.1 Preferred Pricing. The following is added to Section 4.4 of Exhibit 6,titled Competitive Pricing of the Mobile Communications Services(MCS)Contract No. DMS-1 0/1 1-008A, and does not replace or supersede any contractual requirement listed in Section 4.4: 4.4.1 Annual Affidavit. Consistent with the goals of section 216.0113, F.S., Contractor acknowledges and recognizes that the Department wants to take advantage of any improvements in price/fees over the course of the Contract period. To this end, throughout the term of the Contract Contractor will provide to the Department annually an affidavit from an authorized representative of Contractor attesting that Contractor is in compliance with Section 4.4, Exhibit 6, of the Contract. A sample Pricing Affidavit is included as Exhibit C of this Amendment. 1.8.2 Public Records Section 12.19 of the Contract, Public Records, is hereby amended to include the following language: 12.19 Public Records. The Department may unilaterally cancel this Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, Florida Statutes, made or received by the Contractor in conjunction with the Contract. Amendment No. 11 Page 3 of 27 Contract No.: DMS-10/1 1-008A-041618/10/16/18-Ic4267—'C"—Support Request 1-9DBLVMI Page 254 of 697 Pursuant to section 119.0701(2) (a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S.,the following applies: 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 THE TELEPHONE NUMBER, EMAIL ADDRESS AND MAILING ADDRESS PROVIDED IN THE RESULTING CONTRACT OR PURCHASE ORDER. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., 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 Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the contract term and following the 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. 1.8.3 Cooperation with the Inspector General Section 15.15 of the Contract, Lobbying and Integrity, is hereby replaced in its entirety with the following: 15.15 Lobbylpg,and Integrity The Service rovi r shall not, in connection with this or any other agreement with the State, directly or indirectly(i) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (ii) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (ii), "gratuity" means any payment of more than nominal monetary value in the form of cash, Amendment No. 11 Page 4 of 27 Contract No.: DMS-10111-008A-041618/10116/18—Ic4267—'C"--Support Request 1-9DBLVMI Page 255 of 697 travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Pursuant to and to the extent required by subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to,the Contractor's business or financial records,documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website, whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. 1.8.4 Scrutinized Companies Section 15.124 of the Contract, Scrutinized Companies List, is hereby replaced in its entirety with the following: The Department may at its option terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. Notwithstanding the foregoing, the Parties are aware of the Eleventh Circuit Court's decision in Odebrecht Constr. v. Secy, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013), and agree that the provisions of sections 287.135(1)-(5), F.S., pertaining to a company engaged in business operations in Cuba or Syria shall not apply to this contract unless and until the Eleventh Circuit Court's decision in Odebrecht Constr. v. Secy, Fla. DOT, 715 F.3d 1268 (11th Cir. Fla. 2013) is overturned. 2. FirstNet Custom Offer. Provided the Customer remains in full compliance with the terms and conditions of the Agreement, and subjectto all corresponding conditions setforth in this§2(including all sub-sections and Tables), Contractor will provide Customer and the FirstNet Eligible Users, as defined in this Amendment, the following custom offer: the FirstNet Mobile Plans as described in Section 2.1 herein (the "Custom FirstNet Mobile Pooled and Unlimited Plans") the FirstNet Mobile Plans — Subscriber Paid as described in Section 2.2 herein (the "Custom FirstNet Mobile Subscriber Paid Plans) and the FirstNet Activation Credit as described in Section 2.3 herein, collectively referred to herein as the "Custom FirstNet Mobile Plans". The Custom FirstNet Mobile Plans are, at times, referred to as the "Custom Offer'. The Custom Offer is available for the term of the Agreement. In accordance with the Agreement,the Custom Offer is subject to its underlying offer's corresponding Sales Information as set forth in Exhibits A and B, which are incorporated herein. Changes to the AT&T Sales Amendment No. 11 Page 5 of 27 Contract No.: DMS-10111-008A-041618/10/16118—Ic4267—"C"—Support Request 1-9DBLVMI Page 256 of 697 Information as set forth in Exhibits A and B, may only be modified or amended pursuant to Contract Section 4.02, where applicable, Contract Section 15.17, or Contract Exhibit 6, Section 3.2, where applicable. To the extent of any conflict between the terms and conditions of this Amendment and the applicable Sales Information listed in Exhibits A and B, this Amendment's terms and conditions, including listed prices, will control. The Parties agree any references to early cancellation, termination, or activation fees contained in the Sales Information as set forth in Exhibit B does not apply to this Contract. Notwithstanding the foregoing, the Custom Offer will be provided only if the Customer's account is active and in good standing with respect to the applicable CRU. 2.1 Custom Firstet Mobile Pooled and Unlimited Plans. The Custom FirstNet Mobile Pooled and Unlimited Plans shall consist of the following: TABLE 2.1.1 CUSTOM FIRSTNET MOBILE-POOLED PLANS FOR SMARTPHONES** Add Line For use th an $15.99 $24.50 $36.00 $205.00 $373.001, $3,350.00 unsubsidized device MSC* MSC MSC MSC MSC MSC MSC For use with22 3 3. $1,765.00 3,37 . subsidizedC MSC MSC MSC MSC MSC Msc *MSC means Monthly Service Charge **Plans outlined ov in Table 2.1.1 included Unli ite Voice &Text. TABLE . * CUSTOM FIRSTNET MOBILE-POOLED PLANS FOR FEATURE PHONES Add-a-Line for use withidized device 1 ' 99 Monthly i ar Add-a-Linei 22. M01 ! 99 e !c r * Ins outlined above in Table 2.1.2 included li it Voice &Text TABLE .1. CUSTOM FIRSTNET MOBILE-POOLED PLANS FOR DATA-ONLY DEVICES Add Line For use with16.00 $23.00 $200.00 $368.00 $1,740.00 $3,343.00 unsubsidizedi For use ith a $20.00 $26.00 $33.00 $210.00 $378.001,75 . $3,353.00 subsidized Amendment No. 11 Page 6 of 27 Contract No.: DMS-10/11-OOaA-041618/10/16118—Ic4267—"C"—Support Request 1-9DBLVMI Page 257 of 697 TABLE 2.1.4 CUSTOM FIRSTNET MOBILE-UNLIMITED PLANS Unlimited Enhanced for limited Standard for Unlimited for Data-only Smartphones* SmAqphones** Devices Monthly $44.99 ir $39.99 $34.99 Servce Chaae *Enhancertphone includes Unlimited, Voice, Text, Data and hot spot Standard art on includes Unlimited, Voice, Text and Data only TABLE 2.1.5 CUSTOM FIRSTNET ENHANCED* PTT ONLY PLANS Unlimited FirstNet Enhanced PTT Only Plan for use with an unsubsidized, Monthly Service Charge compatible Feature Phone Unlimited FirstNet Enhanced PTT'Only Plan $17.99 for use with a subsidized, compatible Monthly Service Charge Feature Phone *Enhanced PTT includes Unlimited, Voice, Text, Data and hot spot 2.2 Custom FirstNet Mobile Plans-Subscriber Paid. In addition to Custom FirstNet Mobile Pooled and Unlimited Plans available to Customer and its CRUs, Contractor offers a Subscriber Paid version of such plans to eligible individuals associated with a Primary User Public Safety Entity. Customer hereby authorizes Contractor to provide such individuals with the discounts set forth in §2.2 (the "Custom FirstNet Mobile Subscriber Paid Plans"). Customer must remain eligible for the Custom FirstNet Mobile Plans described in §2.1 for the Custom FirstNet Mobile Subscriber Paid Plans described in §2.2 to apply. The corresponding subscriber must be eligible to activate Service on the underlying version of the corresponding Custom FirstNet Mobile Subscriber Paid Plan. The Custom FirstNet Mobile Subscriber Paid Plans are only available to Subscriber Paid Users as defined in this Amendment. For all Custom FirstNet Mobile Subscriber Paid Plans,the corresponding Plan's Monthly Service Charge will appear on the invoice at the standard price set forth in the Sales Information, but the customized net monthly price set forth in the corresponding table below will be achieved via application of a modifier also reflected on the invoice. To the extent of any conflict between the terms and conditions of the Subscriber Paid Wireless Customer Agreement referenced in Exhibit A, and this Amendment, this Amendment's terms and conditions will control. TABLE 2.2.1 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID PLANS-RESPONDER PLANS* For use with For use with For use with For use with For use with Smartphone Smartphone Feature Tablet Tablet 2GB 5GB Phone 2GB 5GB 100MB Monthly $24.50 $36.00 $10-99 $16.00 $23.00 Service Charge 1 1 * Plans outlined above in Table 2.2.1 included Unlimited Voice &Text Amendment No. 11 Page 7 of 27 Contract No.: DMS-1 0/11-OOBA-041618/10/16/18-lc4267-"C"-Support Request 1-9DBLVM1 Page 258 of 697 TABLE 2.2.2 CUSTOM FIRSTNET MOBILE SUBSCRIBER PAID—RESPONDER UNLIMITED PLANS Unlimited Smartphone Unlimited Smartphone Unlimited Tablet Plan Plan Plan (with tethering)" (with tethering)' ithout tetbering) * Monthly $39.99 $44.99 $34.99 Service Charge , I I *Includes Unlimited Data, Talk and Text **Includes Unlimited, Data, Talk and Text plus unlimited mobile hot spot ***Includes Unlimited Data plus unlimited mobile hot spot &tethering 2.3 Activation Credit. An Activation Credit for the Custom FirstNet Mobile Plans is only available to CRUs who.(a) activate a new two (2) year Custom FirstNet Mobile Plan on the corresponding, qualified Plan(s)within the first three hundred and sixty-five days(365)days following the Amendment Effective Date, and (b) remain on First et mobile service under such Plan(s) at the time the Activation Credit is applied. Activation of a new First et mobile service after this 365-day period will not be eligible for the Activation Credit. Activation Credits may not be combined with any other offers or activation credits. Qualified CROs are eligible for only one Activation Credit. An Activation Credit may take up to two billing cycles to appear on the applicable invoice. Table 2.3.1 Activation CREDIT First et Voice Plan with an MSC of$31.00 or higher OR a First et Data $50.00 Plan with an MSC of$22.00 First et Smartphone Plan bundle with a MSC of$39.00 or higher $150.00 3. Incorporation of Contract. The terms, conditions and defined terms set forth in all documents comprising the Contract (including, without limitation,this Amendment)apply throughout all such documents. Inthe event of any expressly conflicting provisions between this Amendment and the remainder of the Contract,the terms and conditions of this Amendment control, but only with respect to the subject matter of this Amendment. 4. This Amendment and all of its Exhibits are hereby made a part of the Contract. All other terms and conditions ofthe Contract shall remain in full force and effect. Except as otherwise expressly set forth herein, the terms and conditions contained in the Contract and subsequent amendments are unchanged. This Amendment sets forth the entire understanding between the Parties with regard to the subject matter hereof. 5. This Amendment will become effective on the last date it is signed by all Parties. Amendment No. 11 Page 8 of 27 Contract No.: DMS-10111-008A-041618110116118—Ic4267—"C"—Support Request 1-9DBLVMI Page 259 of 697 SO AGREED by the parfise authodzed repre-sentatives on the dates not below: FLORIDA DEPARTMENT OF AT&T MOBILrrY NATiONAL ACCOUNTS MANAGEMENT SERVICES LLC 4atumDavidZeckman Chief of taff Sign re 70 Date Print name&Title Date Amendment No.11 Page 9 of 27 Contract No.:DMS-10/11- -041618110/16118—lo4267—'C'®Support Request 1-9DBLVMI Page 260 of 697 Exhibit FirstNet Solution ServiceGuide AT&T FirstNet Solution for Authorized Public Safety Agencies and Authorized Affiliated Businesses providing Public Safety Services. The Service Guide consists of the following arts: • Service Description (SD) • Pricing (P) Service Description (SD) SD-1. General Description, Network, Coverage and Capabilities SD-1.1 General Description AT&T's FirstNet Solution consists of a portfolio of wireless voice, texting and data service plans, along with ancillary equipment, services, features and functionalities developed by AT&T under authority granted to it by the First Responder Network Authority (the "FirstNet Authority") created under the Middle Class Tax Relief and Job Creation Act of 2012 (the "Act") as an independent federal authority within the National Telecommunications & Information Administration ("NTIA") of the United States Department of Commerce. AT&T's FirstNet Solution is designed to maximize the utility and dependability of wireless communications by and between first responders and the personnel and entities that support them. AT&T's FirstNet Solution will be provisioned using AT&T's commercial LTE network along with a phased deployment of the FirstNet Evolved Packet Core. to provide emergency responders with the first high-speed, nationwide broadband network with dedicated access, when they need it, for Local, State, Federal, and Tribal Public Safety Entities. The AT&T FirstNet Solution is available only to Public Safety Entities and their qualified Agency Paid Users and Subscriber Paid Users. Public Safety Entities are classified as either "Primary Users" or "Extended Primary Users." See the Public Safety Entities section, below. SD-1.2. Geographic Coverage; NPSBN Construction and Deployment The AT&T FirstNet Solution will be provided using the FirstNet Evolved Packet Core, a wireless broadband network infrastructure dedicated solely to FirstNet Public Safety Entities and their Authorized Users. The FirstNet Evolved Packet Core is physically separate from the core network architecture used by AT&T to serve its commercial wireless customers. Access to the FirstNet Evolved Packet Core is through Radio Access Networks("RANs") consisting of the: • currently deployed AT&T commercial 4G LTE network; • additional areas of coverage provided by domestic rural providers connected to the FirstNet Evolved Packet Core; • and coverage provided by AT&T's phased deployment of Band Class 14 wireless spectrum over its own 4G LTE network. In addition, as AT&T expands the network coverage and capabilities of its 4G LTE network independently of its obligations to the FirstNet Authority, such additional coverage and capabilities may be made available to FirstNet Public Safety Entities. Together, the FirstNet Evolved Packet Core and available RANs constitute the NPSBN. Amendment No. 11 Page 10 of 27 Contract No.: DMS-10/11-00M-041618/10/16118—1c4267—"C"—Support Request 1-9DBLVMI Page 261 of 697 The approximate coverage of the NPS BN network ("Service Area") is set forth at hftp://FirstNet.com or such other site as AT&T may designate. As the NPSBN evolves, AT&T will provide updated coverage maps from time to time. In order to use FirstNet services, Authorized Users must use a device capable of accessing this communications platform ("FirstNet Capable device") and a FirstNet Subscriber Identification Module ("SIM"). SD-1.3 FirstNet Evolved Packet Core Capabilities Since the FirstNet Evolved Packet Core is physically and logically separate from the AT&T commercial core, the FirstNet Evolved Packet Core's capabilities may not be the same as the capabilities of the AT&T commercial core. For example, First PriorityTM, a robust set of prioritization and preemption capabilities, is available exclusively on the FirstNet Evolved Packet Core. On the other hand, there are some capabilities that the AT&T commercial core may currently have, but which the FirstNet Evolved Packet Core may not currently offer, including, but not limited to, Wi- Fi calling, the use of wearable wireless devices, Public Static IP Addressing, Wireless Priority Service (WPS) and Advanced Messaging. In addition, international roaming outside of Canada and Mexico while using the FirstNet Evolved Packet Core may be unavailable or limited.A current list of the different capabilities of the FirstNet Evolved Packet Core and the AT&T commercial core, as well as the planned availability of additional features on the FirstNet Evolved Packet Core, can be found at firstnet-com/features. The availability and dates for implementation of additional features on both network cores are subject to change. S13-1.4 Limited Use of FirstNet Plans on AT&T Commercial Core In order to accommodate Public Safety Entities that have a need for capabilities that are currently only available on the AT&T commercial core and/or may need to transition slowly to the FirstNet Evolved Packet Core because of the limitations of embedded equipment and devices, AT&T offers the ability to use a limited number of FirstNet Plans with the AT&T commercial core. FirstNet Plans are described more fully, below. FirstNet Plans available for use on the AT&T commercial core are identified in the FirstNet Plan descriptions, which also set forth the terms and conditions of their use. See the pricing section of this Service Guide for access to the FirstNet Plans descriptions. First PriorityTM is not available on the AT&T commercial core; however, priority and preemption capabilities of AT&T Dynamic Traffic Management - Public Safety are available pursuant to the terms of the rate plans and the applicable Service Guide. Other features of the FirstNet Evolved Packet Core, such as enhanced security, are also not available. The use of FirstNet wireless service rate plans is an accommodation to a limited number of Public Safety Entities, and AT&T may require such Customers and their Authorized Users to migrate onto the FirstNet Evolved Packet Core at an appropriate time as determined by AT&T in its sole discretion. As a Customer's Authorized Users migrate from the AT&T commercial core to the FirstNet Evolved Packet Core, they may need a new Universal Integrated Circuit Card (UICC), SIM card or device to access the FirstNet Evolved Packet Core. Customers are solely responsible for any decisions they may make regarding the use of the AT&T commercial core. Customers using FirstNet Plans on the AT&T commercial core prior to the date of the publication of this Service Guide may also continue to use those plans on the AT&T commercial core, subject to AT&T's right to require migration as set forth above. The remainder of this Service Guide assumes that Public Safety Entities are purchasing FirstNet Plans and services for use with the FirstNet Evolved Packet Core Amendment No. 11 Page 11 of 27 Contract No.: DMS-10111-008A-041618/10116/18—Ic4267—"C"—Support Request 1-9DBLVMI Page 262 of 697 FirstNet I ion Eligibili SD-2.1. PublicEntities The eligibility of State and local Public Safety Entities and any Subscriber Paid Users is contingent upon a State's decision to opt-into the Nationwide Public Safety Broadband Network (NPSBN). Eligible Public Safety Entities in States which have opted in shall be determined pursuant to the requirements of the Act, as interpreted by the FirstNet Authority. All federal Public Safety Entities are eligible for the AT&T FirstNet Solution. Only the FirstNet Authority has the ability to designate, in writing, Public Safety Entities that are eligible to purchase the AT&T FirstNet Solution, either on a permanent or temporary basis. S13-2.1.1. Primary Users and Extended Primary Users Public Safety Entities are classified as either Primary Users or Extended Primary Users as identified by their North American Industry Classification System (NAICS) code. NAICS codes for eligible users are determined by the FirstNet Authority. In the event that the FirstNet Authority should approve additional NAICS codes for eligible users that do not appear below, eligible users under those NAICS Codes shall be able to purchase FirstNet services. Primary Users Primary Users are those Public Safety Entities that act as first responders, i.e., those entities whose primary mission and job function is to provide services to the public in the area of law enforcement, fire protection, or emergency medical services. 621910 (Ambulance Safety Services) 922120 (Police Protection) 922160 (Fire Protection) Public Safety Answering Points (PSAPs) 922190— Emergency Planning and Management Offices Government Public Safety Answering Points Emergency(911) Call Dispatching Extended Primary Users Extended Primary Users are those Public Safety Entities (which may be individuals, agencies, organizations, non-profit companies) that are not Primary Users, but who may be called upon to support Primary Users with the mitigation, remediation, overhaul, clean up, restoration, or provision of other services that are required during the time of an emergency or its aftermath. 624230 (Emergency and Other Relief Services) 922110 (Courts) 922130 (Legal Counsel and Prosecution) 922140 (Correctional Institutions) 6 922150 (Parole Offices and Probation Offices) 926130 (Regulation and Administration of Communications, Electric, Gas, and Other Utilities In addition, entities responsible for the construction, maintenance and repair of critical infrastructure and assigned one of the following NAICS codes (and any additional NAICS Codes as identified/confirmed by the FirstNet Authority)are eligible to purchase the AT&T FirstNet Solution as Extended Primary Users: Amendment No. 11 Page 12 of 27 Contract No.:DMS-10111-008A-041618/10116/18—Ic4267—"C"—Support Request 1-9DBLVMI Page 263 of 697 Energy. o 213111 Drilling Oil and Gas Wells o 213112 Support Activities for Oil and Gas Operations o 221111 Hydroelectric Power Generation o 221112 Fossil Fuel Electric Power Generation o 221113 Nuclear Electric Power Generation o 221114 Solar Electric Power Generation o 221115 Wind Electric Power Generation o 221116 Geothermal Electric Power Generation o 221117 Biomass Electric Power Generation o 221118 Other Electric Power Generation o 221121 Electric Bulk Power Transmission and Control o 221122 Electric Power Distribution o 221210 Natural Gas Distribution o 237120 Oil and Gas Pipeline and Related Structures Construction o 333611 Wind Turbine o 486210 Pipeline Transportation of Natural Gas o 562213 Solid Waste Combustors and Incinerators Communication: o 237130 Power&Communications Line & Related Structures Construction o 517110 Telecommunications, wired o 517210 Wireless Telecommunications Carriers (except Satellite) o 617212 Cellular and other Wireless Telecommunications o 517410 Satellite Telecommunications o 517911 Telecommunications Resellers o 517919 All Other Telecommunications Alarm Systems: o 238210 Alarm Systems (multiple definitions) o 334290 Alarm Systems -Other Communications Equipment Manufacturing o 423610 Alarm Systems - Electrical Apparatus & Equipment, Wiring, Supplies & Related Equipment Merchant Wholesalers o 561620 Alarm Systems o 561621 Security Systems Services except Locksmiths Amendment No. 11 Page 13 of 27 Contract No.: DMS-10/1 1-008A-041618/10/16/18-Ic4267-"C"-Support Request 1-9DBLVMI Page 264 of 697 Water: * 221310 Water Supply and Irrigation Systems * 221320 Sewage Treatment Facilities * 541620 Environmental Consulting Services * 561990 Admin &Support/Waste Management&Remediation Services All Other Support Services * 562111 Solid Waste Collection * 562112 Hazardous Waste Collection * 562119 Other Waste Collection * 562211 Solid Waste Landfill * 562212 Hazardous Waste Treatment and Disposal * 562213 Solid Waste Combustors& Incinerators * 562219 Other Nonhazardous Waste Treatment and Disposal * 562910 Remediation Services * 562920 Materials Recovery Facilities * 562991 Septic Tank and Related Services * 562998 All other Miscellaneous Waste Management Services * 924110 Administration of Air&Water Resource& Solid Waste Management Programs Transportation: o 481111 Passenger Air Transportation o 481112 Freight Air Transportation o 481211 Nonscheduled Chartered Passenger Air Transportation o 481212 Nonscheduled Chartered Freight Air Transportation o 481219 Other Nonscheduled Air Transportation o 482111 Line Haul Railroads - Railway Transportation o 482112 Short Line Railroads o 483111 Deep Sea Freight Transportation o 483112 Deep Sea Passenger Transportation o 483113 Coastal and Great Lakes Freight Transportation o 483114 Coastal and Great Lakes Passenger Transportation o 483211 Inland Water Freight Transportation o 483212 Inland Water Passenger Transportation o 484110 General Freight Trucking, Local o 484220 Specialized Freight(except Used Goods), Trucking, Local Amendment No. 11 Page 14 of 27 Contract No.: DMS-10/11-008A-041618/10/16/18-lc4267-"C"-Support Request 1-9DBLVMI Page 265 of 697 o 484230 Specialized Freight(except Used Goods), Trucking, Long Distance o 485111 Mixed Mode Transit Systems o 485112 Commuter Rail Systems o 485113 Bus and Other Motor Vehicle Transit Systems o 485119 Other Urban Transit System o 485210 Interurban and Rural Bus Transportation o 485410 School & Employee Bus Transportation o 485510 Charter Bus Industry o 488111 Air Traffic Control o 488119 Other Airport Operations o 488190 Other Support Activities for Air Transportation o 488210 Support Activities for Rail Transportation o 488490 Other Support Activities for Road Transportation o 491110 Postal Service o 492110 Couriers& Express Delivery Services o 492210 Local Messengers & Local Delivery o 532411 Commercial Air, Rail &Water Transportation Equipment Rental & Leasing o 561431 Private Mail Centers o 926120 Transportation Administration o 926150 Transportation Regulation, Licensing & Inspection of Miscellaneous o Commercial Sectors HeaItheare and Public the o 621112 Health Care Practitioners o 621493 Freestanding Ambulatory Surgical and Emergency Centers o 622110 General Medical and Surgical Hospitals o 923120 Public Health Programs Critical n curing: o 211130 Extraction o 236210 Industrial Building Construction o 236220 Commercial and Institutional Building Construction o 237310 Highway, Street and Bridge Construction) o 237990 Other Heavy and Civil Engineering Construction o 811310 Industry Equipment Repair Amendment No. 11 Page 15 of 27 Contract No.: DMS-1 011 1-008A-041618/10/16/18—Ic4267—"C"—Support Request 1-9DBLVMI Page 266 of 697 Construction: * 237110 Water and Sewer Line and Related Structures Construction * 238910 Site Preparation Contractors * 238990 All Other Specialty Trade Contractors * 532412 Construction, Mining, & Forestry Machinery and Equipment Rental & Leasing Chemical. o 541330 Chemical Engineering Services o 541350 Chemical Building Inspection Services o 541620 Chemical Environmental Consulting Services o 541690 Chemical Other Scientific and Technical Consulting Services o 561612 Protective Services Information Technologyj * 541512 Computer Systems Design Services * 541519 Computer Disaster Recovery Professional, Scientific and Technical Services: * 541360 Geophysical Surveying & Mapping Services * 541370 Survey& Mapping (except Geophysical)Services SD-2.1.1.1 Exceptions to NAICS Codes Except as set forth above, the list of NAIGs set torth in the Primary Users and Extended Primary Users section is intended to be the current, comprehensive list of Primary User and Extended Primary User Public Safety Entities that are eligible for the AT&T FirstNet Solution. Entities that are not included in the list of Public Safety Entities set forth above, but who have individual employees or departments that perform the same functions as the Authorized Users of Primary User Public Safety Entities, can request that a limited number of Primary User FirstNet Plans be made available to those employees or departments. Similarly, Extended Primary Users who have employees or departments who perform the same functions as the Authorized Users of a Primary User Public Safety Entity can request access to a limited number of Primary User FirstNet Plans. AT&T will consider all such requests on a case-by-case basis and all decisions it makes shall be final, subject only to the review of the FirstNet Authority. If granted, the extension of Primary User FirstNet Plans to individual employees or departments of an entity shall not be construed as meaning that the entity is a Primary User Public Safety Entity and/or an Extended Primary User Public Safety Entity for all purposes. SD-2.11.2 Contracting for the AT&T FirstNet Solution The method of modifying any existing agreement to incorporate the terms of the AT&T FirstNet Solution Will be determined by the terms of the agreement, e.g., through a formal amendment. Amendment No. 11 Page 16 of 27 Contract No.: DMS-10111-008A-041618/10116118—1c4267—"C"—Support Request 1-9DBLVMI Page 267 of 697 SD-2.2. AuthorizedrSubscriber i Public Safety Entitles shall be responsible for vetting and approving the use of the FirstNet Solution by individuals. Vetted and approved individuals who have access to, and use of, a FirstNet Plan are referred to as Authorized Users. Authorized Users are either Agency Paid Users or Subscriber Paid Users. Agency Paid Users are individual employees and contractors of a Public Safety Entity(both Primary User and Extended Primary User Public Safety Entities) who are granted access to the AT&T FirstNet Solution through a FirstNet plan for which the Public Safety Entity is financially responsible under the Public Safety Entity's contract with AT&T. The Public Safety Entity is responsible for designating a contact who will confirm that the Agency Paid Users,whether individual employees or contractors, are verified and approved to use the FirstNet Solution.Agency Paid Users are not responsible for the monthly service charges under their FirstNet plan, nor any equipment related charges. Subscriber Paid Users are individuals who are either(a)employees of a Primary User Public Safety Entity, or(b)authorized, active auxiliary personnel affiliated with a Primary User Public Safety Entity who provide services or perform functions on an occasional, volunteer basis,that support the Public Safety Entity in the areas of law enforcement, fire protection, or emergency medical services. All Subscriber Paid Users must be verified and approved by a Public Safety Entity, which is responsible for designating a contact who will use the FirstNet Local Control portal to (a) provide AT&T with the name and email address of, together with the correct Foundation Account Number and other eligibility information for, each eligible individual to enable AT&T to initiate the process such individual will use to obtain an AT&T FirstNet Solution wireless service plan as a Subscriber Paid User; and (b) perform audits of existing Subscriber Paid Users as requested by AT&T on a regular, but not less than once per year, basis to remove any individuals who are no longer eligible to participate in the AT&T FirstNet Solution as a Subscriber Paid User.AT&T reserves the right to limit a Primary User Public Safety Entity's ability to verify and approve new Subscriber Paid Users until such audit is completed. Once verified and approved, Subscriber Paid Users must establish a contractual relationship directly with AT&T using an AT&T Wireless Customer Agreement ("WCA") under which they may purchase an AT&T FirstNet Solution Subscriber Paid User plan. Subscriber Paid Users are financially responsible for payment of services provided under the WCA and any applicable plan. AT&T FirstNet Solution Subscriber Paid User plans are provided in the pricing section of this Amendment. SD-3. FirstNet Plans, Features and Equipment SD-3.9. FirstNet Plans The AT&T FirstNet Solution features a variety of voice, text and data plans at various price points that are available exclusively to Public Safety Entities. In addition, there are machine-to-machine (telemetry), standalone Enhanced Push-To-Talk, and loT FirstNet Plans available for Agency Paid Users. FirstNet Plans are designed either for use by the Authorized Users of Primary Users or Extended Primary Users. See the pricing section of this Amendment for information regarding the FirstNet Plans for Agency Paid Users and Subscriber Paid Users. SD-3.2. AT&T FirstNet Solution: Included and Optional Features and Services The AT&T FirstNet Solution features include many features that are included in the FirstNet Plans or made available to Public Safety Entities at no additional cost. The AT&T FirstNet Solution also features optional AT&T services that Customers and, in certain cases, Subscriber Paid Users, can purchase as part of the AT&T FirstNet Solution or separately. If a Customer has purchased any of the optional services pursuant to an agreement that is not part of the Customer's AT&T FirstNet Solution agreement,the Customer will have the choice to continue to purchase the optional services under the separate agreement or incorporate the optional services into Customer's FirstNet Solution Amendment No. 11 Page 17 of 27 Contract No.: DMS-1 011 1-008A-041618/10/16118—Ic4267—'C"—Support Request 1-9DBLVMI Page 268 of 697 agreement. The following table specifies Included and Optional features available for each FIrstNet user category. Some features require specific equipment as specified inthe feature's description. AT&T FirstNet Solution Included and Optional Features and Services Feature Primary Users Extended Primary Subscriber Paid Users Users First PriorityTm (not Included Optional Included available to Authorized Use using an AT&T commercial core S I M) AT&T Dynamic Traffic Included Optional Included Management-Public Safety(only available to Authorized Users using an AT&T commercial core SIM) First Net Local Control Included Included Included Portal First PriorityTM Incident Included(use Optional(only for use Optional (only for use by Management optional) by Primary User Subscriber Paid User's Public Safety Entity) verifying Primary User Public Safety Entity) FirstNet Federated Identity Included(use ncluded(use optional) Optional(only for use by Credential and Access optional) Subscriber Paid User's Management(I CAM) verifying Primary User Public Safety Entity) Enterprise Mobility Optional Optional of wit Management Solutions AT&T Enhanced Push-to- Optional Optional Optional Talk Field Services Optional Optional Not Available JV Mobile Forms Optional Optional Not Available AT&T Business Messaging Optional Optional Not Available AT&T Global Smart Optional Optional Not Available Messaging Suite AT&T Landline Texting Optional Optional Not Available Private Mobile Connection Optional Optional NotAwit able Amendment No. 11 Page 1B of 27 Contract No.: DMS-1 011 1-008A-04161 Bill 0/16/18-lc4267-"C"-Support Request 1-9DBLVMI Page 269 of 697 AT&T FirstNet Solution Included and Optional Features and Services Feature Primary Users Extended Primary Subscriber Paid Users Users AT&T Internet of Things Optional Optional Not Available Wireless Communications Service for FirstNet Box from AT&T Optional Optional Not Available Satellite Solutions Optional Optional Not Available SD-3.2.1. AT&T FirstNet Solution Included Services SD-3.2.1.1. First PriorityTm: Priority and Preemption First Priority provides Public Safety Entities and their Authorized Users using a wireless device that is compatible with the FirstNet Evolved Packet Core four primary features: (a) an enhanced network experience through the use of Quality of Service technology for approved business application traffic over the NPSBN; (b) priority access to available resources on the NPSBN; (c) for Primary Users' Authorized Users, preemption capability; and (d)for Primary User Public Safety Entities, First Priority Incident Management, a network capability that allows authorized Primary Users' designated Incident Managers to temporarily increase Authorized Users' relative priority levels and extend the preemption capability to more Authorized Users through the use of the FirstNet Incident Management portal. In addition, Primary User Public Safety Entities have the ability to assign one of three levels of prioritization to each of their Authorized Users using First Priority's capabilities. Approved Business Applications are limited to applications directly related to the primary missions of Public Safety Entities. These include applications provided under the FirstNet agreement, including the App Catalog. Plans must be selected which support the type of application, such as Machine to Machine Plans for machine to machine applications and are subject to the terms of those plan. Use of plans intended for end user applications exclude continuous mobile video transmission applications. See plan descriptions for limitations. The terms and conditions can be found in the First Priority1m Service Guide located at'First PriorityTM Service Guide. To the extent of any conflict between the terms and conditions of the First Priority Service Guide and this Amendment, this Amendment's terms and conditions will control. Public Safety Entities using FirstNet Plans on the AT&T commercial core have access to priority and preemption services using AT&T Dynamic Traffic Management - Public Safety, the terms and conditions for which can be found in the AT&T Dynamic Traffic Management - Public Safety AT&T Dynamic Traffic Management - Public Safety Product Brief MPS Service Guide and FirstNet Plans. To the extent of any conflict between the terms and conditions of the AT&T Dynamic Traffic Management - Public Safety Service Guide and this Amendment, this Amendment's terms and conditions will control. SD-3.2.1.1.1 First PriorityTm: Levels of Priority and Preemption First PriorityTm is a network configuration schema designed to provide FirstNet Authorized Users with enhanced QPP (Quality of Service, Priority and Preemption) capabilities. First Priority configurations are a combination of several variables based on 3GPP LTE standards including: Amendment No, 11 Page 19 of 27 Contract No.: DMS-10111-008A-041618/10/16/18—lc4267—"C"-Support Request 1-9DBLVMI Page 270 of 697 Variable Indicator Value HPA (High Priority Yes/No Provides priority to Access) establish a connection to the LTE network core at the cell site. ARP (Allocation and Numeric Value 1-15 Sets priority level to Retention Priority) request a LTE "bearer" (resource) to initiate a voice, data or messaging session. QC1 (Quality of Service Numeric value 1-x Sets priority level for a Class Index) data connection with the network packet scheduler. PCI (Preemption Yes/No Can the user preempt Capability Indicator) other users when requesting a resource if none are available? PVI (Preemption Yes/No Can the user be Vulnerability Indicator) preempted by other users to request a resource if none are available? Primary User Agencies have the ability to dynamically assign one of three levels of priority and preemption to their Authorized Users provisioned with First Priority; in addition, Primary Users have the ability to "uplift" or assign a higher level of priority to both their own Authorized Users and the Authorized Users of Extended Primary Users using Incident Management. First Priority is included the FirstNet rate Plans of Primary Users and is available for purchase by Extended Primary Users. The following sets forth the relative values of First Priority capabilities in ascending order from Extended Primary Users without First Priority (lowest) to Primary Users using Incident Management (highest). Authorized User type and the values each Authorized User has for each variable listed above: User Type HIPA ARP QCI PCI PVI Extended Primary No General User General User No Yes User(without First Priority) Extended ffir—lmary-- Yes Enhanced Enhanced No Yes User(with First Priority) Primary User Level 3 Yes Enhanced Enhanced Yes No (default) Amendment No. 11 Page 20 of 27 Contract No.: DMS-10/1 1-008A-041618110116/18-Ic4267-"C"-Support Request 1-9DBLVMI Page 271 of 697 Primary User Level 2 Yes Enhanced; greater Enhanced Yes No (assigned by Primary than Level 3 User Agency) Primary User Level 1 Yes Enhanced; greater Enhanced Yes No (assigned by Primary than Level 2 User Agency) Incident Yes Enhanced; greater Enhanced Yes —Iq—o— Management than Level I (temporarily assigned by Primary User Agency for duration of Incident; Agency may uplift both Primary and Extended Primary Users) Note: First Priority is an evolving feature under continual development to incorporate new standards and network and device capabilities. As First Priority is more widely deployed and more data about customer needs and network performance are collected, First Priority settings may change over time and enhancements and additional capabilities may be introduced. The foregoing description of reflects the current configurations as of the date of contracting. AT&T will provide Customer notice of any planned changes or enhancements with enough notice so as not to disrupt Customer's operations. SID-3.2.1.2. FirstNet Local Control FirstNet Public Safety Entities have exclusive access to FirstNet Local Control, a portal that allows Customers to manage their Authorized Users, services and billing. Among other things, FirstNet Local Control gives Public Safety Entities' authorized administrators the ability to: • add, edit, and remove Authorized Users; • add, edit, and remove FIrstNet Plans; • shop, purchase and assign devices for Authorized Users; • manage additional services, including Enhanced Push-to-Talk; • pay bills; • verify individuals eligible to purchase Subscriber Paid User plans; • access other AT&T curated sites, such as Premier and the FirstNet App Catalog; • limit the access and ability of Authorized Users to make changes to their plans or optional features and services; and • view wireless reports, including device inventories, upgrade eligibility, rate plan summaries, performance reports and billing information. FirstNet Local Control also gives Public Safety Entities near-real-time insight into the FirstNet network and local environmental conditions, including network status and alerts, weather and traffic conditions. Public Safety Entities in American Samoa, Guam and the Northern Mariana Islands may not have access to all capabilities of FirstNet Local Control. Amendment No. 11 Page 21 of 27 Contract No.: DMS-1011 1-008A-D41618/10/16118—Ic4267—"C"—Support Request 1-9DBLVMI Page 272 of 697 SD-3.2.1.3. First Priority""' Incident Management First PriorityTM Incident Management provides Primary User Public Safety Entities' designated and authorized communications managers ("Incident Managers") the ability to modify the relative priority and preemption capabilities of the Authorized Users of both Primary User and Extended Primary User Public Safety Entities equipped with First Priority""" through the use of the First PriorityTm Incident Management portal. Authorized Incident Managers may access First PriorityTm Incident Management portal through FirstNet Local Control. Using First PriorityTM Incident Management, Incident Managers can identify and declare "Incidents" through the portal. Incident Managers can identify relevant cellular telephone numbers(CTNs) of Authorized Users needed to respond to Incidents. Incident Managers have the ability to input CTNs individually or imported as a CSV file. Once inputted, Incident Managers can store various CTNs as a group, particularly useful when the same group of Authorized Users respond to Incidents on a regular basis. Incident Managers can initiate a raise (i.e.`°uplift") to the relative priority and preemption capabilities on the lines associated with the CTN. The Incident Managers' uplift requests are sent to the FirstNet Evolved Packet Core, which sends back a result so that the Incident Manager can monitor the response from the network. Uplifts may be performed for a minimum duration of 1 hour and a maximum of 24 hours. Uplift only affects an Authorized User's experience in times of congestion; if the network is not congested, an uplift will be established, but there will be no discernible difference in the network experience. In order to be uplifted, a line must be provisioned with First Priority. SD-3.2.1.4. FirstNet Federated Identity Credential and Access Management(ICAM) The FirstNet Federated ICAM is a front-end application through which FirstNet Public Safety Entities can create and manage digital identities and credentials for logging into FirstNet Local Control.With the FirstNet Federated ICAM, Customers'Authorized Users and other authorized personnel can log on to FirstNet Local Control directly using Customer-supplied credentials through a single sign on process. Customers using the FirstNet Federated ICAM are subject to the following terns: • Customer must complete the AT&T FirstNet Partner Federation Form that is provided by its AT&T Account Representative. • Customer must establish a unique username and authenticator (password or similar authenticator) for accessing and using FirstNet Local Control. Customer may modify its username and authenticator at its discretion. Customer is responsible for maintaining the confidentiality of its authenticator, and Customer accepts responsibility for all activity that occurs through FirstNet Local Control in connection with that authenticator. AT&T has the right to rely on the authority of anyone accessing Customer's account, through FirstNet Local Control or otherwise using Customer's authenticator. • Customer must create and maintain a hyperlink from its intranet to FirstNet Local Control. AT&T reserves the right to approve the hyperlink, and, at AT&T's request, Customer will provide an actual representation of the hyperlink including, without limitation, any text, icons, graphics and design for review. Customer's Authorized Users and other authorized personnel may only access FirstNet Local Control through the hyperlink and may access only such information that is authorized. Customer must take reasonable care to ensure that its Authorized Users and other authorized Amendment No. 11 Page 22 of 2 Contract No.: DMS-10111-008A-041618110/16/18—Ic4267—"C"—Support Request 1-9DBLVMI Page 273 of 697 personnel comply witn the requirements governing use of the FirstNet ICAM that are provided to the Customer during the onboarding process. Customer's right to use the FirstNet Federated ]CAM is subject to AT&T's right to revoke access to the ICAM at any time in its sole and absolute discretion. Use of FirstNet [CAM is optional. By choosing to use FirstNet ICAM, Customer acknowledges and agrees that, while the law generally prohibits the unauthorized interception of and/or access to electronic communications, privacy cannot be guaranteed, and Customer agrees to hold AT&T harmless in the event of any unauthorized interception. SID-3.2.2. AT&T FirstNet Optional Services SD-3.2.2.2. AT&T Enhanced Push-to-Talk AT&T Enhanced Push-to-Talk("EPTT") provides Authorized Users an instant voice communication, allowing them to efficiently communicate with individuals or large groups of people at the push of a button. AT&T EPTT is particularly well suited for Authorized Users in leadership roles, as well as others doing time sensitive work, where instant or group oriented communication is essential to an effective response to a critical situation. As the capabilities, capacity and coverage of the NPSBN increases, AT&T EPTT will continue to enhance and optimize Authorized Users' group communications services. AT&T EPTT provides exceptional reliability, fast call performance, and crisp voice quality, and can be integrated with two-way radio systems at the network level. See Sales Information in Pricing Section for standalone and feature FirstNet EPTT Plans for all Authorized Users. EPTT service is subject to the AT&T Enhanced Push-to-Talk Service Guide. To the extent of any conflict between the terms and conditions of the AT&T Enhanced Push-to-Talk Service Guide and this Amendment, this Amendment's terms and conditions will control. SD-3.3. FirstNet Equipment Public Safety Entities and their Authorized Users can choose from a broad portfolio of commercially available devices and accessories to meet the demands of administrative personnel and front line first responders. The portfolio includes choices from premium smartphones, rugged smartphones and feature phones, tablets, laptops, wearables, trunk mounted modems/routers, and accessories (remote speaker mics, cases, covers, headsets, etc.). Customers will be able to choose devices that are on the Android, iOS, or Windows operating systems. FirstNet equipment is certified by AT&T. Available FirstNet equipment includes FirstNet Capable and FirstNet Ready devices. "FirstNet Capable" refers to a device that, either out-of-the-box or with an original equipment manufacturer's update: (a) utilizes a FirstNet SIM; (b) auto-provisions the proper IMS services after SIM installation; (c) supports High Priority Access (HPA); and (d) appears on the National Institute of Standards and Technology (NIST) List. A FirstNet Capable device may need to be unlocked prior to use with FirstNet. "FirstNet Ready" refers to a device that, out-of-the-box: (a) utilizes a FirstNet SIM, (b) auto- provisions the proper IMS services after SIM installation; (c) supports HPA, all AT&T commercial LTE Bands and Band 14; (d) meets band priority selection technical requirements; and (e) and appears on the NIST List. SD-4. Invoicing Public Safety Entities will be invoiced pursuant to the terms of their agreement with AT&T. Subscriber Amendment No. 11 Page 23 of 27 Contract No.: DMS-10/1 1-008A-041618/10/16/1&-Ic4267-"C"-Support Request 1-9DBLVMI Page 274 of 697 Paid Users will be invoiced pursuant to the terms of the Contract. ® FirstNet Network Security The FirstNet Security Operations Center helps to maintain the safety, security, and resiliency of the NPSBN by monitoring dedicated network elements against security threats. The FirstNet Security Operations Center serves as an advanced nerve center (central command and control) for identifying and directing the resolution of security issues that impact the NPSBN. The FirstNet Security Operations Center works closely with the AT&T Global Network Operations Center, where they share visibility into the network using best-in-class tools, processes and procedures. This collaboration fosters proactive operational and situational awareness to help protect the network, addressing the needs for security intelligence and the rapid resolution of impending or newly discovered threats. The FirstNet Security Operations Center: • Maintains active monitoring of the NPSBN to help protect against security threats. • Works closely with Public Safety Entities and federal agencies for situational awareness. • Monitors the network using a sophisticated defense- in-depth architecture. • Utilizes historic records to monitor for patterns using complex data mining technology. Draws on the expertise of best- in-class security experts SD-6. AT&T FirstNet Support AT&T will provide a dedicated AT&T FirstNet life cycle management team. ATT will provide help desk support 24X7, 365 days per year for Public Safety Entities and their Authorized Users. -7. Privacy When providing FirstNet services, AT&T adheres to the Privacy Policy located at https://www.firstnet.com/privacy-poligy. The Privacy Policy has been reviewed and approved for use by the FirstNet Authority. Pricing O -1. Pricing Prices for Plans, Optional Features, and Additional and Supplemental Services are provided in this Amendment. unless provided in this section. P-2. Plans P-2.1. Agency Paidi r Plans and Agency PaidPrimary P-2,1.1. Agency Paid Primary User Plans and Agency Paid Extended Primary User Plans for State and Local Government Public Safety Entities Agency Paid Primary User Plans and Agency Paid Extended Primary User Plans, which allow State and Local Government Public Safety Entities Public Safety Entities to purchase voice, data and text plans for their Agency Paid Users, along with relevant terms and conditions, as detailed in this Amendment. Agency Paid Primary User Plans and Agency Paid Extended Primary User Plans, which allow State and Local Government Public Safety Entities Public Safety Entities to purchase Machine-to-Machine (Telemetry) plans for their Agency Paid Users, along with relevant terms and conditions, as detailed in this Amendment. Amendment No. 11 Page 24 of 27 Contract No.: DMS-1 011 1-008A-041618/10/16118—Ic4267—'C"—Support Request 1-9DBLVMI Page 275 of 697 P-2.1.2. Agency Paild PrimaryUser Plans i tPrimary r Plans for Volunteer and Other Non-Government Public Safety Entities Agency Paid Primary User Plans and Agency Paid Extended Primary User Plans, which allow Volunteer and other non-governmental Public Safety Entities to purchase voice, data and text plans for their Agency Paid Users, along with relevant terms and conditions, as detailed in this Amendment. Agency Paid Primary User Plans and Agency Paid Extended Primary User Plans, which allow Volunteer and other non-governmental Public Safety Entities to purchase Machine-to-Machine (Telemetry) plans for their Agency Paid Users, along with relevant terms and conditions, as detailed in this Amendment. P-2.2. SubscriberiPlans Pricing for the FirstNet Mobile— Responder Plans and FirstNet Mobile— Responder Unlimited Plans, which allow Subscriber Paid Users to purchase voice,text and data services under the AT&T FirstNet Solution, along with relevant plan terms and conditions, as detailed in this Amendment. - AT&T Enhanced Push-to-Talk Pricing can be found in this Amendment. End of Service i Amendment No.11 Page 25 of 27 Contract No.: DMS-1 011 1-008A-041618110116/18—Ic4267—"C'--Support Request 1-9DBLVMI Page 276 of 697 Exhibit Sales Brochures r, MA Adobe Acrobat FirstNet FirstNet Document GOV-Primary 2018-OGOV-Extended-Prim THIS SPACE INTENTIONALLY LEFT BLANK Amendment No. 11 Page 26 of 27 Contract No.: DMS-1 011 1-008A-041618/10/16/18—Ic4267—°C"—Support Request 1-9DBLVMI Page 277 of 697 Exhibit C Preform,d Pricing Affidavit PREFERRED PRICING AFFIDAVIT Regarding the Contract between AT&T MOBILITY NATIONAL ACCOUNTS LLC And Stato of Florida, Department of Management Services Contract No.: DMS-1 0111-008A To be executed annually The undersigned Contractor hereby aftesW that the Contractor is in compliance with Section 4.4, ,Compefdive Pricing, of the Contract. Contractor Name' AX&T MOBILITY NATIONAL ACCOUNTS LLC ContractolOs Federal Employer Idea tnffildau 1 n Number (FEIN#): 84-1659970 Authorized Signature, .................. Print Name: Linde J Coffingham ............................ ........... Title- Sr. Contract Manager Dates 10119/18 Sworn to or affirmed) and subscribed before me on this day of 0-Aiv by J� T�1� m COMM42215690 NOTARY MUC-CAIN'RNIA (%gnature of, otary) PiACER COUNTY Check One. oPersonally Known PProdi ced the following I D Amendment No, 11 Page 27 of 27 Contract No.:DMS-10/1i-00aA- 3613110116/18-1 267-"C'-Support Request 1-MBLVIVII Page 278 of 697 E Ciftj Boynton Beach Finance/Procurement Services P.Q. Box 3.10 Boynton Beach,Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 September 19, 2018 Proposal': BEACH EQUIPMENT CONCESSION FOR OCEANFRONT PARK RFP No.: 007-2730-16IJMA Agreement between the City of Boynton Beach and OCEANSIDE BEACH SERVICE, INC.: PROPOSAL RENEWAL TERM: DECEMBER 16, 2018 TO DECEMBER 15, 2099 Yes, I agree to renew the existing proposal under the same terms, conditions, and pricing for an additional cine-year term. No, I do not wish to renew the proposal for the following reason(s) OCEANSIDE BEACH SERVICE, INC. NAME OF COMPANY SIGNATOR ] C? -T- NAME NAME OF REPRESENTATIVE TITLE (please print) /0 7A / DATE (AREA ODE) TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 279 of 697 6.J. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH '• AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Accept the written report to the Commission for purchases over $10,000 for the month of October 2018. EXPLANATION OF REQUEST: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: "Further, the City Manager, or in the City Manager's absence, the Acting City Manager is authorized to execute a purchase order on behalf of the City for such purchases under the$25,000 bid threshold for personal property, commodities, and services, or$75,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or Acting City Manager. Below is a list of the purchases for October 2018: Purchase Order Vendor Amount 190246 Champion Solutions Group $ 14,217.00 190255,190256, 190258, & 190259 Atlantic Southern Paving & Sealing $ 15,040.25 190287 NafI Restroom Trailers, LLC $20,900.00 190294 From Green to Greener, Inc $ 62,969.93 190304 Metro Dade K 9 Services $ 11,500.00 190305 Al Air Solutions, LLC $ 17,800.00 190330 Papico Construction Inc. $ 12,800.00 190332 Classic Controls, Inc. $24,453.00 190349 Carahsoft Technology Corp. $ 14,067.13 190372 Johnson-Davis, Inc. $ 58,120.00 HOW WILL THISAFFECT CITYPROGRAMS OR SERVICES? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. FISCAL IMPACT: Budgeted This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. ALTERNATIVES: None STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 280 of 697 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description a Attachment Back-UP Page 281 of 697 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER$10,000 FOR OCTOBER 2018 1. Vendor: Champion Solutions Group Purchase Amount: $14,217.00 Requesting Department: ITS Contact Person: John McNally Brief Description of Purchase: Date: 10/10/18 Vmware support&subscription annual renewal. The Vmware software allows computer servers to run "virtually"as applications within the memory and processor space of larger,shared server hardware. The City and Utilities IT divisions rely heavily on the VMware software given that it runs almost all of our file-, print-,and application-servers. It provides information on a 24 hour by 7 day,basis to internal staff,as well as external customers through our internet connections. Source for Purchase: Three Written Quotes Fund Source: 001-1510-513-46-91 -$9,341.00 2. Ve401-2821-536-46-91 -$4,876.00 ndor: Atlantic Southern Paving&Sealing Purchase Amount: $15,040.25 Requesting Department: Public Works Contact Person: Gary Dunmyer Brief Description of Purchase: Date: 10/10/18 PO 190255-Hester Center sidewalk restoration-Task order#ASPS-03-100418 -$5,037.50 PO 190256-Sara Sims sidewalk restoration-Task order#ASPS-05-100418-$5,359.00 PO 190258-New Kinetic artwork pads on E.Ocean Ave.-Task order#ASPS-02-100418-$2,451.00 PO 190259-Thermo Striping on SW 8th St.-Task order#ASPS-04-100418-$2,192.75 Source for Purchase: Bid#010-2512-18/IT Fund Source: 691-5000-590-04-93-$5,037.50 303-4904-541-63-24-$10,002.75 - CP0263 3 Vendor: National Restrrom Trailers, LLC Purchase Amount: $20,900.00 Requesting Department: Public Works Contact Person: Andrew Mack Brief Description of Purchase: Date: 10/11/18 Two station restroom trailer for P.D.at 2045 High Ridge Rd. Source for Purchase: Three Written Quotes Fund Source: 001-1214-512-64-02 --- TS2045 4 Vendor: From Green to Greener, Inc Purchase Amount: $62,969.93 Requesting Department: Public Works Contact Person: Gary Dunmyer Brief Description of Purchase: Date: 10/12/18 Earthwork,clearing and grubbing at Sara Sims. Source for Purchase: Three Written Quotes Fund Source: 303-4218-572-63-05 - RP1820 Page 1 Page 282 of 697 5 Vendor: Metro-Dade K-9 Services Purchase Amount: $11,500.00 Requesting Department: Police Contact Person: Captain Zeller Date: 10/15/18 Brief Description of Purchase: Purchase of a new K-9 for our new K-9 Handler. Metro-Dade K-9 is the highest priced quote. However,we have Purchased our last 5 K-9s from this company and have had tremendous success. In addition,they are located in Miami Dade and always available(phone and in person)for any issues that may arise. It is our recommendation that Metro- Dade K-9 is selected based on prior positive experiences and the level of services they have provided. Source for Purchase: Three Written Quotes Fund Source: 691-5000-590-04-32 6 Vendor: A-1 Air Solutions Purchase Amount: $17,800.00 Requesting Department: Public Works Contact Person: Gail Mootz Brief Description of Purchase: Date: 10/15/18 Replace exisiting 12.5 ton RTU#1 at 2045 High Ridge Rd.,temporary leased Police Department Facility. Source for Purchase: Three Written Quotes Fund Source: 001-1214-512-64-02 7 Vendor: Papico Construction, Inc. _ TS2045 Purchase Amount: $12,800.00 Requesting Department: Recreation Contact Person: Wally Majors Brief Description of Purchase: Date: 10/18/18 Resurface with laser grade of 2 Har-Tru clay courts at Tennis Center(courts 3 and 4). Source for Purchase: Three Written Quotes Fund Source: 001-2710-572-49-17 8 Vendor: Classic Controls lnc. _ - Purchase Amount: $24,453.00 Requesting Department: Utilities Contact Person: Phil Taylor Brief Description of Purchase: Date: 10/18/18 Production well flowmeters used throughout wellfield. Source for Purchase: Sole Source Fund Source: 403-5000-533-65-02 WTR105 Page 2 Page 283 of 697 9 Vendor: Carahsoft Technology Corp. - - - Purchase Amount: $14,067.13 Requesting Department: Utilities Contact Person: Waneya Bryant Brief Description of Purchase: Date: 10/19/18 Digital Signatures at Carahsoft. Source for Purchase: Piggyback GSA Contract Fund Source: 401-2821-536-46-91 #GS-35F-0119Y 10 Vendor: Johnson-Davis, Inc. -- -- Purchase Amount: $58,120.00 Requesting Department: Public Works Contact Person: Gary Dunmyer Brief Description of Purchase: Date: 10/25/18 Drainage installation at Sara Sims. Source for Purchase: Three Written Quotes Fund Source: 303-4218-572-63-05 RP1872 Page 3 Page 284 of 697 PURCHASE ORDER CITY OF BOYNTON EACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190246 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/10/18 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: VMS LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 1.00 EA PRODUCTION SUPPORT COVERAGE 1496.0000 1496.00 VMWARE VCENTER SERVER 6 Standard for vSphere 6. .(Per Instance) . : VENDOR ITEM-110. UCS& ST13 P Sss-.0 2 1. 00 EA PRODUCTIONTPPORT COURAGE 1496.0000 1496.00 VMWARE .VCENTER SERVER 6 Stax�dsrd for vSphere 6 (Per'' Instance)' VEifDOR ZT'EI. NO VCS6-STD-P-SSS C 3 2 .00 EA PR>}13C7C"I'IQ SUPPORT; COVERAGE` 845 .0000 1690.00 VMWARE VSPHERE F Ent;erpr.is;e. Plus for 1 Processor VENY)Oi2 ;ITEM NO VS6 EPL=P-SSS_C 4 4. 00 EA PRODUCTION SUPPORT COVERAGE 8:4'5 00'00. 3380.00 VMWARE VSPHERE 6 Enterpprise Pl.u:s far T Processor V1NDOR ITEMNOV'S6=EPL -;P-SSS-�C 5 2.00 EA PRODUCTION SUPPORT :COVERAGE. . 0OD:0: 1690.00 VkkkRE VSPHER2: 6 Enterrrise P.l:us for .1 Processor ' VEI+I> 03: ITEM .NO. VS67EPL-P;SSS-C 6 4.00 EA PRbDJCTibN SUP.PORT :COVERAGE : : $45 (10`00 3380.00 VMWARE VSPHERE 6 EXiterrise: Plus for 1 Processor. UEND� R I,`I'EM: NO: VS6 .EP;h '.P-SS.S C' .. 7 1.00 EA PRODUCTION SUI'POR.T .COVERAGE U:.S 1085. 0000 1085. 00 FEDERAL VM.ARE vSphere 6 Esseint�als Plus it.' for .: 3 hosts (:Max 2 processors per host } VENDOR ITEM NO. VS6-ESP-KIT-P-SSS-C PROCUREMENT SERVICES: P.O. TOTAL: 14217.00 ACCOUNT NO, PROJECT SEE BELOW PURCHASING Page 285 of 697 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 : 190246 BOYNTON BEACH,F FLORIDA A 33425-0310 DATE:310 P.O. #10/10/18 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 3301 QUANTUM BLVD, SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: r d DATE NEEDED: BID NO: COMMISSION APPROVED: g r LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST EXTENDED REMARKS: VMWARE RENEWAL FOR- CITY. & UTILITIES RENEWAL TERM;: �1�1f18 lQ:f3:1/19 DO NOT MAIL pO ITS WILL SEND:..:TO. VENDOR PROCUREMENT SERVICES: _ P.O. TOTAL: ACCOUNT NO, PROJECT SEE BELOW PURCHASING Page 286 of 697 PURCHASE ORDER CITY OF BOYNTONH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACHB , FLLORIDA 33425-0310 DATE:#: 190246 VENDOR 7212 SHIP TO: TO: CHAMPION SOLUTIONS GROUP City of Boynton Beach 791 PARK OF COMMERCE BLVD ITS DEPARTMENT BOCA RATON, FL 33487 3301 QUANTUM BLVD. SUITE 101 BOYNTON BEACH, FL 33426 REQUISITION NO. ORDERING DEPARTMENT: DATE NEEDED: BID NO: COMMISSION APPROVED: g LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION EXTENDED UNIT COST COST * ACCOUNTING INFORMATION ONLY - DO NOT SEND THIS PAGE TO THE VENDOR* ----------------- ------CT DATE REQ.: BX PROJECT AMOUNT - ,. _ _ ------------------ 0000072237 10/01/18 ITS; 9341.00 00115105134691 0000072237 10/01,./3$ ITS 4876.00 40128215364691 . ------------- -------------- PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT PURCHASING Page 287 of 697 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $109000 Date: 10/28/2018 Requesting Department: I.T.S. Contact Person: Aaron Burri Explanation for Purchase: VMware Support & Subscription Annual Renewal. The VMware software allows computer servers to run "virtually" as applications within the memory and processor space of larger, shared server hardware. The City and Utilities IT divisions rely heavily on the VMware software given that it runs almost all of our file-, print-, and application-servers, which provide information on a 24 hour by 7 day basis to internal staff, as well as external customers through our internet connections. Recommended Vendor Champion Solutions Group Dollar Amount of Purchase 14,217 Source for Purchase (check and attach backup materials): Three Written Quotations X� GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: - - 001-1510-513.46-91 ITS -$9341.00 401-2821-536.46-91 Utilities - $4876.00 Approvals: Department Head _ Date /D Purchasing Agent � 1 ,�' A" Date lb Asst City Manager Date City Manager . - Datee ad c Form Revised 02/01/02 - -- Page 288 of 697 "vy F N$4a o H W W a �- A {Q w i �& 8 CCCAAA I I XX 4 s,Pr O z 0 a 9 CE O I o 0 0 0 0 0 k 0 0 0 0 0 0 W Cl) H z E- H H I H I I O HH m Cl yy W IHHz!-��rn I N 4 p O ' O H o .]U CFJG R: w0'W , ' a E+ W Z as o o w z z d 5 w 17 W o caw >4 I z Ix H m a RS F i H w U z4 x W U 4 Q7. a W Ul O D 0 O Ww Cq✓v H kd] ',7 ' U Vi Vi V1 Vl CI] v] � I+I V]m m �' a a a5 a a PP4 H W uu..II V1 yU,,V]zW ul ..... 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(Max 2 processors per host) I TOTAL $ 14 217.00 Applicable Sales Tax Not Included Champion Solutions Group has prepared this quote for you exclusively and it is considered to be confidential information.This document may not be disclosed in any manner to anyone other than the employees or representatives of the addressed firm who are directly responsible for evaluation of as contents. Sales Agreement This agreement is made by and between Champion Solutions Group(Seller)a Delaware corporation having its principal offices at: 791 Park of Commerce Blvd.4200,Boca Raton,FL 33487. 1.EQUIPMENT.Seller hereby agrees to sell and purchaser agrees to purchase from seller the above described data processing equipment, services and software. 2.TITLE.Tale,is between the seller and purchaser,shall remain with seller until the purchaser has paid the purchase price and all other incidental charges to this sale. 3.Purchaser shall execute and/or seller may file UCC Financing statements as the seller shall determine are needed to protect interests. Balance due upon invoice(Net 30).Shipping to be paid by customer.Software cannot be returned once it has been ordered. Customer Signature: Title: Date: Candice Chimenti Champion Solutions Group Tel.800-771.7000 Ext.122 / FAX#561.997-4043 Email:cchimenti@championsg.com Barry Kresfelder,Client Manager,1-800-771-7000 Ext.486 Page 291 of 697 GOVERNMENT- PRICE QUOTATION carahsoft. CARAHSOFT TECHNOLOGY CORP 1860 MICHAEL FARADAY DRIVE I SUITE 100 1 RESTON.VIRGINIA 20190 PHONE(703)871-85.85 1 FAX(703)871-8505 1 TOLL FREE(888)6VMWARE WWW.CARAHSOFT.COM VMWARE@CARAHSOFT.COM TO: John McNally FROM: Heather Bean Information Technology Services Manager City of Boynton Beach Carahsoft Technology Corp. 100 East Boynton Beach Blvd VMware Government Team Boynton Beach,FL 33435 USA 1660 Michael Faraday Drive Suite 100 EMAIL: mcnallyj@bbfl.us Reston,Virginia 20190 EMAIL: Heather.Bean@carahsoft.00m PHONE: (561)742-6070 FAX: (561)742-6092 PHONE: (703)889-9857 FAX: (703)871-8505 TERMS: GSA Schedule No:GS-35F-0119Y Term:December 20,2011-December 19,2021 QUOTE NO: 12750083 FTIN:52-2189693 QUOTE DATE: 08/29/2018 Shipping Point:FOB Destination QUOTE EXPIRES: 10/31/2018 Credit Cards:VISAIMasterCardhWEX RFQ NO: Remit to:Same as Above SHIPPING: Payment Terms:Net 30(On Approved Credit) ESD TOTAL PRICE: Cage Code:I P3C5 $14,259.00 DUNS NO:088365767 Business Size:Other than Small Sales Tax May Apply TOTAL QUOTE: $14,259.00 LINE NO. PART NO. DESCRIPTION LIST PRICE QUOTE PRICE QTY EXTENDED PRICE 1 VS6-EPL-P-SSS-F U.S.Federal Production Support(Subscription 78 GSA$874.00 $847. 12 VMware vSphere 6 Enterprise Plus for I processor $10,173.36 for 1 year VMware Inc.-VS6-EPL-P-SSS-F 9 Start Date:11/01/2018 10/31/2019.------------ 2 VCS6-STD-P-SSS- U.S.Federal ProductionSupport/Subscription F VMware vCenter Server 6 Standard for vSphere 6 $1,544.00 $1,497.68 GSA 2 $2,995.36 (Per Instance)for 1 year VMware Inc.-VCS6-STD-P-SSS-F 16 Start Date:11/01/2018 End Date:10/31t2019 3 VS6-ESP-KIT-P- U.S.Federal Production Support/Subscription $1,124 .1- .00 SSS-F VMware vSphere 6 Essentials Plus Kit for I year $1,090.28 GSA 1 $1,090.28 VMware Inc.-VS6-ESP-KIT-P-SSS-F 12 Start Date:1110112018 End Date:10/31/2019 SUBTOTAL: ------- $14,259.00 TOTAL PRICE: $14,259.00 TOTAL QUOTE: $14,259.00 "On behalf of Champion Solutions Group Utilizing Carahsofrs GSA Contract CONFIDENTIAL PAGE 1of1 QUOTE DATE: 08/29/2018 QUOTE NO: 12750083 Page 292 of 697 I MENN- Quote Number: 30409223-R:1 C:30JUN18 23:27:45 Account Number: 116681951 Account Name: CITY OF BOYNTON BEACH FLORIDA Address : 100 E Boynton Beach Blvd Police Department BOYNTON BEACH PALM BEACH FL 33435 United States Super User Name: JOHN,MCNALLY Super User Email: MCNALLYJ@BBFL.US Procurement Contact: James,Wilson Procurement Contact Email : wilsonj@bbfl.us Dear VMware Customer, This notice and quote is a courtesy reminder that your Support& Subscription (SnS)is set to expire soon or recently expired on 31-OCT-2018. Don't miss out on receiving the latest updates/upgrades and the security of being able to contact VMware's Global Support Services Organization. If you are not the appropriate person within your company to manage this renewal, please send an email to let me know with whom I should be working. Please review the below product detail to ensure accuracy. Please pass this quotation onto your preferred reseller or a local VMware VIP Reseller to assist you in purchasing this renewal. If you would like to co-term a number of licenses/contracts to one specific end date making future renewals an annual event please contact your VMware Support Sales Representative listed below. We ask that you consider a three year service extension for which we give the following discount:3YR-12%. If you choose to not renew your contract upon expiration,you will not be able to receive updates/upgrades or open a Support Request. If at a later time you decide to reinstate your SnS, the term will start the day after your previous contract expiration date and a 20% reinstatement fee will be applied on past due SnS and 1 year forward SnS. If you have already initiated payment of the below product(s) or are currently working with your local VIP partner,then please disregard this notice. We would like to take this opportunity to thank you for your continued business with VMware. If you require further information or assistance, please do not hesitate to send an email or call us. Sincerely, Mariana Zamora VMware Support Sales Manager P: E:zamoram@vmware.com Note: This quotation is provided pursuant to the terms and conditions of the license agreement that you executed when you acquired your licenses. VMware,Inc.3401 Hillview Ave,Palo Alto,CA,93404. Tel:1.877-486.9273 or 650-427-5000,Fax:650427-5001 Copyright C 2012 VMware,Inc.All rights reserved.VMware is a registered trademark of VMware,Inc. 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Q o N7 T� co ° a 8m m L6 $ g)mC ycccO «- m m Oc Q •O O m la y V to N Nd N lCa N N m a- m E c N > m EA E 'E ac a) 8 o > � ° Occ oN u> mm o >' m � tosQ z oV c� to d o E £ N m t CA•- to m 0 e� dcT ct o N3 m � c o O c o E .o r Q a d ID H N O > e+� .c oc E m m 7 d m € N 'o 0 m UCL U c 5 CL N O ,w 6 N ° a� 3 o ° o d E 8 8 cQc E o .9 o �2 E > v o � Z 2 N w U yN CL a) o a 'O N N 'O 4 to Q N N C c G Dd caoo ° 0 ta°) NU Ip E d c0 7 a mc EQ AE -2 •a°iE N= I c N Q a c aa) m Fm- m> 3 m c V u m N > L N C. N C •2 a '� N N c •o- c c O c O y m d d >> Ems N ° v �� Y m N N N a N c 2. ; m E 3 oc� m�c `m 2 E vii � > E c - a) am m tq v O 1) cam > a N o t5 a° ° c o a to m amii� n% > @2 a OrHEv >° a p 6 m NN cr. C > TG=E E -0 16 Nwe in �' o m N c m a m E co y0EA> in E ani m:oE d Op v a m E a� E o w c m is ° ; m a� T ca > n. om ON> c > a om Y `m > E� �mcm w `om m c N > " > mQwaEi n alai `mYL ca ? Nm c 2 �cm �, .EE m E ya0 E 7 V 7 y Q 7 Q Q C 3 CL to9 U) N .# 'O � 0 ��� O a N,O O 3 y, O 8 E d a3 7 m > 3 A LEN N r U > v d C U 0 • m m S Page 296 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 190255 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/10/18 VENDOR 17284 SHIP TO: TO.- ATTANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591. PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. '72236 ORDERING DEPARTMENT: ENIGINEERING/AGGA/GD DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 5037.50 DL HESTER COMMUNITY CTR-CONCREDTE 1.0000 5037.50 SIDEWALK FORM AND POUR 650 SQFT. 411 SIDEWALK $7.�.75-'P.FR, SQFT. RE.MRM Ks FIRN-4.�:-:�..: ....EST EXE'ER CC7RTRET SIDEWALK L3Il #.01-0-7L 2 5 12:-�:L 8/1.T 8j /18 cow Tsssrm APPROVED 8/-7`/�18:.. 01A-S-X� ORDER #ASP-8. 03-100 4-18 PROCUREMENT SERVICES: P.O. TOTAL: 5037.50 ACCOUNT NO, PROJECT 691-5000-590.04-93 PURCHASING Page 297 of 697 kt it ,. BOY-TON BEACH REQUEST FOR C 10t000 Date: 10/11/2018 Requesting Department: PW-Engineering Contact Penson: Gary Dunmer LlExplanationfor Purchase: for Sra Sims Sidewalk Restoration Task No.ASPS-05-100418, $5,037.50 for Hester Community Center Sidewalk Restoration Task No.ASPS-03-100418, $2,192.75 for SW 8th t thermo striping Task No.ASPS-04-100418 and$2,451.00 for E Ocean Ave Kinetic Art Pads Task No.ASPS-02-100418 Recommended Vendor Atientic Sotafihem Pavi &Sealing Dollar Amount of Purchase $15, 0.25 Sou;Three or Purchase(check and attach backup ria ): WrMen Quotations Q GSA Contract PMDEIRESPECT SNAPS Q Sole Source Piggy-Back Q Budgeted Item Emergency Purchase Q Other Contract Number: Bid No.010-2512-18/IT NOTE: Pftna pfd for pumheee must be praewW M the some detel conkdned VAM the=*ad Fund Source for Punch 303-4804-541-63-24$2,451.00, $2,192.75, $5,359&691-5000-580-04-93$5,037.50 Approvals: Department Head zr_.,. Date 1 Purchasing Agent ` Date �! l Asst City Manager e ...City Manager � I roan Revleed oxnovaa p_ Page 298 of 697 OD 00 H N W I I O O P7 I I \ \ I 1 I•-1 r•1 I I �to ui H I Or r F F FSI I m m FG a I O o Q Q a i I Ln to AS a I I s q I I t I I I � ` Z QHI o 0 H z v] I to to W O I o ^d FC H U I o r r a r 1"F a s 5C I m m FS w I o o i 3 Z I Ln to k. Q W I I w LO E tk ` yep v W O FE I o , Z W H w Hv) I O M W 7O N FL' U w U I O H I CA z H o O Z H o U FC o I ]] O o �U i H ul O d UJ a FHia 04>1 OD I H I H w alp N I a Q I O U H z �H q w w ti w , Z£ F Ln i Z W II H cH0 P4 H i r i H U m O Z I m W H a Q FSI o I x Q U W z b I In H E D fx E W 01 1 I z z x Q I tD w w I I to F I 0 H u �rj) T a. 0 z FO W i to i U a m(Y m r I a H U .r-i 4-34ro I I m I C roc wm HW U rd w N O w a �w wi ww oq �I ow 4a� ao (t)Om .r~ EU 0 41H q H FZ a U E ao rd t).q S4 4J i-)O 0 I Ww rA acHq HW • UN JrdtD� F S4 C�7 I EQ SIO �U Orn U 0.A.H U' I QU) U Wu7 ZCg7 mSU-1G33bi PW4= O i a W Q.' 7 4J.0 54-.-1ul W O z a i z" F cwnH CQ E �»Q,l�41 w Mu H O I O • UPd I WH I UH Ii7Q I xw 00G row W4 � wmma)-H to W w P\ -IF a)m 0-.4 m.I,- W W U I a 01 Elro a I Fz•I a i E. 2FS i 0 rddN��GUr,r U PO o p Z I m OD \ rd(tl•rl•rl p z Q 7H Ln U W o H DD to is Ft 7 27• I W a H 3Q o a) o OH P!r:0-1 ,O 340:. z E5-1 0 a)m z ; 04 H vi 0) o Q w 0 U s4 FA O w >UA 4 �`d da)•r-I 4fd �O. O I Eo o0Oaa1R,O UH o ril HAmAqU EQ ° WH� roFH U a QOto w x H4'd F.WA. H 0 a4� zu ua - OUWM5 AJO� FCS O FG zli 3mOmq U4li H O W I rnaw0Q I H 01 W4)rQW0 C p F W I WoCRU m W a Q I x w Vl i H 0 v-r -H 0 0;j' cl-W O W Z V]ulF mOOONF4MQaW a x z(Yi I H I W H HN rn ,C;J-I P a)a):J4-1 V) aZ aH o C1�� Xo �O�7 .u,,2.Eia) PC E UoFC HOM3W4-1NroN Page 299 of 697 Greco-Arencibia, Adrianna Q,g� ' : ' I—Cxo3p ONNEWAW From: Dunmyer,Gary Sent: Wednesday, September 26,2018 9:50 AM To: Greco-Arencibia,Adrianna Subject: FW: Proposal For Hester Community Center Sidewalk. Adrianna, This will be another task item on the Atlantic Southern Paving P0. The proposal from Atlantic Southern in available in the link below. Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address:100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 = ; 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Majors,Wally Sent:Wednesday,September 26,2018 8:40 AM To: Dunmyer,Gary<DunmyerG@bbfl.us> Cc:Javier,Andrea<JavierA@bbfl.us> Subject:RE: Proposal For Hester Community Center Gary, Here's the gym expense account number. I also Cc Andre in HR so I can keep her in the loop. 691-5000-590-04-93. Wally Majors Director Recreation& Parks,Administration ` City of Boynton Beach 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 S61-742-6255 561-742-6238 MajorsW@bbfl.us I http://www.boynton-beach.org/ ar �1 F t 1 Page 300 of 697 qtr� "tt,tt,� �rsy�r9cs�s acz�o t America's Gateway to the Gulfstream Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Dunmyer,Gary Sent:Wednesday,September 26,2018 8:20 AM To: Majors,Wally<MBiOrsW _ bbfl.us> Subject: FW: Proposal For Hester Community Center Wally, The email below contains a link to the bid for the sidewalk at Hester. If you can send me an account no, I will have Adrianna issue a task order for the PO we have. Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering A Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 rf Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 x,4 a 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Rich Atzert via Pavement Layers<noreply@pavementlayers.com> Sent:Tuesday,September 25,2018 10:07 AM To:Dunmyer,Gary<DunmyerG@bbfl.us> Subject:Proposal For Hester Community Center Dear Gary, Thank you for the opportunity to bid your project. If you have any questions,please do not hesitate to contact me. Please click the following link: Hester Community Center to view/print/save your proposal. 2 Page 301 of 697 If you have difficulties clicking the above link, copy paste this link in your browser address bar: h s//jms.pavementlayers.com/ o osals/live/view/coo13/ l rolaosal 7 TWxNWeOwrO ME..df If you can not view the downloaded PDF file,please download Adobe Acrobat Reader from the following link: Get Adobe Reader. Best Regards, Rich Atzert Account Manager Atlantic Southern Paving and Sealcoating htti)://www.atlanticsouthqmL)ayLnl,-.pqm RichLei'Atlanticsou_thernpavinL.com Cell: 954-299-6114 Office: 954-581-5805 3 Page 302 of 697 Oo ', ASeS -oa - i oow� Concrete Sidewalk Proposal City Of Boynton each (Public Works-Engineering) Gary Dunmyer Project: Hester Community Center 1901 N Seamest Blvd Boynton Beach,Fl 33435 .-ATLAWTICSOUTHERN PAVING AM) SEALCOATING I Rich Atzert Account Manager Page 303 of 697 Your Pavement Contractor Company Info Contact Person ATLAMtCSQUTHERN PAYING AND SEALCOMING Rich Atzerl Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd R9ch�jdatlanticsouihernpavinb.,com Sunrise,Florida,33313 Cell:954-299-6114 Office 954-581-5805 P:954-581-5805 F:954-581-0465 http J .atlanticsoutherndaving.cam About Us We Solve Problems and Make Complicated Simple[ We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance &construction services to the residential,commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us:CLICK HERE FDT Certified Contractor Page 2 Page 304 of 697 I: Hester 1 Center ,rjAVeRG aa�SEALUCBA�TING Item 91 1'. form and pour 650 sgft.4"sidewalk @$7.75 per sgft. Page 3 Page 305 of 697 .00 mn N Price Breakdowiii: Hester CommUnIty Center AND StALCOATIMERG Please find the following breakdown of all services we have provided In this proposal.This proposal originated on September 25,2018, Item Description Cost -ded Iwo V7 Total: $5,037.50 Authorization to Proceed & Contract The above prices,specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment Will be me&as outlined. When signed,this document becomes a contract. E&OE We understand that If any additional work is required different than what is stated in this proposallcontract,It must be In a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project This pro a!is good fora period of up to 90 days from the date of the proposal Payment Terms We agree to pay the total sum or balance in full upon completion of this project. No deposit required. -4- Rich Atzert I Account Manager Rich a%n#csoLkthernayInc1.corn Q 954299-6114 Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise,Florida,33313 P:954-581-5805 F:054-681-0466 httP:1Ywww.atlanticsouth#mp4vtn ,g_,qoM Page 4 Page 306 of 697 TKSOUTHERN Attachments PAVING AND SEALCOATING Please click any of the links below to view and print all documents. Company Attachments About Us Certificate of Insurance 2018 Page 5 Page 307 of 697 PURCHASE ORDER CITY OF BOY TON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #: 190256 BOYNTON BEACH, BFOLORIDA 33425-0310 DATE: 10/10/18 VENDOR 17284 SHIP TO: TO: ATLANTIC SOUTHERN PAVING & SEA City of Boynton Beach PO BOX 15591 PUBLIC WORKS DEPARTMENT FT LAUDERDALE, FL 33318-5591 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72310 ORDERING DEPARTMENT: ENGINEERING/ALGA/GD • ' '' DATE NEEDED: BID N0: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO, AND DESCRIPTION UNIT COST COST 1 5348.50 DL CONCRETE SIDEWALK 1.0000 5348.50 2 10.50 DL BARRICADES 1.0000 10.50 REMAR'R.S SARA SIMS PARS SIDEWALK:RESTORATION BID #01.©:=2512-18/It, 8/7/18 CQ[�ttN1IS�20�iT APP:ROV$D F�f 7/18 :.. TASK. ORDER #ABPs Cl:i5 1(fi041:8! PROCUREMENT SERVICES: P.O.TOTAL: 5359. 00 ACCOUNT NO. PROJECT 303-4904-541.63-24 CP0263 PURCHASING Page 308 of 697 N TON BEACH REQUE" FOR PURCHABE OVER 100000 Date: 10/11/2018 Requesting Department: PW-Engineenn Contact Person: Gary Dunmer - Explanation for Purch : $5,359 for Sara Sims Sidewalk Restoration Task No. ASPS-05-100418, $5,037.50 for Hester Center Community Center Sidewalk Restoration Task No. ASPS-03-100418, $2,192.75 for SW 8th Streeet thermo striping Task No.ASPS-04-100418 and $2,451.00 far E Ocean Ave Kinetic Art Pads Task No.ASPS-02-100418 Recommended Vendor Atlantic Southern Paving &Sealin Dollar Amount of Purchase $15,040.25 Source for Purchase(check and attach backup materials): Three Written Quotations ® GSA State Contract PRIDE/RESPECT SNAPS ® Sole Source Piggy-Bade ® Budgeted Item Ernergencey Purchase Other X Contract Number: Bid No.010-2512-18/IT NOTE: Prldng pmposal for pumheso must be prewded M the same date!contained Aft the owdnwL Fund Source for Purchase:_ 303-4904-541-83-24$2,451.00, $2,192.75, $5,359&691-5000-580-04-93$5,037.50 Approvals: , Department Head Date 1,1B Purchasing Agent Date Asst City Manager gate . City Manager Ord Ve Folin 1/02 Page 309 of 697 m m H 1 C al C() m WI I 0 o P] I 0 o I +-I I Eo 0 0 E 1 I W W ' Om o m j W +-1 U1 ®r Md ne U1 Ln U1 Ix I �. m QI z I w � I > w I R r 1 w I ru..g CD I a Ib ' t zQE . o 0 0 o o a r� H 'Zi W I to to O I eW 3 W O I o rC E U I m o m o oLn z z W i Ln Ln O W i t" tri I a a ' Iji O E W HW O O •• , z r= E - W u n O O E O m N rx N Di H U i O O KC U U O IH o x H rl E H R CL o W E OH a s Q ' H I .114 X H H I W l a ri rl w fn (Na fril m z FC Oq i A D Ol i 0 U r7 3 rn 3 NF W�o �oN W I W 1N jwob W 00-4O.H Ill, 0 2 a o O �+ 1 o z P+WWW P H a F I N In , WU U p Ha m kx E i ao o 1 H U H Fc�F-I Q i f•1 -4 a s z O ; W i E x F Ix 0 z z W Q I Q H W W I W 1 O H Wz W I , U H cOq tw7 ' U z L14 F: 9U W Ul H P. via c]n i , q Q H a a m ' PO PQ H rn � I a o Q a N FA E. I I E 04 W i r Q I PQ H W W E C07 I W i Ld01 OXOx z W a a 0 H> Qa 01M �rW�W rn I hzl o i Ua IP ; WQaQ XHZH 1114 ; HWHCA moD rm rl o HulF-IO \ N a ' Zd, z R w 0 W E c} r -c_,, ao UW �4W N N w C4 3 3 q [r, M M Wo o E-, 2 ; WQ Fi P4 VO W CSA i ,�-I ' W o z l H.. .. .. , w w a w H O I WNQ W Q I E� w 9 ril a z F HI FO WHO I zo 0 O r� E , WHA qHz pm m H U W , EQ6 r1QX Ow w U0 O WM PHSi a£0 UH£0U Uo o z 2 <-- H W W U I U P9 P4' Pq I FC cn m H W 6'i E t^I O W I zOp F>;OD , a F QW , OUW UW Pa H a V)11 u a H w W o WU1 N W H H N W rH--I N W W '7. EO a F 00 00 Page 310 of 697 Greco-Arencibia, Adrianna From: Dunmyer,Gary Sent: Friday,October 05,2018 5:30 PM To: Greco-Arencibia,Adrianna Subject: FW: Proposal For Sara Sims Park Adrianna, This is the 5th task for the annual services contract. The account:303-4904-541.63-24, CP0263. Now this account and project no. should match the Cobra project we had so much fun with. Do you remember that. The task is shown as no five below: Project Task Order No. Project Name Contractor's Name Award Atlantic Southern Paving and ASPS-01-100418_ NE 3rd St and NE 9th Ave Sealcoating $478,230.00 E Ocean Ave Kinetic Artwork Atlantic Southern Paving and ASPS-02-100418 Pads Sealcoating $2,451.00 Atlantic Southern Paving and ASPS-03-100418 Hester Center Gym Sidewalk Sealcoating $5,037.50 Atlantic Southern Paving and ASPS-04-100418 SW 8th St Pavement Markings Sealcoating $2,1__92.75 Atlantic Southern Paving and ASPS-05-100418 Sara Sims Sidewalk Restoration Sealcoating $5,348.50 Atlantic Southern Paving and NE 4th Street pot hole repairs Sealcoating Thanks and get this done before you go home....TODAY! Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 i �T# Physical Address: 100 E_ Boynton Beach Blvd. Boynton Beach, Florida 33435 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Rich Atzert via Pavement Layers<noreply@pavementlayers.com> Sent: Friday,October 05,2018 5:24 PM 1 Page 311 of 697 To: Dunmyer,Gary<DunmyerG@bbfl.us> Subject:Proposal For Sara Sims Park Dear Gary, Thank you for the opportunity to bid your project. If you have any questions,please do not hesitate to contact me. Please click the following link: Sara Sims Park to view/print/save your proposal. If you have difficulties clicking the above link, copy paste this link in your browser address bar: httl)s:L/i.ims.pavementlay,ers.com/l rol osals/live/view/cool/ 1 pro sosal c zcvb6`3VTBdDuhH_p df If you can not view the downloaded PDF file,please download Adobe Acrobat Reader from the following link: Get Adobe Reader. Best Regards, Rich Atzert Account Manager Atlantic Southern Paving and Sealcoating h—i-. Iwww.atlanticsouthernl avin .com Rich�,atlanticsoutherni aving.com Cell: 954-299-6114 Office: 954-581-5805 2 Page 312 of 697 Concrete Proposal City Of Boynton Beach (Public Works-Engineering) Gary Dunmyer Project: Sara Sims Park 209 NW 9th Ct. Boynton Beach, FI 33435 ATLANTICSOUTHERN PAVING AND 5EALCOATING Rich Atzert Account Manager Page 313 of 697 Your Company Info Contact Person ATLAFMCSOUTHERN PAVING AND 5EAtCOATING Rich Atzert Atlantic Southern Paving and Sealcoating Account Manager 6301 West Sunrise Blvd Rich @atianticsouthernpaving.co_m Sunrise,Florida,33313 Cell:954-299-6114 Office 954-581-5805 P:954-581-5805 F:954-581-0465 http_.-//vyww.atianticsouthernpavin.g.com About Us We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance &construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please fond the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us:CLICK HERE FDOT Certified Contractor Page 2 Page 314 of 697 Proposal: Sara Sims Park ,kA csoUTNERN e.Ea 0AVIN6 A1dG SEALOOM Concrete Sidewalk 1. Item 91 @$7.75 per sqft. 2. New Concrete Sidewalk:We will form,place and finish 690 sqft.of 4 inch 3,000 psi concrete. Control& Expansion joints will be installed as necessary. 3. Finish: The final finish of the new concrete surface will be Brush-Finished. If you desire a different finish,please let us know prior to the acceptance of this proposal. Total Price for this item:$5,348.50 Barricades 1. Item 1 @.35 each up to 14 days. 2. 30 barricades. Total Price for this item:$10.50 Page 3 Page 315 of 697 r Price Breakdown: Sarai �(AVINc,wbSEal oanac Please find the following breakdown of all services we have provided in this proposal.This proposal originated on September 19,2018. . Item Description cost :4-60 ' .. 2 Barricades $10.50 Total: $5,359.00 Authorization to Proceed & Contract The above prices,spec cations and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed,this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposallcontract,it must be in a new contract or added to this contract. Please see all attachments for special conditions that may pertain to aspects of this project. This proposal is good for a period of up to 90 days from the date of the proposal. Payment Terms We agree to pay the total sum or balance in full upon completion of this project. 40%deposit upon contract. (A signed proposal and deposit are required prior to scheduling of the work) Rich Atzert I Account Manager Rich' atlanticsouthem avin .com C:954299-6114 Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise,Florida,33313 P:954-581-5805 F:954581-0465 hitt ://www.atlanticsouthern avin .com Page 4 Page 316 of 697 b e v AttachmentsATLANTICSOUTHERN -�. PAYING AND 5EAKLCOMINGDAiIkG Please click any of the links below to view and print all documents. Company Attachments About Us Certificate of Insurance 2018 Page 5 Page 317 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,FLLOBOXRIDA #: 190287 VENDOR 17299 33425-0310 DATE: 10/11/18 SHIP TO: TO: NAT`L RESTROOM TRAILERS LLC City of Boynton Beach TRACEY B MCCORMICK PUBLIC WORKS DEPARTMENT 64 WEDGEWOOD DR WEST SENECA, NY 14224 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72269 ORDERING DEPARTMENT: ENGINEERING/AGGA/AM • r DATE NEEDED: BID NO: COMMISSION APPROVED: • LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 18900. 00 DL 2 STATION RESTROOM TRAILER - 1.0000 18900.00 DELIVERED LEAD TIME: 2.-WEEKS .(ON SITE BY 10/03/18) . ,- 2 ST1.ATION 12 'T RE,S:TROOM TRAI7�7aR: .:., THIS .I:S A.. SELF CON.TAINET7 TRA'TL WI°TH GALLON WASTE TANK,; 125 GP+LLON FRESH WATER TANK; AC, HEAT STRIPS:, 3 YEAR WARRANTY: AND_REQUIRES_;1-3 0- . :SMF PLUG.FOR POWER UNIT WII:4 :BE COMPLETED AND R. A7Y FOR S I:pFING: FROM EL 1I .-.T, ,TN THE WEEK OF 10/1/ 018:. . WARRANTY.."INFORMATION 3 YEAR `LIMITED WARRANTY :ON OUR TILER. AXLES 2 YEAR LIMI'T'EDWARRANTY ON THE TR.I LER P;S: A WHOLE. 1 YEAF SEALANT, E ,ECTRICAL COMPONENTS, HYI3£2AULICS; HOSES, 'WALT�::Ct7VERING '..;. TRhvl: AND; PAINT ARE' :W. R'R TaET) THE :UAAk7&TIOR UAFtANTEES: THE PRODUCT AxAINST.. DEFECTS. 'iN MA.TERIA.LS ANIS' WORKMANSHIP::-:: THE. WARRANTY DESCRIBED IN` THIS AGREEMENT IS IN LEIU OF ALL. THIS WARRANTY SHALL APPLY TO THE RETAIL CONSUMER PURCHASER) PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 001-1214-512.64-02 TS2045 PURCHASING Page 318 of 697 HASE ORDER CITY OF BOY RTE ` FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,F LLORIDA 33425-0310 P.O. ##: 190287 VENDOR 1729.9 DATE: 10/11/18 TO: NAT'L RESTROOM TRAILERS LLC SHIP TO: TRACEY B MCCORMICK City Of Boynton Beach 64 WEDGEWOOD DR PUBLIC WORKS DEPARTMENT WEST SENECA, NY 14224 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72269 ORDERING DEPARTMENT: ENGINEERING/ALGA/AM DATE NEEDED; ®®' BID NO; COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. — � AND DESCRIPTION EXTENDED UNIT COST COST 2 2000 .00 DL SHIPPING TO BOYNTON BEACH 1. 0000 2000.00 REMARKS 2019 S"I"I7 IC?T RESTROOM TRAILER Fo-R p,',.' . PROCUREMENT SERVICES: � a P.O. TOTAL: 20900.00 ACCOUNT NO. 001-1214-512.64-02 TS22045T PURCHASING Page 319 of 697 x�t CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $102000 Date: 10/3/2018 Requesting Department: Public Works Contact Person: Andrew Mack Explanation for Purchase: Purchase of 2 station restroom trailer for PD at 2045 High Ridge Rd Recommended Vendor National Restroom Trailer Doll11 ar Amount of Purchase $20,900 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 001-1214-512-A'-Da project#TS2045 Approvals: Department Head Date Purchasing Agent Date Asst City Manager A Date City Manager Date Form Revised 02/01/02 Page 320 of 697 400 C 1 rf r-1 I rq aI N I+n W 1 O O I ch 'r, I 0 0 1 I o 1 >4x �' ® `� 1 � I 1 � 1 v I a 1 � I a R E4 FA o N n� u H z ea 1 H R7 0� e w cq H WH a ~ � H �N of �I aN w 1 �a z m a w I � I w LL 14 U9 I H '.l I m E 1 N I D3 x 1 a Eq I 1 Z pq I rn ' QGj� 1 NU H Q 1 a 3 1 {4.1 w 1 1 y, a NtX0 1 0 w awq�� P° H o aca�a 0 c 3 w i v aaN rn v 1 0 �Ca7l E �e H Ix7 W r H HO m3Z 1 W MIX N$DH4 Page 321 of 697 Ip co I I \ \ W I N m 0 0 1 W ' U I Eo 0 . 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O •• •• 1 1n In �Cz Uw Ha a mm zQm-->1Q E -0 E� w z H H 1 z w Z E o U H H H O E O r-I '-I O Q E 1 OE OZaa� 0 ?+ 1 1 , H >axWHE U'HE ON N H U a , HH H O a Z., F a W p�m F E W g E z Q E 1 O H H E O H 1 FE HUr.13 •H zr� W apry uGEz 00 Hoo U�4 H H a x 1 rG� A' , t7 Wa rCrt m 4 F �C�3 3u �EU a£U Uo 0 m U 1 H Ew wa ww wa w WWWW •m Em aE rho 0 H O w 1 m male 3H 04>aa� >10 >+QW WW 0ZOQ Ho , Q H W 1 W WNWOx y•� x >1W MPq OUm xUm W C4 Q i Na NV7H>1am '.'i1'•)iy N3 H',T,rSi FMO m I Yt x H W x z Ix1 w U) Hao 1 N ZH N H azl 1 a Page 322 of 697 Greco-Arencibia, Adrianna 1 ; From: Mack,Andrew Sent: Tuesday,October 02, 2018 7:45 AM To: Greco-Arencibia,Adrianna Subject: Fwd: NRT Restroom Trailer Investment return program(Buy Back) Attachments: image001 jpg;ATT00001.htm; National Restroom Trailers Investment Return.pdf; ATT00002.htm `Sent from my iPhone Andrew Mack, P.E.,CBO, LEED AP r Director of Public Works& Engineering r Public Works Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 1561-742-6211 MackA@bbfl.us I boynton-beach.org/ RA Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Begin forwarded message: From:"Zeller, Matthew"<ZellerM,@hbfl.us> Date:September 26,2018 at 8:18:08 AM EDT To:"Mack,Andrew"<MackAbbfl.us> Subject:Fwd: NRT Restroom Trailer Investment return program(Buy Back) Sent from my iPhone Begin forwarded message: From: "Bill McCormick"<billfainationalrestroomtrailers.com> Date:September 21,2018 at 10:19:17 AM EDT To: "'Zeller, Matthew"'<ZellerM,rbbfl.us> Cc:<thomas(cinationalrestroomtrailers.com> Subject:NRT Restroom Trailer Investment return program(Buy Back) Captain Zeller, 1 Page 323 of 697 ENA:Tx , AlN I 1 NATIO NAL RESTROOM TRAILERS NATIONAL RESTROOM TOAILEAS RENTALS National Restroom Trailers LLC, Investment Return Program: NRT LLC will Buy Back station Restroom or Shower Trailer from after a minimum of 6 months from the I delivery date. The Buy Back amount will be up to 80% of the original purchase price of I paid in the form of certified bank check. The 80% is contingent upon on the condition of the Trailer at this time. Client agrees to make no unnecessary alterations of any kind to any of tIhe mechanical or passive parts which includes, but is not limited to: AC System, Holding Tanks, Electrical connection, Light fixtures, Sinks, Moen Faucets, Wheelchair Ramp, Steps, exterior siding color and interior wall cover; General maintenance and repair will not alter this agreement • Client'agrees to allow NRT LLC employee on site to inspect and operateahe unit at the appropriate time. Client'will notify NRT 30 days prior when the trailer is no longer needed: Client will supply NRT LLC with a Title/MSO with no 3rd party liens listed. Buy Back does not included shipping charges for the delivery of product to the client o' Customer is under no contractual agreement to self the unite back to NRT LLC. Buy Back percentage will decrease to 50% after month 18 Signature N.R.T. LLC Date: I National Restronm Trailers/877-727-3621/Buffalo/Chicago/Overland Park KS/Anaheim CA/www.nationeirestroomtrailers.com Page 324 of 697 r I' i i _a 4t* LO cc � I � r z o a i� { v > ltttt) � : ! W ! car 0 4— 4-0 i F � � W O l 00 t y u 00 Page 325 of 697 i ( i' , a f l y 4i N C u = _ y 2 a -C °o £ L N O mi d N M2� m , c 4A CL 11 1 N !p to•^r 0 y CL 3 y C N Ni0 O y w . C L '0. L 0 . ctl 3 r = d d 3 ar o p v1 O O C iV0 D = 0! 'O ate► r a2 10 La s. + C ++ Ln C i3 y Ci -- E t0 OW =L of MZ d ° m, £ -o d s o c d 3 ?00 xd °y' m ,� ,� _ u s a o y °° o ac c ; o c a o a'° = '� W � 41 O t d +7 'a Y C L 'd W '!0 C �l+ '� Qi r 10 d X U. d 'C H 11CLd u i of �' e6 'O = +,c :1 C N .0 C u p 1L9 3 -c w o =p � . CL Amt m a� ao 3Ys R o d ,� Z � v° en v°� vi V Q H �n a 3 vii .l O l w c. � m 74 X in 0 .4 12 y of 06 31 a { ... z S — .°� e • r Page 326 of 697 t t } ui, rtk E� i Fw '� s t r r ENO- � ir," Ef-1}rrt } f 1 ,�ylet Page 327 of 697 MHM ur, DO a f� f i' • _ .-fit -.- w � ' 40 . R l ► � tt � � f 1 •�. w . tl ,.r (1 r + + + � � 1 t„ r 1: El El j5 CJI UI CU a LL au W `� O, Q H a Y O C) d ® M C O C9 c _ _ to rZ z A 00 1= y t ' i d f E i p � S l 4 } l� Page 329 of 697 i f { '1 i ` N W CD M O CLCN U7 N F Z H d N 3 m O` z J N m LuO E^v Ly N Z p � o V Qwcc N Z QN C7 m o o n. ''- i M ° CN ~ m co L to o 0 w co Y :3 4� V c Q b it: O = 0 v- �+ — a; Co cin ¢ ¢ 0 z Q cc h° Page 330 of 697 0 C M _ —c:) co) w v w w c � � d s..0 Z c 3 d o L Z o ca Q �a y 4) m -cc � � m E y � w c a) V C L m y .' c0 U C E E `� lJJ ca [O C E C. O Y CO E C ~ C Q :3E E im os _E LO OAU' 0) •C N N C N .r = C 0 CU co m >, 3 Y J E N ai < U _ C E a __.`,k E w E e W o o coo mAl- 0 - ' m U N p U m p. > c er G m m cLc c° M H .� .+ to C m c w .0L Y m L N E 0 m N y w 3., - O m ccn c 7 c m p d c m E NO Oc t C t ?co 0 U d CN s L F— C f6 N w 3 G. N 0 t6 CL Q l4 V) OD a G Q O - J Q m = 0 m c a� 5, •3 a d to ~ o U a) c ,c 3 N cZ o J U L E m U U V M OL J ` Um 'o t 7 C Y h' t. �. J m co E C LL N f0 .E m O m Z' E' N N E 0) d N >, u T `1 c Z H H w 2 U U U m U m . C l+"0 _0 Z • • • • • s • • s lA k Page 331 of 697 Greco-Arencibia, Adrianna From: Mack,Andrew Sent: Tuesday,October 02,2018 7.46 AM To: Greco-Arencibia,Adrianna Subject: Fwd: NRT Restroom Trailer quote- Forest River 2 station Attachments: image003 jpg;ATT00001.htm; Boynton Beach Police Dept 2 st FR RT 9.18.18.pdf; ATT00002.htm Sent from my iPhone Andrew Mack, P.E.,CBO, LEED AP Director of Public Works & Engineering Public Works Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 1 ,. 561-742-6211 iD MackA@bbfl.us 1 boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. Begin forwarded message: From:"Zeller,Matthew"<ZellerM�bbfl.us> Date:September 26,2018 at 8:19:00 AM EDT To: "Mack,Andrew"<MackA bbfl.us> Subject:Fwd:NRT Restroom Trailer quote-Forest River 2 station This is the cheapest I believe Sent from my iPhone Begin forwarded message: From:"Bill McCormick"<bil I C@ national restroomtrailers.com> Date:September 21,2018 at 9:03:14 AM EDT To:"'Zeller, Matthew"'<ZellerMbbfl.us> Cc:<thomas(dinationalrestroomtrailers.com> Subject:NRT Restroom Trailer quote-Forest River 2 station Captain Zeller Here is your quote for a 2 station 12 ft Restroom Trailer. This a self- contained trailer with 370 gallon waste tank, 125 gallon fresh water Page 332 of 697 tank, AC, Heat Strips, 3year warranty and requires 1- 30 amp plug for power. Unit will be completed and ready for shipping from Elkhart IN the week of 10/1. Thank you, Bill McCormick National Restroom Trailers Toll Free:877-727-3621 ext 101 Cell:716-908-2519 www.nationalrestroomtrailers.com 2 Page 333 of 697 Greco-Arencibia, Adrianna From: Mack,Andrew Sent: Tuesday,October 02,2018 7:46 AM To: Greco-Arencibia,Adrianna Subject: Fwd: NRT Restroom Trailer quote-Comforts of Home 2 station Attachments: image001 jpg;ATT00001.htm; Boynton Beach PD 2st 12ft RT 9.21.18.pdf,ATT00002.htm Sent from my iPhone Andrew Mack, P.E.,CBO, LEER AP Director of Public Works& Engineering Public Works Mailing Address: P.O. Box 310 I Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 ] 561-742-6211 MackA@bbfl.us 1 (3,v, boyntan-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Begin forwarded message: From: "Zeller,Matthew"<ZellerMC-�bbfl.us> Date:September 26,2018 at 8:18:24 AM EDT To: "Mack,Andrew"<MackA cel bfl.us> Subject:Fwd:NRT Restroom Trailer quote-Comforts of Home 2 station Sent from my iPhone Begin forwarded message: From:"Bill McCormick"<bill :�nationalrestroomtrailers.com> Date:September 21,2018 at 9:58:52 AM EDT To: "'Zeller, Matthew"'<ZellerM(Tzjbbfl�us> Cc:<thomasnationalrestroomtrailerswcom> Subject:NRT Restroom Trailer quote-Comforts of Home 2 station Captain Zeller Here is your quote for a 2 station 12ft Restroom Trailer. This is a self-contained trailer with 450 gallon waste tank, 135 gallon fresh i Page 334 of 697 water tank, AC, Heat Strips, 5year warranty and requires 2- 20 amp plugs for power. Unit will be completed and ready for shipping from Aurora IL in 8-9 weeks. Shipping for this trailer from IL to FI is included in the quote. Thank you, Bill McCormick National Restroom Trailers Toll Free:877-727-3621 ext 101 Cell:716-908-2519 www.nationalrestroomtrailers.com 2 Page 335 of 697 comlem of ibme Senbos Ine office:877-727-3621 ext 101 9/21/2018 f) dU Fax:877-727-3621 Quote is good for 30 days ail SBMCeS.Inc. Em :bill[alnationalrestroomtrailers_com Aurora IL www.cohsi.com • a e ® ® e Boynton Beach Police Department SHIP TO: Name:Capt.Matthew Zeller Zip:33462 Name:Boynton Beach PD Address:209 N.5eabrest Blvd. Phone:561.302-8650 Address:TBD City,State:Boynton Beach FL Fax: City,State: Boynton Beach FL. Email:zellermoabhfl.us Contact:TBD Phone: 561-302-6650 i Quantity 1 = Baste Interior Package (White FRP) VMS= White Price Each $18,513.00 M!il'J P I _$18,513.00 _J STANDARD ITEMS •A/C(13,500 BTU)and Heat Strip(5,600 BTU) •Poly Insulation •Battery Powered Trailer Runaway Protection •Electric Brakes Heavy Duty Fold-up Alum.Steps&Handle Smooth Aluminum Exterior Siding Keyed alike Locks 2-5/16"Trailer Receiver •Timed Faucets •One Piece Aluminum Seamless Roof •Premium LED Trailer Lighting •Chip Resistant Undercoating •Oversized Structural Steel Beams •FRP(fiberglass wall panels) •Commercial PEX Water Lines •Marine Grade Sub Floor Steel Construction(No Wood Framing) Scissor Jack Levelers E-Z Lube Hubs Waste Tank Sight Gauge -HD Tube Framed Doors&Hydraulic Closures •Dexter(ITS)Independent Torsion Axles •Electric On Demand water heater-shower trailers •Vinyl sheet flooring i i i ) • 6'-6' I i " f }! y See the next nage for Onflonal Items OPTIONAL ITEMS,DELIVERY,AND TOTAL COSTS 1 Options listed on page 2 $3,204.M00 $ 3,204.00 13681 Delivery Charge per Mile $ 2.00 $ 2,736.00 Sub Total $24,453.00 Mult-Trailer $ - Sates Tax(.h.n.PPn_bl.) State: Tax Rate: $ - �PdA�PttICE I� 50%or PO Due upon order $ 12,226.50 i 50%Due Upon Completion , $ 12,226.501 Notes: Page 336 of 697 OPTIONAL ITEMS(some items may increase lead time) / S®rvicrs.lnc. - MORE - . 'Interior un rade to laminated two tone walls from FRP anelsF, r trailer foot} _ ,,. _.,.,_ $701 $0 9. .�( M.. Interior upgrade to laminate walls with wainscoting from FRP panels tear!taller foi $1103 $0 m — Interior upgrade to Grey Laminate walls with Bamwood accent wall from FRP panels per tnailer ft),New for 2018 $g0 $0 .._.M_ _ , U rade to fi ianel oak doors from high )rivii metal partition doors(per door) $300 $ 1-111 Generator mount on tongue of trailer with diamond plate encaasemen4.® w $3$0! 12 $30� __ t , i $1 000 ___ S03 Custom vinyl wrap of exterior of trailer(Customerto supply graphics for wrappm (per sc.ft.) F $20 $0 _. rade to Non Stock Aluminum(Stock Aluminum:White,Pewter,Charcoal) $250 _ $0 Upgrade to Non Stock Laminate(Stock Laminate.Linen Chocolate,Weddn�Cake Feather Grey). $250 $0„ .__ 1Remote Monitorinq Application Cycle Battery Rewired) $8501' $0 �.ro, ran_- �e��. w... . Solar Panel Chargino(per solar panel) $7...00[ $0 i Deep Cycle Battery(per battery) $250 $0 m, ,12 volt Package with LED Interior Lighting and Pumps(per trailer foot) $50 $0, Aluminum diamond plate to up ramp Cto be utilized with the drop box units) $3 300 $01 Lowering,Trailer with fold up Ramp on Rear(Removal of Tires and Bulldocy Jacks_ $3,800 $Q Aluminum Loweringtrailerwith fold upiramp on rear Whwhehair Wheelchair eO h drawl xecutnrisy Setup mN _ ... $9 800 „S i Lowering ADA box,with fold up ramp.on rear. e , y ..,. ,M, $5,60 0 $ ._ $0 . _ 0 ... $o, $0 st o Std Residential Toilet $01 ._ � 8 Lug Aluminum Wheels.)each'I $110 $0 Urlrade to ADA toilet w $500 $Oj Increase Trailer by 1 ft $750 $0 Add Toilet $450 _ $0 Powered VenUSky�ghtleacheachl __sem SO iAdd Urinal $4501 $0, t _ �Conan Style Countertop(perSink) $150} $0 Vent Cover kee s rain out each _ _$605 $0 Single sink to Sig le Cabnet $350 $0 2 a "� S185i $370 Sin le Sink to tuble Sink Solid $975f $0 Exterior Li hi feachl LED $210 $OI z '® u m $22 $44' Transformer for LED Lights $125 $0 �Stswsd .,!€air-tcld PaperUspsnser _ $0 Dina . . a ,a:z s _.. Spare Plate rock Uard, $350 $01 2 $4 s0i Enm�rcicar�.its�Ys Fr ie�PaPer Towel r�sspes7s¢r $90 _..Mrt. ...5� _..�.._ ...—� _ 80 MEEMEMINEMEW VacanVOccu iedaLED Indicators - m $125`—u$5$0 ,z (Hands Free 6 �1 D $90 $7801 1_ .Watertank/pump 225 gallons. $890 $7$0 Baby Chancling Station a9mS leap $275 $0 iWatertanklpump,30Dgallons �5 $1250 $0 MuslcAm„wr25eakersandu397socerdwayer $560 Water tank tank& ump,_400 allons $1,3501 $0 Electric Hand Dryer $650 $01 Hot Water He (cabineUutility) _ $2751 $01 Single Framed Mirror $190 $0 Wall heaters(each) $210 $0 (Double Framed Mirror Winterac ak ae{per trailerrfoot„ __ _...... a0 l _.....,,Fold Down Seat(15”) $205 _ $D 01 $0 ra sink�yyp#%,Wpilablel $475 $0 Urade to fiberg lass_subfloor(per trailer foot, .,......... Upgrade to vessel sink(persink) $150 $0 Outlets GFI protected aller foot} $1 PO $0- Ssiindgle sink to s ogle cab net(custom) _ $600 $0' 'Replace LPG tankless with electric $2401 stom $1,200 $0 $04 'Single sink to double sink solid cu $0 _ _ $0 _ $0 $0 $3,204.00 AGREEMENTS: 'Standard Terms are 50%payment to start an order,remaining due before delivery. PO's are acceptable from most government agencies and large corporations. "Buyer Must Agree to COHSI Terms and Conditions sheet. •_Final navment of unit will be due upon completion and before delivery unless special arran®emends are made `Items are the sole property of COHSI until full payment is made and must be turned over if payment isn't made within 90 days of delivery. "It is understood that no specific certifications,stamps or seals are provided with this trailer. Such items may be made available from a third party,at an additional cost. Any requests for these must be made prior to the production of the trailer,and will affect lead time. 'It is the purchasers responsibility to research and provide rrs with any codes or build standards unique to you area that affect the trailer construction or use. `Quoted lead times are estimated. Production times may vary due to circumstances beyond our control. Once the deposit is received,your order may not be cancelled or refunded. I approve the Trailer specs and options and terms as listed above. Signature: Date: Print Name: Page 337 of 697 Greco-Arencibia,Adrianna From: Mack,Andrew Sent: Tuesday,October 02,2018 7:46 AM To: Greco-Arencibia,Adrianna Subject: Fwd: NRT Restroom Trailer quote- Montondo Trailer 2 station Attachments: image001 jpg;ATT00001.htm;2 Station 716 Commercial $19,725.pdf;ATT00002.htm Sent from my iPhone Andrew Mack, P.E.,CBO, LEED AP Director of Public Works& Engineering 4a Public Works Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 fi Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6201 ( 561-742-6211 t . MackA@bbfl.us I y boynton-beach.org/ r ;f Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Begin forwarded message: From:"Zeller, Matthew"<ZellerM@bbfl.us> Date:September 26,2018 at 8:18:44 AM EDT To:"Mack,Andrew"<MackAbbfl.us> ....__ Subject:Fwd:NRT Restroom Trailer quote-Montondo Trailer 2 station Sent from my iPhone Begin forwarded message: From:"Bill McCormick"<bill unationalrestroomtrailers.com> Date:September 21,2018 at 9:36:02 AM EDT To:"'Zeller,Matthew"'<ZellerM@bbfl.us> Cc:<thornas�)nationalrestroomtrailers.com> Subject: NRT Restroom Trailer quote-Montondo Trailer 2 station Captain Zeller Here is your quote for a 2 station 8ft x 12 ft Restroom Trailer. This is a self-contained trailer with 300 gallon waste tank, 100 gallon fresh Page 338 of 697 water tank, AC, Heat Strips, 3year warranty and requires 3- 20 amp plugs for power. Unit will be completed and ready for shipping from Buffalo NY in 10-12 weeks. Shipping for this trailer from NY to FI would run an additional $2350 Thank you, Bill McCormick National Restroom Trailers Toll Free:877-727-3621 ext 101 Cell:716-908-2519 www.nationalrestroomtrailers._com 2 Page 339 of 697 s — t n 2018 2 Station 8'x 12' Commercial Restroom Trailer i$ 19,725 Plus Shipping Quality Components - Built to Last! - .J _ U }. J, r41 L.J r ut2fir L6g LSJL�^® LgJ J 1 'r u _...._ 11 4"e -_-. ......... 100 Gallon Fresh Water 300 Gallon Waste Tank Air Conditioning with Heat Strips(Restrooms only) ' One Piece Aluminum Seamless Roof Fold-Up Steps and Handrail White FRP(Fiberglass Reinforced Panel)walls Timed Chrome Faucets Aluminum Frame(Rust Resistant) oversized Structural Beams E-Z Lube Hubs Aluminum Roof and Wall Beams Battery Powered Trailer Runaway Protection HD Tube Framed Doors&Hydraulic Closures Keyed alike Door Knob Poly Insulation Premium LED Trailer Lighting Smooth Aluminum Exterior Siding PEX Water Lines High Privacy Toilet Partitions Powder coated Stalls Dexter(ITS)Independent Torsion Suspension and dividers Axles Plywood Walls Electric Brakes 2&5/16°Trailer Receiver Ducted or Non-Ducted Ventilation(Model Specific) Marine Grade Sub Floor Thick Painted Aluminum Skin Vinyl Sheet Flooring Exterior LED Lighting Page 340 of 697 CITY F PURCHASE ORDER BOYNTON CH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd, Suite 101 BOYNTON BEACH,BFLLORIDA 33425-0310 VENDOR P•O• #: 19029 17295 DATE: 10/12/1£ TO: FROM GREEN TO GREENER INC SHIP TO: 1859 WEST N CONGRESS AVE 33401 City of Bo ynton Beach PUBLIC WORKS DEPARTMENT 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72280 ORDERING DEPARTMENT: ENGINEERING/ALGA GD I DATE NEEDED; �•-- / • BID N0: m •®•'®• COMMISSION APPROVED: - — —_ LINE## —" QUANTITY UOM ITEM NO, AND DESCRIPTION EXTENDED 1 9316.25 DL CLEARING AND GRUBBING UNIT COST COST 2 13000. 00 DL TOPSOIL1. 0000 9316.25 DISPOSAL (STRIPPINGS) TO OFFSITE 1. 0000 13000.00 3 31370.00 DL CUT OFFSITE 1)TSPOSAI, 4 9283.68 DL SITEGRPD 1.0000 31370.00 ING 1. 0000 9283.68 REMARKS: EAEtI'HWORIL, . CLEARING & GRUBBING Q SARA SIMS: PROCUREMENT SERVICES: P.O, TOTAL. ACCOUNT NO. 62969.93 303-4218_572 63- PROJECT 05 RP1820 - - -- P11R!`NA canon Page 341 of 697 co wl O O ' � U H rI H P F , , P P N O O m Q Q a l ' z OI °H O n "D ®i x ' WU W �M O M N m Q 7Qi O H W , Hr7 VD x WI Om A a I w a W A 0 oz I I m � ' `j dam U zr U4, � j$ P$Illngg U] ; I t + £ HU Oolm m H Q[y I lfl pa z n yri. 3j x Oril i ro m 5H o 0 0 0 s IWq F U I l0 O O I ' �a y H X I H O n T I O o O O .,� W W ri ao O 0 O o N r I FC C7 m q G s k C7 O P ' 6 6 E H H a ' S 5 N ff 0 W z IFivi oo 0 p 0 I-� OI o0oo i z N 0 0 °° PO W O I o 0 o FC ry O p O 0000 I n A W U I o 0 o P O monc��l ° E E E a O C7 C7 I H H H O H , H H H H H H P H W W O N I p ° ' z Ul m'10()to P S-I Sd Sa S4 O H Ca F-4H NnIOI A; w w a a I`l LDHOI F4 N I H W H H H m H I '�-. N 154 CU-1 N z as OI Q A a a 11)ci O P m m cn m zSU H A A Q CJ 0 w ' ° WNrtlNrtlN R1N� l P O 0,4 >+ I In n; I ' G" h ao P m W m$4 m ✓ Z' H ax P ' N o 5 oHmHreHm�m '� a z Q41'4 avlau] 7 x a x p CN'R& W Ix qP a' ' n W E x a F w w Q z z tl]Z Uhl ' A H o w o m z a MIX uAl i U m vl c/] v] H° w A aA A a H I aao as w �' o ° z N yxH xclzzz w �P aw AaW aw 134 EWPWP x z w z z° WOWO C'J UH PUH UH UH ' xxxxWOWO Wa Hws wa PaE aFaEa x0 wIxo x0 ao oxoxoxox C7 xOQF 444) •• �/} .. I mH� AF H H H H o zz zz zz zz 5x�9w M �u5x w v C7� c7a ,. H a H a H a H a H a HAm mQwm ]Hq En SAA HQ c7 awn 5 fFrq��� 1 W a ; Cx7QO W00.0'� HQO oO p O � Q040 axon AaCx7 Oa0 ' M " z I W O 'Z 1 N N N N F.. .. W.. .. z .. .. H U P I P O Vl 7.I A H',al Q H 5"Q ' t!1 l71 W u'I HPO PO ' Pao m m co aI z°A� aAE w'E 2E- ' ate H H H c3 P O H I Hoo H°Q [f, N N N N H a [x ' xU OAU O � 0700 ' Oar al v m �U ' um A H m ' w0� WO'� �W W£W Uo o p o w p, Q UUm oum �u0� PiOvAj RC rI M m r+l I F U m x H W 3k m H Pxq I H N th V W az I ZH N M cM ' H ' a Page 342 of 697 rtiCITY OF BOYNTON BEACH t REQUEST FOR PURCHASE OVER $102000 Date: 10/3/2018 Requesting Department: PW/Engineering Contact Person: Gary Dunmyer Explanation for Purchase: Earthwork, clearing and grubbing at Sara Sims Recommended Vendor From Green to Greener Dollar Amount of Purchase $62,969.93 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4218-572-63-05, project#RP1820 Approvals: Department Head Date l PurchasingAgent g DateIr IG I Asst City Manager Date City Manager _ Date 'd /Jr Y Form Revised 02/01/02 Page 343 of 697 From Green to Greener Sara Sims Request of Bids for Clearing and Grubbing/Demo/Grading LL C[ AttiI11 AAID4ROsiaycCOOTROjS Quantity Units Unit Price Bid Total MOB/General Conditions Eath A Clearing and Grubbing 1.00 LS.50 AC $0.00 5 Silt Fence $9,316.25 Construction Entrance(50'x 20'x 6" 2,575.00 LF 2.00 EA $0.00 Subtotal $9,316 25 0 00 . Asphalt Demolition 1" Asphalt Demolition 1.5" 1,640.00 SY 1,696.00 Sy $0.00 Curb Demolition Type F LF $0.00 Remove Wheel Stops 2 522..00 00 EA $0.00 6"Concrete Demolition $0.00 4"Concrete Demolition 137.00 SY 233.00 Sy $0.00 Sawcut Existing Asphalt $0.00 Remove/Modify Existin Landscape Islands 394.00 LF 4.00 Eq $0.00 Remove Existing Bollards $0.00 Remove Existing Signs 118.00 EA 11.00 EA $0.00 1"Milling $0.00 Remove Existing Edging 584.00 A 135.00 EA $0.00 $0.00 EAR�#1W_Rg,>i�111DGi?AD1 �G`' Subtotal $0.00 _ _ Topsoil(Strippings)to Offsite Disposal 2,206.00 CY Proof Rolling $13,000.00 Cut to Fill-Dozer 26,525.00 SY 1,368.00 Cy $0.00 Cut to Offisite Disposal $0.00 Site Grading 3,137.00 CY $31,370.00 26,525.00 SY $9,283.68 Subtotal $53,653.68 TOTAL $62,969.93 Page 344 of 697 Greco-Arencibia, Adrianna ' From: Dunmyer,Gary Sent: Sunday,September 30,2018 7:55 AM To: Greco-Arencibia,Adrianna Subject: Items I need your help with Attachments: Luna Proposal Sara Sims Revised Bid Sheet 3.pdf;Green to Greener Revised Bid Sheet.xlsx;Jackson Bid.pdf; Revised Bid Sheet Rev 9-14-18.xlsx Good morning, Okay,this is my list for the week of October 1n: 1. 1 need a PO for from Green to Greener for the earthwork and clearing and grubbing at Sara Sims. You may need a COI and W9. The bids are attacked. C&G Earthwork TOTAL From Green to Greener $9,316.25 $53,653.68 $62,969.93 Johnson Davis $40,675.00 $76,489.00 $117,164.00 W Jackson $65,061.00 1 $69,562.25 $134,623.25 Luna $32,112.50 1 $154,692.25 $186,804.75 2. 1 need to dig up the old invoice for the landfill sampling. We would like to set up a requisition for 2 test this yea (one in October and one in April). The Utilities department has something set up for Pace Environmental Testing, but we need our own. I% lxelvt *2>1-1-11.&D 3. Follow up with Mack about Atlantic and his sign-off....They are supposed to start next week.✓ 4. More to come.....stay tuned. Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 i 561-742-5231 DunmyerG@bbfl.us i boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records late, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. v 1 Page 345 of 697 Greco-Arencibia,Adrianna From: Javier,Andrea Sent: Wednesday,October 03,2018 11:22 AM To: Greco-Arencibia,Adrianna Subject: RE:COI- From Greener to Green Attachments: From Green to Greener-GL.PDF, From Green to Greener-WC.PDF Hi Adrianna, The attached meet City requirements! Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management t Mailing Address: P.O. Box 310 j Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 101 Boynton Beach, Florida 33426 561-742-6044 bbfl.us JavierA @ baynton-beach.arg/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Greco-Arencibia,Adrianna Sent:Wednesday,October 03,2018 7:50 AM To:Certificate of Insurance<COI@bbfl.us> Cc:Javier,Andrea<JavierA@bbfl.us> Subject: FW:COI-From Greener to Green Hi Andrea, Attached is the revised COI,does it meet City requirements? Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste a Mailing Address: P.O. Box 310 Boynton Beach, Florida 33425 Physical Address:222 NI E.9th Ave. I Boynton Beach, Florida 33435 561-742-6596 C r 561-742-6211 "" Greco-ArencibiaA@bbfl.us f boynton-beach.org/ m+, .. r. ° �n.. 1 Page 346 of 697 _ 4 ®!f yg pp® Mr _...__ JWJ" ORUED OR Y POMAN,TM Mimf. 'l— i I Could you please have the correction made so that it meets the City requirements. Thank you Adrianna Greco-Arencibia Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 3101 1 Boynton Beach, Florida 33425 II Physical Address:222 N.E. 9th Ave. I Boynton Beach, Florida 33435 561-742-6596 561-742-6211 Greco-ArencibiaA@bbfl.us � ` bolmton-beach.arg/ N ';�'WWRZ�'j� �� �5�q ggg ,cs, s, Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject disclosure.Under Florida records law,email addresses are public records.Therefore, your e-mail communication anc your e-mail address may be subject to public disclosure. 3 Page 347 of 697 ArC®® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD1YYYY) 10/2/2018 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. _ the certificate holder s an AL the policy(les)must a endorsed. A subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: 1 Simple Employer Solutions II,Inc PHONE EM): 941-761-2882 (A/C,No): 941 896-3178 2722 Manatee AveW ADDRESS: nnoore@prodigyresults.com .ADDRESS: _........... - INSURER(S)AFFORDING COVERAGE NAIC# Bradenton Florida 34205 INSURER A: Normandy Insurance Company INSURED ........._ ......... —...... .........._._._.. ,,,,,,. ... ..... INSURER B: ..............--..-.- ._.. . ......... -_.... PEOProdigy,Inc INSURER C: 3914 SR 64 E INSURER D: INSURER E- Bradenton 34208 .INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR 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. PE OF.INSU_... "TA.DDUSUBR). -----......— .P'�€CCC'Y EFF T XP..... _. LTR' TYPE OF INSURANCE ...--...._. _.....-.__._. —, .,. IN50 WVD_ POLICY NUMBER i[MMfDOIYYY'F ;(MMf001YYYY) LIMITS —• COMMERCIAL GENERAL LABILITY EACH OCCURRENCE `$ i CLAMS-MADE F-1 OCCUR ' I PREMISES(Ea occurrence) $ MED EXP(Anyone person) $ _ (PERSONAL B ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: ! ( GENERAL AGGREGATE $ 17 OTHER f_ .........__._ JECT PRODUCTS-COMPJOPAGG $ PRO- LOC � „... -.-._.__......— _......._ �.$ --- POLICY ( i AUTOMOBILE LIABILITY , (Ea aeadent) $ -- ... _... ,. ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED --BODILYINJURYPer accident $ AUTOS AUTOS ( �_ ( ) .... HIREDAUTOS ANONO-0WNED ( '. �5-CT,FRDTJ-CF .$ ._.._ C ( (Peraocident) _..-----.... ... ........—._ ..._...... I UMBRELLA LIAB j OCCUR ( EACH OCCURRENCE Is _ _ __ AGGREGATE -$- . EXCESS LIAB 1 DED RETENTION$ WORKERS COMPENSATION -- -- ( $ AND EMPLOYERS'LIABILITYY/N - X STATUTE ER ANY PROPRIETORIPARTNERIEXECUTIVE - E.L.EACH ACCIDENT {$ 1,000,000 A 'OFFICERIMEMBEREXCLUDED? ❑N (NIA, NHFLOOS3042018 5/23/2018 5/23/2019 -- — t - — (Mandatory In NH) -E.L.DISEASE-EA EMPLOYEE!$ 1,000,000 If yes,describe Under ---- --- DESCRIPTION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT $ 1,000,000 � I t I DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more apace Is required) Polity provides coverage to leased employees in Florida but not subcontractors of From Green to Greener Inc Effective Date:6!8/2018 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Boynton Beach ACCORDANCE WITH THE POLICY PROVISIONS. 100 E.Boynton Beach Blvd. AUTHORIZED REPRESENTATIVE Boynton Beach FL 33435 (� ©l1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Page 348 of 697 , A ® - CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDM'YY) - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS 10/02/2018 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 - - _- CON ACT NAME. Hiscox Inc. NE n- _ Fax NE 520 Madison Avenue / �_ (888}202 3007 J C,No): E-MAIL w� -.. -- 32nd Floor ADoREss - contact@hiscox.com -_.....__........._-. ...��� _ New York,NY 10022 Nac n —.. "ER Sp AFFORDIN PCOyERAGE ----- .,.._—_ INSURERA: HIScoX Insurance Com an Inc 10200 INSURED _-- ^�—ERA- FROM GREEN Tp GREENER INC !NsuREIt e 1859 North Congress Ave INSURER C: West Palm BEach,FL 33401 "IN INSURER E; I --- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:_ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF p(7M1.IDY E.XP nrtM/DD NAR11'p DfYYY'A LIMITS }(i COMMERCUIL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 1 PREMISES(Ea rr c,rren $ 100,000 _ ,�.. _..-ce . a., -MEED EXP(Any one A — u—. .........— Y UDC-2353984-CGL-18 09/04/2018 09/04/20191 PERSONALSADVINJURY $ 1 OOO,OOD I GEN'L AGGREGATE LIMIT APPLIES PER I —"" f .•. I X (POLICY jEC LOC „.. GENERALAGGREGATE $ 2,000 000. -.— ..._ ! PRooucrs-coMProP AGG�$ 2000 000 OTHER: '"" �- - �� $ AUTOMOBILE LIABILITY ! i COMB NED SINGLE UMIT - tEa accident) $ '.....ANY AUTO _. ALL OWNED �DILY INJURY(Per pereon) $ SCHEDULED 1 ,� _ AUTOS AUTOS BODILY INJURY(Per accident) $ ( HIRED AUTOS AAUTONOWSWNED ( PROPERTY — _ f Per acc!dent! UMBRELLALIAB _-- — -- $ �. OCCUR ! I EACH OCCURRENCE EXCESS LIAB t is _ CLAIMS-MADE tttt —"...._ AGGREGATE i DED RETENTION$ I _„ •......�..$,_— —..- WORKERS COMPENSATION ----- $ AND EMPLOYERS'LIABILITY Y!N I I,•.. 1 STATUTE I ERH 1 ANYPROPRIETOR/PARTNER/EXECUTIVE -- "--_- - ---.,. OFFICERIMEMBER EXCLUDED? ❑iN/A� EL EACH ACCIDENT $ (Mandatory In NH) . "- If yes,describe under !' i E L DISEASE EA EMPLOYEE $ _ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT•$ a DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is requlred) _CERTIFICATE HOLDER - - CANCELLATION_ City Of Boynton Beach 100 E.Boynton Beach Blvd. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Boynton Beach FL 33435 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE XV C 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD Page 349 of 697 Johnson Davis, Inc. Sara Sims Request of Bids for Clearing and Grubbing/Demo/Grading Quantity Units Unit Price Bid Total CLEARING AND EROSION CONTROLS MOB/General Conditions Earth 1.00 LS $2,600.00 Clearing and Grubbing $2,600.00 Silt Fence 5.50 AC $6,000.00 $33,000.00 2,575.00 LF $1.00 $2,575.00 Construction Entrance(50'x 20'x 6" 2.00 EA $1,250.00 $2,500.00 Subtotal $40,675.00 EARTHWORK AND GRADING Topsoil(Strippings)to Offsite Disposal 2,206.00 CY $12.00 Proof Rolling $26,472.00 26,525.00 SY $0.50 $13,262.50 Cut to Fill-Dozer 1,368.00 CY $8.00 Cut to Offsite Disposal $10,944.00 3,137.00 CY $4.00 $12,548.00 Site Grading 26,525.00 SY $0.50 $13,262.50 Subtotal $76,489.00 TOTAL $117,164.00 Exclusion 1) Price does not include Asbestos abatment cost. 2) No permit fees are included. 3) No survey layout and as-built costs are included. 4)We don't believe we will hit any trees.So cost for tree protection is not included. Page 350 of 697 Luxes Sara Sims Request of Bids for Clearing and Grubbing/Grading-Revision 3 Date 09/19/2018 CLEARING AND EROSION CONTROLS MOB/General Conditions Earth 1.00 LS $12,500.00 $12,500.00 Clearing and Grubbing 5.50 AC $1,500.00 $8,250.00 Silt Fence 2,575.00 LF $1.50 $3,862.50 Construction Entrance(50'x 20'x 6") 2.00 EA $3,750.00 $7,500.00 Subtotal $32,112.50 ¢v; DEMOLITION -All demolition to be provided by City -All Offsite work is to be provided by city including asphalt removal,curb removal,milling and new asphalt paving curbing,striping&signage EARTHWORK AND GRADING Topsoil(Strippings)to Offsite Disposal 2,206.00 CY $10.00 $22,060.00 Proof Rolling 26,525.00 SY $0.65 $17,241.25 Cut to Fill- Dozer 1,368.00 CY $3.25 $4,446.00 Cut to Offsite Disposal 3,137.00 CY $10.00 $31,370.00 Site Grading 26,525.00 SY $3.00 $79,575.00 Subtotal $154,692.25 TOTAL $186,804.75 Price does not include asbesto abate- ment,surveying&asbuilts Work is limited to quantities shown Page 351 of 697 PROPOSAL DATE: 29 August, 2018 JOB NAME: SARA SIMS PARK REV2 ESTIMATE #: DM072618112 SUBMITTED TO: City of Boynton Beach STREET; 100 E. Boynton Beach Blvd. CITY, STATE & ZIP Boynton Beach, Fl. 3.3435 PHONE NO.: 561-742-6231 ATTENTION: Gary Dunmyer, MBA,.P.E. JOB LOCATION: Boynton Beach ENGINEER: Kimley Horn DATE OF PLANS: Dated June 2018, Engineer Date 6/11/2018 Topo Survey Dated 03/13/2018, Revised 03/21/2018 Jackson Land Development, LLC (JLD) hereby proposes to furnish labor, equipment, and material in accordance with the above-referenced plans as follows: Demo/Earth See Attached Detail: $ 134,623.25 GENERAL CONDITIONS: 1. This proposal may be withdrawn if not accepted within 30 days. 2. Prior to the contract Owner will provide a Noticc of Commencement. 3. Permit fees, survey/layout, as-builts, density testing and bonds are excluded from this proposal. (Payment and performance bond rate, if required, is 2% of contract amount.) 4. NPDES permits, requirements, testing, reporting or monitoring, by Others. 5.. "Punch List" work will commence when 90%of contract billings have been paid. 6. JLD reserves the right to verify quantities upon issuance of revised plans and or specifications. 7. Our proposal only includes items and quantities shown in our scope of work. 8. Any special request by Owner to work overtime/night time shall be handled via a case by case basis with the additional cost to contractor being paid by Owner. 9. Any additional work required not described or shown on plans shall be billed to Owner via Time & Material or Change Order. 10. Final payment will be made based on the actual units installed in accordance with the unit prices contained herein 11. All invoices submitted by the 251"are due and payable within 30 days. Ten percent (10%) retainage will be withheld until 1" Lift of asphalt and released upon satisfactory inspection of the work at that time, or reduced to 5% if final lift asphalt within 180 days of 1$1 lift asphalt. Retainage is not to be withheld pending approvals which are dependent on Owner or Others. 12. As to all materials and equipment and as to contractor's workmanship, JLD warrants against defects for a period of one (1) year from the time of final completion of the work. JLD warranty excludes remedy for damage or.defect caused by normal wear and tear under normal usage and by abuse, modifications, improper or insufficient maintenance., or improper operation by persons or entities other than JLD, or its subcontractors. Jackson Land Development, LLC 18Ir'111Irl 21NI Stieest F ori ip tc i Bea(,-,nFL 330jQ P1 0-154)1417�j Page 352 of 697 4� 13. All prices are based an a clear working area from building materials, stockpiles, other contractor worklequipment and vehicles as well as the subsequent trash and debris. 14. Proposal does not include any provisions for OCIP. EARTHWORK & GRADING: 1: Prices are based on one (lea) demoltion/earth work move-in and a continuous operation to completion. Any additional mobilizations will be made for the sum of$3,500.00 each. Proposal does not include phasing or partial releases. 2. Earthwork quantities based on the assumption that both the existing and and proposed grades are expressed in the same vertical datum. 3. Prior to performing the work we reserve the right to perform additional subsurface investigation and verification of the existing site topography.. 4. Our pricing is based on embankment construction typical for this geographical area. Notwithstanding the specifications, we exclude any gradation requirements specific to aggregate sizing and lift thickness. 5. We assume that all excavated materials can be used for construction in their original excavated form and condition without the need for additional manipulation or handling. 6. Removal and replacement, handling or disposing of unsuitable material (ie: trash, hazardous or contaminated material, arsenic; muck, debris, clay, or boulder) is excluded from this proposal. ILD will remove and replace as an extra to the contract on a Time & Material basis. 7. No selective clearing, tree relocation or tree protection is included in our clearing price. 8. Grading of landscape and slope areas to +/-0.2' tolerance one time only, in conjunction with the earth movement operation. No hand ,grading. 9. No landscape, irrigation or wetland plantings are included in our proposal. Nor is the associated preparation of these locations included in this proposal. 10. With regard to earthwork, JLD warrants that the grades and densities will be within the limit tolerances set forth in the Contract Documents at the time of completion of any phase or portion of the work, and that the work will be performed in accordance with trade standards and trade tolerances. JLD cannot warrant that the grades and densities will be maintained if the work is accepted by the Engineer andlor Owner, and Owner or other contractors or subcontractors or employees commence other construction upon the work performed by Jackson Land Development or allow it to be exposed to construction traffic or the elements. 11. This proposal does not include provisions for asbestos testing, removal or abatement. EXCLUSIONS: The following items ARE NOT included in this proposal: a) Removal, modification or relocation of existing utilities not depicted on plans. b) Existing utility pole relocation or pole support./hold. c) Fences, walls, gates, dumpster pads and enclosures. d) Irrigation repair that may fall in proposed utility area. e) Sod, seed, mulch, or landscaping. f) Maintenancelremoval of erosion controls after construction begins by Others. g) We have not included any allowance for sleeving of on-site public utilities h) Price does not include well abandonment. i) Vapor barriers or termite treatments. j) Asbestos testing, removal or abatement. k) Site furnishings (bike racks, trash receptacles, benches, etc) 1) Sidewalk, curb ramps and tactile warning. m)Refurbishing existing pavilion. n) Refurbishing existing double door gate. o) Alternate pricing. Jackson Land Development, LL Pl rE',-1e (9r-1 f ,/'3-1)i it) Page 353 of 697 { 7 p) Relocation of existing electrical panel. q) Removal of existing pump equipment and capping well. r) Removal of light poles and wires. s) Subgrade preparation, compacted subgrade, stabilized subgrade, baserock, asphalt, striping and signage. t) 1" overlay. u) Demolition. SIGNATURE: ------------------------------------------------------------- JACKSON LAND DEVELOPMENT, LLC -------------------------- ----------------------------------- CLIENT Jackson Land Development, LLC 14'He',I 1%,"J 21 :ti e:--4 ,0-167a, -Ra� 6-354-of.697. 08/29/2018 16:27 DM072618R2 SARA SIMS PARK REV2 ***DAVID MARING BID TOTALS Biditem Description Quantity Units Unit Price Bid Total CLEARING AND EROSION CONTROLS 1001 MOB.S/GENERAL CONDITIONS EARTH 1.000 LS 30,075.00 30,075.00 1010 CLEARING AND GRUBBING 5.500 AC 4,800.00 26;400.00 1020 SILT FENCE 2,575.000 LF 1.20 3,090.00 1045 CONSTRUCTION ENTRANCE(50'x 20`x 6") 2.000 EA 2,748.00 5,496.00 SUBTOTAL CLEARING AND EROSION CONTROLS $65,061.00 EARTHWORK AND GRADING 1206 TOPSOIL(STRIPPINGS)TO OFFSITE DISPOSAL 2,206.000 CY 18.25 40,259.50 1207 PROOF ROLLING 26,525.000 SY 0.10 2,652.50 1216 CUT TO FILL-DOZER 1,368.000 CY 3.00 - 4.104.00 1282 SITE GRADING 26,525.000 SY 0.85 22,546.25 SUBTOTAL EARTHWORK AND GRADING $69,562.25 Bid Total $134,623.25 *Notes: 1 Page 355 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 : 190304 BOYNTON BEACHB , FLLORIDA # 33425-0310 DATE: 10/15/18 VENDOR 13242 SHIP TO: TO: METRO-DADE K-9 SERVICES City of Boynton Beach 17940 SW 168 STREET POLICE DEPARTMENT MIAMI, FL 33187 2045 HIGH RIDGE RD. BOYNTON BEACH, FL 33426 REQUISITION NO. 72341 ORDERING DEPARTMENT: POLICE DATE NEEDED: BID NO: COMMISSION APPROVED: I_ LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 1. 00 EA POLICE SERVICE CANINE 11500.0000 11500.00 VENDOR ITEM NO. - NA REMARKS; NEW' DO NOS 1`43-IL:-:.PO:..' P: D WILL DELIVPR PO TO .VENDOR, CALL MAJOR MISE JOHNSON TO PICI{. p ?0... ` i PROCUREMENT SERVICES: 1 1 w. P.O. TOTAL: 11500.00 ACCOUNT NO. PROJECT 691-5000-590.04-32 PURCHASING Page 356 of 697 m m PY•j 1 1 I N r-I W I 1 I 1 I I 0 0 '-' 'A o o I W W R00 0 H F rC I H £O OLn LO 9 AA a l rn a FC H H >+ a0 i W I H Z pq Q I ONFz C . a w x� g WU(YI I . a Aa�c Q i I wen � oxo v I wrxFF I zxcn> MLaH O O Wo > O w z en I O O I I 1.2s U W p H H U IO O O > 'X I O O I I H Ln Ln W I H H In I H H W !n I F I 0 Yr 7 FF I oOI o0o Z H W Hen I O a O O O I t•'1 Ix U I 0 O H O 000 l , NQ I O H I H W r I o H H coo I y O �, I 0 H 000 I F O F I H O H ,A Mr O W I H H 1:) 'i I U o E H 01 ri) H W H N I Cn P4' I w w � N RC O O U F W W I i G h0 Di W O O 1 O I I z Z Ix H 04 H 1 O I I P4 " P' P''. E- a] IU--].. <a, p a P4 W OI > I I I z z W Az CQ H '` W w I Q en r l .... E- I I O H .!Tyl rn z w I I U E.mI� t07 ; U Z �. E H fst i U O P4 CA a m e/] H p O O U] a b H ' ] W 1-I F I E w j#U I W U 7. Td I v]O OH WR4 HH mrdH aU 00 WZ x0� I U]H I w Q P;«i o as W� UW I W04 LS I wxi W 0m W wan' O$•1 W U U H" ca HE H H U]o I N rn4 a a n 0 o UW G , jx U•U U�• I Uen I O FI t4(dray Z z I H Ol 2 O F E. i erw]H£ i p0 O 4a)rd H N I (]E I F-I Oa a i URS i om z N Uw H O U) a O n w ptt7 m F Q I OUen H H W P4 I I Ul •H{Q QJ Cx x zC4 I H I W H ✓ U) H PQ I I H H ih-OW-1 r-1-rl rl 1< - r-1 Page 357 of 697 CITY OF BOYNTON BEACH .� REQUEST FOR PURCHASE OVER $10,000 Date: 10/12/2018 Requesting Department: Police Department Contact Person: Capt. Zeller Explanation for Purchase: This is for the purchase of K-9 for our new K-9 handler. Three quotes were obtained $7300.00, $9000.00 and Metro Dade K-9 at $11,500.00. Metro Dade K-9 is the highest priced quote; however, we have purchased our last 5 K-9 from this company and have had tremendous success. In addition, they're located in Miami Dade and always available (phone and in person) for any issues that may arise. It is our recommendation that Metro Dade K-9 is selected based on prior positive experiences and Recommended Vendor Metro Dade K-9 Services Dollar Amount of Purchase 11,500.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 691-5000-590-04-32 e e a, Approvals: r Department Heade i ,_ i ,il� r' Date ' / Purchasing Agent Date Asst City Manager Date City Manager Date 111 _ Form Revised 02 _/01/02 Page 358 of 697 m .......... R �� = C0 Kot . Assistant Chief` Officca J�1�rl L 70: Roe DegiLjIio FROU Unifoi rr Services r ` r ff REP Purchase of a Nex f;.9 DA T October 12 2018 1 ,I- The Boynton Beach Police Department/K9 Unit is looking to purchase a new K9 for the agency. This m io contains information ar invoice/quotes from four different venders. Below is an explanation and request to purchase the new K9 from M o-Dade K9 Services. METRO-DADE K-9 SERVICES u� We would like to purchase the K9 from Metro-Dade K9 Services which is located in Homestead,Fl. Metro-Dade K9 Services has been a vender to our city/agency where we have previously purchase five other K9's. The quality of these K9's we have gotten from this vender been successfully and come with a limited guaranty on the K9 up through medical screening,until school certifications and the up to one year from purchase. Tony Guzman,the owner of Metro-Dade K9 Service is always available for problem solving if we or our contracted trainers are unable to solve the problem or concern. I would also consider Metro-Dade K9 Services to be a local vender to us being that they are located approx. an hour and a half away. Furthermore,in the past,if a problem as occurred with he has either replaced the K9 for anothe one,or has paid towards the cost of any medical procedure needing to be performed. The current cost of a K9 from Metro-Dade K9 Service i� $11,500. In addition,several surrounding law enforcement agency's use Metro-Dade K9 Services and are pleased with the K9's they obtain. Metro-Dade K9 supplies Federal Agencies,the State Department,Department of Defense,and New Police Department with K9's just to mention a few. SOUTHERN COAST K9 In contacting Southern Coast K9,I have obtained an internet inquire quote for the purchase of K9. In my correspondence with Southern Coast K9,they have quoted the amount of$9000.00 in order to purchase a K9. Southern Coast K9 is located in New Smyrna Beach, Fl. This located approximately three to four hours north of our agency. Furthermore,we have never used this company and should a problem arise,we would have to travel in order to have Southern Coast K9 replace the dog or assist in problem solving. Although less in cost to Metro Dade K9 Services,they are considerably further away should we need to travel back and forth to them for assistance?Margate Police Department is the only agency in the area that I am aware of that have purchased a K9 from Southern Coast K9. ED REYES K9 TRAINING I contacted and spoke with Ed the owner of Ed Reyes K9 Training in regards to purchasing a K9 for our agency. When speaking witl Ed,there are no dogs available for purchase and is was not clear when or if he would be getting more K9's in,therefore no quote can be provided. We have used Ed Reyes as a previous vender in 2007 for purchase a K9. Ed Reyes is located in in Seminole County,Florida which is approximately three hours north of us. VENTOSA K9 KENNEL INC. 1 have contacted Ventosa K9 Kennel Inc.who has provided a quote in the amount of$7300.00 for a green dual purpose K9. h7 the past,we have never used this company to obtain a K9 from. However in their quote they have provided a guarantee of medical screening,and up to one year of performance with the K9. This is similar to Metro-Dade K9's guarantee. Lodging is also provided during the training of the K9 at their facility,however,we would still need to conduct training in the State of Florida in order to meet state required certification and standards.Ventosa Kennel is located in Scotland Neck,North Carolina and is considerably a long distance away. In closing,we are requesting to purchase a K9 from Metro-Dade K9 Services as we have used them in the past and arc pleased with the K9 we have worked in the years past. Furthermore,we are pleased with the personal attention we are given from Tony Guzman,the owner of Metro-Dade K9 Services. Respectfully, Boynton Beach K9 Unit. Page 359 of 697 Metro Dade K-9 Services 17940 S.W. 168 Street Miami, FL 33187 (305)378-9035 k9services@bellsouth.net INVOICE BILL TO INVOICE* 5059 Boynton Beach Police DATE 10/04/2018 Department DUE DATE 10/04/2018 TERMS Due on receipt ACTIVITY QTY RATE AMOUNT Police Dog 1 11,500.00 11,500.00 Police Service Canine per contract"TBA" .- -- ------- -- --- --- -..._......e. .._..- ...._..... ............. . . ... ..... ... .--. -- ----------- BALANCE .....--.-BALANCE DUE $11 ,500.00 Page 360 of 697 SOUTHER T � w" ORPORATED "} RA- ` Making Your World Safer'" PROPOSAL Date: October 4, 2018 To: Boynton Beach Police Department Attn: K9 Unit, Ofc. Sohn 2045 High Ridge Road Boynton Beach, FL 33426 Ph: 561-742-6100 Email: sohnm@bbfl.us One Selection Tested Dual Purpose K9........................................ ................ $ 9,500.00 Payment Net 30 offers Professional Discount................ ............... 500.00 Total: $ 9,000.00 All dogs come with one year guarantee on workability,one year on health on hip and elbow dysplasia and copy of health certificate and hip x-rays. PAYMENT TERMS—NET 30 DAYS Please make check payable to Southern Coast K9, Inc. Page 361 of 697 entosa K9 Kennel, Inc. PO Box 358 Scotland Neck, IAC 27874 252.826.4415 (0) or 252.370.5353 (C) tbowlin g www.ventosakenneinc.com Proposal To.,,,gugply Law Enforcement K9's Date: October 8, 2018 Re: K9 Proposal Sir: As per your request, this is to supply you with a quote to provide canines for your Agency's specifications. Please be advised that Ventosa Kennel, Inc. hereby proposes to provide green dual purpose K9's for your Agency as per your request and specifications. I have attached the following requested information according to your specifications. These are either Dutch Shepherds, German Shepherds, or Malinois, males or females that have been thoroughly environmentally tested and possess appropriate drives for this particular law enforcement training. All canines provided by us come with a one-year performance and health guarantee. All of our K9's are micro-chipped, x-rays for hips and elbows, and shot passport. Our price for a green Dual Purpose K9 is 7300.00. If your Agency chooses to visit our facility to select and test their K9's we do supply lodging at no charge. Also, we provide transportation to the vet for a health certificate at no charge. If you need transportation to the airport we also provide that at no charge. Because of the fluctuation of the US dollar vs. the Euro this price is good for a 90 day period following the date of this letter. Page 362 of 697 Also, our guesthouse is equipped to sleep 12 handlers comfortably and has a full kitchen. It's furnished with a dryer and washer, cable and outside recreation. Ventosa Kennel was founded by Tracy Bowling in 2000 and has been successful of provided law enforcement training for the last eighteen years. We are located in Scotland Neck, NC. Our 70,000 ft. training facility is equipped with vehicles, lockers, several rooms set up for detection, and much more. We also have several buildings, schools and several other buildings for testing. Everything is within a 15 minute vicinity including the guesthouse. We have two full time and two part time Instructors who have military and police backgrounds with tons of experience. Best regards and please let us know if we can help you. You may also reach me on my cell phone at 252-370.5353 if you have any questions. References available upon request. Thanks for allowing us to submit this proposal. Regards, T. Ana Bowling, President Page 363 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. #; 190305 BOYNTON BEACH,BFOLORIDA 33425-0310 DATE: 10/15/18 VENDOR 16960 SHIP TO: TO: A-1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72338 ORDERING DEPARTMENT: FACILITIES/ALGA/GM DATE NEEDED: BID NO: COMMISSION APPROVED: •� EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 17800. 00 DL 12.5 TON RTU A/C UNIT 1.0000 17800.00 RAS150LOCAOAAT (ICP PACK AC R410A 12 .5T 460V 3PH MS) CRTWOPOSQ3 lA0:Q (TCp MOROTI:P _ DAMPER2 ..POS,)': CRHATER113B00 (ICP HEA'T'ER KT it'.SKW 4::6OV-3. SUQQPE_.pF .WORK :TO .B PERFORME77 R-M.0VE AND DISPOSE::OF 50H.C-D14A2A6AOA0A0 INSTALL NEW RAS150L0CA0AAT, ICP PACK AC R410A 12.5T: 460V 3PH MS RE JSE .EXISITNG DRAIN LINE, DUCT WG RK & ELECTRICAL WE. WILL PROVIDE :CRANE. FOR REMOVAL OFOLD. EQUIPMFNT: :. REUSE: EX.ISTING SMOKE DETECTORS, : : CUSTOMER: RESPONSIBLE FOR CONNECTION. OF.'. FIRE ALARM LEAD .2 TO3 DAYS ANY OTHER WORK .BEYOND ABOVE::STATED MIGHT BE: ;._. SUBJECT :TO AA EXTRA. FEE: WARRANTY 90 ::TRAYS LABOR;t 5 'MARS COMPRESSORS, 1 YEAR ON PARTS PROCUREMENT SERVICES: P.O.TOTAL• 17800.00 ACCOUNT NO. PROJECT 001-1214-512.64-02 TS2045 PURCHASING Page 364 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 10 P.O. #; 190305 BOYNTON BEACH,FOLORIDA 33425-0310 DATE: 10/15/18 VENDOR 16960 SHIP TO: TO: A-1 AIR SOLUTIONS, LLC City of Boynton Beach 849 SW 20TH AVENUE PUBLIC WORKS DEPARTMENT OKEECHOBEE, FL 34974 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 72338 ORDERING DEPARTMENT: FACILITIES/AGGA/GM I DATE NEEDED BID NO: COMMISSION APPROVED: f EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS: REPLACE EXISITNG A/C @ 204E HIGH RIDGE RTS FOR Pik. PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 001-1214-512.64-02 TS2045 PURCHASING Page 365 of 697 OD OD H H ra E N m W I H rl rl (.Q I z � z. � I r UO z i �'�' € i H`l i H o 0 U a 0 0 a U]H , Q Q a I ' V�`• § i Ul p La i �OD 00 W Q I a & O Ul z H H 04 W a'W I O a I to z-,a I t I p I W � � H tqH I FC W , W U W I ' IZ iR:W 1 zF�ar7 I a I ,j I , ck a'coo O a' I O lfl w , q rnkD�o , qq x Ax I W r-I H I O a U z t!] o tit . o 5 , O o _ o W 14 H O I o am o 0 Q w aD O H o i h tx H d W i NZr 00 x O H Ul , O '�' OI c o o , z mm to U 1 o F O c o o i O tx m <0 f4i+ U , o ON ri O E O N O I H U'1 O CJ H O®l m , E •rl o H ' O H t`W m Fl x o � 1< i H :D HHr-, Ln H W o a U � H a E N z aH 0 O q d O 1 0 Utnu a Q ro O O H H ' W z w h o a W H 2x Hi o z aHa H El aW H ' q H Ul FC w O i o 1 w H U Q w U b E. z d W H Cm 04.4 Cx a , a Q w W °" w z a ul t,o w H H a U r d E H H U] U i PQ, MW to I r-I U Ot W a i U E a m IFC w Ul I w > w W W N POi w o U W Q waz x W i H FC O [7 a I N III---+++ az H O a o m FC 0 z w w I O 1O N a `per' '� Ua w O U]H 1 AH C7 q I H E n WW i U O Ul H F4 H T4 ux q]- w oo V) acs wa a' H w wz w I ., z x x O F 0x � W W Wo p n �H 44 0Z O HH u W O I U ai KC CX Ln O H w WE, ZH , H 3 I W FA 0 "ZeH I W H U , HF-I El a z x aG, U a W QW Qw prO�q ILH I U H a pU U U CH 04 P4 124 WgW o H xz� O �7 WQ M U m I H H H ul to CO ta; U x u W E tri U O I N Fl; 'D 1 U._. v ... F 0 �� Q W to py m W '>' H U ' O w a �E o xH �w z q C9 4 x p zH ID y; z o zw q a rgwFG d 4 m XQ m H > H O OE rN, W O z I FO H m O 3H O EW m z E O I ark H 4 z Q to la W 5 to P4 �O � zo v°l a r= z H a Hw p xE P4P0 � O EI N H a , oa p W 0 a� w a mm E xH Hzp� N o , Ho a E w a a °� O rC W✓ FEE W H WO N OW OXO I UO to U , tnH 3 W a0 Htn m 3 ma d h aEpq , 4o H O m , tilUI E x O E V) • b 'D to 4 y W FC O 'D E W I N P: W4 U W z.,N w W w w w d § d W U UI w a q i H E U U m a' H H R$ ',�'�n I it z VY I H MHVQ I HH 14z I a Page 366 of 697 t CITY OF BOY'liTolf BEACK REQU T FOR PURCHASE OVER $10i000 a , Date. . Requesting a nt: Contact Persona 6;,41e- r r _ - i endid V n„ m 1 l�maunt of Purchase w rc f r a — _. _ _ c, c m rc _._ Three Written Quotations I GSR State Contract Rt E/RESPCT J j SNAPS Sole Source l Piggy-Back Budgeted Item Emergency Purchase Other I Contractber.- NOTE. Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund f C Purch source,ol r . _moa �. s-- Department Date �Purchasing An Date sst City Manager Date - CitY Manager _ Da#e Form Revised=01102 Page 367 of 697 5 ��iti it DEPARTMENT OF PUBLIC WORKS MEMORANDUM NO. 18-014 a N� iF TAndrew Mack, Public Works Director ' FROM; Gail M. Mootz, Project Supervisor October 11, 2018 SUBJECT: e air — Police Department (2045 High Ridge Road) In preparation of the City's Police Department move and per our lease agreement a preventative maintenance ( ) was performed on the existing four ( ) HVAG systems covering 25,000+ sq. ft. at 2045 High Ridge Road. Based on the condition of the existing units, the contractor completed the 's the best he could, however due tote previous tenants lack of maintenance his limitations of the PM's were hindered in part by the extreme rrosion of the coils, compressors, drain pans, and missing fins (see attachedpictures). -1 a 12.5 ton unit being the worst of all 4 units provides cooling to the report writing roomby means o separate ductwork and is currently providing 50% cooling due to a leak in one side of the unit. This leak is preventing the unit from being properly charged with freon so as to cycle and cool the facility properly. The other two units currently running in the renovated warehouse space are not cooling properly due to the above mentioned issues of corroded parts and lack of proper preventative maintenance from the previous tenant making them not cost effective, creating potential environmental hazard and not providing adequate cooling and heating services for City staff. Three HVAC vendors were contacted and requested to submit quotes for replacement of unit T -1, the results are as follows: 1. Precision $ 16,997.00 Lead Time -6 weeks.. 2. -1 Air Solutions $ 17,800.00 Lead Time 2-3 days . Stokes Mechanical $ 18,530.00 Lead Time -6 weeks With the costs ranging from 16,997-$18,530.00 and lead times of 2-3 days to -6 weeks, I would like to request your approval in selecting vendor 42 with a lead time of 2-3 days for thea out o 17,800.00 to replace -1 at the Police Department facility. Page 368 of 697 Pictures; RTU-1 corroded coils and missing fins �tr tier 1 si �t f� r 'M 6a W' 17r #" v¢ jow, �iV - K Ni� a v _ €Q1�$), � t 2 t} t�iyt t, IF vf� GoO 1 � tIpnr��t. 101,1`11n11111,,,fA u. 4 Picture 1a Picture 2 syr �r AiiJt J,4 tiuft Oil lc t 41< ` qIf v Picture 1 b Page 369 of 697 Cc: Colin Groff, Assistant City Manager Tim Howard, Assistant City Manager Mara Frederiksen, Director of Financial Services Julie Oldbury, Director of Human Resources and Risk Management Kevin Ramsey, Facilities Manager, Sr. Project Manager Page 370 of 697 REQUEST FOR OFFICE �. . Date, a *PRIORITY 1 DATE NEEDED BY: ❑ Copy Work - Number of COMM -, [Double-sided!Collated& Stapled Distribution: , _ ..... Type from the attached 1 transcription tape/email(to be forwarded upon t) Request for 121 irect Pay Req.for the attached - Vendor or Person to be reimbursed: Account umber: _ _ - - project o.: Request for Requisition- Vendor: Account umber: Project o.: _ List Items wiQuantitles&Unit Costs on the back of this request. Q Verbal Quotes($500 to$1,999): Vendor; Cost: Vendor: Cost: Vendor: Cost: Li Written Quotes($2,000 to$9,999.99)-Attached, Written Quotes($10,ODO to$24,999)w/Purchases over$10,004 Form--Attached. a Bid/City(Over$25.000): Bid# ® Bid/Other Entity(Over$25,0.00): Bid ,Bid Eff.Dates, &Bid Quotes-Attached. ❑ Pile : _., ..m.. OT _ w.... Special Instructions: 6y AP ' ;-`- a. 2L - , :.-1-22il 7L _ Se Request completed y �° ate completed: � "11 ! please sign and return thi to the Office Staffs Inbox;feel free to make any comments below. Page 371 of 697 A-1 Air Solutions, LLC Business Number:CACIS19092 t � 849sw 20th av Okeechobee,FL,34974 , P:8$86382801 M:8636236203 alairsolurionsokee[a'tgmail.com Oct.1,2018 Proposal for unit at 2045 High Ridge Road Bayton Beach „ ,,,,,, , , ,.. ,...,.. „ _... c i... .t z ) \ 3 ) , F1\11111 \ � f�j� _. ,_{�) �� .l t � (l,k �4 {�. I, t ) .S i lr 1 �C /J) .�_ „ ,r?,,.i r ,_ � ,\ � x��r 2 �3111� ,, , ,�, , �� 1t.+, Jl , �, ,, , is ,l tr, t» rt ,} (r,-°1 S{ ,� �F.r , �f� ��?(1 y �"t��i\! .t ,, u= t�_ r �r,�\ ,.��c�.s..��i� t �151i !it ,s,��\���`�171 st.' ...t)i�, �,�� t y„����5�}s, �tfr,� ''r% ��t�a�ll��tr3€�� RASISOLOCAOAAT 1 ICP PACK AC R410A 12.ST 460V 3PH MS CRTWOPOSO11A00 I ICP MOROTIXED DAMPER2 POS CRHEATER113BOO 1 ICP HEATER KT 16.5KW 460V SCOPE OF WORK TO BE PERFOM *Rernove and dispose of SONG-D14A2A6AOAOA0 'Ustall new RAS15OLOCAOAAT ICP PACK AC R410A 12.57 460V 3PH MS *Reuse existing drain line,duct work and electrical *We will provide crane for removal of old equipment `Reuse existing smoke detectors,COSTUMER responsible for connection of fire alarm *Lead 2 to 3 days ANY OTHER WORK BEYOND ABOVE STATED MIGHT BE SUBJECT TO AN EXTRA FEE. Warranty:90 days labor,5 years compressors, 1 year on parts. TOTAL: $17,800 Page 372 of 697 PRECISION .Air Systems, Inc. ...................................... ............................................................. ............ ------................. 11101 South Crown Way*Sdite2eWelfington,FL 33414 Phone(561)791-3980*Fax(561)795-1693 October 9,2018 City of Boynton Beach 145 SE 2n'Ave. Boynton Beach,FL 33435 RE: Provos o Replace 12.5 Ton Packaze Unit Location Temp Palacegq _2045Hi�' Rids e Rd.Bo i�qton Beach.pejn t—,L _yq#_ _ k FL 33436 Per your request, I am pleased to submit the following price for your consideration. PROPOSAL, Precision Air Systems,Inc. will furnish all materials and labor to perform the following service(s): • Disconnect existing unit • Remove and properly s dis e of existing package unit • Provide and install nei;� 130 ',on-unit to match existing • Includes crane services 12.55 • 2-.5- • Make all necessary connections • Start and check system operation • Clean work area Total 11ce: $16,997.00 Exclusions: Controls,fire alarm azw.Lpe�rp!itfing, and engineering NLote. Equipe has 4-6 week lead time This price is based on all work being performed during regular working hours of Monday through Friday from 8:00 am-4:30 p.m. This price is good far 30 days. Sincerely, Approved Scan Adams Service Manager Date PO# Page 373 of 697 - .....,..e,....0.......:................e.�_...a_. �—,...„�.�.,,,w,,,,..,. .....,. .....-_�..,,-.�w�..,,..,......., ..,, .—,.„—.e.,,war .. _�_ Stair,p ate License No. I PROPOSAL CFC1426154 - CMC1250275 RED CARPET I t - u 2001 Seventh Avenue North,Lake Worth, FL 33461 (561)585-2591 BATE 10110/18 --llBfuNTTED Td - 1+7B r1ESCRlt"TION � onton Beach Replace R. T. U -1 ,yp - adB LOCATION 2045 High Ridge Rd,Boynton Bch,F1,33426 Roof Top E TTNNE- --- ---- -G�s r 'EMAII. ` Gall Mootz 561-742-6223 Mootzg@bbfl.us 3's,e hefebySUk�mitthlspmpo53 toperfoi�,I!r�fatl.i��r,hny anr,>i,�a!�satl�t�E.�Y t,�lrwk S d del-50 C- 14 - Provide and install (1) new 12.5 ton Carrier package unit to " Remove and dispose o {1) 12.5 ton Carrier package unit o _ existing curb,duct,electnc,controls,drain, -Provide crane to remove old system and hoist new system to roof -Provide safety device for drain pan and line e o start up N Confirm proper operation- -Return peration- etrn unit to service _.............. Lead time for ertilent is 4-6 weeks P.?.jm,Lf n"n I IAC; +P- ar 111,111,1 1(I,_0 zir`"- - M1 - i jEX cLusloNs ork nd above s#ated s�l ° reties to electric ;duct work drain lines en_ineered drawing,", �Life safet�,,,smoke detectors We hereb ti rm ose to furnish_material and labor in complete accordance�nnth above descr�otion for the sum of: Eighteen Thousand FiveF Hundred ThirtY_xx1100 Drllars($ 118,530.00 Payment to be made as follows: 50% Due Upon Acceptance; Balance Due Upon Co ,letion All material is guaranteed to be as specified. All work w be completed in a workmanisce manner according to standard practices.Any aileratinn er deviation from the above description involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate.All agreements contingent upon strikes,accidents or delays_beyond our control. Owner to carry fire,hurricane and other necessary Insurance.Our workers are ooverc•d by workmarrs Compensation Insurance. wt'horzed signature: NOTE,,This rn osal ma, be withdrawn If not accepted within 30 da Iceaaptance of Proposal•-The above prices,deacription and conditions are satisfactory Service Specialist and are hereby accepted.You are authorized to do the work as specified.Payment Wil - p be made as outlined above. Signature:" Print Name/Tille: bate of Acceptance: P FOR OFFICE USE ONLY aENoiNe slGr�n cIL,ETED ell�e°s Page 374 of 697 DATE CERTIFICATE OF IIT '®._ _. _._ THIS C T1F1CA 153UED A A MATTER OF 1NFOR Ali ONLYAND CONFERS RIGHTS UPON THE CERTIFICATE HD LICI ED C ATE QOFS NOT AF ATIVGLY OR NEGATIVELY AM D, N O AL3E THE COVERAGE AFFORDED BY E POLICIES BELOW. IS GTI ATE OP INS ANC DOES NOT CON A CONTRACT B THE ISSUING INSURER(5),A T 1 OR PR UG AN THE CERTIFICATE HOLDER. REPRESS A ..- u j RTA . If theca to hot r is an ADpITIOtJAL INSURED.the pnliny(leaj must ha R®DITIONAC INSURED pra ns ar endo as yrr3quirean cement. AS gment0n 1[ UBR AT10 IS A1VE8,sub t to the terms conditions of the policy, Dllcy certain In4s1 l _ . _ - �MarY Burns chis eediticD o does not eanFer 19hts to I certificate h01 (n lieu of$LiC len (5611996 2607 � (56t) 7211 ,...._ m v r Insure .r MWACwpente 1 I�,t maty'®' r iaoruw n.. --- - y ruea>s� __ _ �w 135 S.E.Avenue C NAIL r — _ ,. iMl6LRSii�tlAPPO'RDWO Cr}YERADE _ .... .._ P.O.Box 1770 FL 39430 RrgitAERA At18Mle$P rl Lines —I 16988 Hers On ... ... INSURED, IIN ERC A-1 Nr fat LLC 849 SW 20th Ave FL 34074 04ERP Okeechobee GL1871311t016 R BION NUMBER — CERTIFICATE NUMBER ''. CORAOES ,_. NCEIISTEDBELOWAVESEEN a5i -Q..T.OT,_ rEYTNrSU'RI EitDNAMED ABOVE FOR THE- POL _........ WANY TOROTWERQOCUMETIRESTItIY1RS _ ,.,.,.,..__........ , $'-YHS�TOCER TIHEDCONDITION EINISSUB7ECTTOALL THE TERMS, INDICATED.NOTWaHSTANOING ANY REQUIRE MENTMPM OR RTFICATEMAYBEISSUEDORMAY PERTAIMTHE INSIIRANCEAFFORDED By THE POLICIES DEsRiSED 68CLAIMS. LLISIONS CONDITIONS OF SUCH CIES TS r CP d fi..... ' —�- 1,ODODOO S� Po mww§§.ala:Y dll 1AR.REIBCE .. �-.= .. _ r r R ^Ct OD 000 �pOCLIR � � i �MEDrxP7Anxdx'�'"�u }�-5000 E ... Y VBASS624600 071=016 0712012019 PER a� na0v r, 1COO A I _ CENfi�LAGp1?EGATE Z 0�000 em_ ...,...--.- 7 - I GE71 REGATEUMRAPP�rUESSPElt .PT E I: �PR• T5• fOP A6G r 2000 OOD PDLic,0 LOG 5 cpM L SINGLE UNT s 1 000,0901 „.....n„„._ _ I aoon AUTO RIOSILE U.LirY ANYAt.fr"0 1 I E SwEDULED 5130974900 1 07/2012078:07 9 ILY INJURY IFN amid") is "OWNED i PROPERffi- 1$ - "r MIRED r AUTOS ( J ii. t... - I MIR DSONLY (AUTOS ONLY 'E Uninsured motixiSt S1 S 250,000 . w �ACHOCxURRENCE EXCESS UAB - 'qq ECrATE —I aEDDED 1 -REIE1rTIDN yy,_ .� -" f ,...._� .,..__— _.— - ' PENSATIDR I I 4 PEARY AANNDD EMPLOYERS UASILrrY OpRErOWARINEIVEYPSirECUT1YE YY NIA j E L ACW ACCgENT OFFICERFAMYSER EXCLUDED? DISEASE•,EAEPA E6 S juwwa,xy In NR) y Il ees.desr�ew�,el EL ggEABE- DESCRIPTNNI OC Otf FZA 3 Owners on[yall exempt DESSRiVfIOR OF oPFJrASmNS rLOCATION`aJYEFN�eA 1A6&nn 1et,ArlJlEfwsn1 WmarW Selrsdute,maYw noachM It rnsm span Y The city al RWron S03,1,e's a[ficare,employees and agents are Included as addlibnal Insured as regarding the General L+abll'dy policy,where required by wrMen Contract. i _. CERTIFICATE HOLDER _ CANCELLATION SHOULD ANY OF THE ABOVE QESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,NOTICE WILL 13E DEUVERED IN City Of BoyMon Beach ACCORDANCE MTN THE POLICY PROVISIONS. IDD E.Wton Beach Bivd AUhtORq�6 REP A7E Boynton beach FL 33435 1 15 ACD CORPORATION. All rights reserved. The ACORD name and a ' uw reserved.ACORD 25(207 } m registered ma of ACORD Scanned by Ca Scanner Page 375 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190330 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/18/18 VENDOR 12539 SHIP TO: TO: PAPICO CONSTRUCTION INC. City of Boynton Beach P.O. BOX 384 TENNIS CENTER PALM CITY, FL 34991 3111 S CONGRESS AVENUE BOYNTON BEACH, FL 33426 REQUISITION NO. 72319 ORDERING DEPARTMENT: RECREATION AND PARKS Y DATE NEEDED: BID NO: I COMMISSION APPROVED: - a EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 12800. 00 DL RESURFACE COURTS 3 AND 4 1.0000 12800.00 Remove nets tapes and nails and dispose of in contractor. .provlde duiiips;t.e.r,:- Scrape algae and di:g out hard packed meas from of the courts; cabanas :and under`:nets Remotire loCise and foreiggn :. material from the .court surface.: ' and daspose. in dttrti step.1�iarn:ish aril laser grace lfl tons crr - har'-tr'umaterial :per court;: 20 tori b Al:Furnish' and.: install Herringbone: line tapes aluminimiitn hails. tib �USTA regulations: :.Court-mill be:proporly. watered, rolled and groomed. and left rady for: play. Cleari. And paint net posts... . Reinstall .the exis.tinq Tennis nets Straps : :ClEian the :area:: Note: During .resurfacing' please coordinate :irrigation with dur crew: Re uest: fot.additional H31r7Tru material will be quoted a d approved prior to: applieati.on.:.... Owner respons:�:.ble :for p:rova:d ng necessary access with water and ele,etra.cwithan 50'of the courts;. 12 months warranty::on-workmanship and materials. t PROCUREMENT SERVICES: — P.O.TOTAL: 12800.00 ACCOUNT NO. PROJECT 001-2710-572.49-17 PURCHASING Page 376 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190330 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/18/18 VENDOR 12539 SHIP TO: TO: PAPICO CONSTRUCTION INC. City of Boynton Beach P.O. BOX 384 TENNIS CENTER PALM CITY, FL 34991 3111 S CONGRESS AVENUE BOYNTON BEACH, FL 33426 REQUISITION NO 72319 ORDERING DEPARTMENT: RECREATION AND PARKS r • ®o NEEDED: BID NO: COMMISSION APPROVED: [:D::A�TE _.ED EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST REMARKS: RESURFACE 2 HAR TRU COURTS C TENNIS CENTER PROPOSAL DATED l.0f 5/3$: PROCUREMENT SERVICES: P.O. TOTAL: ACCOUNT NO. PROJECT 001-2710-572.49-17 PURCHASING Page 377 of 697 OD OD 1 1 0) O w I o M POI I , E-Ii z z I Pz o 0 H H ; p0 0 �C a Pu I A A a i i H M a I N N > O I H A H H pq UEnu 3 1 z AEU w > I , zUR E a uw w I , A I 0 A 10,'4W I zawz I +' g I 1 E p OfrfMH I t A 1 0�0I � W , ,W NN O OD 1 EU AN I o o Z Z Z 1 0 o I 1 Ow • 1_ y r .�. F W H WOI 1 m O W I W O I I s OD 1 U 1 H U1 I (' A W W 4.+ i # F a I H H m H H i o 01 0 0 0 rmO CHH 0 ; 0 -I o-7 0 0 0 I _. 5.•, M 01 U i--�U I o �i 7-, 0 0 o I p N FI H O 000 I r,P O H H ho 04 U Oi oo H H 0 0 0 'W H 000 E 0 U a, H hH� N d'n O A W I A H H H I U H w H Ol E Ix H H a (o I Pa H a a E w w £ I o a 0 � 0 U F z � � i h W z Iw F:) w HH a N E- El a ; 5 ; z a F a1 w -• H I A H H LL U a E-1F r-I I w I H `�w G FC E W 01 a w a. a IF H Ix Aw w Iz z W a W .bl p H m _to m -Iw ]o w 'd m-r1 C -r1 -1W .H 4 041 H i U z Ua E+U) C7 I C C a1 WH., C. &r-I Sa U U M rd P F (a Sa�4 SH N W fd U;j U OH COa) 4;J4.)44 NON m E W (a Ix V1 r 446)044 mow ,y C. rl p- C-r( UW Ia' 'J. 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Wri11004E C 1 I 0)rd. ra-.-I O i1 W m 0 S4 of-•-I m d1 I01 1 O i1 '0 4J O •0 O C )H-r1 Arm 10 a I 1 04W W 1lilfm0f1,bb1C�WWWCxH I U� a 1 m m+�rtl}Io-1027CO 0rd a 0H40MOHroS0)0- u 00 0 W•rH t7T W 11)-1,J~((Jr-I C O 04 W W I I U m r-I W J-)P1(J 0 W U.0 01:1, Ln-r1 a W 1 'U U)W WO M WO O A-ri ka to ,C a H P4 C 01WU( C)4-)HC4-) 30(d00mUH az I rd •'t7.>Id S4N C(d C m•• 3-I r1-r(-C W 1 A I 7-1 W 0 w to W tr) -rI-H W C E 0'C A rd au U U x I mW r=k CWbm 31014,-H4-JE _p W I rH318W�14-0•+Wa)0,HO-r(� y•rIkv1U F I -r-Im0amWkrH rH Wz13.J(dS4os:HA ww z z 4 ra rdx O E o - O Z H O w C a- m I rd O W F o C -1 V4 a N E HU 0 >4 -I U OCO H(dturd-ir-r N •r1 00 1 00 E U10 m31U o!1A 00140 W4 HO p. 4 U1 1 [ (d W O TS S4 n O-'I)-1 Sa 041 0 W W w H (dro W G O C W tnO'O(d.0 us-r10'0w U A I a M W)-I rd"041 a)a)m •r(a) a),>,H U) I U I m 47 It S4 W •r1 )-1 r-I-rl W a)41,-a)H 31 W H I E- FA W U1W•r1 r-( a H Ep>CC31mrtHrI31 W31rd•ONQ W rn I a rd O W C •r1-rr 4)-r1(d C'ti arA1 0 Sa O W I w Z our,U 0p 4 +x 0. 04C-•�(dRO(drd E N C11U OSaW C (dsaajw rtCb(d 1 n W O O UN N a044N(d H-1 8H a"�O O'O P4�3NA N z-1 H H 1 444)0 of •Ert�N r-(UOwCmWmEO E. a i U C 4-M r-(Sa 31�W P H U 0 W 31.L'H E 1 p n UNmIdW:jVlA ,0(d • 31 P(d31AE H 1. )-Imrf 00 a ; w W(d(d(d-r1 J-)S4 C O o w 41 m a)m't7 3 ORO O I OU rNH >N.CC31• -Ht 4 mLLmWW>4 0EU U Ul U 1 O J-I (d W 04 1 5 04 r4 C rd(d 1J W4 rEp] I40 H O U) I U)it F'.31 A 31 Sa T7 'd-r1>H W O is 41 O p I A E W I W WO0(13N�bCHW rd W41 r-I a) 3•r um I 01 A I a aUOU�vCW(dsal(aMalR:'b+o3r w a1 I a x za i rH ( w m H M I ( z ri az1 H ( a Page 378 of 697 CITY OF BOYNTON BEACH - REQUESTPURCHASE 103,000 Date: 10/9/2018 Requesting Department: Recreation and Parks Contact Person: Roz Rizzo Explanation for Purchase: Resurface with laser grade of 2 Har-Tru clay courts at Tennis Center(courts 3 and 4). Recommended Vendor Papico Construction Dollar Amount of Purchase 12800 Source for Purchase (check and attach backup materials): Three Written Quotations 0 GSA State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: Other Contractural Services#001-2710-572-49-17 Approvals: _ - �1 Department Head y Date L [ Purchasing Agent AAi Date Asst City Manager Date City Manager Date Q / Form Revised 02/01/02 Page 379 of 697 Recreation&Parks Department PURCHASE REQUEST DATE 9/10/18 SECTION: Recreation -Tennis Center PURPOSE/JUSTIFICATION/PROJECT: Resurface with laser grade of(2) Har-Tru clay courts. (Tennis Center Annual Maintenance project) ITEMS: (If more than 4 items,attach company's order form which will be sent w/p.o.) Desai_tion Item# Quantit Price each 1. Papico Construction (Courts 3 &4) 1 2 6,400.00 2. 3. 4. PURCHASING $ 0-$499 no quotes required—use credit card if vendor accepts GUIDELINES: $ 500-$11999 3 VERBAL QUOTES(contact name&phone number required) $ 2,000-$24,999 3 WRITTEN QUOTES (items over $10,000, must complete and attach the Request for Purchases over$10,000 form) $ 25,000&Up FORMAL SEALED BIDS BY PURCHASING Purchase of a single item over$750 must be made using a capital account(60 series) PRICE QUOTES(check one): VERBAL: WRITTEN:=(attach quotes) COMPANY NAME PHONE# REPRESENTATIVE AMOUNT 1. Papico Construction 772-288-1826 Greg Pappas 12,800.00 2. Fast-Dry Courts 800-432-2994 Frank Froehling 14,600.00 3. Welch Tennis Courts, Inc. 561-398-1483 Glenn Booth 17,200.00 **n Check here for return of purchase order; return to VENDOR NAME: Papico Construction VENDOR# 12539 (if vendor not in system,a completed W-9 must be attached) ADDRESS: 3520 SMI Armellini Ave. PHONE#: 772-288-1826 Palm City, Fl. 34990 Remember to use the Inventory Tracking Form,if appropriate,when you receive your items. Refer to departme�n]t APM policy"Inventory Control"for details. ACCOUNT NUMBERf✓v f 02I� ( j /PROJECT#: m P (if applicable) SIGNATtJE: APPROVED BY: . 5AReaeaticn&Parks\Shared files\Forms\Purchase Request Form.doc,Revised 5/1/15 t r 1 v J Page 380 of 697 Papico Construction Inc. OUTDOOR Recreational Contractor SPON48 Tennis—Ficklebafl—Basketball—Bocce—Shuffleboard—Volleyball Choose your game ! Running Tracks&Field Evenis— Football—Soccer—Baseball/Softball professional game equipment&surfacing products for aihfelic facilities licensed&insured CGC 828;35 Boynton Beach Tennis Center PROPOSAL Date: 10/5/18 3111 South Congress Ave. Attn: Robert Willson Boynton Beach, FL 33426 Phone: 561-742-6576 Email: willsonr@bbfl.us RECONDITIONING OF TWO HARTRU TENNIS COURTS #3 Above ground irrigation 1) Remove Nets, Tapes and nails and dispose the tapes and nails in contractor provided dumpster. 2) Scrape algae and dig out hard packed areas from the edges of the courts,cabanas and under the nets. 3) Remove loose and foreign material from the court surface and dispose in contractor provided dumpster. 4) Furnish and Laser Grade ten(10)tons of Hartru material per court.(20 Ton total) 5) Furnish and install Herringbone line tapes and 2-1/2"aluminum nails to LISTA regulations. 6) Court will be properly watered, rolled and groomed and left ready for play. 7) Clean and paint the net posts. 8) Reinstall the existing Tennis nets and Center Straps. 9) Clean the area. 10) Note: During resurfacing please coordinate irrigation with our crew. Request for additional Har-Tru material will be quoted and approved prior to application. Owner Responsible for Providing Necessary Access with Water and Electric within 50'of the courts 12 Month Warranty on Workmanship and Materials h_' M._.. ._ . . We hereby propose to furnish&install labor alo materials—complete and in accordance with the specifications noted above,for the sum of: Twelve Thousand Eight Hundred and 001100 dollars $ 12,800.00 Payment schedule: [ j 50%upon acceptance,50%upon completion [x ]100%upon completion [ ]as per contract specifications .. ..... . ..m.. �r All material is guaranteed to be as specified.All work to be completed in workmanlike manner according to standard industry practices.Any changes to work scope or products resulting in additional costs will be executed only upon written agreement.All agreements are contingent upon the absence of weather delays,amidents,strikes and acts of God and nature beyond our control.All guarantees exclude any and all liability for acts of vandalism,negligence of others,abnormal usage,lack of maintenance,work done by others–not in our contract,or conditions beyond our control.No guarantee or warranty will be applied to unknown conditions including,but not limited to,imperfections in the sub-base,base rock,and paving or concrete surface—when applicable.Owner is responsible for providing access to site with water and electric available during work scope.Owner to carry and maintain insurance coverage for fire,tornado,hurricane,and property losses during time of work scope. Authorized signature: �' 17 Pyyeae, VP Note: this proposal may be withdrawn if not accepted within 30 days Acceptance of Proposal—entering into Contract: The above prices,specifications,and conditions are satisfactory and hereby accepted. You are hereby authorized to proceed with work a/o order as specified. Payment will be made according to the agreed terms as outlined above. Interest of 5%will be charged to past due accounts beyond 10 days of due date.If collection must be made by an attorney or collection agency,all fees incurred will be the responsibility of the party accepting contract. iAuthorized signature: _-_. --- title: ------.__. Date: ..... P.O.Box 384(3520 SW Armellini Ave,Bay E)Palm City,FL 34991 o: 772-288-1826 f:772-288-1844 e:papicosports@gmail.com Page 381 of 697 Sincc 1987 Magic 4223 -� Fa"i ® ly Coulft 1400 N.W. 13th Avenue Pompano Beach, FL 33069 QUOTE August 27, 2018 f' Bob Willson City of Boynton Beach 3111 South Congress Avenue Telephone: 561-742-6575 Boynton Beach, Florida 33425 E-mail: willson Cobbfl.us Dear Bob: Thank you for contacting us with your tennis court needs. Fast-Dry Courts, Inc. is pleased to quote you on re ing two of the City's day courts as follows: $14,600 Laser resurface two (2) Har-Tru courts in one battery measuring +/- 110' x 120'. Clean surfac emove old lines and nails, apply 20 tons of new surface material (+/- 10 tons per court) using aser guided grading equipment to help reestablish or maintain the precise court slope and a more optimal surface depth; install herringbone style line tapes secured with 2-1/2" aluminum nails to USTA specifications; repaint net posts. Courts will be watered and rolled to initial firmness. All wastes will be left at Owner's provided dump area near the courts. Note: It is the Owner's responsibility to inform FDC before going to contract and/or any work begins of problem areas on the court surface such as excessive low areas holding water after a rain, an improper slope of less than 1"in 30', where Har-Tru material is very thin, or other problems that affect the proper resurfacing of the court(s). The material quoted on this job is a best guess estimate of how much surface material is needed to get your courts into proper playing condition. During the resurface process the foreman on the job may discover that additional material may be needed to correct low or thin areas in the court system not detected by the estimator or pointed out by the Owner in the original examination of the courts. That additional tonnage rate is$500.00. If the Owner does not agree to the adding of material, then low areas after rain or watering may need additional time to dry out, or be repaired by Owner's maintenance personnel. The low end of the court should always be several inches higher than the outside landscaped area for proper drainage. $700—Provide 20 yard roll off dumpster and haul away all court wastes upon completion of resurfacing. Period of Acceptance: This proposal is valid for sixty(60)days from date unless extended in writing by the Contractor. Why should you choose Fast-Dry Courts, Inc, for this project? We have a 32 year track record of exceeding customer expectations. We survey each customer after every project and 96% of our customers would recommend Fast-Dry Courts, Inc. to a trusted colleague or friend. Over 68% of our projects last year were from existing customers or referrals. All of our Project Managers have at least 10 years of experience. It is our commitment to quality and professionalism that led the American Sports Builders Association (ASBA)to recognize Fast-Dry Courts, Inc. for excellence in tennis court construction www.fast-dry.com www.10-s.com National: 1-800-432-2994•Local: (954)979-3111 •Fax: (954)978-8479 Page 382 of 697 Page 2of2 August 27, 2018 Bob Wilson Re: Har-Tru Tennis Court Resurface for an unprecedented 18 consecutive years. We have completed 6,792+projects without a single lawsuit regarding quality or performance. Furthermore, as should be expected from a tennis court contractor, we are a licensed General Contractor, bondable and insured up to $3,000,000.00. If you have any further questions or would like a formal contract for the quoted work, please call 772-260-4376 or email to frank.froehlinaL miqil.com. Sincerely, FAST-DRY COURTS, INC. FRANK FROEHLING Account Manager /ka - :AMERICAN MEMBER''- SPORTS BUILDER$ Construction - -.ASSOC UXIO' Resurfacing MaintenanceSupplies www.fast-dry.com www.10-s.com National: 1-800-432-2994 •Local: (954) 979-3111 •Fax: (954) 978-8479 Page 383 of 697 We its e. World's Largest Builder of Last Dry Courts F Cvftstructr'on - Resurfacing - Lighfing Accessories USIA-USPTA FAST DRYING TENNIS COURT ASBA-TTY RESURFACING PROPOSAL Welch Tennis Courts, Inc. (hereinafter referred to as the"Contractor")proposes to furnish the labor, materials,equipment,and services necessary to resurface the following: two(2)Fast-Drying Tennis Courts at:the Boynton Beach Tennis Center for the City of Boynton Beach,Florida.In accordance with, and subject to,the terms,conditions and specifications set forth below,the construction work is referred to in this proposal as the"Project." 1.COURT RESURFACING: The Contractor shall resurface two(2)fast-drying tennis courts,each court measuring approximately 60 feet by 120 feet. a. The existing line tapes and nails shall be removed. if nails require removal by hand(missing nail heads or nails do not pull out when line tape is removed)or new line tapes require pre-drilling each hole(determined if line tape nails bend during normal installation),a change order shall be issued for the additional work which shall be performed at a rate of$75 per man-hour. b. Scarify court surfaces as needed,clean courts of all excess dead material,surface algae,mold and other organic growth. c. Treat the courts using Welch Tennis AlgaeBlasterTM algaecide to inhibit future organic growth. d. Add approximately ten(10)tons fast-dry material to each tennis court;this material shall be placed with laser-guided grading equipment to provide a smooth and even surface.Courts shall be rolled twice after the placement of the fast dry material and once more after installation of the line tapes. The courts may require additional rolling by the Owner to obtain a firmer playing surface. e. New herringbone line tapes shall be installed. f. The existing net posts shall be re-painted;the existing nets shall be re-installed. g. The Owner shall be responsible for providing the contractor an onsite dumpster during the resurfacing. 2. CONTRACT PRICE: The Contractor shall resurface the courts specified in this proposal/contract for the following contract price: LASER GRADING(adding 10 tons per court) /$17�:Zdry 20000 NOTE: The Contractor makes no guarantee implied or otherwise that the material shown above will be sufficient to bring the courts to the recommended one(1)inch of total surface material or recommended slope. If during scarification the screening layer is encountered, scarification shall be suspended and application of clay shall proceed without any further scarification. OPTIONS (Options listed below are priced based on the work being performed in conjunction with the work described above.) OPTION 1: WTC 3.0 PROFESSIONAL NET $155.49/EA (Initials) 4501 Old U.S. Hwy 41 S. - PO. Box 7770 - Sun City,FL 33586 - Phone(813) 641-7787 - Fax(813) 641-7795 Toll Free 1-800-282-4415 - Email: info@welchtennis.com - www.welchtennis.com Page 384 of 697 2 OPTION 2: WTC PROFESSIONAL NET POSTS $575.00/SET (Initials) (Price is posts replaced in existing foundation.If old net posts or old sleeves cannot be removed, net post replacement and new foundation price: $2,400.00 per court) OPTION 3:POLY BENCH DELUXE,5 FOOT $221.99 EA (Initials) (The Poly Bench Deluxe is constructed from extruded high-density polyurethane,which combines lasting strength with super comfort.This tennis court bench is ergonomically designed with 12 slats for a more comfortable seating.Minimal assembly required.The benches are available in green or white.) 3.PAYMENT TERMS:A 50%down payment,which is due upon acceptance and signing of this proposal/contract,is required in order to schedule court resurfacing.A final 50%payment shall be due upon completion of the entire Project.NOTE:Payments offered by credit card will incur an additional 4%surcharge for each transaction. Payment of Contractor's invoices is due upon receipt of the invoice by Owner.Late charges,at the rate of l'/z%per month(18%per annum maximum)shall begin to accrue on any unpaid invoice balance,beginning thirty(30)days after the invoice date.Any payments based on AIA schedules will accrue interest from AIA payment due date.Welch Tennis Courts,Inc.reserves the right to stop work in the event of non-payment. 4. ESCALATION CLAUSE: If,for any reason,construction of the work contemplated by this agreement does not begin within sixty(60)days from the date this proposal is accepted or signed by the Owner,or if there is a significant price increase in the cost of materials,equipment or energy,through no fault of the Contractor,the contract price(s)specified herein,the time for completion,and any other contract requirements impacted by such price increases or delays in commencement of the work,will be adjusted by written change order modifying this proposal/contract.A price change shall be deemed to be `significant"if the price of any material,equipment,or unit of energy increases by 5%or more between the date that this proposal/contract is accepted by the Owner and the date that the work under this contract is commenced. S.WARRANTY: Welch Tennis Courts,Inc.shall warranty the completed Project to be free of significant defects in workmanship and materials for a period of one(1)year.The warranty shall commence on the date of completion,but will not be enforceable,unless payment is made in the full amount of the executed contract, including change orders and late payment fees(if applicable). 6. BUILDING REQUIREMENTS.The Owner shall provide access to the site for tractor-trailers and other vehicles with a weight in excess of twenty tons and provide an area adjacent to the site for storing and preparing materials.The Contractor shall exercise reasonable care in utilizing the access and storage areas but cannot be responsible for damage caused by normal construction operations(for example;damage to sod,landscaping,sprinkler lines,pavement access,etc.). The Owner shall notify,locate and mark for the Contractor,prior to construction,any water, sewer,electrical or other conduits,which are located at the court beneath the ground surface or otherwise obstructed from view,and in the absence of such notice,the Contractor shall not be held liable for any damages to conduits during the course of construction. The Owner shall provide an onsite dumpster for the Contractors use during construction.In the event the Owner is unable to or would like for the Contractor to provide the dumpster,the Contractor shall coordinate the delivery of a construction dumpster for the jobsite.The costs for the dumpster, including but not limited to pick-up,delivery,monthly/weekly fees,and dump charges,shall be the responsibility of the Owner. Boyn9on Beach TC 2 OH Res GB BK 9/5/2018 Page 385 of 697 3 7.BINDING CONTRACT: This agreement and all of its terms and conditions shall be binding upon the parties to this agreement and upon the personal representatives,executors,administrators,heirs and successors assigns of either party. 8.ATTORNEY'S FEES; COSTS OF COLLECTION;VENUE:In the event that a dispute arises out of this agreement,and a civil action is brought by either party to resolve the dispute,then,in such event, the prevailing party,as determined by the Court hearing the matter,shall be entitled to recover its court costs,including reasonable attorney's fees,from the non-prevailing party.In the event that any sums invoiced by Contractor under this agreement are not paid when due,and suit is brought to enforce this agreement or to recover payment of any balance(s)due and owing by Owner under this agreement, Contractor shall be entitled to recover its costs of collection,including reasonable attorney's fees, regardless of whether suit is brought or not.Any action to enforce this contract or any action arising from this contract(which does not include an action to enforce a construction lien under Chapter 713 of the Florida Statutes)shall be brought only in a court of competent jurisdiction in Hillsborough County, Florida. 9.TIME FOR ACCEPTANCE OF PROPOSAL: This proposal and the prices set forth herein shall be valid for only 30 days from the date of this proposal,and must be accepted within such time. 10. ENTIRE AGREEMENT/CHANGES TO AGREEMENT:This proposal,once accepted by Owner,sets forth the entire agreement between the parties,and all oral representations,prior negotiations,understandings,agreements,conditions,and terms discussed between the parties prior to acceptance and signing of this proposal/agreement by Owner are deemed to have merged into this agreement.This agreement may not be modified or amended,except in writing,which is signed by all parties to this agreement.If the Owner of the property upon which the work is to be performed are husband and wife,residing together,the signature of one spouse shall be binding upon the other,and the signing owner/spouse shall be deemed to have been given the actual authority to bind upon Welch Tennis Courts,Inc. unless and until it is first counter-signed by an authorized officer of Welch Tennis Courts, Inc. SALES REPRESENTATIVE Glenn Booth, (561)441-7609 ACCEPTED BY: $ Total Contract Price(Including Options) (OWNER) DATE: Type/Print Name&Title Accepted and Approved By: WELCH TENNIS COURTS, INC. DATE: George Todd,Jr.,President Boymon Beach TC 2 OH Ra GB BK 9/5/2018 Page 386 of 697 4 ADDENDUM#1 This addendum shall become part of the contract documents and shall supersede any verbal or written agreements between Welch Tennis Courts,Inc.and the Owner.Modification of this addendum shall only occur by an executed change order. Project Inilurma"Lion Sheet Customer Name: Project Address: _ Billing Address: . Primar„Contact: Accts„Parr able Contact: Name: Name: Number: Number: Email Address: Email Address: Color Selection: Green Black N/A Other Lighting ❑ ❑ ❑ Fencing ❑ ❑ ❑ Cabana Frames ❑ ❑ ❑ Cabana Canvas ❑ ❑ ❑ ❑ Net Posts ❑ ❑ ❑ Windscreens ❑ ❑ ❑ ❑ Hard Court Contracts Only Standard Colors: Premium Court Colors*: Exterior Color Interior Color Exterior Color Interior Color ❑Adobe Tan ❑Adobe Tan ❑Royal Blue ❑Royal Blue ❑Forest Green ❑Forest Green ❑Tour Purple ❑Tour Purple ❑Olympic Blue ❑Olympic Blue ❑US Open Blue ❑US Open Blue ❑Spring Green ❑Spring Green ❑US Open Green ❑US Open Green ❑Stone Gray ❑Stone Gray *Additional cost may apply if premium colors are not ❑Summer Red ❑Summer Red specified in the contract. ❑Winter Green ❑Winter Green By signing below the Owner is authorizing Welch Tennis Courts,Inc.to proceed with the selections above and that all information is accurate and true. �. .......... . .., ...�...._.� �. (Signature) (Date) .... —. (Print Name) Boymen Beach TC 2 OH Res GB BK 915/2018 Page 387 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190332 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/18/18 VENDOR 5915 SHIP TO: TO: CLASSIC CONTROLS INCORPORATED City of Boynton Beach 5095 S LAKELAND DRIVE EAST UTILITY ADMIN LAKELAND, FL 33813 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 REQUISITION NO. 72283 ORDERING DEPARTMENT: UTIL/ WTP/WELLS/ MDC • ' `®` DATE NEEDED: BID NO: COMMISSION APPROVED: EXTENDED LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 1.00 EA AXF200W-PNALIL-CAII-OND 19097.1000 19097.10 Yokogawa AXF Series Submersible Magnetic Flowmeter. ..• . *8.0 ID Tube :::. . . . . *0-51.41 _t.:& 5:140 0: GPM M�nfPtax Span an P=For Use W./':.The AXFA1:4: Remote Conyerf:er A=; 'F' urocarb.on P-FA Tube Liln. L* JIS .SIJS3.7:6L {.ANSI 3:16LSS} Rangy CA1= AN-81 CIa:s8 150# RF F1an<e Itt Standard Faceo-Face -1) me* 2 ANSI .Q.5 FNPT: :Electr. e;a`l Co# 3;ec t i Qn. SCalibration Included At No Charge. : :: 2 1.00 EA AXFA14G-E1-21/CGP 53:55 ( €30 5355.90 Yokogawa AXF: .Series Magnetic F16wmeter C.onve:rter *EXP los on -roof hype G 'General Purpose, must. choose/CGP opt E 4-20 :maDC: Output/ .HART Protocol 1 300-200'.VAC Or",100-120 VDC_ POwer :Supply 2 AN.81 Q;5: :FNPT :Ele:ctrica1: Cor�.e e1r:. :ori 1 Tri616es: L'oeal: indiCa:tor: (Horn mon a.1) . CGP= CSA.Maxk:: for General PuPose REMARKS: PRODUCTION FLOWMETERS USED THROUGHOUT WELLFIELD QUOTE #1078789 PROCUREMENT SERVICES: f P.O. TOTAL: 24453.00 ACCOUNT NO. PROJECT 403-5000-533.65-02 WTR105 PURCHASING Page 388 of 697 Ib 00 1 H H I In -4 W 1 O °-I A9 I 1 \ \ 1 a O O I H 1 Ho 0 0 1 Or N m R R a 1 d N N _ O rn .1 N cq 07 0 + N I I (•� -E f pl.E H a I 1 1 0 0 °y O Rai Rs-E-E m i E01 oai o i aC� �+ 0 U HU n N m i oLO Lf) o N a 1 R' t# C5 k; t+H+ A ' H N W H 1 1 g " m a o HCHI ) O 0 4a Z S4 co U 90 1 a O "Y 1 a bl bl .s 3Y'.°Y, ;. .. N VI U I r-1 0\ W H 1 I- o H rn I rn ,Nn H 0 I H @ @ CD W m O (11 O 1-+ I N H i A`' 0) � U o O U i H >. 7v aA W N E m I RI' 4-1 3J H co a e £ I 9 W � i1 O al oZ O mawow !Z 3 Om00Y0 a H 0E O H i oo i '� Pte. H H 9 -- -- H U H R1 H m H I ri ri (n Q E+ O I W H U R 1 i H Hv V W WO > a1 a z A a H �/r� FA R + 4 b H T e w mZ 1 d) E a H C/2 00 W � � U Z � ka a7 U H 1 01 Pa La P4 CJ2 � U }4 W W v2 f -rl SU U ;1o "UaiI F'y U 3aN HW Haa 1v^ a °ajWv o Wro a Vix N w trPI S4 y V W (d rd 0aEa H OE- 0 COI-40 a0 O W I U0 - W owu v axo wzH u60•�@ao 1 a x H 0 N @OUHm r-I W0aC.!-IOHU2 I HCx7HW \ x r-1 k0 0wgU Km W @i2 00004En I m0a4H m A (d4Jmb)as OREW 0Ouvw0Wko4W a ••i ZaZ� CY3 • z0a).•3015Hzwv U 0>41 U O�U� w 1 W \r r m W-H W a U Ea z~a s H DOM E q a).+m,HR u+J 1� .) u W 54 4 (, -4x a a W -lI Ix-M 0 H o U 0 r-I W 0 L w a,A F4 p 17 N•r JJ W a HP HR Ea-E Fa•I i WA dEWHWU4JTJH� G'1 m .aF(WPH H,.8HE.8 20 XraAmRiWU 0Z",.- W 0 , I +J U OZ; �♦ 3 H 1 Om RE9:J Na),uHP. 2:0 oU-40HPI 'U W H HSL 1 r-1 O CL\O al'C7 a1 1 m O O W rl �N @>+ H ri H P 1 *'I� OrT,n,'�tnL U OPWO WH I W c-I 1 H F".W m O•r1 0 J Si Op PAH m I N N VH O@W`•' aIWHHPI U' SJW O2JO HH OHa I O O W 1 1@ V 4 @ V Z � U W O S5yy� M 414-4Ef.1£ I N N am HH Oa to WrW0a \momcuZ,0 C96 110 w m H ON OuaWW OWPI H k40 O Z I I-�w A \A=-IE-I -.i N Fz PE W U>w a0 U W a M r�i H \ ' Ff '003�4MUVV11.1 •• 1 SS�� d e� •• N N W 'C H O1 Z H1-1 Wm L4 •Wy+R HI"J+CHWoN@��+'71R I HO O E E4 H H1 a NU'JH(d0WF.p W OWEo •a) PO 1 RO O £ O U F. I FL 1 ( WM,4@Om[A'aj A H£ 1 W-rI�I NO10 a H£ 1 O O 2�•:HVOS-I zt".H-rl Rl£ C7�$@vO I �VJ(m£ ON N OU H O H 1 o W Im�WmrHOO '4'M 0 OHE-IUOO cim m H a W 1 O b7 H M r-1 H J-1z MX U s-1 01-4 a) 1 0 0l U •�U ° U O O U) U 1 NOoNOWF-j miM UXPQ 40 r-q 0 a£Fq F4 IP w 0 H O W I W.+C 1 P4 1 O R W X# � 04 0 7 13 H W E Oc00 II II II II 11 11 Um y,��^OW II 11 II II 11 L7Um = W a R1 E•4YIk + FLry'4 H 'IW Q?+�C7WHNr4U a � H W 0.' H W 1 (12 H x z1% 1 ri N N m a I a w w 1 a Z Page 389 of 697 ili�s l iptCITY OF N REQUEST FOR PURCHASE OVER $10000 Date: 5-Oct-18 Requesting Department: Utilities-PWT-Wells Contact Person: Phill Taylor Explanation for Purchase: Production well flowmeters used throughout wellfield, Recommended Vendor Classic Controls, Inc. Dollar Amount of Purchase $24,453.00 Source for Purchase (check and attach backup materials): Three Written Quotations GSA State Contract PRI DE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 403-5000-533-65-02/Project#WTR105 Approvals: '— Department Head w� " V Date Purchasing Agent A '° ., �. Date Asst City Manager Date City Manager Date Iy)l Y Y Form Revised 02/01/02 Page 390 of 697 REQUEST FOR REQUISITION H.T.B.ENTRY DATE: 10!05/2018 A.T.E.REQUISITION# _ 72283 Clerk: MDC Procurement Asst: Director: City Manager(non budged ca ital and/or$5000+): REASON FOR PURCHASE: __ -- Production well flowmeters used throughout wellfield. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Classic ccntrols, Inc. Admin. { ) Date: 10/05/2018 ASAI Address: POBox6187 Engineering } Date Needed: 10/19/2018 ConLakeland, FL 33807-6187 Gust. Rel. ) 1ASA....... Distribution { ) BACKUP DOCS. DELIVESUBMITTED: Phone(contact): (863)644-3642 Water Qual. ( ) Quotes/Verbal ( ) E.Admin _ w0)___ Pumping ( ) QuotesNVritten O E.WTP 41 (over $2000) Vendor Number 5915 PWTreat. (x ) Bid Docs. O W.WfP 42 ( ) Meter Serv. - ( } Sole Source Ltr. (x ) ' P/U 99 ( ) . .......— INITIATOR:Phill Taylor-Chief OperatorISewage { ) Insurance ( ) Special Instructions: Wells&StT- -C— Requirements: APPROVE -�' / _ trmwtr, ( ) Project Number: C _ o°` _4, WTR105 - ._ . _ — �WQua U it Price Description &Part Number Fund , bet Basic Elem _ — � � Ob' Amount 6 3182.85 AXF20OW-PNALlL-CAI1-ONB 403 5000 533 fi5 02 $19097.10 Yokogawa AXF Series Submersible $ Magnetic Flowmeter `8.0"ID Tube '0-51.41 to 5140.0 GPM Min/Max Span !I P=For Use w/The AXFA14 Remote Converter A=Flurocarbon PFA Tube Liner i L=JIS SUS316L(ANSI 316LSS)Grd Ring CA1=ANSI Class 150#RF Flange 1=Standard Face-to-Face Dimension i 2=ANSI 0.5" FNPT Electrical Connection B= Calibration Included At No Charge 6 892.65 AXFA14G-E1-21/CGP f 403 1 5000_..._ 533 65 02 $5355.90_..1 Yokogawa AXF Series Magnetic Flowmeter Converter "Explosion Proof Tyne 1 Page 391 of 697 G=General Purpose(must choose/CGP I opt) E=4-20 maDC Output/HART Protocol 1= 100-200 vAC Or 100-120 vDC Power SupplyI i 2=ANSI 0.5" FNPT Electrical Connection 1 1=Includes Local Indicator(Horizontal) 1 CGP=CSA Mark for General Purpose f TOTAL f 403 5000 533 65 02 $24453.00 1 Page 392 of 697 Classic Controls,Inc. P.O Box 6187 Page: 1 Lakeland,FL 33807-6187 Tel: (863)644-3642 f� Fax: (863)648-0484 ((�-®►L ib J URL: httpJ/www.classimontrols.com Quotation For: CITY OF BOYNTON BEACH, FLORIDA Quotation#: 1078789 EAST UTILITY ADMIN Revision#: 01 124 E. WOOLBRIGHT ROAD Date: 09/19/18 BOYNTON BEACH FL 33435 Ph: Fx: Attn: PHILL TAYLOR Ref: YOKOGAWA MAG METERS FOB: SHIPPING POINT Please Address Order To: Delivery: SHIPS 6-8 WEEKS ARO Salesman: RAFAEL LEMUS CLASSIC CONTROLS, INC. Validity: 30 DAYS P.O. BOX 6187 Terms: NET 30 DAYS LAKELAND FL 33807-6187 We are pleased to propose the following items for your consideration. If you have any questions about this quote, please call our office at (863) 644-3642 to allow us to serve you. 1 6 AXF200W-PNALIL-CAII-ONB „ 3,162.85 19,097.10 .� Yokogawa AXF Series Submersible Magnetic Flowmeter * 8.0" ID Tube * 0-51.41 to 0-5140.0 GPM Min/Max Span P= For Use w/The AXFA14 Remote Converter A= Flurocarbon PFA Tube Liner L= JIS SUS316L (ANSI 316LSS) Electrodes 1= Non-replaceable Electrodes L= JIS SUS316L (ANSI 316LSS) Grd Ring CAI= ANSI Class 150# RF Flange 1= Standard Face-to-Face Dimension 2= ANSI 0.5" FNPT Electrical Connection B= Calibration included At No Charge 2 6 AXFAI4G-E1-21/CGP 892.65 5,355.90 Yokogawa AXF Series Magnetic Flowmeter Converter * Explosion Proof Type G= General Purpose (must choose /CGP opt) E= 4-20 mADC Output/HART Protocol 1= 100-200 vAC Or 100-120 vDC Power Supply 2= ANSI 0.5" FNPT Electrical Connection 1= Includes Local Indicator (Horizontal) CGP= CSA Mark for General Purpose Quote Total: 24,453.00 Prices shown are applicable only to the quantities quoted herein. Any change or deletion of one or more items may require a quotation revision. Unless noted above, prices do not include shipping, handling, or applicable sales tax. By: JEFFERSON HEGEDUS Page 393 of 697 Y Yokogawa Corporation of America 12530 West Airport Blvd. Sugar Land,Texas 77478 Phone:281-340-3900 www.yokogawa.com/us 01/04/2018 To whom it may concern; Classic Controls, Inc.,located in Lakeland,Florida is our exclusive representative for Yokogawa Measurement&Control Instrument products for the state of Florida. Yokogawa is committed to providing you with the highest level of customer satisfaction possible. If for any reason you have questions or comments feel free to contact me. Thank you for the opportunity to be a partner in your business and we look forward to serving you. Regards, Ron Norton Regional Sales Manager Southeast P: 770.880.6729 E:ron.nortonr��us.v�okoL)awa.com www.us.,,,oko1-1awa.com Page 394 of 697 PURCHASE ORDER CITY OF BOYNTON , FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX 310 P.O. #: 190349 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 10/19/18 VENDOR 12357 SHIP TO: TO: CARAHSOFT TECHNOLOGY CORP. City of Boynton Beach VMWARE GOVERNMENT TEAM EAST UTILITY ADMIN 1860 MICHAEL FARADAY DR, SUITE 100 124 E. WOOLBRIGHT ROAD RESTON, VA 20190 BOYNTON BEACH, FL 33435 REQUISITION NO, 72335 ORDERING DEPARTMENT: UTIL W. BRYANT/ADMIN/MR ® 'A -, I DATE NEEDED: BID NO: COMMISSION APPROVED: ## EXTENDED LINE QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST 1 25.00 EA DOCUSIGN BUSINESS PRO FOR 489.3100 12232.75 GOV-SEATS DocuSign, Inc APT-0382 Start 11/1/.2Q.18:th- tl lD'f31/.2:019 2 129. 00 EA PREMIER; ST3PP0_ T la's Off' AECURRIN FEES , , _ 14.2200 1834.38 DocuSign.:, Ine APT_;007fi sIta:rt 11/1/2,06 thx10/31/20:18 REMARKS: 1kNN7AL ;LI'CENSING - DIGITAL SIGNATURES PIGGYBACE GSA CONTRACT #GS-35F-0119Y i2/19./2:1. QUOTE #10781035: m PROCUREMENT SERVICES: P.O. TOTAL: 14067.13 ACCOUNT NO. PROJECT 401-2821-536.46-91 PURCHASING Page 395 of 697 H N H N N 7� I N H I \n V] SCJ H v N,7 H 4# ' hO LiJ oro y 0 tv m0rtpu CO (nnOO0 ra y p clownm COWnn (n o H 00 WXNZ3 tC3:nGcl n m 0:4rr CD n�rt COrn I � C H n N Nn00 I-•-t+7 00 N-1-4 I H O y 0 �ty H(Q Av �t71-'W 0 b � H O 3 N N I Z"HO 3 HF-O t'I '-3 O 'JO H W to UI I ..\H'U .. ..\H ct7jl Z O b7 (On y W W I ,NM N t7 w C71 ' (0000 0 (nn On H I A A 1 L W W riy OD�yy zjxaow t~ rt ' Ga M F1 N r-w� i 1 MP00mpu U2 PU i tnH.jO (n CO [ E0 I y K Ot-lom I ot:l, O �'�Ly b\NO � H �rororo I r b7 rnH E H (r\ n R F' H ro b H �!OH Pd byy00 C i y HzH7. ('C1- 7r t't3 H N4 G1 r ti I N N z M m 140 M KO m I z K) "bLir, i tl �• rtto L J(n M(n Fj 'PC `u , , F3 -e4 (nW w C OH !n [Gn n I G�� yb Z n ' m 0 c H o ; m zIn M .... W ' 1 H i d d Z z ' ' C 6�U �d nN N I 00 rb H H ' H to ro y PO z ; o o f 0i o 0 o I 4 rol >E z z Ct i2 o f KJ ti] p N w ` ftlH y ci Ad ' W t7tlii 7D I, I w W to o 19 00 s F� H ' N w , C] 0 N 013 W O ' H, NN Oy w w t i 0 o i H y 2 y N to ' I M H �t""• ' H N , r CDco bi LI) , 5' .4 ¢ .... H 0 0 ` 'F N ' n IOi' r �3ty 0 H ro z cv m H I ' 1 , i ' I I � I , I I � ' ' H ' ' C C M z e w I 0 O W tt) 1 I �bi U v N O i $V tX OD In 7C.1 0 0 r• .. ' I lb N H �r t+] CO N I I H H i✓• ' , au oD i Page 396 of 697 CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $10,000 Date: 11-Oct-18 Requesting Department: Util-Admin Contact Person: W. Bryant Explanation for Purchase: - - Digital Signatures at Carasoft GSA Schedule no# GS-35F-0119Y Term 12/20/2011 thru 12/19/2021 Recommended Vendor Carasoft Tech. Corp Dollar Amount of Purchase $14,067.13 - Source for Purchase (check and attach backup materials): Three Written Quotations GSA 0 State Contract PRIDE/RESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: GSA-35F-0119Y NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 401-2821-536-46-91 ....Approvals: Department Head wr Date / Purchasing Agent , Date 7t> Asst City Manager Date City Manager Date (cT Form Revised 02/01/02 Page 397 of 697 QUEST FOR REQUISITION H.T.E.ENTRY DATE: 10/11/2018 H.T.E.REQUISITION# 72335 Clerk: MR Procurement Ass't: Director: City Manager(non bused ca ital and/or.$5000+);``"`` REASON FOR PURCHASE: Digital Signatures at Carasoft _ GSA Schedule no#GS-35F-0119Y Term 1 vm/261 1 thru 12/19/2021. VENDOR INFORMATION: DIVISION: OTHER INFORMATION: Name: Carasoft Technology Corp. Admin. (X) Date: 10/11/2018 ASAP (X) Address: 1860 Michael Faraday Dive Engineering ( ) Date Needed: 10/28/2018 Confirm. ( ) Ste 100 Cust. Rel. ( ) ASAP/Cont. ( ) Reston,VA 20190 Distribution ( ) BACKUP DOCS. DELIVERY: _...... SUBMITTED: Phone(contact): Sawyer Heppes Water Qual. ( ) Quotes/Verbal ( ) E.Admin. 40 (X ) _ (over$50 _ -0 703-673-3643 _.. _ Pumping ( ) Quotes/Written O E.WTP 47 ( ) (over $2000) Vendor Number: 12357 PWTreat. Bid Docs.. W.WT 42 - — ( ) O ( ) Meter Serv. ( ) Sole Source Ltr ( ) P/U 99 ( ) INITIATOR: Waneya Bryant,Acting Sewage ( ) Insurance ( ) Special Instructions: Manager,Asset Management y Requirements: APPROVED: Strmwtr. O Pro ect Number:111 Q25n $489 31e DocuSien Busmen Pro for Gov-Seats rt br Fund Det Basic Elem Obi Amount �. g P 40 28 1 6 46 91 $12232.75 DocuSign, Inc APT-0382 Start 11/1/2018 thru 10/31/2019 129 $14.22 Premier Su o pport 15/0 of recurring Fees 401 2821 536 46 91 $1834.38 DocuSign, Inc APT-0075 Start 11/1/208 thru 10/31/2018 _ TOTAL 401 2821 536 46 91 ( $14067.13 : ................ ------- i ( Page 398 of 697 as arswrr®®cr..■r r ■-wa. rsvrr®v.. DocuSign Government at Carahsoft 1860 Michael Faraday Drive ) Suite 100 1 Reston,Virginia 20190 cal cthsutt. Phone(703)871-8500 ) Fax(703)871-8505 1 Toll Free(888)662-2724 www.carahsoft.com I sales@carahsoft.com T : Michael Low FROM: Sawyer Heppes City of Boynton Beach Utilities DocuSignGovernment at Carahsoft 124 E.Woolbright Rd. 1860 Michael Faraday Drive Boynton Beach,FL 33435 USA Suite 100 Reston,Virginia 20190 EMAIL: lowm@bbfl.us EMAIL: Sawyer.Heppes@carahsoft.com PHONE: (561)742-6403 PHONE: (703)673-3643 FAX: (703)871-8505 TERMS: GSA Schedule No:GS-35F-0119Y QUOTE NO: 10781035 Term:December 20,2D11-December 19,2021 QUOTE DATE: 08/21/2017 FTIN:52-2189693 QUOTE EXPIRES: Shipping Point:FOB Destination 10/31/2018 PP 9 RFQ NO: Credit Cards:VISA/MasterCard/AMEX SHIPPING: Remit To:Same as Above ESD Payment Terms:Net 30(On Approved Credit) TOTAL PRICE: $14,067.13 Cage Code:1 P3C5 DUNS No:088365767 Business Size:Other than Small Sales Tax MayApply --— - TOTAL QUOTE: $14,067.13 -------------- _--_- _ LINE NO. PART NO. DESCRIPTION - QUOTE PRICE QTY EXTENDED PRICE 1 APT-0382 DocuSign Business Pro for Gov-Seats $489.31 GSA 25 $12,232.75 DocuSign,Inc.-APT-0382 Start Date:11/01/2018 End Date:10/31/2019 2 APT-0075 Premier Support 15%of Recurring Fees(15% $14.22 GSA 129 $1,834.38 of List Price per$100 of List License Fees) DocuSign,Inc.-APT-0075 Start Date:11/01/2018 End Date:10/31/2019 SUBTOTAL: $14,067.13 e , r b`9 � TOTAL PRICE: $14,067.13 TOTAL QUOTE: $14,067.13 CUI kA J Product Details t`//`V.+ l Seat Allowance:25 Envelope Allowance:2,500 � S Terms&Conditions This Order Form covers the DocuSign Products and Services described herein and is governed by DocuSign's Corporate Subscriber Terms and Conditions available online at:http:/1www.carahsoft.comiapplicationfles/121417516/7222IDocuSign_CSA.pdf Please note that the"DocuSign Business Pro for Gov-Seats"sku includes a specific area in DocuSign's Data center for U.S.Government agency data storage.Since this specific area in DocuSign's data center has not been designated yet,the functionalities of Business Pro licenses will apply, but the separate storage area will become available when the government specific area is designated. CONFi is i L QUOTE DATE: 08/21/2017 QUOTE NO: 10781035 Page 399 of 697 Krasnoff, Leah From: Bryant,Waneya Sent: Tuesday,October 16, 2018 4:55 PM To: Krasnoff, Leah Cc: Roberts, Melissa; Low, Michael Subject: Carahsoft/DocuSign Attachments: Carahsoft- DocuSign -08.21.2017-Quote 10781035 -City of Boynton Bea....pdf Hi Leah! As requested, we confirmed the Carahsoft GSA contract is still current and the pricing on the quote is actually better. Below are screenshots of GSA pricing along with the link. Attached is a revised quote that also lists GSA pricing. All work will be completed remotely via conference calls,the vendor will not be onsite. Please let me know if you need any other info! httr)s: Lwww. saadvanta eu .go 1 Page 400 of 697 https.jiw%vw. saadva to ygo / dvantag i ata'�'oJ�r ct_ etail,d ?gsi = 1 Q 057951 Apps ,,+ Report Detail tF Sales&use tax rates MM Cara soft very°iew. NA PO ValuePoint- A N PO' Onlire Shopping Shop by Category eaarchl Products Advar Home >Product Dataii DOCUSIGN BUSINESS PRO FOR GOV- SEATS Mfr Part No.: APT-0382 Contractor Part No.: 4987-120-SSS I Manufacturer. DCOCUSIGN I Contract No.- (70/132-32 G5-.35F-0119Y(ends: Dec 19,2021) MAS Icarahsoft Schedule/SIN:Made In: JNTfED STATES Of AMEfZICA E [ i I pull" disaster Purchasing items f � � i_.. f ruasx Cooperative Purchasing items Enlarge/Mare Views >> Desc $527.76 EA DocuSign Business Pro for Gov-Seats sold and shipped by CAAAHS®FTTECHNOLOGY _....... _.__..... _. _.... CDRPORAMOta visit contractor's website Compare Avai lable Sources __. .._. Quantity i` his ", IustrucUous: Select price below, enter qty at left,then Add to Cart.To view anoth€ indicates when volume discounts are offered. Price/Unit Contractor 8oclo P l $527.76 . CARAHSCIFT TECHNOLOGY CORPORATION � 2 Page 401 of 697 PREMIER SUPPORT I5q/0 OF RECURRING FEES... Mfr Part No.- APT-0075 Contractor Part Mo.: 4987-120-49 Manufacturer: DOCUSIGN Contract No.: GS-35F-0119Y(ends: Dec 19, 2021) MM CSchedule/SIN- 70/13233 rahsoft 'lade In: - UNZ STATES OF ArA ERICA iacH Disaster Purchasing items Cooperative Purchasing items EWarge/More vjen-s>> $114.166EA Premier Support 15%of Recirrin 9 Fees(15% of List Price per$100 of LJ sotd ana shipped by CARAHSOFT TECHNOLOGY CORPORA-TTON , visit contrjr actor'ss Websitejrr4 COmpare Available Sources Quantity: Instructions.,Selectprice below,enter qty at left,then Add toCart T e an, D view 0 Indicates when volume discounts are offered. ----77— nre" �nit Pricelund Contractor $14.66)EA CARAHSOFT TECHNOLOGY CORPORATION Socio !r 3 Page 402 of 697 mu��� ouxuuu/emo m�-���'v���z _ . . Pagel mf5 . . . . Call UnToday!(51a)360-21O7 / infD@gxaooheduler.00m G° in %�\�� ����k �/ ���� �� �� _ �� ���� iH ~��~ �_�����_[������� ��� ��~�� - Home What 0sA GSA Contract? List Of Schedules Bkog Contact Us Q GSA Schedule NO. GS-35F-0119Y Home / GSA Schedule List / GSA Schedule No.ee'suF-o1 1e' Onthis page,you will learn more about GSA Schedules and List OfGSA Schedules the specific contract number GS-35F-0llgY. Awarded by the General Services Adnl|DiS1rat/0nt��Se30h�du|�SGne ' > GSA Schedule 7D also known as5-y88rcontracts that are awarded tD businesses. These schedules are presented by different > GSA Schedule 84 numbers, and each number means adifferent thing.' ` > GSA Schedule 35 For GSA Contract NO G3'35F-01l9Y, it is a CODtreCt which isunder the category GSA Schedule 7O The whole branch > GSA Schedule 56 Of|Tsolutions i5this schedule, and some ofthe examples include cloud |Tservices, data center services, computer > GSA Schedule hardware, software development and applications and 874 many others. The GSA Contract No. GS-35F'0119Yhas been won byleading |Tsolution provider C@[8hSOftinthe > GSA Schedule year 2011 and will end /nthe year 2Ulb. |fyou visit the 871 Carahsof\'Swebsite,you will probably |nawe with the number ofother contract vendors they are working with. > GSA Schedule 520 ) GSA Schedule 48 Fttp://www'goaschedn}er.uom/schedu]es/gsa-uchedule-no'go-35f-0119y/ 10/3/2017 Page 4O3OfG87 USA Scneaule No. cid-sJr-ui iy r As you can see, being able to get such a GSA contract means a lot to a company. If you are an IT solutions > GSA Schedule company,you should try to look for opportunities to apply 899 for these contracts under GSA Schedule 70 and attempt to get a similar contract to Carahsoft. There are a few hurdles > GSA Schedule 75 you would have to cross before being applying for them, though — firstly you would have to have had been doing > GSA Schedule 71 business in that particular industry for two years or more > GSA Schedule 66 (information technology sector this case). $150,000 in gross sales is also a requirement and also good and happy > GSA Schedule 73 feedback from customers. Do not also think that you will be able to mark up your prices just because you won the > GSA Schedule contract — it is also a requirement to keep your prices 738x competitive and offer some of the best prices around the world. You would have to submit a proposal and list out all > GSA Schedule of these estimated pricings beforehand, and you have to 736 seek approval if you want to increase them after you have won the contract. > GSA Schedule 76 Getting a GSA contract is not easy but with such stringent > GSA Schedule requirements, only the best can compete for it. Strict OOCORP restrictions can mean both increased or decreased competition depending on how you look at it. As only the > GSA Schedule best can compete, it helps to sieve out a lot of lousy 03FAC companies and remove them from your competition. But at the same time, you are only competing for the best and the > GSA Schedule 23 people awarding the contract would never settle for less. > GSA Schedule So if you are an IT solutions company and able to meet 51V these requirements, it is best for you to try to win a contract similar to Carahsoft's GSA contract No. GS-35F-0119Y. > GSA Schedule 58 Even if you do not manage to win the contract eventually, the process will help you to get your name known to other > GSA Schedule 65 customers or companies, and you will still be able to benefit from it indirectly. If you are interested in boosting your > GSA Schedule 67 business and getting on GSA contract No. GS-35F-0119Y, contact GSA Scheduler today. > GSA Schedule 69 GSA Schedule GS-35F-0119Y > GSA Schedule 70 SIN 132-51 http://www.gsascheduler.com/schedules/gsa-schedule-no-gs-35f-0119y/ 10/3/2017 Page 404 of 697 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 BOYNTON BEACH,BOX FLORIDA# 33425-0310 DATE: 10/25/18 VENDOR 4397 SHIP TO: TO: JOHNSON-DAVIS INC. City of Boynton Beach 604 HILLBRATH DRIVE PUBLIC WORKS DEPARTMENT LANTANA, FL 33462 222 N.E. 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION N0, 72329 ORDERING DEPARTMENT: ENGINEERING/AGGA/GD • '® t DATE NEEDED: BID NO: COMMISSION APPROVED: LINE# QUANTITY UOM ITEM NO. AND DESCRIPTION EXTENDED UNIT COST COST 1 5.00 EA STORM SEWER CATCH BASIN 4200. 0000 21000.00 2 6. 00 EA STORM SEWER PRB.S 500. 0000 3000.00 3 350. 00 EA STORM SEWER 18" PIPE;' 28.0000 9800. 00 4 256.00 EA EXFILT"'TION:_TRENCH: 95.0000 24320.00 REM d2_'S: DRi ..WAGE.:TISTSTALON AT. SIMS I , PROCUREMENT SERVICES: . r P.O, TOTAL: 58120.00 B ACCOUNT NO. PROJECT 303-4218-572.63-05 RP1872 PURCHASING Page 405 of 697 CD m , \ \ x I I I 0 H 0 0 1 , H I Fa 00 0 0 0 0 a ; 00 0 Om m 14 Q Q a I i UWO I H m m v m HCH .?I O I I I NN Ln z I , a wl I NQa ; H I I W I 1 'Z1z� 1 Q ' 000 I r I zr]hAC d I I 1 i 0c) I I O m o I I nm m I z O O O QF I o 0 0 O o I o 0 0 0 zm I o 0 0 WO I I I o 0 0 0 H UI o O o 0 o I I O 0 0 o O O O N N W I O O m M 1--I U , H m m a' m I (!) "d". 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M rn m m w z H O I W�•IQ W>40 W}1q H>1Q I Hm m CO m Z F H I 3F0 3 H O X H 0 HHO 0,-I H H HE coo O H I W H E W H E W H E H E I N N N N0 Q H N l W02 MOE Mon: �Q£ Ow a' v v U H H 0 H I 00 00 00 H00 Um m m m Z H a xl EEU EEU £EU aEU I Uo 0 0 0 Ato U Ix O 0 OOp GOQQ H O W 000 0 H Q F W1 HUM HUM HUM XUw W a Q i Ci) El) [4 W ' MO a H w I CR H CQ I r-I N m W ; H H N m eN O x az ' 1 a w W a a Page 406 of 697 M,.. i CITY OF BOYNTON BEACH � REQUEST FOR PURCHASE OVER $10,000 Date: 10/23/2018 Requesting Department: PW/Engineering Contact Person:Rary Dunmyer F�X-planation for Purchase:Dainage installation at Sara Sims Recommended Vendor Johnson Davis _ w. Dollar Amount of Purchase $58,120 Source for Purchase(check-and attach backup materials): Three Written Quotations � GSA I--I State Contract Q PRIDWRESPECT SNAPS Sole Source Piggy-Back Budgeted Item Emergency Purchase Other Contract Number: NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: 303-4218-572-63-05, Project#RP1872 a Approvals: Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date tx Form Revised 02101!02 Page 407 of 697 0000 O 0 oo0cov N O O O OO M CD N N M 0 N O r t! Q co LA 69 64 EF? 619 69 O O O 0 VO O O 0' d 0 O N N �. N LA 69. 69 M U C m fA Q Q LL LL '> = W W J J E N Cn N v+ V vi W u ❑ cc LLJ LL O ❑ O Z ~ O O UO m LU LL LU j = 0 } ❑ 0 w W z d. 0 J W Q Z tUM U W � Zoa 'o Eo O V) 0 z W .Y d a O ~ ¢ = m W iiJ m D a 0 N `0^ O m = z z V ow � =g � E CDc Q a O o z rx o N Z m � N W#:' H 0 z L N V Q w Q ❑ g W Q O a p mNa a00V)< ` 30° g o V� D ;0 c = u � ui zzN U � XLL ' Z � p � O � !- N N N HLA Q �� Q 33 3 c d? O OZOZ � ❑ J W z W W W Z (A CO co l0 OF V- � � Q ■� > ' Ln♦ Qo 0 0 L u m o g g z V 0. CO (0 CO W 0 � a Q LL � LU V) = Nq Ll O W Page 408 of 697 Krasnoff, Leah From: Dunmyer,Gary Sent: Monday, October 22,2018 1:53 PM To: Krasnoff, Leah Subject: FW.Sara Sims Park Sanitary&Drainage Proposal 8-23-18 Attachments: Sara Sims Park- DRAINAGE BID FORM 8-23-18.xlsx Email 1 of 3 Gary Dunmyer, MBA, P.E. City Engineer }al Public Works, Engineering It Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 # F Physical Address:100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 561-742-6231 ' 3 DunmyerG@bbfl.us Boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Rohan Joshi<rjoshi@johnsondavis.com> Sent:Thursday,August 23,2018 8:49 AM To: Dunmyer,Gary<DunmyerG@bbfl.us> Subject:Sara Sims Park Sanitary&Drainage Proposal 8-23-18 Hello Gary, Attached please find our proposal for the subject project.Thank you for the opportunity. Feel free to contact me if you have any questions. Thank you, Rohan Joshi Johnson-Davis,Inc. 604 Hillbrath Dr. Lantana FL33462 561-578-4254 Direct 561-588-1170 Office ricshi .4ohnsgn(avis.corn .1 Page 409 of 697 0000 Cl 0666 p An ►O co otiaor. no o~D O N O N M M EO OD. Q ro fr9 J Ef} H}FA E!i -J O OOO 0 0 m 0 0 !A M o E d ba O D % D 'a C 7 WWJJ cu D 0 Ln ID Ln Ln I C3 a E c N Y 0 N Q 'Q G v U O Q- C Q 0 C -- O N 0 V Y Q tke C-4 V p 0 N N Q c °' E a O O 0 7 CQ L m 0W :0 3 h O O 0 D1 ow W E .00 901 G w N Qx+ Y 2:0 C ® (� m n9 O c c C C Vf C 2 E ® C CL +' j a+ N c = C s n1 G1 _ N Z c m ro a c .1C N L v X N c �' L o t i c 0 a //may/ pyo IY1 ® �' m ` u a E m e a• M V a S d9 qL L (9 L mar a N 0 _m = 0' 0 yOa L ® 1i 4.0 N 4D c c i' c ` +� _ c t o w G►i ® Qp C C m N o y m` = o o m ro >. a o ® Z U d r ® O c !P E = m o n o 3 °' c m o -0 v m m T w `0 3 w = o w w E E c E - 3 3 3 c m o m c a d a ww a `0 y -0 o D fli m 0 OY y c . o O _Z fn fA {b c o o a= a ro E « o = m a C a. :+ m 1° a^vi `t rui C3 a ` e w y aQ W O O r0 •i x aEi a0i A c c a `a u u t a Q (hcl) ® W D U in 4 Q V p Z vai a` a` a Q ev rn V �n Page 410 of 697 Krasnoff, Leah From: Dunmyer, Gary Sent: Monday,October 22,2018 1:53 PM To: Krasnoff, Leah Subject: FW:Sara Sims Park Improvements Attachments: Jackson Land Development- Drainage and Sewer bids-Sara Sims Park.pdf Email 3 of 3 Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering i Mailing Address: P.O. Box 310 Boynton Beach Florida 33425 Physical Address:100 E. Boynton Beach Blvd. Boynton Beach, Florida 334.35 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ Susi; Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Rick Buck<rick.buck@jacksonld.com> Sent:Wednesday,September 05,2018 3:58 PM To: Dunmyer,Gary<DunmyerG@bbfl.us> Cc:Ed Foss<ed.foss@jacksonld.com> Subject:Sara Sims Park Improvements Gary,see attached proposals for the sewer and drainage work related to Sara Sims Park. Please let me know if you have any questions. Thank you, Rick Buck Jackson Land Development,LLC 1888 NW 2111 Street Pompano Beach, FL 33069 Phone:954-973-3060 1 Page 411 of 697 U 0 O tLO N 1` O t0 00 N 0 0 0 r- O L U) CO ti 1r.. CS O C O G 7 r O N f� O) a o 0 00 0 00 p � ,cF M iV o 't° Lrl m G rq p E r o V Ln C" c/f U-) 6} C" nn o 14 Ari. A4 L ' y^.I cn 6F., N O O O U O O Go et o a I,,- (M It' iq(M 0 ....ry Ln co M ..... .... ++ 00 'Rt 6% V- 0 M M r m a w w J J w J'Ln O � o Ln lD m Nei M .� 4 V O o LL O m oH AW I%k r z Sc ° �Q m o. O a o to o � � � � o •v v Z � a � „ m �— _E a a� ai ai v \Z_�� fCA (A tco m a�w L / E E w 0 0 �' 4- L LLL L '� Q o. W a W o o 0 `R L o •` �' , H fA CO (n W G _v► Ln Ln z Z 4 Page 412 of 697 Krasnoff, Leah From: Dunmyer,Gary Sent: Monday, October 22,2018 1:53 PM To: Krasnoff, Leah Subject: FW:Sara Sims Attachments: Sara Sims Drainage.xlsx Email 2 of 3 Gary Dunmyer, MBA, P.E. City Engineer 3 Public Works, Engineering Mailing Address: P.O. Box 310 ! Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. Boynton Beach, Florida 33435 W 561-742-6231 E�j DunmyerG@bbfl.usboynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law,email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From: Michael Aceti<maceti@allcountypaving.com> Sent: Friday,September 21,20181:08 PM To: Dunmyer,Gary<DunmyerG@bbfl.us> Cc:Jeff Cohen<jcohen@allcountypaving.com> Subject:Sara Sims Good Afternoon Gary,please see attached bid forms for the Sara Sims park project. Please let us know if you have any questions regarding the bid forms.Can you please forward this over to Mark as well for us as we do not have his email address.Thank you again for the opportunity and have a good day and weekend. Michael Acetl Sales/Estimating All County Paving Office: 561-513-3815 Website: www.allcount Davin&corn i Page 413 of 697 Greco-Arencibia, Adrianna From: Dunmyer, Gary Sent: Wednesday, October 10,2018 11:06 AM To: Greco-Arencibia,Adrianna Subject: Sara Sims Drainage Attachments: Jackson Land Development- Drainage and Sewer bids-Sara Sims Park.pdf,Sara Sims Park-Johnson Davis DRAINAGE BID FORM 8-23-18.xlsx,All County Sara Sims Drainage.xlsx Adrianna, Attached are the bid documents for Sara Sims Drainage. Please note this is a new construction project. Sara Sims Drainage Bids TOTAL Johnson Davis $58,120.00 Jackson $93,870.00 All County $159,115.75 Gary Dunmyer, MBA, P.E. City Engineer Public Works, Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:100 E, Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6231 DunmyerG@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. 1 Page 414 of 697 Greco-Arencibia Adrianna ` From: Dunmyer,Gary Sent: Tuesday,October 02,2018 10:45 AM To: Rohan Joshi Cc: Greco-Arencibia,Adrianna Subject: Sara Sims Drainage Rohan, Johnson Davis is the low bidder for the drainage installation at Sara Sims. In order to proceed,the City needs a copy of the company's COI and W-9. Can you please forward that information to Adrianna(cc'ed on this email). Also,the City requires additional bids for the potable water portion of this project would you be willing to provide a bid for this? Gary Gary Dunmyer, MBA, P.E. City Engineer Public Works Engineering Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address: 100 E. Boynton Beach Blvd. I Boynton Beach, Florida 33435 561-742-6231 ED DunmyerG@bbfl.us boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. Page 415 of 697 Greco-Arencibia, Adrianna From: Javier,Andrea Sent: Wednesday,October 10,2018 3:43 PM To: Greco-Arencibia,Adrianna Cc: Krasnoff, Leah Subject: RE:Sara Sims Drainage-W-9 and COI attached Attachments: Johnson-Davis,Inc.pdf The attached meets City requirements. Andrea Javier, IPMA-CP Benefits Administrator Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 re 561-742-6044 JavierA@bbfl.us Baynton-beach.arg/ iWN &U , Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore, your e-mail communication and your e-mail address may be subject to public disclosure. From:Greco-Arencibia,Adrianna Sent:Wednesday,October 10,2018 3:35 PM To:Certificate of Insurance<COI@bbfl.us>;Javier,Andrea<JavierA@bbfl.us> Cc: Krasnoff,Leah<KrasnoffL@bbfl.us> Subject: FW:Sara Sims Drainage-W-9 and COI attached Andrea, Can you please see if the attached COI meets City's requirements. Leah, Can you please update the vendor's W9 information. I believe the one in the system may be expired. Thank you 1 Page 416 of 697 6.K. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Legal Expenses- October 2018- information at the request of the City Commission. No action required. EXPLANATION OF REQUEST: Outside counsel has provided all October 2018 invoices to Risk Management and are also attached. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: Budgeted n/a ALTERNATIVES: none STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Attachment Summary Goren Cherof Gen October 2018 D Attachment Goren Cherof Doody & Ezrol October 2018 1 nvoices Attachment Summary Goren Cherof Risk October 2018 Attachment Goren Cherof Doody & Ezrol October 2018 Risk Litigation Invoices D Attachment Summary Outside Counsel Risk Oct 2018 D Attachment Other Counsel October 2018 Invoices Page 417 of 697 Goren, Cherof, Doody& Ezrol, P.A. -October 2018 General Legal Costs Retainer-General Matters onsite office hours agenda item review pre-mtg commissioner mtgs commission mtg followup commission mtg contract review, code issues group homes, NOI research 147.3 Hours 17,500.00 Labor-general 884.60 Red light camera 4,095.15 Special Fire Assessment 0.00 Unsecured Creditors of Tribune 0.00 Memorial Park Replat 0.00 Litigation 7,467.79 Model Block Right of Way 0.00 Boynton Lakes North Comm Assoc 41.00 Olen Properties Corp 0.00 adv Howell,Jeannett vs Deutsche Bank 0.00 Ryan, Ronald EEOC charge 0.00 adv. Secured Holdings, Inc. 123.00 adv Federal Natl Mortgage (Cleveland, Darren) 0.00 Predelus, Love (HUD Complaint) 369.00 B of A(Fowler, Rita) 82.00 B of A(Brown, Howard) 82.00 Purchase of Trop Breeze Est Utility System 492.00 Paradise Bank(Sefton, Howard & Beth) 0.00 Secured Holdings 0.00 Brescia, Brandon, EEOC Complaint 102.50 Town Square 4,797.70 Purchase of Parry Village Util Syst 0.00 Loan to Dougherty 4,427.75 Sale to JKM, North 5,840.50 Sale to JKM, Central 0.00 Melo, Vinicius (Labor/Arbitration) 7,763.10 Cain, Courtney(Labor) 369.00 Deutsche, Bank Nat'l Trust(Jones, Donnie) 82.00 HSBC Bank USA(Estime, Ludny) 82.00 Rahming,Tony(Forfeiture) 1,262.00 Bell,Jamar (Forfeiture) 611.00 Sale to JKM, South 0.00 Purchase of Col Est Utility System 0.00 TOTAL General Legal Costs-October 2018 56,474.09 Page 418 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0603180 Boynton Beach FL 33425 STATEMENT NO: 22491 Attn: Lynn Swanson LABOR- General HOURS 10/03/2018 SHB Yesid Higuera pre-d conference at City Hall. 3.00 10/11/2018 SHB Receive and review correspondence from Oldbury re: Roseline Moyse matters. 0.30 10/17/2018 SHB Receive and review Andrae Robinson documents; follow up with Oldbury. 0.80 FOR CURRENT SERVICES RENDERED 4.10 840.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 4.10 $205.00 $840.50 Photocopies 44.10 TOTAL EXPENSES THRU 10/31/2018 44.10 TOTAL CURRENT WORK 884.60 BALANCE DUE $884.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 419 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-0806020 Boynton Beach FL 33425 STATEMENT NO: 22492 Attn: Lynn Swanson Red Light Cameras HOURS 10/01/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 3.40 10/02/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 2.70 10/11/2018 SHB Receive and review Motion to Dismiss filed by Carman Leon; transmit to officers for review. 0.30 10/24/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 4.40 10/30/2018 SHB Prepare and file notices of intent to rely on business records for use at trial. 4.90 10/31/2018 SHB Meeting with staff to discuss program procedures. Prepare and file notices of intent to rely on business records for use at trial. 3.40 MDC Review status of program hearings; confer with SHB. 0.40 FOR CURRENT SERVICES RENDERED 19.50 3,997.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.40 $205.00 $82.00 SHANA H. BRIDGEMAN 19.10 205.00 3,915.50 Photocopies 97.65 TOTAL EXPENSES THRU 10/31/2018 97.65 TOTAL CURRENT WORK 4,095.15 BALANCE DUE $4,095.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 420 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9001821 Boynton Beach FL 33425 STATEMENT NO: 22493 Attn: Lynn Swanson General Matters HOURS 10/01/2018 SMS call with staff regarding the mechanic's report; review of 500 PD lease for crime prevention unit 2.20 RAA Telephone conference call with Florida Atlantic University representative re: student advisory services contract language. 0.30 JAC Call with LS re pending matters; research re ADA-website access; review status of bargaining. 1.80 10/02/2018 SMS review of 500 crime prevention lease; correspondence regarding insurance minimums coverage 0.70 RAA Receive/review memorandum of agreement from Florida Atlantic University re: ASL services; Correspondence with City staff re: same. 0.40 DNT Coordinate final version of ordinance for City Commission consideration. 0.80 JAC Onsite office administration; conference with D Majors re beach access issues and research ADA issues re same; prepare for and attend Commission meeting; review beachfront park boundary issues; review lease and HVAC issue. 8.50 10/03/2018 SMS finalize comments for police crime prevention unit lease ;correspondences regarding insurance provision for police lease for crime prevention unit; review of windstream agreement for termination and notice requirements 1.60 RAA Review planning/development board previous meeting agenda re: legal description in lot abandonment; Confer with Attorney Cherof re: Abandonment Ordinance first and second meeting; Draft correspondence to FAU representative re: ASL services memorandum of understanding and telephone conference call with City staff re: same. 0.90 JAC Commission meeting follow up; follow up on web access issue. 1.20 10/04/2018 SMS review of revised Facilities rental agreement for Gold Coast Band; review of windstream agreement for termination notice 1.40 RAA Correspondence from FAU representative re: proposed memorandum of understanding. 0.20 JAC Office administration issues; review agenda items and related document's; follow up on procurement/utilities projects. 5.00 SHB Review statutory notice requirements; discuss with JAC and Mark Woods. 0.60 JFK Conference with RAA re website accessibility issues. 0.50 10/05/2018 SMS windstream agreement review; correspondence with city regarding termination; review of correspondence regarding termination 0.90 Page 421 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 22493 General Matters HOURS JAC Review cemetery plat transfer issue; Review pending assignments to Assistant City Attorneys; review agenda posting and notice related issue. 3.50 JFK Meeting with w/RAA re website accessibility. 0.60 10/08/2018 RAA Receive/review newly draft memorandum of understanding with Florida Atlantic University; Conference call with City staff re: same and recommended response; Conference call with Florida Atlantic University representative re: changes to the agreement; Follow up correspondences with Florida Atlantic University representative and City staff re: same. 1.50 RAA Review and edit letter to all counsel re: changes to pretrial schedule and follow up correspondences from all counsel re: same. 0.40 JAC Onsite office administration; review agenda items; research ROW issue; review procurement matters; charter review issue; review new residential facility issue and email Jeff Lynn re same; discuss with SB. 5.30 SHB Receive and review correspondence from attorney Jeffrey Lynne re:: sober living/group home application matters. Various correspondence with City staff; coordinate meeting to review internal processes for handling requests. 1.00 10/09/2018 JAC Agenda review: review procurement items; call with LL re pending matters; review status of trail settings and preparation. 3.20 10/10/2018 SMS review of windstream agreement and city correspondences regarding termination 0.40 RAA Review, analyze and make changes/commentary to proposed interlocal agreement with County on installation of license plate reader equipment. 2.50 JAC Agenda review and preparation; review 119 request status; review tort defense index and review with attorneys. 3.20 10/11/2018 SMS research regarding abandonment of road and title to the abandoned property; review of opposing counsel changes to crime prevention lease 1.30 RAA Receive/review final version of arts in public places advertisement agreement; Correspondences with sergeant re: recommended changes to proposed interlocal agreement with County. 0.70 JAC Agenda review and preparation; call with and follow up with JO re severance agreement; review abandonment/plat and ownership issue with staff; prepare and research re general employees pension issue. 4.80 DNT Telephone call with Shane Kittendorf re: Bob Brown fence permit issue; review documents re: Shane Kittendorf fence permit issue. 0.50 SHB Follow up with Rumpf re: various group home and permitting matters. 0.60 JFK Correspondence re: Agreement with Amazon re: scrutinized companies statutory requirement. 0.30 10/12/2018 SMS research regarding memorandum of understanding; research on abandonment of alleyway issue 1.90 JAC Review and coordinate assignments; review agenda and conf with SB; discuss tort cases with RA; office administration issues; review web site accessibility issues and current cases. 2.80 JFK Research re: Amazon contracts. 0.30 10/15/2018 DNT Review and respond to inquiry related to permit fees for right of way permit for telecommunications provider. 0.50 Page 422 of 697 Page: 3 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 22493 General Matters HOURS SHB Office hours at City Hall. Attended Executive Team Meeting. Internal meeting re: 621 & 631 Lake Street BTR matters. Meeting with atty Jeffrey Lynne and his client re: 621 &631 Lake Street BTR matters. Discuss chronic nuisance matters with Mark Woods. Discuss bid document matters with Ilyse Triestman. 8.00 JAC Review J. L. case citations and follow; monitor emails and call to ACA attys re same. 0.50 10/16/2018 SMS research on GSA contracts and termination for convenience; research on need for memorandum of understanding for booking facility use 2.20 MDC Misc telephone call with Shana Bridgeman re: Agenda items, Roberts' Rules of Order issues. 0.30 SHB Attend City Commission meeting; discuss with JAC. Finalize memo re: scrutinized companies. Revise pet store ordinance. Attend meeting re: pet store ordinance. Follow up with Coles-Dobay re: alternate board member matters. 8.00 10/17/2018 SHB Draft pet store ordinance agenda item. Various correspondence with City re: bidding matters; review design-build statute. Follow up re: scrutinized companies matters. Follow up re: legal ad matters. 2.00 SMS research on GSA contracts and the City's right to terminate for convenience; correspondences regarding crime prevention unit lease for 500 Ocean and insurance issues 1.60 10/18/2018 SMS correspondences on 500 lease and memorandum of understanding 0.20 SHB Various correspondence and telephone conferences with City staff and Baird re: BTR and sober home matters. Receive and review police Electronic Licensing and Vehicle Information System agreement. Follow up re: Animal Ordinance agenda item. 2.50 10/19/2018 IS Telephone conference call with staff re: meeting in Delray on 10/22 re: noise ordinance - prepare folder with information re: same for meeting 0.60 SMS correspondences with opposing counsel and city regarding insurance for 500 Ocean Lease 0.70 DNT Review issues associated with advertising for annexation ordinance. 0.30 SHB Quarterly training at City Hall re: sexual harassment matters. Review and approve bid documents. Follow up re: sober living ordinance matters. 5.00 10/22/2018 IS Conference with CM and Delray Beach attorney and Asst. CM at Delray Beach City Hall re: PBA Noise Matter 2.90 DNT Review request for easement at 125 E. Boynton Beach Blvd.; telephone call with Gary Dunmyer re: easement at 125 E. Boynton Beach Blvd. 0.50 JAC On site office administrator; conference with Commissioner re pending ordinance; review assignments; conference with LL re pending issues. 7.80 KLE Review documents re: Design Build Documents; Question; follow-up, research, e-mail to Shana. 1.10 SHB Meeting at City Hall re: code matters, group homes ordinance, and reasonable accommodation matters. Review various case law and discuss with JAC. 5.00 10/23/2018 SMS correspondences regarding insurance provisions in 500 ocean lease with city and opposing counsel 0.30 Page 423 of 697 Page: 4 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 22493 General Matters HOURS JAC Follow up with LL re traffic stop IA and 119 requested related to same; review pending ACA assignments; agenda preparation re noise ord; follow up re board member advocacy. 2.30 DNT Dictate and revise easement for 125 E Boynton Beach Blvd. 0.40 SHB Follow up re: scrutinized company agenda item. Follow up re: agreement or use of parking lot. Follow up re: reasonable accommodation matters. 2.00 10/24/2018 SMS call with insurance specialist at gehring group 0.20 JAC Agenda review and prep; review tort defense case status and TD/RA assignments. 1.60 DNT Review Bob Brown fence issue; telephone call with Bob Brown re: fence issue; telephone call with Ed Breese re: fence issue. 0.80 SHB Various correspondence with City staff re: reasonable accommodation matters. Correspondence to Jeffrey Lynne re: reasonable accommodation request. Follow up with Code re: foreclosure lien matters. Follow up re: Joseph Simon lien release matters. Follow up re: inquiry into Permit Number 18-34 45 HARMAN HOUSE. Follow up with Triestman re: design-build continuing contract matters. Prepare Hold Harmless form for Fire Rescue. 3.00 10/25/2018 JAC Call with JO re Johnson and records issue; misc review pending mail/emails and assignments; follow up re employee pension amendment issue and email Bonnit Jensen re same and legal opinion; agenda and document review. 4.30 DNT Dictate and revise non exclusive access easement for property located at 125 E Boynton Beach Blvd. 0.80 10/26/2018 JAC Agenda review and preparation. 2.50 10/29/2018 JAC Agenda prep; review for Commission meeting; review pending litigation case status with attys and pleading review; review HUD settlement status; prep re vacancy and process for Commission; review forfeitures with BS. 4.80 10/30/2018 IS Research and review ability of City to collect outstanding fee for fire/rescue EMS transport- Draft letter to patient who sent debt validation request- send same to JAC for review prior to sending to requestor-send to requestor 1.60 JAC Agenda and supporting documents review; calls re special meeting; call with Kimco attorney re annexation agreement. 3.30 DNT Telephone call with Mike Rumpf and Katie Hatcher re: revisions to wireless facility ordinance; review proposals form wireless communication facility attorneys related to height and setbacks. 0.90 10/31/2018 JAC Onsite review of pending assignment; review QPODD annual issue with CG and prep re proxies; attend special commission meeting. 5.80 DNT Review easement for overlook from Boynton Village CDD; telephone call with Mike Pawelczyk re: easement from Boynton Village; telephone call with Wally Majors re: easement from Boynton Village CDD; review revisions to wireless ordinance. 1.20 FOR CURRENT SERVICES RENDERED 147.30 17,500.00 Page 424 of 697 Page: 5 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9001821 STATEMENT NO: 22493 General Matters TOTAL CURRENT WORK 17,500.00 BALANCE DUE $17,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 425 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9304150 Boynton Beach FL 33425 STATEMENT NO: 22494 Attn: Lynn Swanson Bankruptcy HOURS 10/18/2018 KLE Review documents, e-mail from and to Lynn re: Utility Accounts Ka Hock Go - Bankruptcy. 0.30 10/19/2018 KLE E-mails from and to Lynn re: Robert V. Devore_PACER Search for bankruptcy filing. 0.50 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 426 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9904950 Boynton Beach FL 33425 STATEMENT NO: 22495 Attn: Lynn Swanson Litigation Miscellaneous HOURS 10/02/2018 BJS Obtain Ex Parte Probable Cause Order re: Forfeiture/Rahming 1.00 10/03/2018 RAA Telephone conference call with City staff re: update on ADA claimant; Receive/review correspondence re: same; Review justice department guidance re:website accessibility. 0.70 10/04/2018 BJS Telephone call with Scott Harris and follow up re: Forfeitures 0.40 10/05/2018 RAA Confer with Attorney DeCarlo to discuss pending litigation and strategy; Confer with Attorney Klahr to discuss ADA website accessibility requirements. 1.30 10/08/2018 BJS Review Legros forfeiture, review reports, legal research, and draft legal portion to Cheif;s update memorandum, telephone call with Scott Harris, review correspondence re: return of property re: $1,440 and telephone call with Shaun Rosenberg, review correspondence from Scott Harris 1.80 10/09/2018 BJS Telephone call with Shaun Rosenberg re: Timothy Jones/return of property 0.30 10/10/2018 BJS Telephone call with Scott Harris re: Pending Matters, follow up re: Timothy Jones and Vincent Elroy 0.60 RAA Telephone conference call with City staff re: website accessibility follow-up; Review and analyze statutes and regulations re: financial statements on City's website; Confer with Attorney Cherof re: same. 1.60 10/15/2018 BJS Review and follow up on pending forfeitures, telephone call with Scott Harris re: Pending Matters, follow up re: 1102 N. Federal Highway 1.30 TAD Receipt and review of correspondence re: settlement of claim and issues. Receipt of correspondence from adjuster and City re: same. 0.30 10/16/2018 BJS Review correspondence re: Return of Property, review docket, and draft follow up correspondence re: Simon, draft and revise Motion for Probable Cause re: Legros, review and draft follow up correspondence re: Cleef Castor/Return of Property 2.00 10/17/2018 BJS Review and submit Ex-Parte Motion for Probable Cause, review correspondence re: transmittal of new forfeitures, follow up re: correspondence re: Return of Property 0.80 Page 427 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 22495 Litigation Miscellaneous HOURS RAA Research other pending district court litigation re: website accessibility against other government entities; Review websites for other government entities for comparison. 1.30 10/18/2018 BJS Legal Research re: Forfeitures, transmit 10 day Order re: Legros, review and follow up re: Return of Property, begin Motions for Probable Cause 2.50 RAA Meeting with IT staff re: update on website accessibility planning; Telephone call staff with Florida Dept. of Revenue re: question on budget documents. 0.60 10/19/2018 BJS Draft memorandums re: Forfeitures/Rump/Bell/Graham, with additional legal research 1.40 10/22/2018 BJS Telephone call with Scott Harris, review and revise draft forfeiture memorandums with legal research 1.00 10/23/2018 TAD Review claim information and prepare outline for meeting with City. 2.70 10/24/2018 BJS Review Motion to Return Property re: Firearms with review of docket, review and follow up re: pending forfeitures, review and follow up re: Request for Adversarial Preliminary hearing 1.20 TAD Attend meeting with city re: claims status and new claims. Confer with staff re: documents for discovery and claims. 4.60 10/25/2018 JAC Review new forfeiture cases with BS and evaluate cost benefit issues. 0.80 BJS Draft Motions for Probable Cause and attend hearing at the Palm Beach County Courthouse re: Bell, Rump, telephone call with Chief Gregory, follow up on request for APH, and legal research re: forfeitures 5.00 10/29/2018 BJS Telephone call with Jack Fleischmann, telephone call with Clerk of Courts, draft memorandum re: Forfeiture/Quad, follow up on Motions to Return Property, draft correspondence re: Probable Cause Orders 2.00 10/30/2018 BJS Telephone call with Scott Harris, follow up re: APH 0.40 FOR CURRENT SERVICES RENDERED 35.60 7,298.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $205.00 $164.00 RYAN A.ABRAMS 5.50 205.00 1,127.50 BRIAN J. SHERMAN 21.70 205.00 4,448.50 TRACEY A. DECARLO 7.60 205.00 1,558.00 Photocopies 96.25 TOTAL EXPENSES THRU 10/31/2018 96.25 Page 428 of 697 Page: 3 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9904950 STATEMENT NO: 22495 Litigation Miscellaneous 09/05/2018 Compass Investigations- Invoice 2018007964 50.00 50.00 10/25/2018 Parking - BJS 3.00 Parking - 3.00 10/23/2018 Federal Express- Invoice 6-346-15941 20.54 20.54 TOTAL ADVANCES THRU 10/31/2018 73.54 TOTAL CURRENT WORK 7,467.79 BALANCE DUE $7,467.79 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 429 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905024 Boynton Beach FL 33425 STATEMENT NO: 22496 Attn: Lynn Swanson adv. Boynton Lakes North Community Association, Inc. (Bryant, James) 3 Erwood Place, Boynton Beach FL HOURS 10/02/2018 TAD Receipt and review of correspondence re: deposition of City Risk Manager. Prepare response to same. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 430 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905206 Boynton Beach FL 33425 STATEMENT NO: 22497 Attn: Lynn Swanson adv. Secured Holdings, Inc. HOURS 10/05/2018 JAC Review status of case and options; call to LL. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 431 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905247 Boynton Beach FL 33425 STATEMENT NO: 22498 Attn: Lynn Swanson Purchase of Tropical Breeze Estates Utility System HOURS 10/01/2018 DNT Finalize documents for asset purchase agreement. 0.80 10/05/2018 DNT Coordinate final documents for execution. 0.50 10/30/2018 DNT Dictate exhibit to Asset Purchase Agreement. 0.80 10/31/2018 DNT Dictate email transmitting exhibit B to asset purchase agreement. 0.30 FOR CURRENT SERVICES RENDERED 2.40 492.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DAVID N. TOLCES 2.40 $205.00 $492.00 TOTAL CURRENT WORK 492.00 BALANCE DUE $492.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 432 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905263 Boynton Beach FL 33425 STATEMENT NO: 22499 Attn: Lynn Swanson Town Square Development HOURS 10/02/2018 SMS review of all town square contracts for art program regarding selection process of public arts program 3.30 DJD Review e-mails; review file re: status of release of reservations. 0.40 10/03/2018 DJD Address issue of revised legal description on abandonment of road R/W. 1.30 10/08/2018 RLL Review multiple closing binders from Bond Counsel and follow up on missing documents. 1.00 DJD Telephone call with Colin Goff re: Vacation of R/W. 0.30 10/09/2018 RLL Further work to organize documents into closing binders. 1.30 10/10/2018 RLL Work to address issues and questions regarding re-platting of property; review proposed plat; order updated title work on plat; contact attorney for JKM to request certifications as to two recently acquired parcels. 1.00 10/11/2018 RLL Further work to organize closing binder of documents; follow up with Bond counsel on certain signed documents; review revisions to dedications on new plat of property; follow up with counsel for JKM for certifications of title; review updated title search report on property to be replatted and request revisions to same; review revised updated title search report. 1.30 10/12/2018 RLL Work with Marcus Ploeger to obtain fully executed copies of Consent to Assignment of Phase 2 and Certificate of Phase 1 Agreements. 0.40 DJD Address platting issues. 0.50 10/16/2018 RLL Telephone conference call with city officials to discuss concerns with garage on northern parcel and affect on new plat of property. 0.50 DJD Review e-mails; re: Plat dedication language; telephone call with City Manager and Staff. 0.80 10/18/2018 DJD Address status of Plat dedication language. 0.70 10/19/2018 SMS drafting of easements for JKM parcels; revise easements to incorporate JKM's provisions 4.20 RLL Meet with DJD to discuss need for temporary easements on parcels 2, 3 and 7; advise counsel for JKM regarding easements. 0.30 DJD Address status of Plat; review e-mails. 0.50 Page 433 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905263 STATEMENT NO: 22499 Town Square Development HOURS 10/23/2018 RLL Confirm with client the recording of new plat. 0.20 10/24/2018 SMS drafting the easements with revisions based on emails sent by City and opposing counsel 1.90 10/25/2018 RLL Review legal descriptions on last received surveys for parcels 2, 3 and 7 and compare current legal descriptions on temporary construction easements on these parcels; telephone call to surveyor to request updated surveys. 0.60 SMS review of correspondences with CFP regarding easements; drafting easements 0.80 10/26/2018 SMS revisions to the easements based on CFP suggestions 1.90 10/29/2018 SMS review of redline changes to easements from CFP 0.40 10/30/2018 SMS updating JKM easements with insurance minimums for CFP review; call to department of revenue and review of statute regarding payment of doc stamps; review of regulation; updating easements with language from CFP regarding insurance provisions 2.00 FOR CURRENT SERVICES RENDERED 25.60 4,720.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 4.50 $205.00 $922.50 SEAN M. SWARTZ 14.50 205.00 2,972.50 RACHEL L LEACH 6.60 125.00 825.00 Photocopies 77.70 TOTAL EXPENSES THRU 10/31/2018 77.70 TOTAL CURRENT WORK 4,797.70 BALANCE DUE $4,797.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 434 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905275 Boynton Beach FL 33425 STATEMENT NO: 22500 Attn: Lynn Swanson adv. Predelus, Love (HUD Complaint) HOURS 10/11/2018 SHB Receive and review revised settlement agreement from HUD; transmit to Laverriere, Rumpf, and Kittendorf for review. 0.70 10/18/2018 SHB Follow up with City Manager re: settlement agreement. 0.30 10/24/2018 SHB Review various correspondence re: settlement agreement. Revise agreement and transmit to Lenson for review. Transmit copy of agreement to City staff. 0.80 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.80 $205.00 $369.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 435 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905327 Boynton Beach FL 33425 STATEMENT NO: 22501 Attn: Lynn Swanson Melo, Vinicius (Grievance) HOURS 10/02/2018 SHB Arbitration prep. 2.00 10/03/2018 SHB Arbitration prep. Meeting with Nicole Loshelder at City Hall. 2.00 10/04/2018 SHB Arbitration prep. 5.00 10/05/2018 SHB Arbitration prep. 3.60 10/09/2018 SHB Arbitration at City Hall. 10.00 10/10/2018 SHB Arbitration at City Hall. 9.00 FOR CURRENT SERVICES RENDERED 31.60 6,478.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 31.60 $205.00 $6,478.00 TOTAL CURRENT WORK 6,478.00 BALANCE DUE $6,478.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 436 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905344 Boynton Beach FL 33425 STATEMENT NO: 22502 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) HOURS 10/01/2018 TAD Receipt and review of documents from City re: claim and response to same. 0.20 10/19/2018 TAD Receipt and review of claim information and correspondence from adjuster re: same. Receipt of correspondence from City re: claim information. 0.30 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 437 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905348 Boynton Beach FL 33425 STATEMENT NO: 22503 Attn: Lynn Swanson Sale to JKM BTS North, LLC HOURS 10/02/2018 RLL Review email from John Markey regarding release of road reservation and meet with JAC regarding same; telephone call to counsel for JKM to discuss application needed for City's signature to release road reservation; work to coordinate City Manager's signature on application. 1.00 JAC Review abandonment and legal description; review status of closing and related issues. 1.00 10/03/2018 RLL Attend conference call with JAC and client to discuss difference in legal description contained in ordinance and legal description to be used in re-platting process; review revised legal description for third reading of ordinance; request copy of survey from client. 0.50 JAC Calls and discussion and research re abandonment and legal description. 2.00 10/04/2018 RLL Prepare transmittal to counsel for JKM of signed application for road reservation release. 0.30 JAC Review documents related to plat and closing issue. 0.80 10/08/2018 JAC Follow up and review status transaction and agreement. 0.80 10/09/2018 RLL Provide information to counsel for JKM regarding portion of NE 1st Avenue to be abandoned. 0.20 JAC Preparation re abandonment and plat issues related to closing; conference with RL and DJD re agenda issues and timing; review related documents. 1.20 DJD Address revised legal description and prepare for Closing. 0.60 10/10/2018 RLL Research tax folio number for property; work to prepare seller conveyance documents. 1.50 JAC Follow up re plat/abandonment and related issues to closing. 0.80 DJD Prepare Seller documents; address plat certification. 1.40 10/11/2018 DJD Prepare for Closing; address plat related issues. 1.70 10/12/2018 RLL Review seller documents with DJD and make revisions; provide documents to buyer's counsel for approval. 0.40 DJD Review dedication language on Town Square Plat. 0.50 JAC Continue plat/abandonment discussion and coordination. 0.70 10/15/2018 DJD Address outstanding issues with dedication language on Plat. 0.40 Page 438 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905348 STATEMENT NO: 22503 Sale to JKM BTS North, LLC HOURS 10/16/2018 RLL Research terms in parking license agreement as to City's use of facilities; confirm conditions for closing date to occur. 0.50 DJD Address Plat dedication; exchange of e-mails with Counsel for JKM. 1.30 10/18/2018 DJD Telephone call with City Manager and Assistant City Manager; review e-mail from Colin Groff, prepare for closing. 1.50 10/19/2018 DJD Prepare for Closing; address issues of easement. 1.30 10/22/2018 JAC Review plat and title opinion; sign off on plat; discuss parking issue with CG and follow up document research. 1.20 DJD Address issue of plat and easement of all properties owned by JKM. 1.30 10/23/2018 DJD Prepare for Closing; review Company Construction Agreements. 1.50 10/24/2018 RLL Contact buyer's counsel for updated title commitment and updated legal description due to recording of new plat; work to revise and finalize seller documents. 0.80 DJD Address status of Cross Access Easement and plat; continuing effort to prepare Seller documents. 1.80 10/25/2018 DJD Receipt of comments from counsel for CFP to Easement; revise Easement. 1.50 10/26/2018 DJD Address status of Closing; exchange of e-mails. 0.80 10/29/2018 DJD Address status of easements and closing. 1.10 FOR CURRENT SERVICES RENDERED 30.40 5,816.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 8.50 $205.00 $1,742.50 D.J. DOODY 16.70 205.00 3,423.50 RACHEL L LEACH 5.20 125.00 650.00 Photocopies 24.50 TOTAL EXPENSES THRU 10/31/2018 24.50 TOTAL CURRENT WORK 5,840.50 BALANCE DUE $5,840.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 439 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905351 Boynton Beach FL 33425 STATEMENT NO: 22504 Attn: Lynn Swanson adv. Bank of America (Fowler, Rita R., et., al.) HOURS 10/08/2018 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 440 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905352 Boynton Beach FL 33425 STATEMENT NO: 22505 Attn: Lynn Swanson adv. Bank of America, NA (Brown, Howard I. et al) HOURS 10/08/2018 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 441 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905354 Boynton Beach FL 33425 STATEMENT NO: 22506 Attn: Lynn Swanson adv. Melo,Vinicius (Labor/Arbitration) HOURS 10/03/2018 JAC Review status wit SB and file review. 0.70 10/05/2018 CLD Began preparing attorney for Arbitration; document preparation; assembled binders. 3.20 10/08/2018 CLD Continued preparation for Arbitration hearings; completion of binders and document assembly. 2.50 FOR CURRENT SERVICES RENDERED 6.40 856.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.70 $205.00 $143.50 CYNTHIA L. DUNN 5.70 125.00 712.50 Color photocopies 218.75 Photocopies 210.35 TOTAL EXPENSES THRU 10/31/2018 429.10 TOTAL CURRENT WORK 1,285.10 BALANCE DUE $1,285.10 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 442 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905356 Boynton Beach FL 33425 STATEMENT NO: 22507 Attn: Lynn Swanson Loan to Dougherty Funding, LLC (High School) HOURS 10/03/2018 JAC Review and preparation; conference with DJD. 1.00 10/04/2018 DJD Review loan document; telephone call with counsel for lender. 1.50 10/10/2018 JAC Review loan status and documents; call to staff; review venue/controlling law issue with DJD and public policy issue. 0.70 10/11/2018 JAC Review loan status and documents for closing; discuss with DJD. 2.70 DJD Continued review of loan documents; telephone call with Tim Howard. 1.40 10/12/2018 JAC Document and process review and discussion with DJD; call to LL re same; follow up on review of consolidated TSquare tie in, process and enforcement. 1.80 10/16/2018 DJD Initial review of revised loan documents. 0.70 10/22/2018 JAC Review status of opinion letter and related loan transaction documents. 1.20 DJD Process Closing. 0.70 10/23/2018 JAC Review loan status and documents for closing; discuss with DJD. 0.50 DJD Review outstanding issues to close. 1.00 10/24/2018 DJD Prepare Opinion Letter. 1.30 10/25/2018 DJD Continuing efforts to Close Loan. 1.00 JAC Continue review of documents and comments. 0.80 10/26/2018 DJD Prepare for Closing; revise opinion letter. 1.30 10/29/2018 DJD Address issue of doc stamps on Note; revise opinion letter. 1.30 10/30/2018 RLL Meet with DJD to discuss issue of payment of documentary stamp tax on promissory note; telephone call with Department of Revenue to confirm City's exemption to pay documentary stamps on note. 0.50 JAC Continue document and closing issue review. 0.70 DJD Address documentary tax issues; review e-mails from Tim Howard and Dougherty. 1.60 Page 443 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905356 STATEMENT NO: 22507 Loan to Dougherty Funding, LLC (High School) HOURS FOR CURRENT SERVICES RENDERED 21.70 4,408.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 9.40 $205.00 $1,927.00 D.J. DOODY 11.80 205.00 2,419.00 RACHEL L LEACH 0.50 125.00 62.50 Photocopies 19.25 TOTAL EXPENSES THRU 10/31/2018 19.25 TOTAL CURRENT WORK 4,427.75 BALANCE DUE $4,427.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 444 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905357 Boynton Beach FL 33425 STATEMENT NO: 22508 Attn: Lynn Swanson adv. Cain, Courtney (Labor) HOURS 10/05/2018 SHB Receive and review Notice of Claim. 0.30 10/23/2018 SHB Receive and review response to claim; follow up with Oldbury. Telephone conference with Oldbury. 1.50 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 1.80 $205.00 $369.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 445 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905358 Boynton Beach FL 33425 STATEMENT NO: 22509 Attn: Lynn Swanson adv. Deutsche Bank National Trust Co., et., al. (Jones, Donnie, et., al.) HOURS 10/17/2018 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 446 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905359 Boynton Beach FL 33425 STATEMENT NO: 22510 Attn: Lynn Swanson adv. HSBC Bank USA, N.A. (Estime, Ludny, et., al.) HOURS 10/17/2018 SHB Prepare and file Answer to Complaint. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $205.00 $82.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 447 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905364 Boynton Beach FL 33425 STATEMENT NO: 22511 Attn: Lynn Swanson adv. Rahming, Tony (Forfeiture -$10,910.00) HOURS 10/31/2018 BJS Draft Petition for forfeiture with review of applicable law and reports, draft update correspondence to the City re: required witnesses 1.20 FOR CURRENT SERVICES RENDERED 1.20 246.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 1.20 $205.00 $246.00 10/31/2018 Clerk of the Court- E-Filing -80189615 1,016.00 1,016.00 TOTAL ADVANCES THRU 10/31/2018 1,016.00 TOTAL CURRENT WORK 1,262.00 BALANCE DUE $1,262.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 448 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905365 Boynton Beach FL 33425 STATEMENT NO: 22512 Attn: Lynn Swanson adv. Bell, Jamar(Forfeiture - '16 Mercedes Benz) HOURS 10/31/2018 BJS Legal Research and follow up re: Request for Adversarial Preliminary Hearing, draft Order setting hearing 1.00 FOR CURRENT SERVICES RENDERED 1.00 205.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J. SHERMAN 1.00 $205.00 $205.00 10/31/2018 Clerk of the Court- E-Filing -80054455 406.00 406.00 TOTAL ADVANCES THRU 10/31/2018 406.00 TOTAL CURRENT WORK 611.00 BALANCE DUE $611.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 449 of 697 Goren, Cherof, Doody& Ezrol, P.A. -October 2018 Risk Cases Jean-Baptist, Kevens 1,436.40 Kimsey, Erin (MVA) 0.00 Ford, Sharron(Negligence arrest) 0.00 Andrews, Spencer, v Haugh, Vincent (BBPD Emp) 0.00 Mina, German (Slip & Fall) 0.00 Gregory, Mola (Slip & Fall) 8,350.15 Oldham, Dana (fall) 0.00 Robinson, Bennie(False Arrest) 87.50 Galindez, Dennis(Slip& Fall) 49,488.96 Caliskan, Hasan(MVA) 0.00 Jenkins, Gail & Leon(Demolition) 0.00 Venegas,Jesusa 3,598.60 Blutcher, Pamela (MVA) 369.00 Baker, Carol (Personal injury) 102.50 Finz, Stephanie(Slip & Fall) 0.00 Basinkski,Tricia (MVA garbage truck) 41.00 Broberg, Leif Complaint(2015) 758.50 Estime, Robens (Police Deadly Force) 266.50 Robling, Aaron (Police) 3,293.80 Benitex, Antonio (Park injuries) 102.50 Coupet, Kenson (parent of child injured) 266.50 Bolt, Barbara Dilger(MVA) 533.00 Ryan, Rona Id(whistleblower) 3,040.30 Readon,Jayden, Estate of(police chase) 594.50 Garber M.D., Harvey(excessive force) 4,825.70 Novick,James (MVA Public Works) 328.00 Cameron, Donald (MVA) 41.00 Luchey, Andrew (Demolition) 0.00 Pinkney, Elliott (Excessive force) 215.00 Samad, Raheel, a minor(park injury) 61.50 Floering, David & Barbara 123.00 Russel Hugh Cooper 2,581.00 Wright, Bernard (Discrimination) 0.00 Harris, Elisha (Fallen Tree Property Damage) 0.00 Cromarty, Corina (Ambulance accident) 430.50 Gil,Juan Carolos (Request for Accom) 1,149.40 Cain, Courtney 123.00 Huffman, Noele (Personal injury) 164.00 TOTAL Goren,Cherof Risk Legal Costs 82,371.81 Page 450 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905022 Boynton Beach FL 33425 STATEMENT NO: 22732 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470-000352-PP-01 HOURS 10/03/2018 RAA Telephone conference call with officers' counsel re: retaining expert witness. 0.20 10/04/2018 RAA Telephone conference call with officers' counsel re: retaining experts; Confer with Attorney DeCarlo re: same. 0.40 10/05/2018 RAA Draft correspondence to Risk Manager re: police practices expert. 0.60 10/08/2018 RAA Correspondence with opposing counsel re: expert witness retention. 0.20 10/11/2018 TAD Receipt and review of correspondence re: expert and confer with RAA re: same. 0.30 10/26/2018 RAA Begin review of voluminous records re: administrative investigation of incident that is subject of plaintiffs case; Review records request from officer's counsel and prepare responsive documents. 4.00 10/29/2018 RAA Draft letter to officer's counsel re: requested documents. 0.20 TAD Telephone conference with outside counsel re: City records. Receipt of correspondence re: same. Prepare response re: information from City. 0.40 10/30/2018 TAD Telephone conference with outside counsel re: fact discovery and prepare correspondence re: same. Receipt of request for admissions to plaintiff. 0.50 10/31/2018 TAD Confer with RAA re: deposition issues and discovery. 0.20 FOR CURRENT SERVICES RENDERED 7.00 1,435.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 5.60 $205.00 $1,148.00 TRACEY A. DECARLO 1.40 205.00 287.00 Page 451 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905022 STATEMENT NO: 22732 adv. Jean-Baptiste, Kevens Photocopies 1.40 TOTAL EXPENSES THRU 10/31/2018 1.40 TOTAL CURRENT WORK 1,436.40 BALANCE DUE $1,436.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 452 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905066 Boynton Beach FL 33425 STATEMENT NO: 22733 Attn: Lynn Swanson adv. Gregory, Mola (slip&fall) Billing Category: 18-RLO Claim#001470-000341-GB-01 HOURS 10/01/2018 TAD Receipt and review of correspondence re: deposition. Prepare renotice of deposition. Prepare correspondence to plaintiff counsel re: same. 0.30 10/02/2018 IR Reviewed letter dated 9.19.18 that included Internal Revenue Service [IRS] 2014 1040 tax return summary received, relevant to Mola Gregory's income; preparation of memoranda pertaining to 2011, 2012, 2013 and 2015; organized other income related documents received through subpoenas duces tecum and put in trial exhibits file folders; review of Judge Small's online trial docket that lists this matter under current trial docket from October 15, 2018 through November 9, 2018. 1.70 10/05/2018 TAD Telephone conference with plaintiff counsel re: trial setting. 0.20 10/08/2018 TAD Prepare for hearing on motion to continue. Prepare proposed order. Telephone conference with Plaintiff re: hearing. 0.50 10/10/2018 TAD Attend hearing on motion to continue. Prepare order on same. Prepare correspondence to Plaintiff re: order. 3.40 10/11/2018 TAD Prepare correspondence to court re: order and receipt of signed order. Receipt of correspondence from plaintiff re: order. 0.30 10/22/2018 TAD Receipt and review of cross notice of deposition and subpoena duces tecum re: LeStrange deposition. Review plaintiffs trial exhibit list. Review courts standing order re: trial and confer with IVR re: motion to compel and objections to exhibits. 2.20 10/23/2018 IR Online searches and review of Judge Lisa S. Small's Standing Order on Trial and Trial Preparation Procedures, entered by the Court on February 11, 2015, that include procedures supplemented by Her Honor's that pertain to trial preferences, outside of the Court's Order Resetting Jury Trial and Directing Pretrial and Mediation Procedures, entered March 7, 2018; initial draft of trial order outline, with deadlines that again rolled to November 12, 2018 through December 7, 2018. 4.20 Page 453 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 22733 adv. Gregory, Mola (slip&fall) HOURS 10/24/2018 IR Reviewed 4th Re-set of jury trial and list of all previously scheduled jury trial dates; extensive review of Judge Lisa S. Small's trial preferences and retrieved particular pleadings to prepare and updated Main Trial Notebook index. 5.90 10/25/2018 IR Trial preparation by reviewing and re-revising Trial Order Outline for November 1, 2018 through December 7, 2018 trial docket, which included the Court's Trial Procedures entered on February 11, 2015 with very specific details relating to trial objections, etc. 6.20 10/26/2018 TAD Telephone conference with Plaintiff counsel re: trial and discovery issues. Review exhibits from plaintiff re: trial. Telephone conference 2nd with plaintiff counsel re: expert. Review information from plaintiff and on line re: expert witness and history for deposition and trial. 3.60 10/29/2018 IR Continued to make revisions to Trial Notebook and list operative pleadings, discovery responses and other trial related documents; conference with law clerk to rearrange the City of Boynton Beach's trial exhibits in the order it was listed in its latest disclosure, dated July 9, 2018; other trial preparation. 5.10 TAD Receipt and review of correspondence from plaintiff re: trial issues. Confer with IVR re exhibits and pre-trial submissions. Begin review of deposition testimony re: trial. 2.40 10/30/2018 IR Online searches of Judge Lisa S. Small's Trial Docket, to check if the last 2018 trial docket had been noticed yet [due on 11.2.18]; continuation of draft correspondence to opposing counsel, regarding various issues with untimely trial disclosures, including expert witness information not provided in accordance with Judge Small's Order Resetting Jury Trial and Directing Pretrial and Mediation Procedures, with new deadline cut off dates; revisions to Main Trial Notebook, to substitute new court filings and remove and/or rearrangement discovery responses to three Requests for Production, and Plaintiffs responses thereto; extensive review of pleadings index, to retrieve dates that coordinate with court orders and other trial information needed in advance of Friday's e-calendar call; initial list of objections to Plaintiffs discovery, also to be filed in advance of e-calendar call on Friday, November 2, 2018. 7.30 TAD Continue review of witness testimony re: trial issues and examination. Review plaintiffs discovery responses re: exhibits for trial. 1.30 10/31/2018 TAD Confer with IVR re: trial exhibits and issues. Telephone conference with plaintiff re: deposition of expert. Confer with JA re: hearing. Draft correspondence re: hearing. Prepare notice of hearing. Confer with Plaintiff counsel re: hearing. Confer with reporter re: LeStrange deposition. Prepare correspondence to court re: hearing. Prepare correspondence to City and adjuster re: trial setting and issues with completion of discovery and status conference. Receipt of correspondence re: CNA and confer with court reporter re: same. Receipt of CNA. Prepare additional correspondence to plaintiff counsel re: hearing. Receipt and review of deposition of Tordilla re: trial. Outline same. 4.20 IR Extended trial conference with TAD to review trial preparation matters, proposed correspondence to Plaintiffs counsel, etc; sat in on two telephone Page 454 of 697 Page: 3 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905066 STATEMENT NO: 22733 adv. Gregory, Mola (slip&fall) HOURS conferences between counsel of record regarding Plaintiffs medical expert witness expected to testify at trial and issues related to the taking of his deposition; continuation to review and update the City of Boynton Beach's trial witness disclosures, to add pertinent documents to each respective witnesses' file; extensive review of Nile Lestrange, M.D. litigation involvement in all Florida jurisdictions, Florida medical license check and other online searches, in advance of deposition and expected trial testimony. 4.80 FOR CURRENT SERVICES RENDERED 53.60 8,172.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 35.20 $125.00 $4,400.00 TRACEY A. DECARLO 18.40 205.00 3,772.00 Photocopies 178.15 TOTAL EXPENSES THRU 10/31/2018 178.15 TOTAL CURRENT WORK 8,350.15 BALANCE DUE $8,350.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 455 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905073 Boynton Beach FL 33425 STATEMENT NO: 22734 Attn: Lynn Swanson adv. Robinson, Bennie (false arrest) Billing Category 18-RLO Claim#001470-000336-GB-01 HOURS 10/08/2018 IR Review of tickler, checked online docket and our internal pleadings; prepared email to litigation team that the period of time to appeal Judge Marra's Final Judgment [accepting the jury's verdict] entered on September 7, 2018 had run and that the file may now be officially closed, as no additional legal issues were pending. 0.70 FOR CURRENT SERVICES RENDERED 0.70 87.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.70 $125.00 $87.50 TOTAL CURRENT WORK 87.50 BALANCE DUE $87.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 456 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905083 Boynton Beach FL 33425 STATEMENT NO: 22735 Attn: Lynn Swanson adv. Galindez, Dennis (slip&fall) Billing Category: 18-RLO Claim#001470-000330-GB-01 HOURS 10/01/2018 TAD Receipt and review of correspondence re: meeting and prepare response to same. 0.30 10/02/2018 IR Conferences with TAD regarding court and filings received this morning, in advance of jury trial, which is currently on the Court's docket commencing October 22, 2018; extensive review of all discovery filed by all parties in this litigation and tagged with cross-referenced notations with any of the parties' trial exhibits; online review of the Court information, in an effort to obtain audio-visual and media requests; listed dates to start to update all of the trial boxes and notebooks accordingly. 3.10 TAD Receipt and review of correspondence re: settlement. Prepare response to same. Review deposition of plaintiff Dennis Galindez for trial cross. Review deposition of Plaintiff Marla Galindez for trial cross. 3.80 10/03/2018 RAA Telephone conference call with opposing counsel re: motion for extension of pretrial deadline; Draft joint motion for continuance of pretrial deadline and confer with attorney DeCarlo re: same; Correspondences with opposing counsel re: same; Begin reviewing pleadings in preparation for trial; Receive/review notice of hearing on motion for extension of pretrial deadline. 1.80 JAC Post meeting calls, emails and preparation re settlement rejection and trail preparation. 2.50 10/04/2018 RAA Review deposition transcripts and pleadings re: continued trial preparation; Research case law re: City's immunity defense; Confer with Attorneys Cherof and DeCarlo re: trial strategy. 4.50 TAD Revise opening statement. Receipt of correspondence from Plaintiff re: motion. Receipt of motion for extension of deadlines. Attend hearing on motion. Revise trial subpoenas and prepare correspondence re: same. Review witness folders re: trial. Receipt of correspondence (several) from plaintiff re: commission decision. Review video re: meeting and prepare response to same. 5.90 10/05/2018 RAA Review and analyze case law and rules of civil procedure re: waiver of Page 457 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) HOURS discovery objections; Telephone conference call with opposing counsel re: failure to respond to discovery requests; Follow up correspondences with opposing counsel re: same; Draft Motion to Compel. 2.40 IR finalized trial subpoenas to our trial witnesses and email to litigation team to be picked up by our process servers; continuation of trial preparation, in advance of Judge Jaimie Goodman's Special Set trial date of October 22, 2018; initial preparations to update the pleadings and other court filings into several trial notebooks [main notebook and the jury instructions/ substantive with legal research trial notebook]; 3.30 TAD Receipt and review of correspondence from Kelly re: meeting and prepare response to same. Receipt of correspondence re: deposition transcripts. Confer with RAA re: trial preparation. Confer with IVR re: trial preparation. Receipt of correspondence from former employee re: trial and prepare response to same. Receipt of correspondence from Sukienk and prepare motion to determine reasonableness of fee. Prepare notice of hearing on same. Review documents from Sukienk re: fees. Review exhibit folders re: trial issues and exhibits for marking. 5.30 10/06/2018 RAA Begin review and analysis of deposition transcript for fact witness and draft deposition summary. 2.80 10/08/2018 RAA Review and analyze draft proposed Jury Instructions; Review and analyze case law re: direct negligence and passive negligence; Finish deposition summary for fact witness (former maintenance worker) and prepare for cross examination of witness; Draft cross examination outline and include exhibits; Confer with Attorney DeCarlo re: pending trial preparation matters and strategy; Receive/review plaintiffs responses to interrogatories subject to motion to compel and confer with Attorney DeCarlo re: same; Begin review of Motion in Limine hearing transcript. 6.30 TAD Prepare correspondence to Sukienk re: motion and hearing. Confer with RAA and IVR re: trial preparation. Continue review of exhibits re: trial. Prepare exhibits for the cross of plaintiff. Receipt of plaintiffs answers to interrogatories. Review statute. Confer with RAA re: motion to compel. Receipt of correspondence re: meeting and prepare response to same. 5.80 IR Trial preparation, including preparation for Pretrial Conference before Judge Jaimie Goodman on Friday October 19, 2018 at 2:OOpm to review trial issues, in advance of special set trial of October 22, 2018; online review of pleadings filed with the Clerk fo the Court; researched Palm Beach Courthouse security to bring our 6-7 trial boxes, demonstrative evidence, easel and large writing board to utilize at jury trial and specifications of when to bring our materials through and to order an attorneys' room throughout the trial period; telephone conferences with ASAP couriers to discuss transporting between 6-8 trial boxes, including demonstrative aids and boards to the attorneys' conference room at the Palm Beach Courthouse; prepared memoranda of same; ordered trial supplies and updated our trial to go box for use during the week of October 22, 2018. 2.20 10/09/2018 RAA Review and analyze deposition transcript and exhibits for fact witness Cinque; Draft cross examination outline and prepare for trial testimony of witness and prepare trial witness folder; Review and analyze deposition transcript and exhibits for another fact witness Lamons and begin drafting summary of deposition; Receive/review deposition designations served by Page 458 of 697 Page: 3 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) HOURS plaintiff for fact witness Lamons; Additional review and analysis case law re: proper negligence standard for use in jury instructions; Prepare amended notice of hearing re: discovery objections served by plaintiff and draft cover letter to judge re: upcoming hearing. 8.00 TAD Prepare correspondence to plaintiff re: trial. Receipt of response to same. Review deposition of Chalal and prepare response to video designations. Prepare correspondence re: same. Revise close and vior dire. Receipt of amended answers to interrogatories. Confer with RAA re: same. Receipt of correspondence from plaintiff re: discovery. 7.30 IR Continuation of trial preparation, in advance of the special set trial set by Honorable Jaimie Goodman; extensive review and preparation of all previous trial orders in this matter [we are currently on the various court orders to set the case for trial seven times and each time, the trial deadlines roll to the next trial setting; reviewed and compared our pleading index with the Palm Beach court docket, to retrieve and list all previous trial disclosures that were filed under each of the seven trial ordered deadlines, during the past nearly 4 years of litigation. 7.20 10/10/2018 RAA Finish review, analysis and summarization of deposition transcript for fact witness Proano; Review exhibits to deposition transcript; Continue review and annotation of transcript from July, 2018 hearing on summary judgment and Motions in Limine. 3.50 TAD Meet with Kevin Ramsey re: trial testimony. Revise direct and prepare correspondence to Ramsey re: same. Receipt of plaintiff notice of designations of Zeller, Reinhold,. Extended telephone conference with counsel for Sukienk. Receipt of correspondence from adjuster re: settlement and prepare response to same. Review direct examination of Wooten and Harris and prepare for pre-trial meeting. 4.60 IR Trial preparation; reviewed Judge Goodman's recent rulings and deadlines to his trial requirements; telephone conference with Maria Vasil, Judge Goodman's Judicial regarding the Court's voir dire preferences, the Pretrial Scheduling Order and Pretrial Conference, currently scheduled for October 19, 2018 at 2:OOpm and other trial-related issues; 6.30 10/11/2018 IR Continued trial preparation; continuation to update and revise the City of Boynton Beach's Main Trial Notebook from the last trial setting; continued to retrieve legal research as cited in substantive motions referenced in our trial notebook cases; online docket searches; 7.10 RAA Prepare for cross examination of fact witness; Review plaintiffs deposition designations for trial and begin drafting cross designations and objections to same; Review and analyze case law re: anticipated objections at trial; Receive/review correspondences from opposing counsel re: additional photograph exhibits for use during trial; Receive/review pretrial report drafted by Plaintiff; Confer with Attorney DeCarlo re:jury instructions. 4.80 TAD Receipt and review of correspondence re: settlement and prepare response to same. Review deposition of Magnanti and prepare objections for Pre Trial conference. Receipt of correspondence from Plaintiff re: Zimmerman review of records and prepare response to same. Attend meeting with Wooten re: trial appearance. Revise direct of Wooten. Meet with Chief Harris re: trial and revise direct. Prepare correspondence to court re: order and receipt or correspondence re: Order. Prepare exhibits for trial re: plaintiff examination. Prepare trial objections and designations for Page 459 of 697 Page: 4 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) HOURS Magnanti. Review closing and revise same. 7.40 10/12/2018 RAA Receive/review plaintiffs amended answers to second set of interrogatories; Review and analyze case law and statutes re: preparation for hearing on motion to compel; Preparation of cross deposition designations and objections for fact witness Lamons; Receive/review plaintiffs proposed jury instructions. 5.70 IR Finalized trial notebook, for use during jury trial over the week of October 22, 2018; conferences with TAD regarding filings with the Court, due today; 5.20 TAD Receipt and review of correspondence re: trial issues from plaintiff counsel. Prepare deposition designations and objections re: Reinhold. Receipt of exhibits from plaintiff regarding medical bills and Second Amended Exhibit List. Prepare for pre-trial meeting with employees re: trial testimony. 3.70 10/13/2018 RAA Review and analysis of case law and statutes re: objections to photograph exhibits proposed by plaintiffs counsel. 1.70 10/14/2018 RAA Review and analyze jury instructions proposed by Plaintiff; Compare with City's proposed jury instructions; Draft edited proposed jury instructions for the City; Review and analyze case law and statutes re: legal matters in disagreement with Plaintiffs jury instructions; Draft memorandum of law to judge explaining difference between respective jury instructions. 6.00 TAD Review depositions of LeBlanc and exhibits re: meeting. Revise Proano objections and designations re: trial. 3.80 10/15/2018 RAA Additional review of and edits to City's proposed jury instructions;Additional review of and edits to memorandum of law in support of jury instructions; Confer with Attorney DeCarlo re: same; Receive/review memorandum of law from plaintiff re: plaintiffs proposed jury instructions; Review and analysis of case law and statutes re: off-setting final judgment with settlement received by plaintiff from co-defendant in preparation for hearing on motion to compel. 5.00 IR Continuation of trial preparation; online search of Supreme Court of Florida, to confirm Plaintiffs proposed jury instructions that the parties were to agree upon, in advance of trial and in compliance with the Court's July 30, 2018 Pre-Trial Scheduling Order [revised dates]; reviewed trial boxes, including supplies for use in trial, potentially over five days and conferences to order trial specifics items needed. 7.10 TAD Receipt and review of correspondence from process server re: service on witnesses. Telephone conferences with plaintiff re:jury instruction disputed instructions. Receipt of plaintiffs revisions to jury instructions and revise again. Prepare disputed instructions for court. Confer with RAA re:jury instructions. Review case law re: instruction issues and review memorandum re: same. Telephone conference with Sukienik counsel re: motion. Review statutes and case law from Sukienik counsel. Prepare correspondence to Mierke and Brode re: trial. Prepare correspondence to Wooten re: trial. 5.80 10/16/2018 IR Updated Trial Exhibits list, for use October 22, 2018 week of trial [for identification purposes and to note exhibits moved into evidence]; continuation of updates to Jury Instructions Trial Notebook; legal research of shepardizing citations and jury instructions. 6.90 Page 460 of 697 Page: 5 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) HOURS RAA Begin drafting Motion for Directed Verdict; Review and analyze case law on naturally occurring conditions on sidewalks; Receive/review special damages chart from plaintiff and joint report from judge's chambers. 4.20 TAD Receipt and review of correspondence from plaintiff re: damages and confer with IVR re: same. Receipt of correspondence to judge re: report. Attend hearing on motion to compel and motion re: fee. Confer with Plaintiff and doctor counsel re: issues and trial. Meet with Paula LeBlanc re: trial testimony. Meet with Mierke re: trial testimony. Telephone conference with Harris re: trial issue. Prepare correspondence to Sukienik counsel re: trial. Receipt of response and proposed order. Confer with Plaintiff counsel re: trial depositions. Confer with IVR re: trial. Receipt of correspondence from witness Brode re: meeting and trial. Revise Mierke and LeBlanc direct and cross re: trial. 8.80 10/17/2018 RAA Review and analysis of case law and statutes in support of directed verdict motion; Continue drafting motion for directed verdict. 6.30 TAD Receipt and review of correspondence re: Sukienik testimony. Review deposition of Faine and Zeller for trial. Prepare deposition designations. Receipt of correspondence to Court re: proposed order and proposed order. Revise opening statement re: information from plaintiff on witnesses. Receipt of correspondence from plaintiff re: expert review of additional materials and prepare response to same. Review correspondence from plaintiff re: objections and expert testimony. Review testimony and prepare response to same. 4.70 10/18/2018 IR Continuation of preparation for hearing before Judge Goodman on October 19, 2018 [pretrial issues to be discussed, etc.] and trial set to commence on October 22, 2018; prepared IVR trial notebook, with list to items to bring to court on Friday [via courier] and for Monday; receipt, review and responded to David Prather's email requesting information for trial; retrieved depositions and deposition exhibits and sent to Attorney Prather; reviewed deposition excerpts to be utilized at trial and the City's counter designations of same; retrieved our doctor witness deposition exhibit and skimmed through to read into the record during trial the week of October 22, 2018. 4.30 RAA Review and analysis of case law on duty and proximate causation issues; Finish draft of Motion for Directed Verdict; Prepare to argue jury instruction dispute at pretrial conference and review and analyze case law re: premises liability instruction and standard of negligence; Preparation for hearing re: dispute over admission of photographic evidence and research case law to support evidentiary objection; Review rules of evidence re: objections to disputed deposition designations. 9.20 TAD Receipt and review of correspondence and case law re:jury selection issues for pre-trial conference. Prepare outline of issues for conference. Confer with RAA re: trial cross examinations and other trial issues. Confer with plaintiff counsel re: all deposition designations and objections and prepare outline of changes. Receipt of order re: reasonableness of fee. 6.70 10/19/2018 RAA Prepare for final pretrial hearing re: argument on jury instructions and evidentiary issues; Attend final pretrial hearing. 5.80 IR Finalization of preparation for jury trial, commencing Monday October 22, 2018; meeting with couriers and travel to our Delray Beach office to gather demonstrative boards for use at trial and continue to drive to Palm Beach Page 461 of 697 Page: 6 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) HOURS Circuit Court; conference with bailiffs at loading dock to get our 6 boxes, demonstrative boards, easel, writing board, etc. through security at the courthouse, for trial on Monday morning; attendance at Judge Jaimie Goodman's Final Pretrial Conference hearing [over 10 pages notes taken] to discuss how trial shall proceed the following week and possibly into the next week of the 29th; follow up texts, etc. regarding trial post-hearing. 9.30 TAD Meet with Art Brode re:pre-trial meeting. Revise cross and prepare correspondence to Brode re: trial. Attend pre-trial conference. Confer with Plaintiff counsel re:jury instructions and trial witnesses and exhibits. Confer with RAA re:jury instruction issues and exhibit objections. Receipt of correspondence re: additional designations. Review pre-trial stipulation and prepare outline of issues for pre-trial conference. 7.80 10/20/2018 RAA Review, analyze and summarize deposition transcript for City maintenance worker Kelly; Prepare for cross examination of witness at trial; Prepare folder for same; Additional preparation for cross examination of other City maintenance worker Cinque. 6.20 TAD Revise open and close based upon limitations imposed by court at pre-trial conference. Revise cross plaintiff for trial. Receipt of correspondence from plaintiff re: designations and prepare response to same. Review case law re: expert testimony for trial. Revise jury instructions re: information from court at pre-trial conference re: initial instructions. 4.80 10/21/2018 TAD Receipt and review of correspondence from plaintiff counsel re: trial. Confer with plaintiff counsel re: potential settlement. Confer with city manager and risk manager re: potential settlement. Additional communication with plaintiff and city re: settlement. Prepare correspondence to plaintiff re: settlement. Prepare correspondence to court re: settlement and receipt of response to same. 1.40 IR Telephone conference call and texts with TAD regarding trial on October 22, 2018, as it appeared the litigation had settled. 0.30 10/22/2018 TAD Attend hearing with judge re: settlement and issues. Confer with plaintiff re: release language. Receipt of correspondence from plaintiff and city re: settlement. Prepare correspondence to trial witnesses Brode and Mierke. Receipt of correspondence from process server and LeBlanc re: trial subpoenas. Prepare correspondence to City workers compensation counsel re: release terms. Receipt of response to same. Telephone conference with Citys workers compensation attorney re: release language and claim status. Prepare correspondence to plaintiff re: payee information and prepare correspondence to city re: same. Receipt of correspondence from City re: settlement payment and prepare response to same. 5.60 IR Receipt and review of emails received from process servers, with regarding to attempted service of process on the City of Boynton Beach's trial witnesses; telephone conferences and texts with trial witnesses regarding status of jury trial, set to commence this date; prepared ticklers to receive finalization and agreed upon deadlines in the proposed settlement from Sunday October 21, 2018. 5.80 10/23/2018 JAC Post settlement review and PostM. 0.80 TAD Prepare correspondence to plaintiff counsel re: settlement terms. Receipt of response to same. Draft release agreement. Prepare correspondence to Page 462 of 697 Page: 7 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) HOURS plaintiff re: payment and receipt of response to same. 3.30 IR and receipt of process servers who are attempting to serve trial witnesses for the Galindez jury trial [case settled October 22, 2018 and the court reserved ruling until the settlement agreement was entered by the parties]; 2.30 10/24/2018 TAD Prepare correspondence to City's outside counsel re: settlement agreement terms. Receipt of response to same. Prepare settlement documents. Telephone conference with City's workers compensation counsel re: release language. Prepare correspondence to City re: release language. Receipt of response to same. Revise release language. Prepare correspondence to plaintiff counsel re: release and receipt of response to same. Prepare correspondence to City re: payment and receipt of response to same. Prepare correspondence to adjuster re: settlement information. 2.60 10/25/2018 IR Receipt and review of email from TAD with the proposed settlement release; review of release and scan emailed TAD pertaining to same; prepared tickler to receive Notice of Dismissal to be entered by Judge Jaime Goodman by Friday October 26, 2018. 1.10 TAD Receipt and review of release documents and prepare correspondence to City. Prepare correspondence to City's workers compensation counsel re: settlement and release. Receipt of correspondence from City re: records request. Prepare response to same. Receipt of correspondence re: retirement and prepare response to same. 0.80 10/26/2018 TAD Receipt and review of correspondence re: records request. Prepare response to same. Prepare notice of dismissal. Prepare order of dismissal. Prepare final disposition sheet. Prepare correspondence to plaintiff counsel re: same. Telephone conference with City re: settlement issues. Receipt of correspondence from Court re: settlement documents. Receipt of order of dismissal from court. 1.40 10/29/2018 TAD Receipt and review of correspondence re: employee retirement letter and letter. 0.10 10/31/2018 TAD Receipt and review of original release and correspondence re: same. Prepare correspondence to plaintiff re: settlement proceeds. 0.30 FOR CURRENT SERVICES RENDERED 261.00 47,785.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.30 $205.00 $676.50 RYAN A.ABRAMS 84.20 205.00 17,261.00 INGRID RIERA 71.50 125.00 8,937.50 TRACEY A. DECARLO 102.00 205.00 20,910.00 Color photocopies 4.20 Photocopies 1,472.10 Page 463 of 697 Page: 8 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905083 STATEMENT NO: 22735 adv. Galindez, Dennis (slip&fall) TOTAL EXPENSES THRU 10/31/2018 1,476.30 10/19/2018 ASAP Courier- Invoice 287189 149.94 149.94 10/08/2018 Compass Investigations- Invoice 2018009338 40.00 40.00 10/04/2018 Parking -TAD 4.00 10/12/2018 Parking -TAD 2.60 10/19/2018 Parking - IVR 5.00 10/19/2018 Parking -TAD 7.00 10/22/2018 Parking -TAD 5.00 Parking - 23.60 10/05/2018 Federal Express- Invoice 6-346-15941 14.12 14.12 TOTAL ADVANCES THRU 10/31/2018 227.66 TOTAL CURRENT WORK 49,488.96 BALANCE DUE $49,488.96 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 464 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905098 Boynton Beach FL 33425 STATEMENT NO: 22736 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#001470-000367-AB-01 HOURS 10/01/2018 TAD Receipt and review of medical records produced by plaintiffs providers for pre-trial disclosures. 1.60 10/03/2018 RAA Preparation for hearing on second motion to compel. 1.30 10/04/2018 RAA Attend hearing on plaintiffs Second Motion to Compel; Confer with Attorney DeCarlo re:judge's order. 2.70 10/05/2018 RAA Draft proposed order granting Plaintiffs Motion to Compel with confidentiality provisions; Correspondence to opposing counsel re: same. 1.30 TAD Receipt and review of correspondence re: answer to interrogatories and prepare response to same. 0.20 10/08/2018 IR Receipt, review and updates to Trial Witness Tracking chart of several responses to subpoenas duces tecum and put into trial witness [through records custodian] and trial exhibits files for use at jury trial before Judge Nutt commencing in early 2019, but with trial disclosures due to the Court this month. 2.70 10/15/2018 TAD Receipt and review of correspondence re: depositions and evidence for trial and prepare response to same. 0.40 10/16/2018 TAD Receipt and review of trial witness and exhibit list from plaintiff. Review trial order. Prepare correspondence to plaintiff re: mediation. Confer with IVR re: trial disclosures. 0.90 10/17/2018 IR Extensive review of files received, pursuant to subpoena duces tecum to various non-parties; review police reports and other records received from the City; initial preparation of trial disclosures, in accordance with the Court's Order Setting Jury Trial and Directing Pretrial and Mediation Procedures entered by Judge James Nutt on August 24, 2018; conferences with TAD regarding same. 6.20 TAD Receipt and review of order regarding motion to compel. Receipt of correspondence re: incident. 0.20 Page 465 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905098 STATEMENT NO: 22736 adv. Venegas, Jesusa HOURS 10/18/2018 IR Review and retrieved our expert witnesses' curriculum vitae for trial disclosure, following the Court's Order of same, entered August 24, 2018; conferences with TAD regarding 40 disclosed and listed trial witnesses and approximately 35 exhibits of same. 1.20 RAA Correspondence with opposing counsel re: confidentiality order and submit order for judge's signature. 0.20 TAD Receipt and review of witness, exhibit and expert lists and prepare revisions to same. Review discovery re: trial disclosures. 1.30 10/19/2018 RAA Receive/review confidentiality order on officer's last known address; Draft correspondence to opposing counsel re: same. 0.40 10/22/2018 RAA Correspondence to opposing counsel re: contact information as pursuant to Court's order on motion to compel. 0.20 10/24/2018 RAA Telephone conference call with opposing counsel re: request for video evidence; Review and evaluate video evidence. 0.60 FOR CURRENT SERVICES RENDERED 21.40 3,579.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 6.70 $205.00 $1,373.50 INGRID RIERA 10.10 125.00 1,262.50 TRACEY A. DECARLO 4.60 205.00 943.00 Photocopies 19.60 TOTAL EXPENSES THRU 10/31/2018 19.60 TOTAL CURRENT WORK 3,598.60 BALANCE DUE $3,598.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 466 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905102 Boynton Beach FL 33425 STATEMENT NO: 22737 Attn: Lynn Swanson adv. Blutcher, Pamela (MVA) Billing Category- 18RLO Claim#001470-000369-AB-01 HOURS 10/04/2018 RAA Telephone conference call with opposing counsel re: settlement negotiations. 0.20 10/10/2018 RAA Correspondence from opposing counsel re: request for mediator. 0.20 10/11/2018 TAD Receipt and review of correspondence re: mediation. 0.10 10/15/2018 TAD Receipt and review of correspondence re: mediation and settlement and prepare response to same. 0.30 10/17/2018 TAD Receipt and review of correspondence re: discovery issues and prepare response to same. 0.20 10/23/2018 TAD Receipt and review of correspondence re: discovery and settlement and prepare response to same. 0.20 10/24/2018 TAD Receipt and review of correspondence re: settlement. Confer with City driver re: discovery issues. Prepare correspondence to City re: offer and receipt of response to same. Confer with City re: settlement issues and request for mediation. Receipt of correspondence from adjuster re: claim and prepare response to same. 0.60 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.40 $205.00 $82.00 TRACEY A. DECARLO 1.40 205.00 287.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 Page 467 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905124 Boynton Beach FL 33425 STATEMENT NO: 22738 Attn: Lynn Swanson Broberg, Leif Complaint (2015) Billing Category: 18-RLO Claim#001470-000390-EP-01 HOURS 10/01/2018 TAD Receipt and review of correspondence re: deposition of city representatives and prepare response to same. Receipt of additional correspondence re: depositions and case status. 0.40 10/15/2018 TAD Receipt and review of correspondence re: response to discovery from outside counsel and City. Receipt of notice of deposition of FBI personnel. 0.30 10/16/2018 TAD Receipt and review of petition for commissioner and correspondence re: same. 0.20 10/25/2018 TAD Receipt and review of correspondence re: motions. Receipt of motions and exhibits thereto including transcripts. Receipt of correspondence re: mediation and depositions. Prepare correspondence to outside counsel re: motions and comments and receipt of response to same. Receipt of correspondence re: proposal for settlement. Review trial order re: trial and limits. 2.20 10/29/2018 TAD Receipt and review correspondence re: mediation and prepare response to same. Receipt of correspondence from adjuster re: mediation. 0.30 10/31/2018 TAD Receipt and review of correspondence re: information on witness interviews. Prepare correspondence to City re: mediation issues. 0.30 FOR CURRENT SERVICES RENDERED 3.70 758.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 3.70 $205.00 $758.50 TOTAL CURRENT WORK 758.50 BALANCE DUE $758.50 Page 468 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905190 Boynton Beach FL 33425 STATEMENT NO: 22739 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 10/05/2018 TAD Receipt and review of correspondence from plaintiff re: discovery and prepare response to same. 0.20 10/12/2018 TAD Receipt and review of correspondence re: deposition of City representative. Prepare correspondence to City re: same. Prepare correspondence to plaintiff re: discovery issues. 0.60 10/18/2018 TAD Receipt and review of correspondence re: depositions of city representatives and prepare response to same. 0.20 10/22/2018 TAD Receipt and review of correspondence re: Request for Production to City. Receipt of request and prepare correspondence re: same. 0.30 10/30/2018 TAD Receipt and review of correspondence re: depositions of employees and issues with same. Prepare response. 0.20 10/31/2018 RAA Confer with Attorney DeCarlo re: upcoming depositions proposed by plaintiff; Draft proposed confidentiality order and draft correspondence to all counsel re: same. 1.40 FOR CURRENT SERVICES RENDERED 2.90 594.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 1.40 $205.00 $287.00 TRACEY A. DECARLO 1.50 205.00 307.50 TOTAL CURRENT WORK 594.50 BALANCE DUE $594.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 469 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905199 Boynton Beach FL 33425 STATEMENT NO: 22740 Attn: Lynn Swanson adv. Robling, Aaron (Police) Billing Category: 18- RLO Claim#001470-000403-PP-01 HOURS 10/01/2018 RAA Review and make additional edits to memorandum re: summary of depositions to Risk Manager; Final review and editing of Interrogatories and Requests for Production and serve same on all parties of record. 1.50 10/02/2018 RAA Receive/review deposition transcript and notice of review for sergeant; Correspondence with sergeant re: requested review. 0.60 10/03/2018 RAA Correspondence from sergeant re: review of deposition transcript. 0.20 10/08/2018 RAA Receive/review requests for production and interrogatories; Correspondence to opposing counsel re: request for extension of time. 0.50 10/10/2018 RAA Correspondence with opposing counsel re: discovery extension. 0.20 10/23/2018 RAA Receive/review motion in limine filed by plaintiff; Draft proposed objection and response to interrogatory; Draft correspondence to City representative re: same. 1.30 10/24/2018 RAA Review and edit draft answer to interrogatory; Correspondences with City staff re: additional records requested. 0.30 10/25/2018 RAA Draft letter to former employee and witness; Receive/review response to request for production and correspondences re: same. 1.30 10/29/2018 RAA Review and analysis of sovereign immunity and other possible defenses to this action in preparation for upcoming deposition of plaintiff and draft memorandum re: same; Review and analysis of CAD report and police audio files; Review and analysis of case law and statutes re: confidentiality of 911 caller information and confer with Attorney DeCarlo re: same. 4.00 10/30/2018 RAA Continue preparation for deposition of plaintiff by reviewing discovery and summarizing same. 3.50 10/31/2018 TAD Confer with RAA re: status and deposition issues. 0.30 Page 470 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905199 STATEMENT NO: 22740 adv. Robling, Aaron (Police) HOURS RAA Receive/review motions for extension on discovery responses filed by plaintiff; Additional preparation for plaintiffs deposition; Correspondence with plaintiff re: same and cancellation of the plaintiffs deposition. 0.70 FOR CURRENT SERVICES RENDERED 14.40 2,952.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 14.10 $205.00 $2,890.50 TRACEY A. DECARLO 0.30 205.00 61.50 Photocopies 338.80 TOTAL EXPENSES THRU 10/31/2018 338.80 10/30/2018 Neurology Clinic, P.A. -Medical Records 3.00 3.00 TOTAL ADVANCES THRU 10/31/2018 3.00 TOTAL CURRENT WORK 3,293.80 BALANCE DUE $3,293.80 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 471 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905213 Boynton Beach FL 33425 STATEMENT NO: 22741 Attn: Lynn Swanson adv. Coupet, Kenson (parent of child injured) Billing Category: 18- RLO Claim#001470-000405-GB-01 HOURS 10/08/2018 TAD Receipt and review of correspondence re: mediation and prepare correspondence re: same. 0.20 10/25/2018 TAD Receipt and review of motion to appoint guardian ad litem and correspondence re: same. 0.20 10/26/2018 TAD Receipt and review of correspondence re: release agreement. Review release agreement. Prepare revisions to same. Prepare correspondence to Layne counsel re: release changes. 0.90 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 472 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905216 Boynton Beach FL 33425 STATEMENT NO: 22742 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470-000410-EP-01 HOURS 10/02/2018 TAD Prepare correspondence to City re: depositions and receipt of response to same. Receipt of correspondence from Dr. Trejo office and documents. 0.40 10/04/2018 TAD Receipt and review of notice of cancellation of deposition. Prepare correspondence to Albala and Kellman re: deposition issues. Receipt of response to same. Prepare correspondence to plaintiff re: amended complaint. Receipt of correspondence from plaintiff re: depositions and prepare response to same. Review status of discovery responses. 1.30 10/05/2018 TAD Receipt and review of correspondence re: motion for leave to amend. Review proposed amended complaint and case law re: same. 2.40 10/09/2018 TAD Receipt and review of proposed order. Prepare correspondence re: same. Telephone conference with witness re: deposition issues. Prepare correspondence re: same. 0.50 10/10/2018 TAD Receipt and review of order on motion for leave to amend. 0.10 10/11/2018 TAD Receipt and review of notice of hearing on motion to amend and correspondence re: same. 0.20 10/25/2018 TAD Receipt and review of plaintiffs amended complaint. Review additional case law re: new claims under FCRA re: motion to dismiss. 3.80 10/26/2018 TAD Draft motion to dismiss and memorandum of law supporting same. Review additional case law. 3.80 10/29/2018 TAD Receipt and review of additional documents re: plaintiff claims and exhibits and revise motion to dismiss. 0.80 10/31/2018 TAD Begin preparation of updated report re: additional claims and outcomes. Review case law re: damage issues. 1.50 FOR CURRENT SERVICES RENDERED 14.80 3,034.00 Page 473 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905216 STATEMENT NO: 22742 adv. Ryan, Ronald (whistleblower PD) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 14.80 $205.00 $3,034.00 Photocopies 6.30 TOTAL EXPENSES THRU 10/31/2018 6.30 TOTAL CURRENT WORK 3,040.30 BALANCE DUE $3,040.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 474 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905218 Boynton Beach FL 33425 STATEMENT NO: 22743 Attn: Lynn Swanson adv. Estime, Robens (Police Deadly Force) Billing Category: 18-RLO Claim#001470-000411-PP-01 HOURS 10/11/2018 RAA Review file re: adjuster's question on statute of limitations; Analyze statutes and case law on tolling of statute of limitations by criminal proceeding; Draft correspondence to adjuster re: opinion and telephone conference call with adjuster re: same. 1.30 FOR CURRENT SERVICES RENDERED 1.30 266.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 1.30 $205.00 $266.50 TOTAL CURRENT WORK 266.50 BALANCE DUE $266.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 475 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905240 Boynton Beach FL 33425 STATEMENT NO: 22744 Attn: Lynn Swanson adv. Cameron, Donald (MVA) Billing Category: 18- RLO Claim#001470-000419-AD-01 HOURS 10/17/2018 TAD Receipt and review of correspondence from adjuster re: claim information . Review claim letter and information on claim for discussion with City. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 476 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905253 Boynton Beach FL 33425 STATEMENT NO: 22745 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#001470-000422-AB-01 HOURS 10/04/2018 TAD Receipt and review of notice of jury trial. Receipt of correspondence re: Green and prepare response to same. Receipt of motion for default (Green). Receipt of second correspondence re: deposition and prepare response to same. Review pleadings re: status and notice for trial. 1.40 10/11/2018 TAD Receipt and review of notice of jury trial. Receipt of correspondence re: depositions of City employees and prepare response to same. 0.30 10/29/2018 TAD Receipt and review of accident report and information on claim re: deposition of City driver. 0.90 FOR CURRENT SERVICES RENDERED 2.60 533.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.60 $205.00 $533.00 TOTAL CURRENT WORK 533.00 BALANCE DUE $533.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 477 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905257 Boynton Beach FL 33425 STATEMENT NO: 22746 Attn: Lynn Swanson adv. Basinski, Tricia (MVA garbage truck) Billing Category: 18- RLO Claim#001470-000422-AB-03 HOURS 10/18/2018 TAD Receipt and review of correspondence re: information on plaintiff and city response. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 478 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905266 Boynton Beach FL 33425 STATEMENT NO: 22747 Attn: Lynn Swanson adv. Pinkney, Elliott (excessive force) Billing Category: 18- RLO Claim#001470-000424-PP-01 HOURS 10/31/2018 IR Receipt and review of email from J. Oldbury from City of Boynton Beach; reviewed Complaint and Summons on Officer Connor Haugh, addressed to Department of Financial Services in Tallahassee, FL; online search for Palm Beach judge in this new matter and the case number; retrieved court docket and reviewed status of Summons to be served upon the City of Boynton Beach [sent to Tallahassee, FL]; conferences with TAD and RAA regarding same and statute of limitations filing date; prepared tickler to follow up regarding several pending issues with attorneys. 0.90 RAA Receive/review summons and complaint naming City as defendant and confer with Attorney DeCarlo re: same. 0.50 FOR CURRENT SERVICES RENDERED 1.40 215.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 0.50 $205.00 $102.50 INGRID RIERA 0.90 125.00 112.50 TOTAL CURRENT WORK 215.00 BALANCE DUE $215.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 479 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905282 Boynton Beach FL 33425 STATEMENT NO: 22748 Attn: Lynn Swanson adv. Garber M.D., Harvey (excessive force) Billing Category: 18- RLO Claim#001470-000429-PP-01 HOURS 10/01/2018 RAA Telephone conference call and follow up correspondence with Sergeant re: request for data relevant to City's defense. 0.30 TAD Receipt and review of trial order and confer with RAA re: disclosures and reports. 0.40 10/03/2018 RAA Correspondence with all counsel re: rescheduling plaintiffs deposition. 0.20 RAA Correspondence from City staff re: requested police department data. 0.20 10/05/2018 RAA Receive/review order on Motion to Continue Pretrial Deadlines; Receive/review order referring matter to Magistrate; Receive/review Magistrate's order setting hearing; Draft correspondence to all counsel requesting agreement to modify pretrial schedule. 1.30 10/09/2018 TAD Receipt and review of plaintiffs amended responses to discovery from City. 0.20 10/10/2018 RAA Draft request for production to Plaintiff; confer with Attorney DeCarlo re: same. 0.90 10/11/2018 RAA Telephone conference calls with opposing counsel and officers' counsel; Draft joint notice of amending pretrial deadlines and correspondences with all counsel re: same; Receive/review amended answers to requests for admissions from plaintiff; Correspondences with all counsel re: setting depositions of fact witnesses. 1.70 TAD Receipt and review of correspondence re: deposition of plaintiff and discovery and prepare response to same. 0.20 10/12/2018 RAA Telephone call to expert witness to update re: extension of disclosure deadlines; Correspondences with all counsel re: setting depositions of fact witnesses. 0.30 TAD Receipt and review of trial orders and prepare for status conference. Attend status conference. Confer with officer counsel and plaintiff re: mediation and depositions. 4.40 10/15/2018 TAD Receipt and review of request for production and correspondence re: same. Page 480 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 22748 adv. Garber M.D., Harvey (excessive force) HOURS Prepare response. 0.30 10/16/2018 RAA Receive/review notice of independent medical examination; Review federal rule of civil procedure re: same; Correspondences with officers counsel re: notice approval; Telephone conference call with police practices expert re: additional information for consideration. 0.70 TAD Receipt and review of correspondence re: IME from officer counsel and adjuster. 0.20 10/17/2018 RAA Conference call with Dr. Jacobs and officers' counsel re: discussion of damages; Draft memorandum to file re: same; Correspondences with all counsel re: re-setting depositions and draft revised notices of deposition and subpoenas. 1.50 TAD Receipt and review of renotice of deposition of plaintiff. Prepare correspondence re: same. 0.20 10/19/2018 RAA Receive/review correspondence and motion plaintiffs counsel re: limiting compulsory medical examination of plaintiff. 0.50 TAD Receipt and review of correspondence fro officer counsel re: medical examination issues and proposed order. Review proposed order. Prepare correspondence re: changes to order and receipt of response to same. Confer with RAA re: same. Receipt of correspondence re: depositions of witnesses. 0.60 10/22/2018 RAA Receive, review and evaluate amended motion to limit the scope of the compulsory medical examination of plaintiff and proposed agreed order; Correspondences from all counsel re: same; Receive/review order denying motion without prejudice. 1.00 TAD Receipt and review of correspondence from officer counsel re: examination and issues. Receipt of correspondence from plaintiff counsel re: agreements on motion. Receipt of order denying motion. 0.20 10/23/2018 RAA Correspondence from officers' counsel re: proposed agreed order on motion to limit compulsory medical examination and review rule re: requesting reciprocal reports from plaintiff. 0.30 TAD Receipt and review of order. Receipt of correspondence re: issues with witnesses. 0.40 10/24/2018 RAA Correspondences with opposing counsel re: witness contact information; Correspondence from process server re: non-service of subpoenas. 0.30 10/25/2018 RAA Correspondence with opposing counsel re: deposition of facts witnesses; Telephone call to fact witness re: same; Review and analysis of case law on excessive force re: hand cuffing; Continue review and analysis of case law re: first amendment retaliation claim; Add to summary judgment outline; Correspondence to process server re: locating witnesses. 3.20 10/26/2018 RAA Additional review and analysis of case law re: excessive force inquiry relevant to plaintiffs claim and add to memorandum of law; Additional correspondences with plaintiffs counsel and process server re: setting deposition of fact witnesses. 0.80 Page 481 of 697 Page: 3 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905282 STATEMENT NO: 22748 adv. Garber M.D., Harvey (excessive force) HOURS 10/29/2018 RAA Telephone call with process server re: non-service of subpoenas to witnesses and follow up correspondence re: same; Additional correspondence from process server re: results of skip trace. 0.40 10/30/2018 RAA Correspondences with plaintiffs counsel re: location of fact witnesses for service of subpoena and cancellation of deposition. 0.30 TAD Receipt and review of correspondence re: depositions of City employees and witnesses and prepare response to same. Receipt of plaintiffs response to City's second request for production. 0.40 10/31/2018 RAA Review file re: confirm employment status of individuals whom plaintiff seeks to depose and draft correspondence to City staff re: same; Prepare and serve notice of cancellation of depositions of fact witnesses. 0.60 FOR CURRENT SERVICES RENDERED 22.00 4,510.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 14.50 $205.00 $2,972.50 TRACEY A. DECARLO 7.50 205.00 1,537.50 Photocopies 315.70 TOTAL EXPENSES THRU 10/31/2018 315.70 TOTAL CURRENT WORK 4,825.70 BALANCE DUE $4,825.70 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 482 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905288 Boynton Beach FL 33425 STATEMENT NO: 22749 Attn: Lynn Swanson adv. Floering, David & Barbara Billing Category: 18 RLO Claim#001470-000422-AB-04 HOURS 10/17/2018 TAD Receipt and review of correspondence re: discovery and prepare response to same. 0.20 10/18/2018 TAD Receipt and review of correspondence from City and excess adjuster re: status. Receipt of report re: claims. 0.40 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 483 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905306 Boynton Beach FL 33425 STATEMENT NO: 22750 Attn: Lynn Swanson adv. Novick, James (MVA Public Works) Billing Category: 18- RLO Claim# HOURS 10/17/2018 TAD Receipt and review of correspondence re: demand and settlement from adjuster for claims of father and son. Review information in demand package. Prepare correspondence re: same. 1.60 FOR CURRENT SERVICES RENDERED 1.60 328.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.60 $205.00 $328.00 TOTAL CURRENT WORK 328.00 BALANCE DUE $328.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 484 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905320 Boynton Beach FL 33425 STATEMENT NO: 22751 Attn: Lynn Swanson adv. Russell Hugh Cooper Billing Category: 18- RLO HOURS 10/01/2018 TAD Receipt and review of correspondence re: responses to discovery. Prepare correspondence re: same. 0.20 10/02/2018 RAA Receive/review plaintiffs response to officers' Motion to Dismiss; Correspondence with officers' counsel re: expert retention. 0.80 JAC Review case status, response to Motion to dismiss and related issues. 0.30 TAD Receipt and review of plaintiffs memorandum in opposition to motions to dismiss. 0.30 10/03/2018 RAA Telephone conference call with officers' counsel re: retaining an expert and follow up correspondence re: same. 0.50 10/04/2018 RAA Draft correspondence to Risk Manager re: litigation update; Correspondence with officers' counsel re: retaining expert witness; Receive/review Reply memorandum filed by officers' counsel; Correspondence from officers' counsel re: request for availability for deposition. 1.50 TAD Receipt and review of information on new trial order. Prepare correspondence re: same. 0.30 10/05/2018 IR Reviewed and retrieved all court orders in this matter; prepared separate list of deadlines that were met by the parties and new deadlines, not specified in the Court's more recent orders, such as DE 51; updated the Trial Order Outline with new deadlines and followed federal rules when referenced to do so by the court orders. 1.40 RAA Receive/review order granting motion for substitution of counsel. 0.20 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.20 10/08/2018 IR Receipt and review of information relevant to expert witness disclosure and depositions of experts to occur within 30 days of experts disclosure and reports, all expert witnesses must be available for depositions to be taken by the opposing party; 1.70 10/12/2018 RAA Receive/review correspondence from officers' counsel requesting additional Page 485 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905320 STATEMENT NO: 22751 adv. Russell Hugh Cooper HOURS records from City; Review and analyze records and determine additional records needed; Draft correspondences to City staff requesting said records; Additional correspondence with officers' counsel re: same; Correspondences with all counsel re: setting deposition of personal representative. 2.20 10/15/2018 RAA Prepare request for copies of records received by co-defendant in response to subpoena issuance. 0.40 TAD Receipt and review of correspondence re: information needed for discovery responses. Prepare response to same. 0.30 10/16/2018 RAA Correspondences from all counsel re: setting mediation and deposition of personal representative; Correspondence from City staff re: request for additional documents with attached internal affairs files and CAD report; Receive/review letter from officers' counsel requesting additional records. 1.00 TAD Receipt and review of correspondence re: mediation and prepare response to same. 0.30 10/19/2018 TAD Receipt and review of correspondence re: plaintiffs deposition and prepare response to same. 0.20 10/20/2018 RAA Review additional records received from City staff; Follow-up correspondence to City staff re: additional requested records. 1.00 10/23/2018 TAD Receipt and review of correspondence from outside counsel and City re: mediation and deposition issues. 0.20 10/26/2018 RAA Correspondences with all counsel re: setting deposition and mediation. 0.30 10/29/2018 TAD Receipt and review of correspondence re: depositions and mediation and prepare response to same. 0.30 10/30/2018 RAA Receive/review correspondence from officer's counsel re: retaining expert witness. 0.20 FOR CURRENT SERVICES RENDERED 13.80 2,581.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $205.00 $61.50 RYAN A.ABRAMS 8.10 205.00 1,660.50 INGRID RIERA 3.10 125.00 387.50 TRACEY A. DECARLO 2.30 205.00 471.50 TOTAL CURRENT WORK 2,581.00 BALANCE DUE $2,581.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 486 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905323 Boynton Beach FL 33425 STATEMENT NO: 22752 Attn: Lynn Swanson adv. Samad, Raheel, a minor(park injury) Billing Category: 18- RLO Claim# HOURS 10/19/2018 TAD Receipt and review of correspondence re: claim and status re: meeting with City. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 487 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905332 Boynton Beach FL 33425 STATEMENT NO: 22753 Attn: Lynn Swanson adv. Baker, carol (Personal Injury) Billing Category: 18 RLO Claim# HOURS 10/02/2018 TAD Receipt and review of correspondence from City re: settlement. Review information on claim. Prepare correspondence re: same. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 488 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905338 Boynton Beach FL 33425 STATEMENT NO: 22754 Attn: Lynn Swanson adv. Cromarty, Corina (Ambulance accident) Billing Category: 18- RLO Claim#001470 000442 AB 01 & 02 HOURS 10/05/2018 TAD Receipt and review of correspondence re: letter to Jennings and letter. Receipt of correspondence to Kupier. Prepare correspondence to City re: same. Telephone conference with Allstate counsel re: releases. 0.80 10/11/2018 TAD Receipt and review of correspondence re: claim and issues. Telephone conference with counsel for Gil re: same. 0.60 10/23/2018 TAD Receipt and review of correspondence re: claims. Receipt of waivers for City employees. Telephone conference with allstate counsel. 0.40 10/26/2018 TAD Telephone conference with City re: waivers. Receipt of correspondence re: same. 0.30 FOR CURRENT SERVICES RENDERED 2.10 430.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 2.10 $205.00 $430.50 TOTAL CURRENT WORK 430.50 BALANCE DUE $430.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 489 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905347 Boynton Beach FL 33425 STATEMENT NO: 22755 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category: 18- RLO Claim# HOURS 10/23/2018 TAD Receipt and review of correspondence from City re: photographs and video. Review video. 0.50 FOR CURRENT SERVICES RENDERED 0.50 102.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.50 $205.00 $102.50 TOTAL CURRENT WORK 102.50 BALANCE DUE $102.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 490 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905353 Boynton Beach FL 33425 STATEMENT NO: 22756 Attn: Lynn Swanson adv. Gil, Juan Carlos Request for Accommodation Billing Category: 18- RLO Claim# HOURS 10/01/2018 TAD Receipt and review of correspondence re: notice and prepare response to same. 0.30 10/15/2018 TAD Receipt and review of information from adjuster and outside source re: claim and prepare correspondence re: same. 0.30 10/22/2018 RAA Review and analyze statutes re: mandatory posting of certain documents on city website and draft memorandum re: same; Telephone discussion with contact person from FDOR re: question on posting of budgets; Review and evaluate website accessibility transition plan; Correspondence from insurance adjuster re: information on claim. 3.00 10/23/2018 RAA Additional review of statutes re: required website postings and add to memorandum of law re: same. 0.30 10/24/2018 RAA Draft memorandum to file re: response and strategy. 0.50 10/25/2018 RAA Meet with ADA coordinator re: discussion of website accessibility and request for accommodation; Confer with Attorney Cherof re: same. 0.50 10/26/2018 RAA Telephone conference call with attorneys from Florida Department of Revenue re: budget question; Confer with Attorney Cherof re: same. 0.40 10/30/2018 RAA Review of materials from presentation on website accessibility by League of Cities re: best practices. 0.30 FOR CURRENT SERVICES RENDERED 5.60 1,148.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RYAN A.ABRAMS 5.00 $205.00 $1,025.00 TRACEY A. DECARLO 0.60 205.00 123.00 Page 491 of 697 Page: 2 CITY OF BOYNTON BEACH 11/02/2018 ACCOUNT NO: 306-9905353 STATEMENT NO: 22756 adv. Gil, Juan Carlos Request for Accommodation Photocopies 1.40 TOTAL EXPENSES THRU 10/31/2018 1.40 TOTAL CURRENT WORK 1,149.40 BALANCE DUE $1,149.40 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 492 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905360 Boynton Beach FL 33425 STATEMENT NO: 22757 Attn: Lynn Swanson adv. Cain, Courtney Billing Category: 18- RLO Claim# HOURS 10/17/2018 TAD Receipt and review of correspondence on claim from adjuster and city. 0.20 10/22/2018 TAD Receipt and review of correspondence from City re: claim and response. Receipt of response. 0.40 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 493 of 697 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 11/02/2018 100 East Boynton Beach Boulevard ACCOUNT NO: 306-9905362 Boynton Beach FL 33425 STATEMENT NO: 22758 Attn: Lynn Swanson adv. Huffman, Noele (Personal Injury) Billing Category: 18- RLO Claim# HOURS 10/17/2018 TAD Receipt and review of correspondence from adjuster re: demand letter. Prepare correspondence to City re: claim information. Receipt of accident report and discipline record. Receipt of information from adjuster and city re: proposed offer. 0.80 FOR CURRENT SERVICES RENDERED 0.80 164.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.80 $205.00 $164.00 TOTAL CURRENT WORK 164.00 BALANCE DUE $164.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 494 of 697 Risk-Outside Counsel Robert C Okon, P.A. Harris v City, Martinez 0.00 Lewis, Stroud & Deutsch, PL Hill v City 0.00 Harris v City 0.00 0.00 Roberts, Reynolds, Bedard &Tuzzio, PLLC-October 2018 Cooper v Boynton Beach 6,358.94 Braswell v City 0.00 Jean-Baptiste v Boynton Beach 1,254.00 Andrews v Haugh 0.00 Garber v Dunlop and CBB 0.00 Kimsey v City& Brooks 0.00 Harris v City 0.00 Broberg v City 10,934.50 18,547.44 TOTAL October 2018 Outside Counsel - Risk 18,547.44 Page 495 of 697 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No.65-0004867 City of Boynton Beach November 7, 2018 Attn: claims@bbfl.us Bill No. 43652 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Broberg v. Boynton Beach et al. 15414 Claim #001470-000390-EP-01 BILL FOR FEES AND COSTS THROUGH 10/31/18 PROFESSIONAL SERVICES Date Services Attorney Hours 10/01/18 Receipt and review of e-mail from City Paralegal Lynn Swanson LHR 0.20 re: deposition of Sgt. Gladys Cannon. 10/01/18 Preparation of email response to City Paralegal Lynn Swanson LHR 0.20 re: deposition of Sgt. Gladys Cannon. 10/01/18 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 deposition of Sgt. Gladys Cannon. 10/01/18 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Alvarez re: deposition of Sgt. Gladys Cannon. 10/01/18 Preparation of e-mail to Tracey DeCarlo, City attorney, re: AGA 0.20 deposition of Julie Oldbury. 10/01/18 Receipt and review of e-mail from Tracey DeCarlo, City AGA 0.20 attorney, re: deposition of Julie Oldbury. 10/01/18 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff, re: AGA 0.20 deposition of Julie Oldbury. 10/01/18 Receipt and review of Plaintiffs Notice of Taking Deposition of LHR 0.20 Sgt. Gladys Cannon. 10/01/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Notice of Taking Deposition of Sgt. Gladys Cannon. 10/01/18 Receipt and review of e-mail from Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: deposition of Julie Oldbury. 10/01/18 Preparation of e-mail to Julie Oldbury, City, re: her deposition. AGA 0.20 10/01/18 Preparation of second email to Tracey DeCarlo, City attorney, AGA 0.20 re: deposition of Julie Oldbury. 10/01/18 Receipt and review of e-mail from Julie Oldbury, City, re: her AGA 0.20 deposition. Page 496 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/01/18 Preparation of second email to Julie Oldbury, City, re: her AGA 0.20 deposition. 10/01/18 Receipt and review of second e-mail from Julie Oldbury, City, AGA 0.20 re: her deposition. 10/01/18 Preparation of e-mail to Gary Oldehoff, counsel for Crawfords, AGA 0.20 re: meeting with Suzanne and Chris Crawford. 10/01/18 Preparation of second email to Gary Oldehoff, counsel for AGA 0.20 Crawfords, re: FBI audio recordings of Chief Katz, Suzanne Crawford and Lief Broberg. 10/01/18 Telephone conference with Tracey DeCarlo, City, re: deposition AGA 0.20 of Julie Oldbury. 10/01/18 Preparation of second email to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: deposition of Julie Oldbury. 10/01/18 Telephone conference with Julie Oldbury re status of City's RKD 0.20 Administrative Policy Manual. 10/01/18 Receipt and review of Plaintiffs Re-Notice of Taking Continued LHR 0.20 Deposition of Julie Oldbury. 10/01/18 Research of case law in support of motion in limine to exclude JHL 0.80 evidence of Atlantic Land's decision not to retain Plaintiff. 10/01/18 Preparation of initial draft Defendant's Disclosure of Trial LHR 2.90 Exhibits. 10/01/18 Preparation of initial draft Defendant's Disclosure of Trial LHR 2.10 Witnesses. 10/02/18 Correspondence to Julie Oldbury, City, re: requesting LHR 0.30 authorization for partner, Andrea Amigo, and paralegal, Rebecca Davis to attend and assist at trial. 10/02/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs Re-Notice of Taking Continued Deposition 10/02/18 Initial drafting of motion in limine to exclude evidence of Atlantic JHL 1.20 Land's decision not to retain Plaintiff. 10/02/18 Receipt and review of e-mail from Julie Oldbury, City, re: AGA 0.20 authority for partner, Andrea Amigo, and paralegal, Rebecca Davis, to attend trial. 10/02/18 Obtain addresses for serving subpoenas for depositions to RKD 0.40 Gary Lippman, Ralph King, Scott Berry, Daniel Marshall, and Thomas Jones. 10/02/18 Receipt and review of e-mail from Tracey DeCarlo, City AGA 0.20 attorney, re: deposition of Julie Oldbury. 10/02/18 Preparation of email response to Tracey DeCarlo, City attorney, AGA 0.20 re: deposition of Julie Oldbury. 10/02/18 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff re: AGA 0.20 depositions of Plaintiffs witnesses. 10/02/18 Telephone conference with Stuart Robinson, former FBI agent, AGA 0.20 re: status of case. Page 497 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 10/02/18 Second telephone conference with Stuart Robinson, former FBI AGA 0.20 agent, re: status of case. 10/02/18 Receipt and review of second e-mail from Julie Oldbury, City, AGA 0.20 re: her deposition. 10/02/18 Receipt and review of third email from Julie Oldbury, City, re: AGA 0.20 her deposition. 10/02/18 Preparation of email response to Julie Oldbury, City, re: her AGA 0.20 deposition. 10/02/18 Receipt and review of fourth email from Julie Oldbury, City, re: AGA 0.20 her deposition. 10/02/18 Receipt and review of e-mail from Gary Oldehoff, counsel for AGA 0.20 Crawford, re: discussions with Ms. Crawford. 10/02/18 Preparation of email response to Gary Oldehoff, counsel for AGA 0.20 Crawford, re: discussions with Ms. Crawford. 10/02/18 Receipt and review of e-mail from records custodian from Palm RKD 0.20 Beach County State Attorney's Office re: no records pertaining to plaintiff, Leif Broberg, pursuant to public records request. 10/02/18 Receipt and review of second e-mail from Gary Oldehoff, AGA 0.20 counsel for Crawford, re: discussions with Ms. Crawford. 10/02/18 Review of file materials including FBI interviews of Broberg and AGA 2.50 Julie Oldbury's notes and email correspondence with FBI in preparation of upcoming meeting with Stuart Robinson, former FBI agent who interviewed Broberg. 10/03/18 Initial drafting of motion in limine to exclude evidence of, or JHL 1.90 reference to, the Byron Harris incident and investigation. 10/03/18 Preparation of e-mail to Gary Oldehoff, counsel for Crawford, AGA 0.20 re: discussions with Ms. Crawford. 10/03/18 Receipt and review of e-mail from Gary Oldehoff, counsel for AGA 0.20 Crawford, re: discussions with Ms. Crawford. 10/03/18 Preparation of second email to Gary Oldehoff, counsel for AGA 0.20 Crawford, re: discussions with Ms. Crawford. 10/03/18 Receipt and review of second e-mail from Gary Oldehoff, AGA 0.20 counsel for Crawford, re: discussions with Ms. Crawford. 10/03/18 Preparation of third email to Gary Oldehoff, counsel for AGA 0.20 Crawford, re: discussions with Ms. Crawford. 10/03/18 Telephone conference with Stu Robinson, former FBI agent AGA 0.20 who took Plaintiffs statement, regarding family emergency and his need to reset meeting to discuss his knowledge of Broberg's allegations pertaining to Chris Crawford. 10/03/18 Drafting of duces tecum for deposition of Plaintiffs accountant, JHL 0.20 Mary Beth McManus, CFP. 10/03/18 Drafting of duces tecum for deposition of Boynton Beach Police JHL 0.20 Department Drop Administrator Robert J Dorn. Page 498 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414 -Broberg v. Boynton Beach et al. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 10/03/18 Extensive telephone conference with former FBI Agent Stuart AGA 1.00 Robinson re his interview of Broberg and allegations regarding Chris Crawford. 10/03/18 Research case law for motion in limine to exclude reference to JHL 0.40 or testimony comparing the return of Plaintiffs service weapon to a K-9 officer not getting his dog. 10/04/18 Correspondence to Julie Oldbury, City, re: outcome of AGA 0.60 telephone conference with former FBI agent Stuart Robinson. 10/04/18 Preparation of Defendant, City of Boynton Beach's, final LHR 0.50 Disclosure of Fact and Expert Witnesses. 10/04/18 Preparation of Defendant, City of Boynton Beach's, final LHR 0.60 Disclosure of Exhibits. 10/04/18 Preparation of correspondence to Julie Oldbury, Director of HR LHR 0.30 and Risk Management, City of Boynton Beach, re: enclosing copies for file of Defendant, City of Boynton Beach's Final Notice of Disclosure of Trial Fact and Expert Witnesses, and Trial Exhibit List. 10/04/18 Preparation of Statement of Assurance (HIPAA)to Precision LHR 0.10 Pension Administration, pertaining to plaintiff, Leif Broberg. 10/04/18 Preparation of Notice of Production from Non-Party directed to LHR 0.20 Precision Pension Administration, pertaining to plaintiff, Leif Broberg. 10/04/18 Preparation of subpoena duces tecum directed to Precision LHR 0.20 Pension Administration, of subpoena for records pertaining to plaintiff, Leif Broberg. 10/04/18 Receipt and review of e-mail from Gary Oldehoff, counsel for AGA 0.20 Crawford, re: Suzanne Crawford. 10/04/18 Preparation of email response to Gary Oldehoff, counsel for AGA 0.20 Crawford, re: Suzanne Crawford. 10/04/18 Preparation of Statement of Assurance (HIPAA)to Stonebridge LHR 0.10 Wealth Management, pertaining to plaintiff, Leif Broberg. 10/04/18 Preparation of Notice of Production from Non-Party directed to LHR 0.20 Stonebridge Wealth Management, pertaining to plaintiff, Leif Broberg. 10/04/18 Preparation of subpoena duces tecum directed to Stonebridge LHR 0.20 Wealth Management, of subpoena for records pertaining to plaintiff, Leif Broberg. 10/04/18 Telephone conference with Karen Anderson with Chief Steele's AGA 0.30 office regarding Chief Steele's availability to testify at trial and answering her questions regarding the trial period and Chief Steele's testimony. 10/04/18 Initial drafting of motion in limine to exclude reference to or JHL 1.80 testimony comparing the return of Plaintiffs service weapon to a K-9 officer not getting his dog. Page 499 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414 -Broberg v. Boynton Beach et al. Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 10/04/18 Preparation of e-mail to Chris Crawford re: need to discuss AGA 0.20 case. 10/04/18 Correspondence to Plaintiffs counsel Alvarez re: mediation and LHR 0.20 suggested mediators. 10/04/18 Preparation of e-mail to Plaintiffs counsel Alvarez re: update LHR 0.20 deposition of Plaintiff Broberg and Pretrial Conference/Exhibit Exchange. 10/05/18 Initial drafting of Motion in Limine to Exclude Allegations JHL 1.90 Regarding Christopher Crawford's Alleged Misconduct and the Wilson Pierre Murder Investigation. 10/05/18 Receipt and review of e-mail from Adrian Alvarez, counsel for JHL 0.20 Plaintiff, re: deposition of Attiya Alvarez of Sun-Sentinel. 10/05/18 Preparation of email response to Adrian Alvarez, counsel for JHL 0.20 Plaintiff, re: deposition of Attiya Alvarez of Sun-Sentinel. 10/05/18 Revisions to initial draft of City's Motion in Limine to Exclude AGA 0.40 Allegations regarding Christopher Crawford's Alleged Misconduct and the Wilson Pierre Murder Investigation. 10/06/18 Receipt and review of e-mail from Christopher Crawford re: AGA 0.20 status of case. 10/08/18 Correspondence to Julie Oldbury, City, re: request for copy of AGA 0.30 letter sent from Chief Jeffrey Katz to Broberg returning service weapon. 10/08/18 Preparation of duces tecum for the deposition of Attiya Anthony AGA 0.20 from Sun Sentinel. 10/08/18 Preparation of email response to Christopher Crawford re: AGA 0.20 status of case. 10/09/18 Receipt and review of e-mail from Julie Oldbury, City, re: email AGA 0.20 correspondence from former Chief Katz regarding the issuance of retired police department employees memorabilia. 10/09/18 Receipt and review of email correspondence from former Chief AGA 0.20 Katz regarding the issuance of retired police department employees memorabilia. 10/09/18 Telephone conference with City Human Resources Director JHL 0.30 Julie Oldbury re: return of Leif Broberg's service weapon. 10/09/18 Extensive telephone conference with Chris Crawford re AGA 1.00 Plaintiffs allegations, his availability to come live to trial and his insight on the issues in the case. 10/09/18 Preparation of correspondence to Ricardo Reyes, Esq., re: LHR 0.30 rejection letter from the Internal Revenue Service and request for plaintiff, Lief Broberg's re-execution of authorization for release of tax returns. 10/11/18 Telephone conference with Chris Crawford re: subpoena for AGA 0.20 trial. Page 500 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414- Broberg v. Boynton Beach et al. Page 6 PROFESSIONAL SERVICES Date Services Attorney Hours 10/15/18 Extensive telephone conference with Larry Collagiovanni former AGA 1.40 FBI Task Force Officer re FBI interview of Plaintiff. 10/16/18 Preparation of Motion for Appointment of Commissioner in AGA 0.90 Washington. 10/16/18 Preparation of proposed Order on Motion for Appointment of AGA 0.30 Commissioner in Washington. 10/16/18 Correspondence to Adrian Alvarez, counsel for Plaintiff, re: AGA 0.30 Motion for Appointment of Commissioner in Washington and proposed Order on same. 10/16/18 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff, re: AGA 0.20 witness Larry Colagiovanni. 10/16/18 Telephone conference with Adrian Alvarez, counsel for Plaintiff, AGA 0.20 re: witness Larry Colagiovanni. 10/16/18 Preparation of second email to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re:witness Larry Colagiovanni. 10/16/18 Receipt and review of e-mail from Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: witness Larry Colagiovanni. 10/16/18 Receipt and review of e-mail from Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: no objection to Motion for Appointment of Commissioner in Washington. 10/16/18 Preparation of revised City's Response to Plaintiffs Third LHR 0.40 Request to Produce. 10/17/18 Preparation of submission of Agreed Order on Motion for AGA 0.20 Appointment of Commissioner to Washington to Judge Sasser. 10/17/18 Receipt and review of e-mail from Adrian Alvarez, plaintiffs LHR 0.20 counsel re: status of authorization for release of tax records to the Internal Revenue Service, for re-execution by plaintiff, Lief Broberg. 10/17/18 Telephone conference with Stuart Robinson, former FBI agent, AGA 0.20 re: FBI videos and audio. 10/17/18 Receipt and review of Court's executed Agreed Order on LHR 0.20 Defendant City's Motion for Appointment of Commissioner for Washington. 10/17/18 Preparation of correspondence to Steven Petri, Esq., US LHR 0.30 Attorney Southern District, and Julio Ball, FBI Counsel, re: follow up of FBI records request involving the City of Boynton Beach and requesting additional information re: same. 10/17/18 Preparation of correspondence to Julie Oldbury re enclose LHR 0.30 proposed Response to Plaintiffs Third Request to Produce for final review and approval. 10/18/18 Receipt and review of email response from Julie Oldbury, Risk LHR 0.20 Manager, City of Boynton Beach, re: approval of Defendant, City of Boynton Beach's proposed Responses to Plaintiffs Third Request to Produce. Page 501 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414- Broberg v. Boynton Beach et al. Page 7 PROFESSIONAL SERVICES Date Services Attorney Hours 10/18/18 Preparation of Defendant, City of Boynton Beach's Notice of LHR 0.60 Trial Conflict. 10/18/18 Receipt and review of e-mail from Plaintiffs counsel Alvarez re: LHR 0.20 deposition of Suzanne Crawford 10/18/18 Preparation of email response to Plaintiffs counsel Alvarez re: LHR 0.20 deposition of Suzanne Crawford 10/18/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Alvarez re: deposition of Suzanne Crawford 10/18/18 Receipt and review of email response from Crawford's counsel LHR 0.20 Oldehoff to Plaintiffs counsel Alvarez re: deposition of Suzanne Crawford 10/18/18 Receipt and review of e-mail from Crawford's counsel Oldehoff LHR 0.20 to Plaintiffs counsel Alvarez re: advising Suzanne Crawford requires subpoena for deposition and providing service address for same. 10/18/18 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Alvarez to Crawford's counsel Oldehoff re: acknowledging Suzanne Crawford requires subpoena for deposition and requesting if she will accept service by email. 10/18/18 Receipt and review of second e-mail from Crawford's counsel LHR 0.20 Oldehoff to Plaintiffs counsel Alvarez re: Suzanne Crawford will require formal service of subpoena and will not accept email service of same. 10/18/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Alvarez to Crawford's counsel Oldehoff re: acknowledging Suzanne Crawford requires formal service of subpoena for deposition and will so proceed. 10/18/18 Receipt and review of third email from Crawford's counsel LHR 0.20 Oldehoff to Plaintiffs counsel Alvarez re: deposition of Suzanne Crawford. 10/22/18 Telephone conference with Adrian Alvarez, Esq., plaintiffs RKD 0.20 counsel, re: original executed authorizations to the Internal Revenue Service, pertaining to plaintiff, Lief Broberg's tax records. 10/23/18 Revisions to initial draft of Motion in Limine on Atlantic Land's AGA 0.40 decision not to retain plaintiff. 10/23/18 Revisions to initial draft of Motion in Limine on the Byron Harris AGA 0.40 incident. 10/23/18 Revisions to initial draft of Defendant, City's Motion in Limine to AGA 0.50 Exclude References or Testimony Comparing the Return of Plaintiffs Service Weapon to a K-9 Officer not Getting his Dog. Page 502 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 8 PROFESSIONAL SERVICES Date Services Attorney Hours 10/23/18 Correspondence to Tracey DeCarlo, City attorney, re: proposed AGA 0.30 Motions in Limine to Exclude Reference or Testimony Comparing the Return of Plaintiff's Service Weapon to a K-9 Officer not Getting His Dog, to Exclude Allegations Regarding Christopher Crawford's Alleged Misconduct and the Wilson Pierre Murder Investigation,to Exclude Evidence of Atlantic Land's Decision Not to Retain Plaintiff, and to Exclude Evidence of, or Reference to, the Byron Harris Incident and Investigation. 10/23/18 Receipt and review of e-mail from LaTia West, Leon County JHL 0.40 Clerk of the Circuit Court and Comptroller, re: opinion regarding non-economic damages in Whistle-Blowers' cases. 10/23/18 Telephone conference with Latia West of Leon County Clerk of JHL 0.30 Courts re: finding opinion on non-economic damages in Whistle-Blowers' cases for use in motion in limine to exclude evidence of Atlantic Land's decision not to retain Plaintiff and Motion for Summary Judgment. 10/24/18 Preparation of correspondence to Julie Oldbury, Risk Manager, LHR 0.30 City of Boynton Beach, re: enclosing Defendant's Final Response to Plaintiffs Third Request to Produce. 10/24/18 Preparation of Defendant, City of Boynton Beach's Final LHR 0.30 Response to Plaintiffs Third Request to Produce. 10/24/18 Telephone conference with Julie Oldbury, City, re: deposition of AGA 0.30 Ronald Ryan. 10/24/18 Preparation of e-mail to Julie Oldbury, City, re: deposition of AGA 0.20 Ronald Ryan. 10/24/18 Telephone conference with Larry Colagiovanni re: his AGA 0.20 deposition. 10/24/18 Preparation of Notice of Taking Videotaped Deposition of Larry AGA 0.30 Colagiovanni. 10/24/18 Preparation of Subpoena for Videotaped Deposition of Larry AGA 0.20 Colagiovanni. 10/24/18 Preparation of e-mail to Larry Colagiovanni re: his deposition. AGA 0.20 10/24/18 Preparation of e-mail to Adrian Alvarez, counsel for Plaintiff, re: AGA 0.20 deposition of Larry Colagiovanni in Washington. 10/24/18 Receipt and review of e-mail from Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: deposition of Larry Colagiovanni in Washington. 10/24/18 Preparation of second email to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: deposition of Larry Colagiovanni in Washington. 10/24/18 Receipt and review of second e-mail from Adrian Alvarez, AGA 0.20 counsel for Plaintiff, re: deposition of Larry Colagiovanni in Washington. 10/24/18 Preparation of third email to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: deposition of Larry Colagiovanni in Washington. 10/24/18 Initial drafting of proposed pre-trial stipulation for trial. JHL 2.70 Page 503 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414 - Broberg v. Boynton Beach et al. Page 9 PROFESSIONAL SERVICES Date Services Attorney Hours 10/24/18 Receipt and review of e-mail from Larry Colagiovanni re: his AGA 0.20 deposition. 10/24/18 Receipt and review of e-mail from Julie Oldbury, City, re: the AGA 0.20 deposition of Ronald Ryan. 10/24/18 Telephone conference with Plaintiffs counsel Alvarez re: LHR 0.30 Mediation. 10/25/18 Correspondence to Adrian Alvarez, counsel for Plaintiff, re: AGA 0.30 Defendant, City of Boynton Beach's, Motions in Limine to Exclude Evidence of Atlantic Land's Decision Not to Retain Plaintiff, to Exclude Evidence of, or Reference to,the Byron Harris Incident and Investigation, to Exclude References or Testimony Comparing the Return of Plaintiffs Service Weapon to a K-9 Officer Not Getting His Dog, and to Exclude Allegations Regarding Christopher Crawford's Alleged Misconduct and the Wilson Pierre Murder Investigation. 10/25/18 Receipt and review of e-mail from Tracey DeCarlo, City AGA 0.20 attorney, re: no changes to our proposed Motions in Limine. 10/25/18 Preparation of email response to Tracey DeCarlo, City attorney, AGA 0.20 re: no changes to our proposed Motions in Limine. 10/25/18 Initial drafting of proposed verdict form for trial. JHL 1.00 10/25/18 Receipt and review of Plaintiffs Cross-Notice of Taking LHR 0.20 Videotaped Deposition for Use at Trial of Lawrence Colagiovanni. 10/25/18 Correspondence to Julie Oldbury, City, re: confirming City does AGA 0.30 not want to file a Proposal for Settlement. 10/25/18 Receipt and review of e-mail from Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: hearing on City's objections to Plaintiffs Third Request to Produce. 10/27/18 Research of case law for Memorandum of Law regarding GT 3.20 confidentiality and exemption from public records requests and discovery in preparation for upcoming hearing on Plaintiffs Third Request to Produce. 10/28/18 Additional research of case law in support of Motion for JHL 1.50 Summary Judgment. 10/29/18 Preparation of email response to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: hearing on City's objections to Plaintiffs Third Request to Produce. 10/29/18 Receipt and review of e-mail from Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: mediation. 10/29/18 Telephone conference with Adrian Alvarez, Esq., plaintiffs RKD 0.20 counsel re: status of original authorization for release of tax records from the IRS, executed by plaintiff, Lief Broberg. 10/29/18 Preparation of second email to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: mediation. Page 504 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414- Broberg v. Boynton Beach et al. Page 10 PROFESSIONAL SERVICES Date Services Attorney Hours 10/29/18 Receipt and review of second e-mail from Adrian Alvarez, AGA 0.20 counsel for Plaintiff, re: hearing on City's objections to Plaintiffs Third Request to Produce. 10/29/18 Preparation of third email to Adrian Alvarez, counsel for AGA 0.20 Plaintiff, re: mediation. 10/29/18 Telephone conference with Taco Bell Counsel Alan Kowalcyzk LHR 0.30 re: discussions concerning former manager Volma Peterson and strategy for same. 10/29/18 Preparation of e-mail to City Risk Manager Julie Oldbury re: LHR 0.20 Mediation. 10/29/18 Preparation of e-mail to Plaintiffs counsel Alvarez re: LHR 0.20 Mediation. 10/29/18 Receipt and review of email response from City Risk Manager LHR 0.20 Julie Oldbury re: Mediation and potential for Brit excess adjuster Christine O'Brien to attend same as well. 10/29/18 Preparation of second email to City Risk Manager Julie Oldbury LHR 0.20 re: agreement with recommendation for Brit excess adjuster Christine O'Brien to attend Mediation and will contact her to arrange phone attendance. 10/29/18 Preparation of e-mail to Gallagher Bassett adjuster Colleen LHR 0.20 Edwards& Brit excess adjuster Christine O'Brien re: Mediation and their potential attendance at same. 10/29/18 Receipt and review of email response from Gallagher Bassett LHR 0.20 representative Colleen Edwards re: Mediation and confirmation she can be available for same by phone if needed during course of mediation. 10/29/18 Correspondence to Julie Oldbury, City, re: confirm City will AGA 0.30 reimburse Christopher and Suzanne Crawford for their travel and attendance at trial. 10/29/18 Receipt and review of Plaintiffs Notice of Hearing on Defendant LHR 0.20 City's Response to Plaintiffs Third Request to Produce. 10/29/18 Telephone conference with US Attorney Stephen Petrie re: LHR 0.30 status of FBI and Federal prosecution documentation. 10/29/18 Second telephone conference with US Attorney Stephen Petrie LHR 0.30 re: Form 71 Citizen Complaint and additional documentation from the FBI involving the Plaintiff Broberg. 10/29/18 Research case law in support of City's memorandum of law in JHL 2.30 support of its discovery objections. 10/30/18 Initial drafting of City's memorandum of law in support of its JHL 3.40 discovery objections on Plaintiffs Third Request to Produce for upcoming hearing. 10/31/18 Preparation of e-mail to Larry Colagiovanni re: FBI videos and AGA 0.30 audio of Mr. Broberg's interviews. 10/31/18 Preparation of e-mail to Stuart Robinson re: FBI videos and AGA 0.30 audio of Mr. Broberg's interviews. Page 505 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 15414- Broberg v. Boynton Beach et al. Page 11 PROFESSIONAL SERVICES Date Services Attorney Hours 10/31/18 Correspondence to Julie Oldbury, City, re: outcome of AGA 1.20 telephone conference with Larry Colagiovanni and Christopher Crawford. 10/31/18 Receipt and review of e-mail from Stuart Robinson re: FBI AGA 0.20 videos and audio of Mr. Broberg's interviews. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 27.50 165.00 4,537.50 GT Gemma Torcivia, Associate 3.20 140.00 448.00 JHL Jordan H. Lewis,Associate 20.70 140.00 2,898.00 LHR Lyman H. Reynolds, Jr., Partner 17.40 165.00 2,871.00 RKD Rebecca K. Davis, Paralegal 1.20 80.00 96.00 Total Professional Services 70.00 $10,850.50 DISBURSEMENTS Date Description Amount 10/31/18 Subpoena Fees#LAS-2018015155 service: Attiya Anthony 84.00 re: Broberg - Legal Advocate Services, Inc. Total Disbursements $84.00 CURRENT BILL TOTAL AMOUNT DUE $ 10,934.50 Balance Forward: 4,803.02 Payments&Adjustments: -4,803.02 Total Due: $ 10,934.50 Page 506 of 697 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 43652 Bill Date: November 7, 2018 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 15414 Matter Name: Broberg v. Boynton Beach et al. Total Professional Services 10,850.50 Total Disbursements 84.00 CURRENT BILL TOTAL AMOUNT DUE $ 10,934.50 Balance Forward: 4,803.02 Payments&Adjustments: -4,803.02 Total Due: $ 10,934.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $10,934.50 Page 507 of 697 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No.65-0004867 City of Boynton Beach November 7, 2018 Attn: Julie Oldbury Bill No. 43654 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Jean-Baptiste v. Boynton Beach et al. 18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 10/31/18 PROFESSIONAL SERVICES Date Services Attorney Hours 10/02/18 Correspondence to Tracey DeCarlo and Ryan Abrams re: LHR 0.30 retention of shared expert. 10/03/18 Telephone conference with Plaintiff counsel Ryan Abrams re: LHR 0.20 potential retention of expert Dr. Peters. 10/04/18 Correspondence to Plaintiffs counsel Anderson and LHR 0.20 Co-Defendant's counsel Cherof, DeCarlo&Abrams re: depositions of Plaintiffs Renette & Kevens Jean-Bapiste. 10/04/18 Telephone conference with City Attorney Ryan Abrams re: LHR 0.30 retention of expert Dr. John Peters. 10/04/18 Receipt and review of e-mail from Ryan Abrams, counsel for LHR 0.20 City, re: issues with expert Dr. John Peters. 10/06/18 Receipt and review of e-mail from Ryan Abrams, City attorney, LHR 0.30 re: approval for hiring Dr. Peters. 10/08/18 Preparation of e-mail to Ryan Abrams, counsel for Boynton, re: LHR 0.20 City has approved the hiring of Dr. Peters. 10/16/18 Preparation of correspondence to Kevin Anderson, Esq., LHR 0.30 plaintiffs counsel, re: follow-up on status of Plaintiffs Answers and Responses to Defendant, Jones' Interrogatories and Request to Produce, propounded on the plaintiff, September 6, 2018. 10/16/18 Preparation of draft Request for Admissions to Plaintiff. JHL 1.80 10/17/18 Telephone conference with Erica Chaplin, Esq., Plaintiffs JHL 0.20 counsel, requesting extension to file Plaintiffs Answers and Responses to Defendant Jones' Interrogatories and Request for Production. Page 508 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18352-Jean-Baptiste v. Boynton Beach et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/17/18 Receipt and review of e-mail from Erica Chaplin, Esq., Plaintiffs LHR 0.20 counsel, requesting extension to file Plaintiffs Answers and Responses to Defendant Jones' Interrogatories and Request for Production. 10/17/18 Preparation of email response to Erica Chaplin, Esq., Plaintiffs LHR 0.20 counsel, granting extension to file Plaintiffs Answers and Responses to Defendant Jones' Interrogatories and Request for Production. 10/23/18 Receipt and review of Plaintiff Kevens Jean-Baptiste's LHR 1.20 Response to Defendant Jones' Request to Produce, Notice of Serving same, and responsive documentation attached thereto (113 pgs). 10/23/18 Revisions to initial draft of Request for Admissions to Plaintiff. AGA 0.60 10/29/18 Telephone conference with Tracey DeCarlo, Esq., City's AGA 0.30 Attorney re status of requested documents and case materials related to subject incident and arrest of Plaintiff. 10/29/18 Receipt and review of e-mail from Tracey DeCarlo, Esq., City's LHR 0.20 Attorney re update on status of requested documents and case materials related to subject incident and arrest of Plaintiff. 10/29/18 Receipt and review of e-mail from Ryan Abrams, City counsel, LHR 0.20 re: documents requested from the City of Boynton Beach. 10/29/18 Preparation of email response to Ryan Abrams, City counsel, LHR 0.20 re: documents requested from the City of Boynton Beach. 10/29/18 Receipt and review of second e-mail from Ryan Abrams, City LHR 0.20 counsel, re: documents requested from the City of Boynton Beach. 10/30/18 Receipt and review of e-mail from Dr. John Peters, defense LHR 0.20 expert, enclosing W9 and review attachment thereto. 10/30/18 Preparation of correspondence to Julie Oldbury, Director of HR LHR 0.20 & Risk Management, City of Boynton Beach, re: retainer fee for Dr. John Peters, defense expert, for the City and Officer Jones. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G.Amigo, Partner 0.90 165.00 148.50 JHL Jordan H. Lewis, Associate 2.00 140.00 280.00 LHR Lyman H. Reynolds, Jr., Partner 4.80 165.00 792.00 Total Professional Services 7.70 $1,220.50 Page 509 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18352 -Jean-Baptiste v. Boynton Beach et al. Page 3 DISBURSEMENTS Date Description Amount 10/23/18 Photocopies 33.90 Total Disbursements $33.90 CURRENT BILL TOTAL AMOUNT DUE $ 1,254.40 Balance Forward: 544.00 Payments&Adjustments: -544.00 Total Due: $ 1,254.40 Page 510 of 697 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 43654 Bill Date: November 7, 2018 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 18352 Matter Name: Jean-Baptiste v. Boynton Beach et al. Total Professional Services 1,220.50 Total Disbursements 33.90 CURRENT BILL TOTAL AMOUNT DUE $ 1,254.40 Balance Forward: 544.00 Payments&Adjustments: -544.00 Total Due: $ 1,254.40 Past Due Balance 0.00 TOTAL AMOUNT DUE $1,254.40 Page 511 of 697 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone(561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach November 7, 2018 Attn: Julie Oldbury Bill No. 43653 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Cooper v. Boynton Beach, et al. 18346 Claim #N/A BILL FOR FEES AND COSTS THROUGH 10/31/18 PROFESSIONAL SERVICES Date Services Attorney Hours 10/01/18 Receipt and review of Plaintiffs Memorandum in Opposition to LHR 0.40 Defendants Rivera and Villari's Motion to Dismiss Plaintiffs Amended Complaint&to Strike Claim for Punitive Damages. 10/01/18 Review of Plaintiffs memorandum in opposition to Defendants' JHL 0.60 Motion to Dismiss and Motion to Strike Claim for Punitive Damages. 10/02/18 Correspondence to Tracey DeCarlo and Ryan Abrams re: LHR 0.30 retention of shared expert. 10/02/18 Initial drafting of reply to Plaintiffs memorandum in opposition JHL 2.90 to Defendants' Motion to Dismiss and Motion to Strike Claim for Punitive Damages. 10/02/18 Receipt and review of e-mail from Ryan Abrams, City attorney, LHR 0.20 re: retaining possible expert. 10/02/18 Preparation of email response to Ryan Abrams, City attorney, LHR 0.20 re: retaining possible expert. 10/02/18 Receipt and review of second e-mail from Ryan Abrams, City LHR 0.20 attorney, re: retaining possible expert. 10/02/18 Preparation of second email to Ryan Abrams, City attorney, re: LHR 0.20 retaining possible expert. 10/03/18 Telephone conference with Plaintiff counsel Ryan Abrams re: LHR 0.30 retention of Dr. Peters as expert. 10/03/18 Receipt and review of e-mail from Ryan Abrams, City attorney, LHR 0.20 re: confirming shared expert Dr. Peters. 10/03/18 Preparation of email response to Ryan Abrams, City attorney, LHR 0.20 re: confirming shared expert Dr. Peters. Page 512 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346 -Cooper v. Boynton Beach, et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 10/04/18 Revisions to initial draft of Defendants' Reply to Plaintiffs AGA 0.50 Memorandum in Opposition to Defendants' Motion to Dismiss and Motion to Strike. 10/04/18 Correspondence to Julie Oldbury, City, re: Defendants' Reply to AGA 0.30 Plaintiffs Memorandum in Opposition to Defendants' Motion to Dismiss and Motion to Strike. 10/04/18 Research of southern district of Florida cases where court AGA 2.00 granted motions to dismiss on basis of qualified immunity in preparation of final draft reply to plaintiffs response in opposition to defendants' Motion to Dismiss. 10/04/18 Correspondence to Plaintiffs counsel Lawson and LHR 0.20 Co-Defendants' counsels Lundy, Cherof, DeCarlo, Abrams, Williams, and Butler re: deposition of Plaintiff Matthew Cooper as Personal Rep. of Estate of Russell Cooper, Mediation, and suggested mediators. 10/04/18 Receipt and review of e-mail from Ryan Abrams, counsel for LHR 0.20 City, re: confirming retention of expert Dr. John Peters and our firm taking the lead on same. 10/05/18 Receipt and review of Court's executed Order Substituting LHR 0.20 Party Plaintiff. 10/10/18 Organizing and logging in records obtained from Ryan Abrams, RKD 2.30 Esq.,Attorney for City of Boynton Beach, including incident reports, recordings, photographs, personnel and internal affairs files, department policies, and other relevant case materials. 10/11/18 Preparation of correspondence to W. Craig Lawson, Esq., LHR 0.30 plaintiffs counsel re: status of Plaintiffs Answers and Responses to Defendant Rivera's Interrogatories and Defendants, Villari's and Rivera's Request to Produce propounded on the Plaintiff September 6, 2018. 10/11/18 Preparation of correspondence to City Attorneys, Tracey LHR 0.60 DeCarlo, Esq., and Ryan Abrams, Esq., re: status of additional documents from the City of Boynton Beach pertaining to plaintiff, Russell Hugh Cooper. 10/11/18 Telephone conference with Dr. John Peters re confirm RKD 0.30 documents needed for initial review. 10/11/18 Preparation of correspondence to Dr. Peters, defense expert LHR 0.60 re: enclosing materials for review, analysis and opinion of same. 10/11/18 Preparation of USB drive containing voluminous materials for RKD 1.50 defense expert, Dr. Peter's, review, analysis and opinion of same. 10/11/18 Preparation of public records request, directed to Department LHR 0.60 of Highway and Safety Motor Vehicles, for records pertaining to plaintiff, Russell Cooper. Page 513 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346-Cooper v. Boynton Beach, et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 10/11/18 Preparation of public records request directed to Florida LHR 0.60 Department of Law Enforcement, for police records pertaining to Marco A. Villari, and Cynthia G. Rivera. 10/12/18 Receipt and review of e-mail from Co-Defendant City's counsel LHR 0.20 Ryan Abrams re: deposition of Matthew Cooper and status of mediation. 10/12/18 Preparation of e-mail to Plaintiffs counsel Lawson re: LHR 0.20 deposition of Matthew Cooper. 10/12/18 Receipt and review of e-mail from Co-Defendants' counsel LHR 0.20 Lundy re: deposition of Matthew Cooper. 10/12/18 Receipt and review of e-mail from Co-Defendants' counsel LHR 0.20 Lundy re: deposition of Matthew Cooper. 10/12/18 Preparation of e-mail to Plaintiffs counsel Lawson, and LHR 0.20 Co-Defendants' counsels Lundy&Abrams re: deposition of Matthew Cooper. 10/12/18 Preparation of public records request directed to Palm Beach LHR 0.60 County State Attorney's Office,for records pertaining to plaintiff, Russell Hugh Cooper. 10/12/18 Preparation of public records request directed to Palm Beach LHR 0.60 County Clerk of Court Criminal Division, for records pertaining to plaintiff, Russell Hugh Cooper. 10/12/18 Receipt and review of Defendant Bradshaw's Notice of LHR 0.40 Production from Non-Party and proposed subpoenas to Records Custodians of Columbia Hospital, Lake Worth Gardens Assisted Living Facility, PB County Fire Rescue, Dr. Dana Dresser, American Medical Response, Dr. Sadhana Shah, Dr. Larry Bush, Dr. Shamsad Begum, JFK Medical Center, South County Mental Health Center, Sandy Pines Rehab, Dr. Craig Senzon, Dr. Juan Sardina, Dr. Kleper De Almeida, Woodlake Health & Rehabilitation Center, Dr. Dresser, Lake Worth Fire Rescue, Dr.Anna Raquel Mateo Bibeau, Dr. Raquel Bibeau, Dr. Berkowitz, St. Mary's Medical Center, Brookdale Lake Worth Senior Living, Dr. Orlando Cuadra, and ManorCare Health Services of Delray. 10/12/18 Receipt and review of e-mail from Ryan Abrams, City Attorney LHR 0.20 re: enclosing additional requested records pertaining to subject case and officers. 10/12/18 Preparation of email response to Ryan Abrams, City Attorney, LHR 0.20 re: additional requested records pertaining to subject case and officers. 10/12/18 Receipt and review of additional requested records pertaining LHR 0.50 to subject case and officers, received from City Attorney, Ryan Abrams. 10/15/18 Meeting with associate& paralegal re: initial trial preparation. LHR 1.00 10/16/18 Receipt and review of e-mail from Co-Defendants' counsel LHR 0.20 Butler re: status of case. Page 514 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 10/16/18 Receipt and review of Defendant City's Request for Copies to LHR 0.20 Defendant Bradshaw for records received pursuant to his Notice of Production from Non-Party dated October 12, 2018. 10/16/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.20 deposition of Matthew Cooper, Mediation, and his agreement with proposed mediators. 10/16/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Lawson re: deposition of Matthew Cooperman and Mediation, and requesting his client's attendance to same by phone. 10/16/18 Receipt and review of third email from Plaintiffs counsel LHR 0.20 Lawson re: advising his client lives in Michigan and reiterating his request for Mr. Cooper to attend his deposition and Mediation by phone. 10/16/18 Preparation of email response to Plaintiffs counsel Lawson re: LHR 0.20 acknowledging his request for his client to attend his deposition by phone and will discuss with clients and advise. 10/16/18 Receipt and review of email response from Co-Defendants' LHR 0.20 counsel Lundy re: her objection to Mr. Cooper attending his deposition by phone and requiring he attend in venue in which case filed. 10/16/18 Receipt and review of e-mail from Co-Defendant Bradshaw's LHR 0.20 counsel Butler re: deposition of Personal Representative Matthew Cooper, objection to his attending deposition telephonically, and status of Mediation. 10/16/18 Preparation of draft Request for Admissions to Plaintiff. JHL 1.70 10/16/18 Preparation of correspondence to Tracey DeCarlo, Esq., and LHR 0.60 Ryan Abrams, Esq., re: requesting clarification of additional documents provided pertaining to subject arrest of plaintiff.. 10/16/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.20 requesting additional two week extension for Plaintiff to serve responses our outstanding discovery and requesting if any objection to his filing of Sur Reply to Defendants' Reply to Plaintiffs Response to Defendants Villari & Rivera's Motion to Dismiss. 10/16/18 Preparation of email response to Plaintiffs counsel Lawson re: LHR 0.20 agreement with his request for additional two weeks for Plaintiff to serve discovery responses and confirming will hold off on filing a Motion to Compel same, and advising we do object to his filing of Sur Reply to Defendants' Reply to Plaintiffs Response to Defendants Villari & Rivera's Motion to Dismiss. 10/16/18 Receipt and review of correspondence from Palm Beach LHR 0.20 County State Attorney's Office re: status of public records request. 10/16/18 Review pleadings from Co-Defendants and Plaintiff in GT 1.50 preparation for discovery to Plaintiff. Page 515 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 5 PROFESSIONAL SERVICES Date Services Attorney Hours 10/17/18 Receipt and review of Defendants Armor Correctional, et al.'s LHR 0.20 Request for Copies to Defendant Bradshaw's Notice of Production from Non-Party dated October 12, 2018. 10/17/18 Receipt and review of e-mail from Co-Defendant City's counsel LHR 0.20 Abrams to Plaintiffs counsel Lawson re: City's requirement for Mr. Cooper to appear in person at his deposition and Mediation and status of Mediation. 10/19/18 Preparation of Defendants, Cynthia Rivera and Marco A. LHR 0.30 Villari's Request for Copies, directed to Defendant, Ric Bradshaw's Notice of Production from Non-Party, dated October 12, 2018. 10/19/18 Correspondence to City Risk Manager Julie Oldbury re: LHR 0.20 Plaintiffs request for Estate's personal representative Matthew Cooper to attend his deposition by phone, advising of position concerning same, and requesting authority for same. 10/19/18 Receipt and review of records from Palm Beach County State LHR 2.00 Attorneys Office pertaining to Russell Hugh Cooper, pursuant to public records request. 10/19/18 Receipt and review of audio recording of 911 call from the Palm LHR 0.20 Beach County State Attorney's Office, pertaining to plaintiff, Russell Hugh Cooper, pursuant to public records request. 10/20/18 Review completed discovery from Plaintiff to prepare for GT 1.50 supplemental discovery to Estate Personal Representative. 10/22/18 Preparation of correspondence to Dr. John Peters, defense LHR 0.30 expert, re: enclosing additional materials for review, analysis, and opinion of same. 10/22/18 Preparation of additional materials for defense expert, Dr. John RKD 1.00 Peter's review, analysis, and opinion of same. 10/22/18 Receipt and review of e-mail from Craig Lawson, plaintiffs LHR 0.20 counsel re: Defendant, Rivera and Villari's Request for Copies to Defendant, Bradshaw's Notice of Production from Non-Party and request for records be made and forwarded. 10/23/18 Receipt and review of email response from Ryan Abrams. Esq., LHR 0.20 City Attorney re: enclosing additional documents. 10/23/18 Receipt and review of files for Mulheisen, CAD report, and zip LHR 1.00 file with personnel docs for Mulheisen as provided by City Attorney, Ryan Abrams, Esq. 10/23/18 Receipt and review of e-mail from Bradshaw's counsel Butler LHR 0.20 re: Mediation, agreement to Rodney Romano or Patrick Massa, and deposition of Matthew Cooper in Florida. 10/23/18 Receipt and review of second e-mail from Ryan Abrams. Esq., LHR 0.20 City Attorney re: enclosing additional documents. 10/23/18 Receipt and review of e-mail from Plaintiffs counsel Lawson to LHR 0.20 Bradshaw's counsel Butler re: deposition of Personal Representative Matthew Cooper. Page 516 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346 -Cooper v. Boynton Beach, et al. Page 6 PROFESSIONAL SERVICES Date Services Attorney Hours 10/24/18 Receipt and review of correspondence from Palm Beach LHR 0.20 County Clerk of Court, Criminal Division, for records pertaining to Russell Hugh Cooper, pursuant to public records request. 10/24/18 Receipt and review of Defendant Bradshaw's Certificate of LHR 0.20 Non-Objection to his Notice of Production from Non-Party dated October 12, 2018. 10/24/18 Receipt and review of e-mail from City Risk Manager Julie LHR 0.20 Oldbury re: advising City will require Mr. Cooper to appear in person for his deposition. 10/24/18 Preparation of email response to City Risk Manager Julie LHR 0.20 Oldbury re: acknowledging and confirming City will require Mr. Cooper to appear in person for his deposition. 10/26/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.20 deposition of Matthew Cooper and Mediation. 10/26/18 Receipt and review of email response from Defendant LHR 0.20 Bradshaw's counsel Butler to Plaintiffs counsel Lawson re: deposition of Matthew Cooper and advising of agreement to Rodney Romano or Patrick Massa as Mediator. 10/26/18 Receipt and review of email response from Plaintiffs counsel LHR 0.20 Lawson to Defendant Bradshaw's counsel Butler re: deposition of Matthew Cooper and status of Mediation. 10/26/18 Preparation of email response to Plaintiffs counsel Lawson, LHR 0.20 Bradshaw's counsel Butler, and City Attorney Abrams re: deposition of Matthew Cooper. 10/26/18 Receipt and review of email response from City Attorney Ryan LHR 0.20 Abrams re: deposition of Matthew Cooper&status of mediation. 10/26/18 Preparation of second email to Plaintiffs counsel Lawson, LHR 0.20 Bradshaw's counsel Butler, and City Attorney Abrams re: deposition of Matthew Cooper and need for early start. 10/26/18 Receipt and review of second e-mail from City Attorney Ryan LHR 0.20 Abrams re: deposition of Matthew Cooper. 10/26/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Lawson re: deposition of Matthew Cooper and requesting late morning start. 10/26/18 Preparation of second e-mail response to Plaintiffs counsel LHR 0.20 Lawson re: deposition of Matthew Cooper and afternoon hearing conflict. 10/26/18 Receipt and review of third email from Plaintiffs counsel LHR 0.10 Lawson re: deposition of Matthew Cooper. 10/26/18 Preparation of third email to Plaintiffs counsel Lawson re: LHR 0.10 deposition of Matthew Cooper. 10/27/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.20 deposition of Estate Personal Representative Matthew Cooper. Page 517 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346 -Cooper v. Boynton Beach, et al. Page 7 PROFESSIONAL SERVICES Date Services Attorney Hours 10/27/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Lawson re: deposition of Estate Personal Representative Matthew Cooper and his resolving his conflicts concerning same. 10/27/18 Preparation of email response to Plaintiffs counsel Lawson re: LHR 0.20 acknowledging his resolution of his conflicts for deposition of Estate Personal Representative Matthew Cooper and status of noticing same. 10/29/18 Receipt and review of Defendants Armor Correctional, et al.'s LHR 0.30 Notice of Production from Non-Party and Subpoenas to Records Custodians of Boca Raton Regional Hospital and Trustbridge Hospice. 10/29/18 Preparation of Notice of Taking Deposition of Estate Personal LHR 0.20 Representative Matthew Cooper. 10/29/18 Additional revisions to draft Request for Admission's to AGA 0.60 Plaintiff/estate. 10/29/18 Preparation of Defendant, Marco Villari's Interrogatories to LHR 1.70 Plaintiff, Matthew Cooper, as Personal Representative of the Estate of Russell Hugh Cooper, and Notice of serving same. 10/29/18 Telephone conference with Dr John Peters, defense expert, re RKD 0.20 expert disclosures report due November 9, 2018. 10/30/18 Receipt and review of e-mail from Plaintiffs counsel Lawson re: LHR 0.20 requesting additional extension for Plaintiffs responses to Defendants'discovery. 10/30/18 Preparation of email response to Plaintiffs counsel Lawson re: LHR 0.20 advising of no objection to his requested extension for Plaintiffs responses to Defendants' discovery. 10/30/18 Receipt and review of second e-mail from Plaintiffs counsel LHR 0.20 Lawson re: acknowledging &confirming no objection to his requested extension for Plaintiffs responses to Defendants' discovery. 10/30/18 Receipt and review of e-mail from Dr. John Peters, defense LHR 0.20 expert, enclosing W9 and review attachment thereto. 10/30/18 Preparation of correspondence to Julie Oldbury, Director of HR LHR 0.20 & Risk Management, City of Boynton Beach, re: retainer fee for Dr. John Peters, defense expert, for the City and Officers Villari and Rivera. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGA Andrea G. Amigo, Partner 3.40 165.00 561.00 GT Gemma Torcivia,Associate 3.00 140.00 420.00 Page 518 of 697 Client: City of Boynton Beach November 7, 2018 Matter: 18346- Cooper v. Boynton Beach, et al. Page 8 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount JHL Jordan H. Lewis, Associate 5.20 140.00 728.00 LHR Lyman H. Reynolds, Jr., Partner 24.80 165.00 4,092.00 RKD Rebecca K. Davis, Paralegal 5.30 80.00 424.00 Total Professional Services 41.70 $6,225.00 DISBURSEMENTS Date Description Amount 10/11/18 Delivery, Messenger Services#869341375628: Dr. John 44.44 Peters, John Peters &Assoc. - Federal Express 10/12/18 Photocopies 37.50 10/15/18 Outside Printing DDL Records- Division of Driver's 12.50 Licenses 10/15/18 Outside Printing FDLE Records - Florida Department of 24.00 Law Enforcement 10/24/18 Outside Printing Circuit Criminal Division Records-Sharon 15.50 R. Bock Clerk and Comptroller Total Disbursements $133.94 CURRENT BILL TOTAL AMOUNT DUE $ 6,358.94 Balance Forward: 5,656.00 Payments&Adjustments: -5,656.00 Total Due: $ 6,358.94 Page 519 of 697 6.L. CONSENTAGENDA 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Approve the minutes from City Commission meeting held on November 7, 2018. EXPLANATION OF REQUEST: The City Commission met on November 7, 2018 and minutes were prepared from the notes taken at the meeting. 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 11-07-18 Page 520 of 697 MINUTES OF THE REGULAR CITY COMMISSION MEETING HELD ON TUESDAY, NOVEMBER 7, 2018, AT 6:30 P.M. AT THE INTRACOASTAL PARK CLUBHOUSE, 2240 N. FEDERAL HIGHWAY, BOYNTON BEACH, FLORIDA PRESENT: Christina Romelus, Vice Mayor Lori LaVerriere, City Manager Justin Katz, Commissioner James Cherof, City Attorney Mack McCray, Commissioner Judith A. Pyle, City Clerk ABSENT Steven B. Grant, Mayor 1. OPENINGS A. Call to Order Vice Mayor Romelus called the meeting to order at 6:30 p.m. Invocation Commissioner McCray 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 Commissioner McCray wanted to pull the Minutes for discussion. Vice Mayor Romelus asked if Commissioner Katz wanted to move forward with the ordinance regarding lobbyist on the Future Agenda. Pointed out the Constitutional amendment regarding lobbyist, passed on November 6t11 2018 State's election. Commissioner Katz wanted to leave the lobbyist ordinance on Future Agenda. He would contact the Legal Department to make sure that his intent was covered by the Constitutional amendment which the State of Florida passed in the November 6th election. 2. Adoption Page 521 of 697 Meeting Minutes City Commission Boynton Beach, Florida November7, 2018 Motion Commissioner Katz moved to approve the agenda as amended. Commissioner McCray seconded the motion. to The motion unanimously passed. 2. OTHER A. Informational Items by Members of the City Commission Commissioner Katz met with Bonnie Miskel and representatives from McDonalds. As a local teacher and the Teachers' Union President, he was pleased with the overwhelming support for the school referendum to increase safety and security, protect the fine arts, and increase teachers pay passed by 72%. He thanked all of those who supported the referendum. Commissioner McCray asked in regards to safety for the schools; has the City received any reimbursement for the security personnel. Ms. LaVerriere asked if the Finance Director received any funds from the County for the personnel reimbursement. Mara Frederiksen, Finance Director, responded the Finance Department has not received any reimbursements. Ms. LaVerriere suggested she will consult with Chief Gregory. Commissioner McCray requested an estimate of the amount owed the City by Palm Beach County. Ms. LaVerriere indicated the School Resource Officers rates are $110. per hour. Commissioner McCray thanked everyone involved in the volunteer dinner. Thanked Mr. Moore who works in sanitation. Noted he appreciates staff at the Ezell Hester Center and wanted to thank them for all of their hard work. Thanked the Chief for his presence in the community. Staff makes all those on the dais look good. Vice Mayor Romelus complemented the wonderful staff in Boynton Beach. The Ezell Hester Center was an early voting site without any incidents. Attended the dinner for the volunteers. Thanked all the volunteers. Requested a moment of silence to pay respects for the 11 people who lost their lives and all of those who have lost their lives in the past few weeks. Attended Pirate Fest which had great attendance. Page 522 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Commission to declare the vacancy of Commission District IV seat. Vice Mayor Romelus announced the vacancy of Commission District IV seat. Explained the process to qualify. Commissioner cCray asked if the Commission can nominate from the floor. Attorney Cherof answered in the affirmative. B. Proclaim November 15, 2018 as America Recycles Day. Vice Mayor Romelus Proclaimed November 15, 2018 as America Recycles Day. Willie Puz, Director Public Affairs and Recycling Solid Waste Authority of Palm Beach County (SWA), thanked the City of Boynton Beach for the proclamation. Explained the SWA is a Dependent Special District formed by the Florida Legislature in 1975. SWA has created an awarded winning integrated system of facilities which include 2 waste energy facilities, 7 home chemicals and recycling centers, 6 transfer stations, a recycling facility, a biocell processing facility, and a landfill. Mr. Puz indicated SWA began to recycle with only five items. Today SWA accepts over 20 items for the recycling program. SWA was the only dual stream recycling in the State of Florida. In 2010 the SWA implemented a recycling revenue share program. Since 2010 the City has recycled more than 28,000 tons of items which would have gone to a landfill. The City has earned almost $700,000 just from the residents recycling. He thanked the Commission for their leadership and presented a check for $672,000 to the City of Boynton Beach. C. Proclaim November 10-18, 2018 as National Hunger and Homeless Awareness Week. Vice Mayor Romelus proclaimed November 10-18, 2018 as National Hunger and Homeless Awareness Week. Karen Smith, Representative of the Homeless Coalition of Palm Beach County, thanked the Commission for their support. There are 1308 people in Palm each County experiencing homelessness. The Coalition provides those who are experiencing homelessness for whatever reason with a place they can be safe. She thanked the Commission and said it takes the community as a whole to end homelessness. To learn more about and how to be involved go to www.homelesscoal D. Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 48th Annual Holiday Parade and Grand Marshal entry form upcoming deadlines. 3 Page 523 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Vice Mayor Romelus announced the 4801 Annual Holiday Parade and Grand Marshall entry upcoming deadlines. Mary DeGraffenreidt, Events and Programs Manager, announced the City of Boynton Beach would host its annual parade on Saturday, December 1, 2018. The parade will begin at 4:00 pm and was expected to last for 2 hours. This year's parade will feature elementary, middle, high school bands, which are sure to delight all those which attend. Mr. & Mrs. Claus will be in attendance. Immediately following the parade, the CRA will light up the park featuring "Making Faces" band. Ms. DeGraffenreidt expressed the City was currently accepting applications for the Grand Marshall, the deadline for nomination submission was November 19, 2018. E. Announce that Palm Beach County Property Appraiser's 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, November 13, 2018; and Tuesday, December 11, 2018 Vice Mayor Romelus announced the Property Appraisers office will be manning a table at the Senior Center to provide Boynton Beach residents with information regarding filing for Homestead Exemption from 1:30 pm -2:30 pm on November 13, 2018 and December 11, 2018. F. City Hall will be closed on Veterans Day, Monday, November 12, 2018. Vice Mayor Romelus announced City Hall will be closed on Veterans Day, Monday, November 12, 2018, in observance of Veterans Day. G. City Hall will be closed for the Thanksgiving holiday on Thursday, November 22 and Friday, November 23, 2018. Vice Mayor Romelus announced City Hall will be closed for the Thanksgiving holiday on November 22- 23, 2018. H. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding this year's theme of the City's Annual Calendar. Eleanor Krusell, Marketing Director, pointed out the City was currently accepting application for Unsung Superheroes in Boynton Beach. The Unsung Superhero must live in Boynton Beach and not previously been nominated. The nomination application can be obtained by calling the office at 561-742-6019, or online to Boynton- 4 Page 524 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018. Beach.org/Superheroes. The deadline for submission was November 19, 2018. The Marketing Department will choose 13 applications for the annual calendar. I. Announcement by Eleanor Krusell, Public Communications and Marketing Director, regarding the City Hall Demo Watch Party. Laura Lansburgh, Marketing Manager, announced the City of Boynton Beach would be hosting a City Hall demo watch party, on Thursday, November 15, 2018 from 4:30 pm to 6:00 pm at the School House Children Museum and Learning Center. The School House Children Museum and Learning Center was located at 129 E. Ocean Avenue. This was a free family event and will provide an opportunity to view the final demolition phase of City Hall which was the last building to be torn down as part of the Town Square redevelopment project. The Children School House Museum will remain open during the construction period. Attendees will receive a buy one get one free voucher for the entrance. Please RSVP by November 13, 2018. Residents must pre-register in order to attend. J. Announce the annual reappointment of those advisory board seats with terms expiring in December 2018. The following boards will have openings: • Arts Commission, Building Board of Adjustments and Appeals, • Citizens Oversight Committee • Community Redevelopment Agency Advisory Board • Education and Youth Advisory Board, • Golf Course Advisory Committee • Historic Resources Preservation Board Firefighters' Pension Trust Fund Board, • Police Officee Retirement Trust Fund • Library Board, • Planning and Development Board, • Recreation and Parks Board and • Senior Advisory Board. Vice Mayor Romelus announced the reappointments. Explained the vacant positions and Information on the boards and applications are available online. Applications can also be taken at the City Clerk's office in City Hall or sent to cityclerk@bbfl.us. All applicants must be registered voters in Palm Beach County. Commissioner cCray believed there was a meeting at the Carolyn Sims Center. Requested an update from Chief Gregory. Chief Gregory announced a community engagement meeting on December 5, 2018 at the Carolyn Sims Center. The Police Department will speak patrol boundary, tactics and answering general questions from the residents. Everyone was welcomed. 5 Page 525 of 697 Meeting Mmutes City Commission Boynton Beach, Florida November 7, 2018 Commissioner cCray inquired about the time of the meeting as well as how this information was being conveyed to the community. Chief Gregory responded the meeting would begin at 6:00 pm. The information was being broadcast over social media. There will be additional flyers and announcements on the website. Commissioner cCray asked if there would be flyers available to the churches and different agencies around Boynton Beach. Chief Gregory affirmed this could be done. 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) Charles Kanter, 2905 South Greenleaf Circle, declared he would like to trade his hat for the Commission seat. He was very qualified to become a Commissioner. There has been exponential growth in this community. He has volunteered to be Commissioner McCray's hand in the Community. He Informed the Commission he was the Chairman of the Quantum Park Overlay District. The City has a marvelous City government and he wants to be a part of things which are happening in Boynton each. David Katz, 67 Midwood Lane, implied it was his understanding at the October 31, 2018 Special Meeting Commissioner Katz provided evidence that he voted on Shovel Ready, then was hired by Shovel Ready. Mr. Katz provided a time line of the CRA meetings regarding the 211 East Ocean. He never voted on anything for Shovel Ready. Thomas Prakas of Prakas Company was the applicant, not Shovel Ready or their representatives. Shovel Ready engaged Mr. Katz. He indicated at no time did he cast an improper vote or do anything against the law. Commissioner Katz responded he has never accused anyone of breaking the law. The ordinance which prohibits advisory board members from becoming a lobbyist did not become an ordinance until a week ago. Because a company changes name does not mean the company was different. Commissioner Katz reiterated that he stands by everything he said in the previous meeting and was proud of that ordinance. Continued to say, he does not believe special interest should be able to buy the advisory board members. The advisory board members should not sell their positon to special interest. Drew Zuccala, Owner of Zuccala' s Wrecker Service, 633 E. Industrial Ave, has been in Boynton each for 40 years. He originally had a contract with the City for towing services. He provided some information regarding nonpayment from the vendor for services provided to the City. One has not paid the City for a year, and the other vendor has not been paid the City for 90 days. Explained he would like to get back into the service with the City of Boynton each. (information provided is attached to minutes) Susan Oyer, 140 SE 27 Way, thanked Vice Mayor Romelus for judging the Seac Estates Halloween contest. Asked if Vice Mayor Romelus would be available to judge the 6 Page 526 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Christmas and Hanukah contest. Ms. Oyer congratulated staff on the Pirate Fest. Everyone stated it was the best Pirate Fest ever. Thanked everyone for the increase in the lighting for the Commission meetings. She asked if the City Charter used the Roberts Rules of Order. Attorney Cherof remarked his recollection was Roberts Rules was not in the City Charter. It may have been in the Code provision or an unpublished Code provision regarding Roberts' rules. Ms. Oyer questioned why the long term vendors were shuffled aside, the long to vendors were not happy with this situation. Eric Corveleyn 1004 SW 16 Street, noted the RaceTrac gas station on Woolbright was an eyesore and something needed to be done. What can the City do to make them look more presentable? A brand new Wawa was approved and coming into the area. He wanted that comer to look nice as well. Vice Mayor Romelus identified Mr. Woods from Community Standards. Vice Mayor Romelus indicated she was in agreement with free enterprise. Vice Mayor Romelus saw no one else coming forward and closed public audience. 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 (NN Stu) openings exist: Building Board of Adjustments &Appeals: 1 Reg and 2 Alts Education and Youth Advisory Board: 2 STU Community Redevelopment Advisory Bd: 1 Reg Recreation & Parks l3d: 1 Reg Vice Mayor Romelus indicated there were no applicants. 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 Mcry pulled item 6.Q. 7 Page 527 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 A. PROPOSED RESOLUTION NO. R18-156 - Approve and authorize the City Manager to sign a land use agreement between the City of Boynton each and Ocean One, LLC for the 48th Annual Holiday Parade to be held December 1, 2018. B. PROPOSED RESOLUTION NO. R1 8-157 - Authorize the City to apply for the 2018 Assistance toFirefighters Grant (AFG) for a total cost of $529,282 of which the grant would be $481,166 and the City would match $48,116. C. PROPOSED RESOLUTION NO R18-158-Approve Task Order No. UT-2C-01 to CDM Smith in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category C awarded by Commission on August 7, 2018 for work in connection with Hydraulic Evaluation of Downtown Stormwater System not to exceed $62,040. D. PROPOSED RESOLUTION NO. R1 8-159 -Authorize the City Manager to sign a Piggyback Agreement with Caterpillar, Inc. and a Purchase Order for rental of a 1.000 Kilowatt (KW) emergency backup generator and cables at the East Water Treatment Plant (EWTP) from Pantropic Power Cat in Miami, FL for a monthly cost of$7,866, or an annual cost of$94,392. E. PROPOSED RESOLUTION NO. R1 8-160 -Amend the FY 2017-2018 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for Department or Fund Operating and Capital Budget. F. PROPOSED RESOLUTION NO. R18-161 -Approve the City of Boynton Beach becoming a member of the American Flood Coalition. G. PROPOSED RESOLUTION NO. R18-162 -Approve First Addenda to Agreements to add Scrutinized Companies language to all agreements entered into or renewed on ora r July 1, 2018. H. PROPOSED RESOLUTION NO. R18-163 - Approve and authorize the City Manager (or designee) to apply for the State permit necessary to temporarily close Federal Highway on Saturday, December 1, for the 48th Annual Holiday Parade. I. Approve the purchase of the Diesel Exhaust Capture System, "Plymovent" for Fire Station No. 3, for an estimated amount of $49,995.00 from Safe Air Corporation of Sarasota, FL as a sole source vendor. J. Approve purchase of four (4) Gear Dryers from Ram'd Air Gear Dryer, Ltd of Brandon, Manitoba, Canada for an estimated amount of $35,799.29 as a sole source vendor. 8 Page 528 of 697 ®n Minutes City Commission Boynton Beach, Florida November 7, 2018 K. Approve utilization of the first extension of the City of Tamarac Two Year Agreement R-2016-99 (Bid No. 16-25B)for "Lime Sludge Removal, Hauling and Disposal" with WestWind Contracting, Inc. of Pembroke Park, FL for the removal of lime sludge at the East Water Treatment Plant for an estimated annual expenditure of $95,000. The Finance Department has reviewed and determined that The City of Tamarac procurement process satisfies the City's competitive bid requirements. L. Approve purchasing from Classic Controls of Lakeland, FL for Yokagawa Instrument Products for an estimated annual amount of$40,000 as a sole source vendor. Classic Controls is the authorized dealer for this equipment in the State of Florida. M. Approve utilizing the State of Florida contract no. 41120000-15-ACS with Fisher Scientific Company, LLC for the purchase of consumable laboratory supplies for the Utilities Department, for a not-to-exceed amount of $45,000. The City of Boynton Beach's (City) purchasing policies allows for the utilization of State of Florida contracts. N. Approve release of two (2) perlbrmanoe bonds provided by First Genesis Lawn Service, Inc., one in the amount of $40,325.00, and the other in the amount of $111,230.00,for landscape maintenance in the City over the last five years. 0. Accept the written report to the Commission for purchases over$10,000 for the month of September 2018. P. Approve the purchase of replacement vehicles as approved in the fiscal year 2018- 2019 budget in the estimated amount of $394,142 by utilizing the following contracts: Florida She rifFs Association Contract #FSA18-VEL26.0 and FSA18- VEH16.0 for nine (9) replacement vehicles. The Florida She rifi`sAssociation Contracts satisfies the City's competitive bid requirements. Q. Approve the minutes from City Commission meetings held on October 2, 2018, October 16, 2018 and October 31, 2018. Commissioner cCray noted at the October 2, 2018 Commission meeting he requested legal to check to see if any other City or municipalities had any laws like the City of Boynton Beach was attempting to pass. Commissioner McCray confirmed the City Attorney Cherof was in attendance when this information was requested. At the October 16, 2018 meeting the Assistant City Attorney Bridgeman could not provide an update. It was stated by Mayor Grant when the item in question was to be voted upon, it should be done with a full board present. As of October 31, 2018 the City had a Mayor and four sifting Commissioners. This item passed with three people, which was not a full board. He was not satisfied with the way in which this was conducted. 9 Page 529 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Attorney Cherof responded he Gouid not find any City or municipality which had language which was substantially the same as the language which was presented in the City Ordinance. Commissioner McCray indicated someone in the meeting said it was not important. Commissioner McCray implied it was important. The City of Boynton Beach was a member of the League of Cities, Local, State and National. Mayor Grant was representing the City of Boynton Beach. There was no need to reinvent the process. He wanted the question answered before he made any decision on the Ordinance. What was done on October 31, 2018 by three individuals, when it was stated it should be a full board, it should not have been acted upon. Motion Commissioner McCray moved to approve the Consent Agenda as amended. Commissioner Katz seconded the motion. Vote The motion unanimously passed 7. BIDS AND PURCHASES OVER $100,000-None 8. PUBLIC HEARING - 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The it Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. PROPOSED ORDINANCE NO. 18-028 - SECOND READING - Approve the 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. Attorney Cherof read Ordinance No. 18-028 by title only into the record. Vice Mayor Romelus opened the matter for public comment. Seeing no one coming forward public comment was closed. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the role 10 Page 530 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Vote 3-0 (Mayor Grant absent) B. PROPOSED ORDINANCE NO. 18-029 - SECOND READING - Approve 1320 S. Federal Highway Future Land Use Map Amendment (LUAR 18-003) from is Commercial (OC)to Mixed Use Low(MXL). Applicant: Exsorro One, Inc. Attorney Cherof read Ordinance No. 18-029 by title only into the record. Vice Mayor Romelus opened to public comment. No one coming forward public comment was closed. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the role. Vote 3-0 (Mayor Grant absent) PROPOSED ORDINANCE NO. 18-030 - SECOND READING -Approve 1320 S. Federal Highway Rezoning (LUAR 18-003) from C-1, Office Professional to MU-1, Mixed Use 1. Applicant: Exsorro One, Inc. Attorney Cherof read Ordinance No. 18-030 by title only into the record. Vice Mayor Romelus opened to public comment. No one coming forward public comment was closed. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Clerk Pyle called the role. vote 3-0 (Mayor Grant absent) 11 Page 531 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Motion Commissioner McCray moved to remove items C, D, E from the table. Commission Katz seconded vote The motion unanimously passed. C. 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. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Vote The motion unanimously passed D. 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. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion vote The motion unanimously passed E. 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. Attorney Cherof affirmed this was a quasi-judicial item. Anyone which intended to testify was sworn in. Commissioner McCray disclosed he met with Bonnie Miskel on this item in the past. 12 Page 532 of 697 Meeting Minutes City Commission Boynton Beach, Florida November7, 2018 Bonnie Miskel, representing McDonald's Corporation, was 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 with the Marathon gas station. The building would move from across the street which would improve the traffic congestion. Vice Mayor Romelus asked for a brief presentation of the proposed McDonalds. Ms. Miskel acknowledged the proposed new location was 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. The zoning was C-3, part of this was a modification. They exceed the setback requirements, and will be adding to the landscape. The current location has a drive through, there are many problems with the queuing. She continued to say the parcel has continued to sit vacant. Staff has reviewed the request and recommends approval, subject to 12 conditions of approval. The applicant accepts all conditions of approval, including providing a bus shelter. The property would have shared signage. Some renderings of the proposed McDonalds were shown which was compatible with the Walgreens. Commissioner Katz said he spoke with Ms. Miskel and the Planning and Development Board has some concerns regarding the property. Ms. Miskel responded a member of the Planning and Development board would have preferred a gas station. He may not have been aware there was a Wawa going in across the street. There was another comment that this was not the highest and best use for this property. Indicated the McDonalds was a permitted use and was compatible with the Land Use. There was no requirement in the Code that something needed to be highest and best use. One member was not a fan of McDonalds foods, preferring something different. Commissioner Katz understood opinions are subjective with disagreement regarding types of projects which can go on a parcel. Legally that was not permissible. Attorney Cherof responded the staff and City Commission was guided by what was in the City Code and not by opinions. Commissioner Katz stated the project applied with all Code and Land Use. Ms. Miskel confirmed. Staff has agreed the applicant has met or exceeded all the requirements. Commissioner Katz denoted given the fact all conditions have been met, and this was in District 1, he was in favor of McDonalds. It was good to see some investment on this comer. Having a Wawa and the McDonalds would upgrade the vacant lot. He does not know what happened at the Planning and Zoning meeting. He appreciated the investment into the City. 13 Page 533 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Commissioner cCray understood the Commission was mandated and guided by the Code, but the Commission was allowed to have opinions. Attorney Cherof stated members of the Commission and members can express their opinion, but in the end, what trumps opinions, was provided in the Code. Vice Mayor Romelus inquired if there was a traffic study done. Ms. Miskel responded in the affirmative. Stephanie Kimble, of Kimley Horne, conducted the traffic study to meet the Palm Beach County Traffic Concurrency Standards of Palm Beach County. The review was being finalized with Palm Beach County. All the standards have been met. Vice Mayor Romelus inquired based on Ms. Kimble expertise, relocating the McDonalds from the current site to the proposed site would be the best site regarding the traffic. Ms. Kimble replied it would improve queuing and prevent the backup onto Congress. Ms. Miskel added this location has better access. It has three access points and has shared connections between the three parcels. The current location does not have the shared connection between the parcels. Vice Mayor Romelus inquired the proposed location will be a stand-alone as well as larger in square footage and footprint. Asked if this would create new jobs. Ms. Miskel responded new jobs would be created. There were 30 seats at the current location, the proposed location would have 67 seats. There would be 30 additional employees at the new location. Vice Mayor Romelus asked are these positions part-time or full-time. Ms. Miskel replied it would be a combination of the two. Motion Commissioner Katz moved to approve. Commissioner cCray seconded the motion. Vote The motion unanimously passed 9. CITY MANAGER'S REPORT— None 10. UNFINISHED BUSINESS - None 14 Page 534 of 697 Meeting Minutes City Commission Boynton Beach, Florida November7, 2018_ 11. NEW BUSINESS A. Authorize the expenditure of $1,000 from Mayor Grant's Community Support Funds to Boca Raton's Promise organization to assist the Boynton each Mental Health Committee. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion. vote The motion unanimously passed B. PROPOSED RESOLUTION NO. R18-164 - Authorize the Mayorto accept the Department of Justice FY2018 Technology Innovation for Public Safety(TIPS) Grant (2018-DG-BX-K009) and to sign any required documents associated with the grant, subject to the approval of the City Attorney. Motion Commissioner Katz moved to approve. Commissioner McCray seconded the motion with discussion. Commissioner McCray inquired about the grant amount. Chief Gregory indicated the grant was for$465,000. Commissioner McCray asked what the grant can be used for. Chief Gregory informed the Commission this was a grant from the Department of Justice. This grant was to be used for technology to enhance the ability to do analytics as well as deploy sensors in the City. To have a better handle on crime as it occurs, this would allow the department to perform data mining of large volumes of information. Vice Mayor Romelus noted Boynton each has been doing a great job. Chief Gregory stated he was here speaking on behalf of those who put in the work to make the grant happen. Vote The motion unanimously passed C. PROPOSED RESOLUTION NO. R18-165 - Approve Resolution Designating Canvassing Board for March 2019 Municipal Election. 15 Page 535 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. vote The motion unanimously passed 12. Legal A. PROPOSED ORDINANCE NO. 18-032 - FIRST READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. Attorney Cherof read Proposed Ordinance No. 18-032 by title only on first reading. Motion Commissioner McCray moved to approve. Commissioner Katz seconded the motion. Commissioner McCray inquired if this was like other Cities or municipalities not allowing for the sale of dogs and cats. Attorney Cherof replied it does have limitations on selling animals. Commissioner McCray asked for those limitations. Ms. LaVerriere responded this ordinance would not allow the retail sale. It does not prevent breeders from selling animals. It was vital to stop the puppy mills from coming into the City. Commissioner McCray asked if this ordinance would prevent the puppy mills from coming into the City of Boynton Beach. City Clerk Pyle called the roll vote 3-0 (Mayor Grant absent) B. PROPOSED ORDINANCE NO. 18-033 - FIRST READING ,- Amending Part II. "Code of Ordinances," Chapter 15, "Offences-Miscellaneous," Article 1, "in General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement of Noise". Attorney Cherof read Proposed Ordinance No. 18-033 by title only on first reading. Vice Mayor Romelus asked for the layman version. 16 Page 536 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Attorney Cherof indicated this would tighten up and make more specific rules and regulations regarding the noise or the excessive violations in the City. It enhances staff ability to enforce those regulations. Vice Mayor Romelus thanked staff for working on this ordinance. The City has some issues with the enforcement of the regulation, this ordinance provides enforcement. Motion Commissioner McCray moved to approve with discussion. Commissioner Katz seconded the motion. Commissioner McCray pointed out there was a noise ordinance prior to this one. Attorney Cherof confirmed. Commissioner McCray asked what went wrong with that ordinance. Attorney Cherof noted because of some court opinions, not in Boynton Beach which limited the ability to enforce those regulations. Commissioner McCray asked how many court opinions did the City have. Attorney Cher-of responded the City did not have any court opinions. This caused the City to rewrite the provision. Commissioner McCray questioned who was responsible to enforce the provision of the ordinance. Attorney Cherof responded Code Enforcement and Police. City Clerk Pyle called the roll. vote 3-0 (Mayor Grant absent) C. Pursuant to Section 286.011(8), Florida Statutes, 1 am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants - Palm each County Circuit Court Case No. 502016CA005668XXXXMB Attorney Cherof requests a closed door section for 45 minutes for the attorney client session for pending litigation regarding SECURED HOLDINGS INC, Plaintiff, vs. QUANTUM OVERLAY DEPENDENT DISTRICT, EUGENE GERLICA and CITY OF BOYNTON BEACH, Defendants - Palm each County Circuit Court Case No. 502016CA005668XXXXMB. Attorney Cherof suggested December 4, 2018 at 5:30pm. 17 Page 537 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 Commissioner cCray inquired if Mr. Kanter was selected for the vacant Commission seat would he need to recuse himself. Attorney Cherof stated he did not believe this would affect him. He would evaluate whether or not he has any conflict of interest if that occurred There was consensus. Commissioner Katz advised it has come to his attention, in speaking with staff it may be legally permissible for the City not to take over the district, but to become the Quantum Park Overlay Dependent Board like they are with the South Regional Waste Water and Treatment and Disposal Board. The Commission are having these closed door meetings and deliberating over ideas and then they are simultaneously having the Quantum Park Overlay Dependent Board that is making decisions and if those decisions conflict, it would be smother in his opinion if they are legally allowed to make the Commission the Quantum Park Overlay Dependent Board. The City would become the board. Commissioner Katz requested a Future Agenda item to discuss if the ordinance can appoint themselves to the board. Vice Mayor Romelus asked if becoming the Quantum Park Overlay Dependent Board was a possibility. Attorney Cherof stated this was a possibility. Attorney Cherof suggested adding this on the regular agenda for a presentation. Vice Mayor Romelus asked if this was something which could be discussed next month with the closed door session. Attorney Cherof stated a closed door was limited in many respects to what could be discussed. It was better to have it as a public discussion. Any interested party to see it on the agenda can give their own points of review. Vice Mayor Romelus requested an option on becoming the Quantum Park Overlay Dependent Board be placed as a New Business item for the next Commission meeting with a presentation by the Legal Department. Consensus for staff to add this item to the agenda. 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 Gonceming the following land parcels for the Commission to review- TBD Nichols Property Rolling Green Girl Scout Park Zs Page 538 of 697 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 C. The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. D. Mayor Grant requested discussion on the future of the Kapok trees scheduled to be taken down for Town Square project - TBD E. Discuss a prohibition for appointed and Elected Officials in the City of Boynton each from serving as paid lobbyist subsequent to their time on their board or the Commission —TBD 14. Adjournment Motion There being no further business to discuss, Commissioner Katz moved to adjourn. Commissioner McCray seconded the motion. vote The motion unanimously passed. The meeting was adjourned 7:46 pm (continued on next page) 19 Page 539 of 697 Meeting Minutes City Commission Boynton Beach, Florida November7, 2018 CITY OF BOYNTON BEACH Mayor- Steven B. Grant Vice Mayor- Christina Romelus Commissioner—Justin Katz Commissioner— Mack McCray Commissioner—VACANT ATTEST Judith A. Pyle, CMC City Clerk Queenester Nieves Deputy City Clerk 20 Page 540 of 697 7.A. BIDS AND PURCHASES OVER$100,000 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Approve Task Order No. E-02-2019- Design/ Build Restroom at Sara Sims Park to Hatcher Construction & Development, Inc., in the amount of$127,000 in accordance with the Pre-Qualified Vendors for Minor Construction Services Agreements. EXPLANATION OF REQUEST: At its meeting on August 7, 2018 (Resolution No. R18-104), City Commission approved Agreements with four (4) firms for various Minor Construction Services within the City. All four (4) firms were provided a scope of work, plans and schematics in order to submit a quote for Task Order No. E-02-2019 for the design/build of a restroom facility at Sara Sims Park. All four (4) firms responded to the request and the low offer was submitted by Hatcher Construction and Development, Inc., in the amount of$127,000. 1 n accordance with the Action previously approved by the City Commission on August 7, 2018, as this I ndividual projects that exceed $75,000 will be brought back to City Commission for consideration of award. A purchase order will be issued for this task order. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This design build of the Sara Sims restroom furthers the City's initiative to revitalize the Sara Sims Park. FISCAL IMPACT: Budgeted The funds for this work is budgeted in account 302-4218-572-63.05 (RP1820). ALTERNATIVES: Not award. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: Page 541 of 697 ATTACHMENTS: Type Description D Attachment Task Order Submittal - Hatcher Development D Attachment Tabulation Sheet- Design Build Restrooms at Sara Sims Park D Attachment E mail adv to pre-qual contractors Page 542 of 697 / / 0 _ / \ % w 2 k \ / / z / \ 00 0 4 c cr ƒ o f C \ / / / e \ � / / � � � E E L \ m n \ � k O \ LA F- i / 0 m m w ® 2i 0 O \ \ wLh = \ � \ V) « < < cr » 0 a < = u � e / z q � / \ _ 7A z LU 0 7 / \ ® ) r-4 �_ » / < < / / / S < ? 5 ® \ \ q q / 0 e 7 2 0 7 a a � z / \ / / \ / \ t t < 0 ƒ ° / ƒ w z / 7 / ® 0 $ / \ 9 � \ / / ƒ \ \ 2 < / y y y < e 2 e e e 2 s E E E < < \ /z ru z z > e / Page 543 of 697 C:, N Z 00 O Ln N 2 c O v� O N - i N N Y@ 0 C O O x x O M O E w w n. 2 Z O v ItT Ln r- v N m d in 0 w w m Oi .moi 1-4 -i .-1 -1 .mo <i 4 � D u p rn m rn rn Q Ln Cl Ql c�-i 01 °l .�-i \ \ .�-I N \. O ,D lD \ -- _ OC N `n L " a Ln N n o c a c to E E E � m �_ o a, v v `n v v 1O o v v o o c E N E E -� c g o 7� O ° ro O - V Ot Ol Ol 0) o) °1 Ol Q� �-I a) m a) 01 m m m m 'c H 00 \ 01 .--I \ \ \ \ \ \ �--i ry \ \ \ \ \ Ln N \ 00 -_ N N N MO 41 O \ �-I-1 r-4 rq 00 O NLn C14 Ln 0 M Ln _ Ln Ln \ l0 w (.0 (.0 w - N m O O O O O N 01 v 0 y O O N O 0) O W u - _ F- c in Ln _ Z ° A � A L f A 0 V) Ln e••• v1 V) vi r- W 'O a cTa o cTa rho coo cTc M M M M M O O O O -a -O O O v -o -0 a -O -0 -O "a 'a 'a 'a "a N CO M W .-•i .-i .--i M N ri lD a .--i ,--i .-i M N M d Z c ® O o W != E N v W c in ® D ° m N E • a O Y v > Z tkO c o a o pm U H in n a S ® U =O o rOo A u rm GD C c io s '6 > OJ N a' CL N C O O 0D — U E u U (0 L Ln Z Z u c — � v ' i V O ` 3 v �+ v c� c c c c _ m O H Q d d N d W G VI if iZ if I.L d O I..L I.i m N ® O CC c WM Alk" m O _ O 01 V -- Q vi i° r �i- Page 544 of 697 � m ƒ ( S 0 J m N � LO § ¢ o !W n � }\ § t o \ \ \ } \ g 0 . .« m > , o 0- LL o o _ { ( }k \\ N k /\© - 0 ja ; /22 = zLa 2 ¥ � \ � 4 § \ LU ) \ § ILI ± £ � x .222 - / \ \ 4km ` ` § L � ' ° ( Kwon § ( \ } \ � ¥ zk � LU LD = 77CD �Rg } ( j \ § � ) � ELU U = 222U � a 2 o eee % ] )k § § � S 0 Howard, Tim From: Triestman,Ilyse Sent: Monday, October 01, 2018 3:18 PM To: jzak@anzcoinc.com;JOSEPH PATALANO; info@hatcher-construction.com; info@republicconstructioncorp.com Cc: Dunmyer, Gary; Marmer, Eric Subject: ADVERTISEMENT TO PRE-QUALS- RFQ NO. 018-2821-18/IT - DESIGN/BUILD RESTROOM AT SARA SIMS PARK Attachments: C4.13.pdf, E1.00.pdf, C6.00.pdf, C4.00.pdf, abridged geo report.pdf;TASK ORDER BID SHEET - DESIGN BUILD RESTROOM AT SARA SIMS PARK.xlsx Importance: High Tracking: Recipient jzak@anzcoinc.com JOSEPH PATALANO info@hatcher-construction.com info@republicconstructioncorp.com Dunmyer,Gary Marmer, Eric Good afternoon all! Please review the specifications and plans and provide a bid for the project according to the following instructions. The City of Boynton Beach is seeking a design/build for the Sara Sims restroom facility. Please submit a lump sum price on the attached bid form price for the design/build of the restroom, including all services, building pad, etc.to within 5 ft. of the building pads. Please also submit a schedule of values with your lump sum bid form. As part of this project,the awarded Contractor will be required to submit their building design to the City's Building Department for permitting. Please be aware that that the storage room between the men's and women's room will be used to house computer data storage devices that serve the security cameras, emergency call boxes and the site's Wi-Fi. SUPPORTING DOCUMENTS C4.00 Site Plan C4.13 Refer to Detail A. Restroom Building Schematic C6.00 Utility Plan E1.00 Electrical Plan Abridged Geotechnical Exploration Report dated April 5, 2018 as prepared by GFA International, Inc. TIMEFRAME FOR QUOTE • There is no pre-bid meeting; submit questions by OCTOBER 11, 2018 12:OOPM to PURCHASING, in writing to: triestmani@bbfl.us.The City is under no obligation to respond to questions received after the deadline unless we deem it in our best interest to do so. • Submit your ELECTRONIC BID FORM on or before OCTOBER 15, 2018, 12:OOPM to PURCHASING via email to: triestmani@bbfl.us. SPECIAL INSTRUCTIONS: 1 Page 546 of 697 • Only the single Bid Form is required—quotes must be delivered on or before the due date (you do not have to be here;YOUR QUOTE DOES) • With your quote submittal, please provide a construction schedule indicating the estimated calendar days required to complete the project. Further, please include a breakdown of construction milestones. • With your quote submittal, please provide a list of the subcontractors that you intend to use for this project. Owner reserves the right to reject any sub-contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.)to perform under this award. Owner reserves the right to inspect all facilities of any sub- contractor in order to make a determination as to the foregoing. • The City encourages the use of local subcontractors in this project. Local subcontractors are defined as those having a City of Boynton Beach Business Tax Receipt. Refer to City Policy No. 10.16.01 for further information. • This project will not require a Bid bond or payment and performance bond. • I am NOT protecting this spreadsheet,modify the columns, etc. as you need, but UNIT PRICES from your bid forms will be transferred to my tab sheet—you're responsible for providing the materials as it was presented to you. Please acknowledge receipt of this email and its listed contents in good order. Thank you for your active participation in the City's procurement process. Please remember to send a "no bid" response (via email is acceptable) if you're not interested in bidding; an explanation is appreciated on any "no bid." Please acknowledge receipt of this email and its listed contents in good order. Thank you for your active participation in the City's procurement process. (lyse Triestman 2 Page 547 of 697 7.B. BIDS AND PURCHASES OVER$100,000 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-172-Approve utilizing the City of Lake Worth, Florida, Bid No. 17-109 for 93% Sulfuric Acid - Purchase and Delivery with Shrieve Chemical Company with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a Contract with Schrieve Chemical Company. The anticipated annual expenditure for the purchase of sulfuric acid is $100,000. EXPLANATION OF REQUEST: Agreement Period: October 17, 2018 - October 16, 2019 The City of Boynton Beach West Water Treatment Plant (WWTP) utilizes membrane filtration technology to remove hardness causing minerals from the feed water. At a high pH, these minerals precipitate out of solution to form a hard scale on the surface of the membrane units. This buildup of scale reduces the throughput of the membranes resulting in a loss of plant capacity. Sulfuric Acid Is used to lower the pH of the feed water to prevent this from occurring during the treatment process. At the August 7, 2018 meeting, City Commission previously approved utilizing a City of Cape Coral contract for sulfuric acid. However, when the Agreement was presented to the vendor, the vendor declined to honor the City of Cape Coral's bid prices. The Utilities and Purchasing Services researched other viable contracts and find that the City of Lake Worth's complies with the City's requirements. Purchasing Services has confirmed with the vendor that they agree to honor the City of Lake Worth's bid prices. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The build-up of scale on the membranes will decrease the WWTP production and could potentially damage the membranes. The prevention of this occurrence will protect membrane life and ensure continued good water production and quality for residential and commercial customers. FISCAL IMPACT: Budgeted The funds are budgeted in account: 401-2811-536-52.35 Prior year usage is as follows: FY 17/18-$ 87,230 FY 16/17- $115,462 FY 15/16- $ 96,554 ALTERNATIVES: The Utility is examining other possible options to the use of this acid because of the associated safety concerns. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 548 of 697 CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Piggy-back of Lake Worth Agreement with Shrieve Chemical Company D Resolution Piggy-back Agreement with Shrieve Chemical D Attachment City of Lake Worth Amendment 1 D Attachment City of Lake Worth Original Agreement D Attachment City of Lake Worth Complete Sulfuric Acid Bid Page 549 of 697 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH,FLORIDA,APPROVING THE PIGGY-BACK 6 OF A CITY OF LAKE WORTH BID#17-109 AND ANY 7 AMENDMENTS THERETO WITH SHRIEVE 8 CHEMICAL COMPANY FOR THE PROVISION OF 9 93% SULFURIC ACID FOR AN ESTIMATED 10 ANNUAL EXPENDITURE OF $100,000.00; 11 AUTHORIZING THE CITY MANAGER TO SIGN A 12 CONTRACT WITH SHRIEVE CHEMICAL 13 COMPANY; AND PROVIDING AN EFFECTIVE 14 DATE. 15 16 WHEREAS, City staff has confirmed that the City of Lake Worth has complied 17 with Public Contract Bid requirements which equal or exceed the City of Boynton Beach's 18 requirements; and 19 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 20 City of Lake Worth Bid 417-109 and any amendments thereto with Shrieve Chemical 21 Company for the provision of 93% sulfuric acid in an estimated annual expenditure of 22 $100,000.00. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves the piggy-back of a City of Lake Worth Bid#17-109 and any amendments thereto 30 with Shrieve Chemical Company for the provision of 93% Sulfuric Acid in an estimated 31 annual expenditure of$100,000.00. S:ACA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2018)-Reso.docx Page 550 of 697 32 Section 3. The City Manager is hereby authorized to sign a contract with 33 Shrieve Chemical Company, a copy of which is attached hereto as Exhibit"A". 34 Section 4. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of , 2018. 36 CITY OF BOYNTON BEACH, FLORIDA 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— 48 49 VOTE 50 ATTEST: 51 52 53 54 Judith A. Pyle, CMC 55 City Clerk 56 57 58 (Corporate Seal) 59 S:ACA\RESO\Agreements\Piggy-Back(Lake Worth)-Shrieve-Sulfuric Acid(2018)-Reso.docx Page 551 of 697 CONTRACT FOR 93% SULFURIC ACID This Agreement is made as of this day of , 2018 by and between SHRIEVE CHEMICAL COMPANY, a Foreign Corporation, with offices at 1755 Woodstead Court, Woodlands, TX 77380 ("SHRIEVE"), 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, sulfuric acid is critical to the water treatment process as it lowers the pH of the feed water to prevent minerals from forming a hard scale on the membrane during the treatment process. A build-up of scale on the membranes will decrease the output West Water Treatment Plant production; and WHEREAS, SHRIEVE, has agreed to allow the City to piggy-back the City of Lake Worth Contract Bid 17-109 to provide sulfuric acid for an estimated annual expenditure of $100,000.00 at prices based on City of Lake Worth contract; and 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 SHRIEVE agree that SHRIEVE shall provide sulfuric acid for an estimated annual expenditure of$100,000.00 at prices based on City of Lake Worth contract #Bid 17-109, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the City of Lake Worth shall be deemed as references to the City of Boynton Beach. B. 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. Page 1 S:ACA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 552 of 697 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954)771-4500 Facsimile: (954)771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: 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 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. Section 3. In the event that the City of Lake Worth Contract is amended,or terminated, SHRIEVE shall notify the City within ten(10)days. In the event the City of Lake Worth 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. Section 4. SHRIEVE 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. Page 2 S:ACA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 553 of 697 Section 6. In all other aspects, the terms and conditions of the City of Lake Worth 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 City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney SHRIEVE CHEMICAL COMPANY WITNESSES: BY: Print Name: Title: ATTEST: SECRETARY Page 3 S:ACA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 554 of 697 EXHIBIT A AGREEMENT BETWEEN CITY OF LAKE WORTH AND SHRIEVE CHEMICAL COMPANY Page 4 S:ACA\AGMTS\Piggyback(Lake Worth-Shrieve)Sulfuric Acid(2018).docx Page 555 Of 697 FIRST AMENDMENT TO AGREEMENT (93% SULFURIC ACID—PURCHASE AND DELIYERYI THIS FIRST AMENDMENT ("Am z dment"') to the 93% Sulfuric Acid — Purchase and Delivery is made as of the day of _ 2018,by and between the City of Lake Worth,Palm Beach County,Florida,a municipal corporation of the State of Florida("CITY")and Shrieve Chemical Company, a Texas corporation authorized to do business in Florida, ("CONTRACTOR"). WHEREAS, the parties entered into the 93% Sulfuric Acid — Purchase and Delivery Agreement on October 17, 2017 (the"Agreement"); and WHEREAS,the Agreement has an initial one(1)year term and the option to renew for up to two(2)additional twelve (12)month renewals; and WHEREAS, the CITY and the CONTRACTOR wish to amend the Agreement to renew the Agreement for one additional year with a price increase as indicated on Exhibit A,but all other terms and conditions remain the same. NOW, THEREFORE, in consideration of the mutual promises contained herein, the sufficiency of which is hereby acknowledged by each party hereto, the CITY and the CONTRACTOR agree to amend the Agreement, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein by reference. 2. Term of Agreement. The parties agree that the term of the Agreement is hereby amended to October 16, 2019. 3. Entire Agreement.The CITY and the CONTRACTOR agree that the Agreement and this Amendment set forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Amendment may be added to, modified, superseded or otherwise altered,except by written instrument executed by the parties hereto.All other terms and conditions of the Agreement remain in full force and effect. 4. Counterparts. This Amendment may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument.Either or both parties may sign this Amendment via facsimile or email and such signature is as valid as the original signature of such party. 1 Page 556 of 697 IN WITNESS WHEREOF, the parties hereto have made and executed this Amendment to the 93% Sulfuric Acid—Purchase and Delivery Agreement on the day and year first above written. CITY OF LAKE WQ4TH, O. A. ' r t , T3v is �,"tn4i°Pam nn�ly, May. g rqf 1 d M f F3f � vet �! ATTEST: t � a ", ebor h M. Andrea,City Clerl Approved as to form and legal sufficiency: 63/21 Glen J. Torcivia, City Attorney f'j.I ���� SHRIEVE CHEMICAL COMPANY By: [Corporate Seal] ..�--- Print Name: Title: t STATE OF FLORIDA ) COUNTY OF PALM BEACH ) The foregoing instrument was acknowledged bpfore pie this � day of 2015,by e r l � I t , as J (tills) of Ih -r`$ - j r, ' CC, f f'(� , a corporation authorized to do business in the State of Florida, and who is personally known to me or who has produced the following as identification. By: Notary Public 'ti "'I ANNETTE SUE MORRISON (tY { q�� t Notary Public,State of Texas Comm. Expires 07-17-2021 Print Name: L4 rr t fo Notary ID 7828979 My commission expires: I 2 Page 557 of 697 EXHIBIT A PRICING Shrieve Chemical Company 1755 Woodstead Court The Woodlands,Texas 77380 800-367-4226 Fax: 281-367-0071 Wednesday, August 22,2018 To: Tim Sloan-City of Lake Worth Water Plant Manager From: Chris Burns-Marketing Manager Re: Sulfuric Acid Supply Agreement Tim- After review of our economics and the current environment(product cost, freight,fuel,etc)we will have to stay with our proposed price of$1.13/gallon for the next contract year. Price for partial loads will be$1.44/gallon. Thank you for the opportunity,and please let me know if you have further questions. Regards, (,liZ& V~ Chris Burns Marketing Manager 3 Page 558 of 697 AGREEMENT (93% Sulfuric Acid — Purchase and Delivery) THIS AGREEMENT is made this �j day of 2017 between the City of Lake Worth, Florida, a municipal corporation, hereinafter the "CITY", with its office located at 7 North Dixie Highway, Lake Worth, Florida 33460, and, Shrieve Chemical Company, a corporation authorized to do business in the State of Florida, hereinafter the "CONTRACTOR", with its office located at 1755 Woodstead Ct., The Woodlands, TX 77380. RECITALS WHEREAS, the CITY is a municipal corporation organized and existing pursuant to the Charter and the Constitution of the State of Florida; WHEREAS, the CITY issued Invitation for Bid #17-109 (hereinafter "IFB") for the procurement of 93% sulfuric acid, on an as needed basis; WHEREAS, CONTRACTOR submitted a bid to provide sulfuric acid as described and set out in the IFB; WHEREAS, the CITY desires to accept CONTRACTOR's bid in order for CONTRACTOR to render the goods to the CITY as provided herein; WHEREAS, the CONTRACTOR further warrants that it is experienced and capable of performing the tasks hereunder in a professional and competent manner; WHEREAS, the CITY finds awarding IFB to the CONTRACTOR as described herein serves a valid public purpose. NOW THEREFORE, the CITY hereby engages the services of the CONTRACTOR, and in consideration of the mutual promises herein contained, the sufficiency of which is hereby acknowledged by both parties, the parties agree as follows: 1. TERM 1.1 The term of this Contractor Agreement (the "Agreement") shall be for twelve (12) months, with an option for two additional twelve (12) month renewals upon the mutual agreement of both parties. The renewal terms may be approved by the City Manager upon the same terms, conditions and pricing. The CITY may terminate this Agreement subject to the provisions set forth in the IFB and in this Agreement. 2. SCOPE OF WORK Page 1 of 13 Page 559 of 697 2.1 The scope of work is the providing of sulfuric acid as needed by the City's water treatment plant, as more specifically set forth in the IFB (the "Scope of Work"). Work shall commence upon the issuance of a P.O. by the City. 2.2 The CONTRACTOR represents to the CITY that the materials provided under this Agreement shall be in accordance with accepted and established trade practices and procedures recognized in the CONTRACTOR's trade in general and that the CONTRACTOR's work shall conform to the highest standards and in accordance with this Agreement. 2.3 The CONTRACTOR represents that it is licensed to do business in the State of Florida and holds and will maintain all applicable licenses required for the work to be completed under this Agreement. The CONTRACTOR further warrants its capability and experience to perform the work provided for herein in a professional and competent manner. 2.4 All deliveries of the chemicals shall be made within 48-72 hours of the CITY placing the order with CONTRACTOR. In the event of a natural disaster as determined by the CITY, such as a hurricane, and the CITY places an order, such delivery shall be made on a "first priority" basis. Deliveries shall only occur between the hours of 7:00 am to 3:00 pm Monday through Friday. 3. USE OF AGENTS OR ASSISTANTS 3.1 To the extent reasonably necessary to enable the CONTRACTOR to perform its work hereunder, the CONTRACTOR shall be authorized to engage the services of any agents or assistants which it may deem proper, and may further employ, engage, or retain the services of such other persons or corporations to aid or assist in the proper performance of its duties. All costs of the services of, or expenses incurred by, such agents or assistance shall be paid by the CONTRACTOR. 4. MATERIALS 4.1 The CONTRACTOR shall provide all chemicals as more specifically set forth in the IFB. 5. FEE AND ORDERING MECHANISM 5.1 For services to be rendered under this Agreement, the CONTRACTOR shall be entitled to a fee for actual goods provided and accepted by the CITY at the price set forth in CONTRACTOR'S response to the IFB. 5.2 Should the CITY require additional chemicals, not included in this Agreement, fees and payment for such work will be set forth in a separate Addendum, as authorized in Page 2 of 13 Page 560 of 697 accordance with the CITY's procurement code prior to any such additional goods being provided by the CONTRACTOR. 5.3 The City's ordering mechanism for all work performed under this Agreement shall be a City Purchase Order; however, the terms and conditions stated in a City Purchase Order shall not apply. CONTRACTOR shall not provide goods under this Agreement without a City Purchase Order specifically for this purpose. CONTRACTOR shall not exceed amounts expressed on the Purchase Order. Note that the City's Fiscal Year ends on September 30th of each calendar year. The City cannot authorize the purchase of goods beyond September 30th of each calendar year, prior to the annual budget being approved by the City Commission. Additionally, the City must have budgeted appropriate funds for the goods in any subsequent Fiscal Year. If the budget is approved for said goods, the City will issue a new Purchase Order each Fiscal Year, for required and approved goods. 6. MAXIMUM COSTS 6.1 The CONTRACTOR expressly acknowledges and agrees that the total cost to provide all goods is specified in CONTRACTOR's response to the IFB and no additional costs shall be authorized without prior written approval from CITY's governing body. 7. INVOICE 7.1 The CONTRACTOR shall submit an itemized invoice to the CITY for approval prior to receiving compensation. The CONTRACTOR shall be paid within thirty (30) days of receipt of an approved invoice for work. 8. AUDIT BY CITY 8.1 The CONTRACTOR shall permit the CITY, or any authorized representatives of the CITY, at all reasonable times, access to and the right to examine all records, books, papers or documents related to the CONTRACTOR's performance under this Agreement including, but not limited to, expenses for sub-contractors, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to per performed under this Agreement. 9. COPIES OF DATA/DOCUMENTS 9.1 Copies or original documents prepared by the CONTRACTOR in relation to work associated with this Agreement shall be provided to the CITY. Data collected, stored, and/or provided shall be in a form acceptable to the CITY and agreed upon by the CITY. 10. OWNERSHIP Page 3 of 13 Page 561 of 697 10.1 Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by the CONTRACTOR pursuant to or in connection with this Agreement shall be the exclusive property of the CITY. 11. WRITTEN AUTHORIZATION REQUIRED 11.1 The CONTRACTOR shall not make changes in the Scope of Work or perform any additional work or provide any additional material under this Agreement without first obtaining written authorization from the CITY for such additional work or materials. Additional labor or materials provided without written authorization shall be done at the CONTRACTOR's sole risk and without payment from the CITY. 12. DEFAULTS, TERMINATION OF AGREEMENT 12.1 If the CONTRACTOR fails to supply the requested amount of chemicals or has failed in any other respect to satisfactorily perform the work specified in this Agreement; or, is in material breach of a term or condition of this Agreement, the Water Utilities Director may give written notice to the CONTRACTOR specifying defaults to be remedied. Such notice shall set forth the basis for any dissatisfaction and suggest corrective measures. If the CONTRACTOR does not remedy defaults within the allotted time or commence good faith steps to remedy the default to the reasonable satisfaction of the Water Utilities Director, the CITY may take such action to remedy the default and all expenses related thereto shall be borne by the CONTRACTOR including, without limitation, utilization of another contractor to provide for such work; and/or, the CITY may withhold any money due or which may become due to the CONTRACTOR for such expense and/or work related to the claimed default. Alternatively, or in addition to the foregoing, if after three (3) days the CONTRACTOR has not remedied defaults or commenced good faith steps to remedy defaults to the satisfaction of the Water Utilities Director, the CITY may elect to terminate this Agreement. No compensation shall be paid for de-mobilization, take-down, disengagement, wind-down, lost profits or other costs incurred due to termination of this Agreement under this paragraph 12.1. 12.2 Notwithstanding paragraph 12.1, the CITY reserves the right and may elect to terminate this Agreement at any time, with or without cause. At such time, the CONTRACTOR would be compensated only for that work which has been satisfactorily completed to the date of termination. No compensation shall be paid for de-mobilization, take-down, disengagement, wind-down, lost profits or other costs incurred due to termination of this Agreement under this paragraph 12.2. 13. INSURANCE 13.1 Insurance shall be as set forth in the IFB. Page 4 of 13 Page 562 of 697 14. WAIVER OF BREACH 14.1 The waiver by either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. 15. INDEMNITY 15.1 The CONTRACTOR shall indemnify, defend and hold harmless, to the maximum extent permitted by law, the CITY and its officers, agents, employees and representatives, from and against any and all liability, suit, actions, proceedings, judgments, claims, losses, liens, damages, injuries (whether in contract or in tort, including personal injury, accidental death or property damage, and regardless, of whether the allegations are false, fraudulent or groundless), costs and expenses (including attorney's fees, litigation, arbitration, mediation, appeal expenses) to the extent arising out of or alleged to have arisen out of the acts or neglect of its agents, employees, subcontractors or by anyone the CONTRACTOR directly or indirectly employed. 15.2 The CONTRACTOR's obligation to indemnify, defend and hold harmless shall remain in effect and shall be binding upon the CONTRACTOR whether such injury or damage shall accrue, or may be discovered, before or after termination of this Agreement. 15.3 The CONTRACTOR's failure to comply with this section's provisions shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. 16. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE 16.1 This Agreement consists of the terms and conditions provided herein; the IFB (including all specifications, exhibits and addenda attached thereto or referenced therein); and, the CONTRACTOR's responsive bid. To the extent that there exists a conflict between this Agreement and the remaining documents, the terms, conditions, covenants, and/or provisions of this Agreement shall prevail with the IFB (including all specifications, exhibits and addenda attached thereto) next taking precedence. Wherever possible, the provisions of such documents shall be construed in such a manner as to avoid conflicts between provisions of the various documents. 16.2 This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. 17. ASSIGNMENT Page 5 of 13 Page 563 of 697 17.1 Nothing under this Agreement shall be construed to give any rights or benefits to any party other than the CITY and the CONTRACTOR. All duties and responsibilities under this Agreement shall be for the sole and exclusive benefit of the CITY and the CONTRACTOR and not for the benefit or any other party. The CONTRACTOR shall not assign any right or interest in this Agreement, and shall not delegate any duty owned, without the CITY's prior written consent. Any attempted assignment or delegation shall be void and totally ineffective for all purposes, and shall constitute a material breach upon which the CITY may immediately terminate or suspend this Agreement. 17.2 In the event the CITY consents to an assignment or delegation, the assignee, delegate, or its legal representative shall agree in writing to personally assume, perform, and be bound by this Agreement's covenants, conditions, obligations and provisions. 18. SUCCESSORS AND ASSIGNS 18.1 Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. 19. WAIVER OF TRIAL BY JURY 19.1 TO ENCOURAGE PROMPT AND EQUITABLE RESOLUTION OF ANY LITIGATION, EACH PARTY HEREBY WAIVES ITS RIGHTS TO A TRIAL BY JURY IN ANY LITIGATION RELATED TO THIS AGREEMENT. 20. GOVERNING LAW AND REMEDIES 20.1 The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of Florida and venue shall be in Palm Beach County, Florida. 20.2 No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 21. TIME IS OF THE ESSENCE 21.1 Time is of the essence in the delivery of the goods as specified herein. 22. NOTICES 22.1 All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date when personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, Page 6 of 13 Page 564 of 697 using certified mail, return receipt requested, in any U.S. postal mailbox or at any U.S. Post Office; or when sent via nationally recognized overnight courier to the address indicated below. Should the CITY or the CONTRACTOR have a change of address, the other party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests from the CONTRACTOR to the CITY shall be given to the CITY address as follows: Water Utility Director City of Lake Worth 301 College Street Lake Worth, Florida 33461 All notices, demands or requests from the CITY to the CONTRACTOR shall be given to the CONTRACTOR address as follows: Shrieve Chemical Company 1755 Woodstead Court The Woodlands, TX 77380 23. SEVERABILITY 23.1 Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. 24. DELAYS AND FORCES OF NATURE 24.1 The CONTRACTOR shall not be considered in default by reason of a delay in timely performance if such delay and failure arises out of causes reasonably beyond the control of the CONTRACTOR or its subcontractors and without their fault or negligence. Upon the CONTRACTOR's request, the CITY shall consider the facts and extent of any such delay and failure to timely perform the work for reason beyond the control of the CONTRACTOR and, if the CONTRACTOR'S delay and failure to timely perform was without it or its subcontractors' fault or negligence, as determined by the CITY in its sole discretion, the time of completion shall be extended for any reasonable time that the CITY, in its sole discretion, may decide; subject to the CITY'S rights to change, terminate, or stop any or all of the work at any time. If the CONTRACTOR is delayed at any time in the progress of the work by any act or neglect of the CITY or its employees, or by any other contractor employed by the CITY, or by changes ordered by the CITY or in an unusual delay in transportation, unavoidable casualties, or any causes beyond the CONTRACTOR'S control, or by delay authorized by the CITY pending negotiation or by Page 7 of 13 Page 565 of 697 any cause which the CITY, in its sole discretion, shall decide justifies the delay, then the time of completion shall be extended for any reasonable time the CITY, in its sole discretion, may decide. No extension of time shall be made for any delay occurring more than five (5) days before a claim therefore is made in writing to the CITY. In the case of continuing cause of delay, only one (1) claim is necessary. The CONTRACTOR's sole remedy for a delay in completion of the work for any reason will be an extension of time to complete the work and CONTRACTOR specifically waives any right to seek any monetary damages or losses for a delay in completion of the work, including, but not limited to, waiving any right to seek monetary amounts for lost profits, additional overhead, salaries, lost productivity, efficiency losses, or any other alleged monetary losses which may be allegedly suffered by CONTRACTOR due to a delay in completion of the work. 24.2 Neither party shall be considered in default in the performance of its obligations hereunder or any of them, if such obligations were prevented or delayed by any cause, existing or future beyond the reasonable control of such party which include but are not limited to acts of God, labor disputes or civil unrest. 25. COUNTERPARTS 25.1 This Agreement may be executed in counterparts, each of which shall be an original, but all of which shall constitute one and the same document. Each of the parties shall sign a sufficient number of counterparts, so that each party will receive a fully executed original of this Agreement. 26. LIMITATIONS OF LIABILITY 26.1 Under no circumstances shall either party be liable to the other for any consequential, incidental, special, punitive, or any other form of indirect or non- compensatory damages. 27. PUBLIC ENTITY CRIMES 27.1 CONTRACTOR acknowledges and agrees that 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, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier or sub-contractor under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statues, for CATEGORY TWO for a period of 36 Page 8 of 13 Page 566 of 697 months following the date of being placed on the convicted vendor list. CONTRACTOR will advise the CITY immediately if it becomes aware of any violation of this statute. 28. PREPARATION 28.1 This Agreement shall not be construed more strongly against either party regardless of who was more responsible for its preparation. 29. PALMI BEACH COUNTY INSPECTOR GENERAL 29.1 In accordance with Palm Beach County ordinance number 2011-009, the CONTRACTOR acknowledges that this Agreement may be subject to investigation and/or audit by the Palm Beach County Inspector General. The CONTRACTOR has reviewed Palm Beach County ordinance number 2011-009 and is aware of its rights and/or obligations under such ordinance. 30. ENFORCEMENT COSTS 30.1 All parties shall be responsible for their own attorneys' fees, court costs and expenses if any legal action or other proceeding is brought for any dispute, disagreement, or issue of construction or interpretation arising hereunder whether relating to the Contract's execution, validity, the obligations provided therein, or performance of this Contract, or because of an alleged breach, default or misrepresentation in connection with any provisions of this Contract. 31. PUBLIC RECORDS CONTRACTOR shall comply with Florida's Public Records Act, Chapter 119, Florida Statutes, and, if determined to be acting on behalf of the CITY as provided under section 119.011(2), Florida Statutes, specifically agrees to: (a) Keep and maintain public records required by the CITY to perform the service. Upon request from the CITY's custodian of public records or designee, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of this Contract and following completion of this Contract if the Auditor does not transfer the records to the CITY. Upon completion of this Contract, transfer, at no cost, to the CITY all public records in possession of the CONTRACTOR or keep and maintain public records required by the CITY to perform the service. If the CONTRACTOR transfers all public records to the CITY 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 Page 9 of 13 Page 567 of 697 public records. All records stored electronically must be provided to the CITY, upon request from the CITY's custodian of public records or designee, in a format that is compatible with the information technology systems of the CITY. 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 OR DESIGNEE AT 561-586-1660, dandreakLAKeWorth.org, OR BY MAIL AT CITY OF LAKE WORTH, ATTN. DEBBIE ANDREA, 7 NORTH DIXIE HIGHWAY, LAKE WORTH, FL 33460. 32. COPYRIGHTS AND/OR PATENT RIGHTS 32.1 CONTRACTOR warrants that there has been no violation of copyrights and/or patent rights in the manufacturing, producing of selling the goods, shipped or ordered, as a result of this proposal and the CONTRACTOR agrees to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 33. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH 33.1 CONTRACTOR certifies that all material, equipment, etc., contained in this bid meets all OSHA requirements. CONTRACTOR further certifies that, if the material, equipment, etc., delivered is subsequently found to be deficient in any OSHA requirements in effect on date of delivery, all costs necessary to bring the material, equipment, etc. into compliance with the aforementioned requirements shall be borne by the CONTRACTOR. 34. FEDERAL AND STATE TAX 34.1 The City of Lake Worth is exempt from Federal Tax and State Tax for Tangible Personal Property. The Procurement Official will sign an exemption certificate submitted by the successful Proposer. Vendors or contractors doing business with the City of Lake Worth shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's tax Exemption Number in securing such materials. 35. PROTECTION OF PROPERTY 35.1 The CONTRACTOR shall at all times guard against damage or loss to the property of the CITY or of other vendors or contractors and shall be held responsible for replacing or repairing any such loss or damage. The CITY may withhold payment or make such deductions as deemed necessary to insure reimbursement or replacement for loss or Page 10 of 13 Page 568 of 697 damage to property through negligence of the successful CONTRACTOR or its agents. The CONTRACTOR shall be responsible to safeguard all of their property such as tools and equipment while on site. The CITY will not be held responsible for any loss of CONTRACTOR property due to theft or vandalism. 36. DAMAGE TO PERSONS OR PROPERTY 36.1 The responsibility for all damage to person or property arising out of or on account of work done under this Contract shall rest upon the CONTRACTOR, and he/she shall save the CITY harmless from all claims made on account of such damages. 37. SAFETY: ACCIDENT PREVENTION 37.1 In the performance of this contract the CONTRACTOR shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The CONTRACTOR shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the CITY, may determine to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 37.2 It is a condition of this contract, and shall be made a condition of each subcontract, which the CONTRACTOR enters into pursuant to this contract, that the CONTRACTOR and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 37.3 Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 333). 38. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applicable to all federally funded contracts and any subcontracts of $100,000 or more.) 38.1 By execution of this contract, CONTRACTOR, if applicable, will be deemed to have stipulated as follows: (a) Any CITY facility or property that is or will be utilized in the performance of this contract, unless such contract is exempt under the Clean Air Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub.L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq., as amended Page 11 of 13 Page 569 of 697 by Pub.L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 CFR 15) is not listed, on the date of contract award, on the U.S. Environmental Protection Agency (EPA) List of Violating Facilities pursuant to 40 CFR 15.20. (b) CONTRACTOR agrees to comply and remain in compliance with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. (c) CONTRACTOR shall promptly notify the CITY of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a CITY facility or property that is or will be utilized for the contract is under consideration to be listed on the EPA List of Violating Facilities. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE FOLLOWS Page 12 of 13 Page 570 of 697 IN WITNESS WHEREOF the parties hereto have made and executed this Agreement on the day and year first above written. CITY OF LAKE WORTH, FLORIDA r By: (A A P Tri I Mayor ATTEST: &Y Debbie Andrea, C 1 41.N1 ST Approved as to forma lency: (2 �� r6'� &-Ir- Glen J. Torcivia, City Attorney CONTRACTOR: SHRIEVE CHEMICAL COMPANY By: �--- [Corporate Seal] Print Name: Charles J Jackson Title: Executive Vice President STATE OF COUNTY OFE _, ) The foregoing instrument was acknowledged before me this �0`w' day of o CA ber 20 t1 by aa,/p-f T as E x:ec v P (title), of Shrieve Chemical Company, a corporation authorized to do business in the State of Florida, and who is personally known to me or who has produced the following as identification. p'y ANPJE UE: `,1C ?FlSON Print Name: 1P Gg - �2°:' ;�'sNotary Put-.6c, Stite of Texas My commission expires: `7 — 1-7—a, 1 may' ;'tg.�F Comm. E<?ires 07-17-2021 Niniar;- ID "028979 Page 13 of 13 Page 571 of 697 Laky Worth, Florida. The.Art of Feria Livia .-- 7 North Dixie Highway tq Lake Worth,FL 33460 Mao 561386J654 Addendum No. 1 IFB 17-109 93% Sulfuric Acid — Water Treatment Chemicals This addendum shall modify, clarify, change or add information and clarification and become part of the above referenced IFB. Clarification: 1. 1 wanted to find out if you all use any coagulants and if so what are the current coagulants used in your plant? Answer: We use the Polydyne Clorifloc A-3333P Please check our City website regularly for any updates to the solicitation requirements. This Addendum forms an integral part of the IFB documents. Issued By: Financial Services Signed By: Robert Rosenstein September 12, 2017 Robert Rosenstein, Purchasing Agent PROPOSER/Company Name: Signed By: Print Name: Title: Date: Page 572 of 697 7th Lake Worth, Florida. The Art of Florida Living.— t� g= INVITATION FOR BID IFB NO. 17-109 93% Sulfuric Acid - Water Treatment Chemicals Bid Submission Deadline Day / Date: Thursday, September 19, 2017 Time: 3:00 PM Location: Financial Services City Hall 7 North Dixie Highway 2nd Floor Lake Worth, FL 33460 -' ° Page 573 of 697 L � Financial Services :-- 7 North Dixie Highway Lake Worth, FL 33460 ® 561.586.1664 0FtIV INVITATION FOR BID IFB #17-109 93% Sulfuric Acid - Water Treatment Chemicals The City of Lake Worth is soliciting bids from responsive, responsible, experienced and qualified suppliers to furnish and deliver 93% Sulfuric Acid at a fixed price, on an as needed basis. The term of the contract is for twelve (12) months, with the option to renew for two (2) additional twelve (12) month terms. Bid documents may be downloaded at the City's website at: www.LakeWorth.org. Hard copies of bid documents may also be acquired from the Financial Services Office at 7 North Dixie Highway, Lake Worth, FL 33460. Time is of the essence. Any bid received after 3:OOPM on Tuesday, September 19, 2017, whether by mail or otherwise, will be returned unopened. The time of receipt shall be determined by the time clock located in the Financial Services Office. Bids shall be placed in a sealed envelope, marked in the lower left-hand corner with the bid number, title, date, and hour bids are scheduled to be received. Bidders are responsible for insuring that their bid is stamped by office personnel by the deadline indicated. All bids must be delivered or mailed to: City of Lake Worth Financial Services Office—2nd Floor 7 North Dixie Hwy. Lake Worth, FL 33460 ENVELOPES CONTAINING BIDS MUST BE IDENTIFIED AS BID IFB 17-109. Robert Rosenstein PUBLISH: August 18, 2017 Purchasing Agent Page 2 of 22 Page 574 of 697 SECTION 1 — SCOPE OF WORK AND TENTATIVE BID SCHEDULE 93% Sulfuric Acid -Water Treatment Chemicals The City of Lake Worth is soliciting bids from responsive, responsible, experienced and qualified suppliers to furnish and deliver 93% Sulfuric Acid at a fixed price, on an as needed basis. The term of the contract is for twelve (12) months, with the option to renew for two additional twelve (12) month terms. All work shall be constructed in accordance with the City's design specifications and standards and in accordance with these bid documents which are available on the City's website at www.lakeworth.org. 1. PURPOSE AND INTENT The City of Lake Worth (hereinafter known as City) intends to contract with a responsive, responsible and qualified supplier to furnish and deliver Sulfuric Acid at a fixed price, on an as needed basis to the Water Treatment Plant. 2. F.O.B. POINT AND ORDER PLACEMENT F.O.B. point shall be destination. Delivery location shall be: R/O WATER PLANT, 301 COLLEGE STREET, LAKE WORTH, FL 33460 Product shall be ordered on an "as needed" basis by the respective location using purchase orders. 3. DELIVERY AND ORDER FULLFILLM ENT Delivery shall be made within 48-72 hours of order placement or as stated by the ordering location. Delivery deviations shall be communicated to the ordering location at time of order placement. 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, 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. 4. QUANTITIES Quantities specified are based on annual estimates. The City makes no guarantee regarding the quantity to be purchased and reserves the right to vary the quantities. Prices and quantities are to be quoted based on gallons, NOT weight. 5. CONDITIONS OF CONTRACT The successful bidder shall be awarded a contract for twelve (12) months with the option to renew for two (2) additional twelve (12) month periods. Option for renewal will be exercised upon mutual written Page 3 of 22 Page 575 of 697 agreement, with all terms and conditions remaining adhered to. Any renewal will be subject to appropriation of funds by the City. The City intends to enter into a fixed price contract with the supplier providing the lowest, most reasonable cost to the City. Recognizing market fluctuations, after each twelve (12) month contract term, the City will consider an adjustment (increase or decrease) to the fixed price which shall be based on reasonable market evidence. It is the responsibility of the awarded vendor to submit written documentation requesting a price decrease/ increase at the end of each twelve (12) month contract term. The letter shall be addressed to the City of Lake Worth Finance Department. 6. DELIVERY DOCUMENTS AND INVOICE DOCUMENTATION The City requires all shipments be accompanied by a packing list or bill of lading stating, at a minimum, a description of the product and quantity. Invoices shall contain, at a minimum, the City purchase order number, delivery date, quantity, product description, price and unique invoice number. Delivery Reports: A certified report from the manufacturer shall be submitted for each Sulfuric Acid delivery to the City of Lake Worth. The report shall contain the following data: Date & Time of Manufacture Percent by weight of: 1. Strength in % 2. Iron (ppm) 3. NSF/ANSI Standard 60 Certification 4. Quantity in Gallons 5. Quantity in pounds Specific Gravity (Referenced to a temperature) 7. QUALITY ASSURANCE & RETURNED GOODS The successful bidder upon receipt of a purchase order shall assure the product shipped is of the correct quantity and meets all specifications of the bid, purchase order and order release. Deliveries which do not meet bid and purchase order specifications and requirements, including quality standards, shall be subject to delivery refusal and return to the vendor, at the expense of the vendor. 8. MATERIAL SAFETY DATA SHEET(MSDS) AND SAFETY COMPLIANCE A current Material Safety Data Sheet (MSDS) must be submitted for each applicable item within seven (7) calendar days of notification of award and with each shipment. The successful bidder shall comply with the rules and regulations of the Florida Department of Commerce regarding industrial safety and with the standards set forth in the Occupational Safety and Health Act of 1970 (OSHA and its amendments). 9. QUALIFICATIONS AND EXPERIENCE OF BIDDERS ■ The bidder must be regularly engaged in the business of providing the good and/or services as described in this Bid for a minimum of three (3) years. ■ The bidder must have sufficient financial support, equipment, fleet, personnel, quality control and Page 4 of 22 Page 576 of 697 safety programs and procedures in place to perform the required services. ■ The bidder must be able to acquire sufficient insurance as required by the City. ■ The bidder must provide a minimum of three (3) client reference of similar size and scope to this Bid. ■ The bidder shall assure that when, in the opinion of the City, an emergency condition exists, trained emergency crews and properly fitted equipment will be made available in an expeditious manner and will work with the using agency (if trained staff from using agency are available). Bidder shall state location and phone number of nearest emergency crew. TENTATIVE BID SCHEDULE Listed below are the tentative dates and times of the project and schedule by which the actions noted must be completed. If the City finds it necessary to change any of these dates and/or times, the change will accomplished by addenda. All dates and times are subject to change at the City's discretion. ACTION COMPLETION DATE IFB Publication Date August 18, 2017 Pre-Bid Meeting None Final Questions Due September 8, 2017 at 5:OOPM Addenda Published September 12, 2017 Proposals Due September 19, 2017 at 3:OOPM EDT SECTION 2 — SPECIAL TERMS 1. Pre-Bid Conference. No Pre-Bid Conference is scheduled. If bidders want to ask questions and seek any clarification concerning the project they can send questions to: Purchasing Division City of Lake Worth Financial Services Office—2nd Floor 7 N. Dixie Hwy. Lake Worth, FL 33460 E-mail: purchasing1@lakeworth.org 2. Time of Completion. The work to be performed under this bid shall commence on the date of Purchase Order and be fully completed within the time identified in the awarded bid or resulting contract. 3. n+hor fooc fnr+hic Drnion+ inrlor+ho ('nn+ron+• Page 5 of 22 Page 577 of 697 4. Licenses. Each Bidder shall have the following licenses at the time of bid submittal or its bid may be disqualified: • Proof of applicable licenses • Certificate of required Insurance Each Bidder will also be required, at the time of contract execution, to have a business tax receipt or certificate of registration in accordance with the following: • No person, contractor or subcontractor may conduct business within the City without a business tax receipt or certificate of registration. • A contractor who holds a valid countywide contractor's license, in addition to a county business tax receipt shall register with the City. • Any person engaging in any business, occupation or profession within the City without a permanent business location or branch office in the City, but holding a valid and currently effective business tax receipt issued by the county or another incorporated municipality, shall be issued a certificate of registration upon registering with the business tax official. 6. Insurance. Prior to execution of the resulting contract derived from this IFB, the awarded bidder shall obtain and maintain in force at all times during the term of the resulting contract insurance coverage as required herein. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The Certificates shall clearly indicate that the selected bidder has obtained insurance of the type, amount, and classification as required for strict compliance with this provision and that no material change or cancellation of the insurance shall be effective without thirty (30) days prior written notice to the City. Compliance with the foregoing requirements shall not relieve the selected bidder of its liability and obligations under the resulting contract. A. The selected bidder shall maintain, during the life of the contract, commercial general liability, including public and contractual liability insurance in the amount of$1,000,000.00 per occurrence ($2,000,000.00 aggregate) to protect the bidder from claims for damages for bodily and personal injury, including wrongful death, as well as from claims of property damages which may arise from any operations under the contract, whether such operations be by the bidder or by anyone directly or indirectly employed by or contracting with the bidder. B. The selected bidder shall maintain general automobile liability insurance for owned and hired vehicles (optional / per case basis) of at least $1,000,000 combined single limit. C. The selected bidder shall carry Workers' Compensation Insurance and Employer's Liability Insurance for all employees as required by Florida Statutes. All insurance, other than Workers' Compensation, to be maintained by the selected bidder shall specifically include the CITY as an "Additional Insured". SECTION 3 — MINIMUM QUALIFICATIONS Each Bidder must meet the following minimum qualification requirements in order to be considered for award. A Bidder who fails to meet these requirements will be disqualified. All decisions on qualifications are within the City's sole discretion. Page 6 of 22 Page 578 of 697 1. EXAMPLE: Bidder must have served as prime contractor for a minimum of two similar (2) projects involving similar scope of work within the last thirty six (36) months. Complete Form B2 — Bidder's Qualifications Form 2. EXAMPLE: Bidder must possess an active license as described in the "Licenses" section above. SECTION 4 - INSTRUCTIONS TO BIDDERS 1. HOW TO SUBMIT A BID: a. One original, two (2) copies and one (1) electronic copy (CD/Jump Drive) of the bid must be submitted in a sealed envelope, marked on the outside lower left-hand corner of the envelope with the Bid number, title, and date and hour bids are scheduled to be received. Sealed bids shall be mailed or hand-delivered to: City of Lake Worth Financial Services Office—2"d Floor 7 North Dixie Highway Lake Worth, FL 33460 b. Time is of the essence and any bid received after the closing date and time indicated on the cover of this I FB,whether by mail or otherwise, may be rejected.The time of receipt shall be determined by the time clock located in the Financial Services Office. Bidders are responsible for insuring that their bid is stamped by City personnel by the deadline indicated. The City shall in no way be responsible for delays caused by any occurrence. C. Bids submitted by telephone, telegram facsimile or email shall not be accepted. d. Submission of a Bid implies a full understanding of this IFB. Any misunderstanding as to such terms by the Bidder will not relieve the Bidder from performance. e. This IFB consists of this document along with all plans, drawings and/or technical specifications incorporated or attached to this IFB, all of which are incorporated herein by this reference. 2. THE BID PACKAGE. Each bid submitted in response to this IFB shall contain the following documents: B1 Bid Cover Sheet B2 Bid B3 Schedule of Bid Items B4 Contractor Verification B5 Reference List B6 Non-Collusion Affidavit B7 Drug Free Certification B8 Campaign Contribution Statement (must be submitted) Page 7 of 22 Page 579 of 697 AVOID BID REJECTION: Bids may be rejected for noncompliance to requirements after review by the Financial Services Office. All bids must be submitted on the provided Bid forms and signed in ink by an officer authorized to bind the Bidder where applicable. 3. COMPLETION OF BID SUBMISSION PACKAGE. a. It is the responsibility of the Bidder to insure that all pages are included. All Bidders are advised to closely examine this IFB. b. All bids must be submitted on the provided Bid forms. Bids submitted on Bidder's letterhead or quotation forms will not be accepted. C. Bid forms must be neatly written in ink or typed, and must be signed in ink by an officer or employee having authority to bind the bidder (where a signature is required). Failure to submit a duly signed bid may be cause for rejection of the bid. 4. ERRORS/ERASURES/CORRECTIONS a. Bids having erasures or corrections must be initialed in ink by the Bidder. If a correction is necessary, draw a single line through the entered figure and enter the corrected figure above it and initial the correction. Any illegible entries, pencil bids or corrections not initialed may not be accepted. b. In the event of mathematical 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 line item will prevail and the bidder's total will be corrected accordingly. C. Bidders shall not be allowed to modify their bids after the bid opening time and date. Bid files may be examined during normal working hours, after bid opening, by appointment only. d. Bidder represents that it has taken all necessary steps to ascertain the nature and location of the work and that it has investigated and satisfied itself as to the general and local conditions which can affect the performance of the work, including: (i) conditions relating to access, egress, transportation, debris disposal, parking and storage of materials; (ii) availability of labor; and (iii) physical conditions at the site. Any failure by Bidder to take these steps will not relieve the Bidder from the responsibility for estimating properly the difficulty and cost of successfully performing the work without additional expense to Owner. 5. BID PRICES. All prices shall remain valid for ninety (90) days after the date of bid closing or other time stated in the Special Terms. Prices must be stated in the units specified on the Schedule of Unit Prices. Bidders may offer a cash discount for prompt payment; however, such discounts should not be considered in the unit price bid unless otherwise specified in special conditions. 6. SUBSTITUTIONS. If Bidder wishes to offer a substitution for a specified item of materials or equipment, the proposed substitution must be listed on the Substitution Sheet. In each case, the difference in price between the base bid and the price for the proposed substitution shall be specified or if there is no price difference that shall be specifically indicated. The Bid shall reflect the Bidder's price for the item specified in the Schedule of Bid items; not the proposed substitution. The best value bid will be established considering the base Bid, not any proposed substitution. 7. SUBCONTRACTING. If a Bidder intends to subcontracts any portion of the work, the Schedule of Subcontractors form must be fully completed and submitted with the bid. The name, address, phone number and extent of work and value of the work to be performed should be included for all sub- contractors. The City reserves the right to reject any bid 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 Page 8 of 22 Page 580 of 697 nature, or who is not in a position to perform under this award. The City reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. 8. CERTIFICATION AND LICENSES. Bidder must include with its bid package a copy of all applicable certificates and licenses and a current Business Tax Receipt in the name of the Bidder submitting the Bid from the County in which the Bidder's principal place of business is located. If awarded the contract, any Bidder who is not required to have a Business License from the City will be required to obtain a Certificate of Registration from the City of Lake Worth prior to contract execution. 9. NO LOBBYING — CONE OF SILENCE. In accordance with the Palm Beach County Lobbyist Registration Ordinance and Section 2-112(k) the City's procurement code, the City's procurement cone of silence will be in effect as of the due date for proposals in response to this IFB. A complete copy of the City's procurement code is available on- line at municode.com under the City's code of ordinances (sections 2-111 —2-117). All Bidders are highly encouraged to review the same. In summary, the cone of silence prohibits communication between certain City officials, employees and agents and any entity or person seeking to be awarded a contract (including their representatives, lobbyists and potential subcontractors). The cone of silence terminates at the time of award, rejection of all response or some other action by the City to end the selection process 10. CONFLICT OF INTEREST AND ETHICS REQUIREMENTS. This IFB is subject to the State of Florida Code of Ethics and the Palm Beach County Code of Ethics. Accordingly, there are prohibitions and limitations on the employment of City officials and employees and contractual relationships providing a benefit to the same. Bidders are highly encouraged to review both the Florida Code of Ethics and the Palm Beach County Code of Ethics in order to insure compliance with the same. Further, any Bidder coming before the City Commission for an award of a contract and who has made an election campaign contribution in an amount that is more than one hundred dollars ($100.00) to any elected official of the City Commission, who is a current sitting member of the Commission, must disclose such election campaign contribution, verbally and in writing, in their responsive proposal to this IFB. Therefore, all Proposers shall complete the City's Campaign Contribution Statement attached to this RFP as "11314". 11. PUBLIC ENTITY CRIMES. Pursuant to section 287.133, Florida Statutes, a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida may not submit a bid to the City as agent for the ECR Board for 36 months following the date of being placed on the convicted vendor list. 12. INQUIRIES AND ADDENDA. Any and all inquiries on the scope of work, specifications, additional requirements, attachments, terms and general conditions or instructions, or any issue, must be directed in writing, by US mail, fax or email to: City of Lake Worth Financial Services Office—2nd Floor 7 N. Dixie Hwy. Lake Worth, FL 33460 E-mail: purchasinglp_lakeworth.org Phone: (561) 586-1654 Any addenda or other modification to the Bid documents will be issued by the City prior to the date and time of Bid closing, as a written addenda distributed to all prospective bidders who have obtained the bid package directly from the City or its authorized representative. Such written addenda or modification shall be part of the Bid documents and shall be binding upon each Bidder. Each Bidder is required to Page 9 of 22 Page 581 of 697 acknowledge receipt of any and all addenda in writing and submit with their bid. No Bidder may rely upon any oral or verbal modification or interpretation in preparing its bid. No interpretation of this IFB will be made for any bidder, except by written addendum. 14. ACCEPTANCE; REJECTION; CANCELLATION. In accordance with the City's procurement code, this IFB may be cancelled and may or may not be re-bid when determined to be in the best interests of the City. Any or all bids may be accepted or rejected in whole or in part, when determined to be in the best interests of the City. The City also reserves the right to reject the bid of any Bidder who has previously failed in the performance of an award or to deliver contracts of a similar nature on time or who is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of bidders. Any bid received without an authorized signature or past the submittal deadline may be rejected. Any withdrawal or cancellation of this Invitation for Bid, either before or after selection of a bidder, shall be without liability or obligation on the part of the City or its employees. Any action, selection or failure to select a successful bidder to this Invitation for Bid shall be without any liability or obligation of the part of the City or its employees. The City reserves the right to waive any non-material irregularities and technicalities, except timeliness and signature requirements. If a bid is late or a bid form is not signed, the City reserves the right to investigate the matter further and make a determination as to the materiality of the matter. Additionally, bids may be considered irregular and may be rejected if the bid: 1) does not strictly conform to the requirements of this IFB; 2) is incomplete; 3) any Bid Form is altered; 4) contains additions not called for; 5) is conditional; 6) contains prices that are, in the opinion of the City, unbalanced either in excess or below the reasonable cost analysis values; 7) bids are in excess of the approved budget for the project. 5. SELECTION OF BIDDER WITH WHOM TO CONTRACT. The selection of a bidder with whom to contract shall be based on the "best value" to the City using the following criteria: 1. Skill and experience based on current projects (in the last 36 months); 2. References for current projects; 3. Amount of the bid in relation to the needed goods, services, or construction and other bids received; and, 4. Adherence to the specifications and requirements of the IFB. The above criteria are equally weighted. 16. POSTING OF AWARD TABULATIONS. The selected bidder will be notified in writing with intent to award a contract. Recommended awards will be available for review by interested parties at the Financial Services Office and posted on the City's website. 17. CONTRACT. The City and successful bidder will be contractually bound only if and when a written contract between the parties is executed by the City. In the event a contract is not executed with the selected bidder and City reserve the right to select the next"best value" bidder based on the bid tabulation and to contract with said bidder. 18. PROCUREMENT CODE. The City's Procurement Code, sections 2-111 to 2-119 of the City's Code of Ordinances, shall govern this I FB. If there are any inconsistencies between this I FB and the Procurement Code, the Procurement Code shall take precedence. 20. COSTS. All costs incurred by any party in responding to this Invitation for Bid are the sole responsibility of the Bidder including any costs, fees or expenses associated with a protest. Page 10 of 22 Page 582 of 697 21. PROTEST PROCEDURE. Please see section 2-115 of the City's Procurement Code for the procedure. 22. CITY IS DOCUMENT GATEKEEPER. This IFB is issued directly by the City and the City shall be the sole distributor of all addenda and/or revisions to these documents. It is the responsibility of the Bidder to confirm the legitimacy of procurement opportunities or notices directly with the Financial Services Office. The City is not responsible for any solicitations advertised by subscriptions, publications, websites (other than the City's) or other sources not connected with the City and the Bidder should not rely on such sources for information regarding ay solicitation made by the City of Lake Worth. 24. SMALL BUSINESS AND LOCAL BUSINESS PREFERENCE. Section 2-117 of the City's Procurement Code shall govern the application of a small business and/or local business preference for this IFB. Documentation to support a Bidder as a Small Business and/or Local Business must be submitted with a Bidder's bid in response to the IFB. Documentation submitted after the bid deadline will be rejected. Applicable forms may be obtained from the City's Financial Services Office. 25. PROPERTY OF THE CITY. All materials submitted in response to this IFB become the property of the City. The City has the right to use any or all ideas presented in any response to this IFB, whether amended or not, and selection or rejection of a proposals does not affect this right. No variances to this provision shall be accepted. 26. DISCLOSURE AND DISCLAIMER. The information contained herein is provided solely for the convenience of the Bidders. It is the responsibility of each Bidder to assure itself that information contained herein is accurate and complete. Neither the City, nor its advisors provide any assurances as to the accuracy of any information in this IFB. Any reliance on the contents of this IFB regarding the project or scope of thereof, or on any oral communications with City representatives or advisors, shall be at each Bidder's own risk. Bidders should rely exclusively on their own investigations, interpretations and analyses in connection with this matter. This IFB is being provided by the City without any warranty or representation, express or implied, as to its content, accuracy or completeness and no Bidder or other party shall have recourse to the City if any information herein contained shall be inaccurate or incomplete. No warranty or representation is made by the City that any bid or proposal conforming with these requirements will be selected for consideration, negotiation or approval. Any action taken by the City in response to bids or proposals made pursuant to this IFB or in making any award or failure or refusal to make any award pursuant to such bids or proposals, or in any cancellation of award, or in any withdrawal or cancellation of this RFP, either before or after issuance of an award, shall be without any liability or obligation on the part of the City, or their advisors. Any recipient of this IFB who responds hereto fully acknowledges all the provisions of this Discloser and Disclaimer and agrees to be bound by the terms hereof. Any proposal submitted pursuant to this IFB is at the sole risk and responsibility of the party submitting such proposal. 27. COMPLIANCE. All bids or proposals received in accordance with this IFB shall be subject to applicable Florida Statutes governing public records including without limitation Chapter 119, Florida Statutes. 28. OFFICE OF THE INSPECTOR GENERAL. In accordance with Palm Beach County ordinance number 2011-009, this RFP and resulting contract may be subject to investigation and/or audit by the Palm Beach County Inspector General. 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 additional to all other remedies and Page 11 of 22 Page 583 of 697 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. Bidder/Proposer should review Palm Beach County ordinance number 2011-009 in order to be aware of its rights and/or obligations under such ordinance and as applicable. END OF SECTION 4 - INSTRUCTIONS TO BIDDERS Page 12 of 22 Page 584 of 697 (B1) BID PACKAGE COVER SHEET IFB #17-109 Project Title: 93% Sulfuric Acid —Water Treatment Chemicals BidderCompany Name: ..................................................................................................................... Enclose the following documents: 1. Bid Package Cover Sheet(131) 2. Bid (132) 3. Schedule of Unit Prices (133) None 4. Substitution Sheet- If none, mark "none". None 5. Schedule of Sub-contractors - If none, mark "none". 6. Contractor Verification (134) - Check the license and insurance requirements to ensure that you will comply and attach copies of current licenses. 7. Reference List(135) 8. Affidavit of Prime Bidder re Non-collusion (136) 9. Drug Free Certification (137) None 10. Trench Safety Compliance Form None 11. Contractor's Material Suppliers None 12. Contractor's Existing and Projected Workload 13. Campaign Contribution Statement(must be submitted) (138) Clearly mark the outside lower left corner of the Envelope with the Invitation for Bid number and title, and the Date and Time for the bid closing deadline. THIS PAGE AND THE FOLLOWING PAGES ARE TO BE RETURNED WITH YOUR BID. Submit ONE (1) ORIGINAL, TWO(2) PHOTOCOPIES AND ONE (1) ELECTRONIC COPY(CD/JUMP DRIVE) of your Bid package. AVOID BID REJECTION: All bids must be submitted on the provided Bid forms with each form completed and signed where requested. Signatures must be in ink and by a person authorized to bind the Bidder. Page 13 of 22 Page 585 of 697 (B2) BID IFB # 17-109 Proposal of: (Bidder Name) Total Bid Amount: $ (Write Dollar Figure Here) Time of Delivery: Monday through Friday 8:00am to 3:00pm; exceptions can be made for emergencies. Bidder agrees to furnish, unless otherwise provided, all implements, machinery, equipment, transportation, tools, materials, supplies, labor and other things necessary for the performance and completion of the work for the amount indicated above. The undersigned Bidder hereby declares that: 1. This bid is made in good faith, without collusion or fraud and is fair and competitive in all respects. 2. The Bidder has carefully and to his/her full satisfaction examined the attached Scope of Work,Special Terms, General Conditions, technical specifications, and form of bonds (as applicable), together with the accompanying plans, and Bidder has read all issued addenda. 3. Bidder has made a full examination of the site and is familiar with the site conditions that may impact its performance. 4. Upon receipt of a Notice of Intent to Award the contract the Bidder shall: 1) commence obtaining a the required bonds and certificate(s) of insurance and 2) commence obtaining a Certificate of Registration or Business License for engaging in business from the City, as such documents are required to commence the work. 5. Bidder understands that the contract time starts on the date of Notice to Proceed. 6. Bidder furthermore agrees that, in case of failure on his/her part to execute a Contract and provide all required documents within ten (10) calendar days of receipt of the Contract for execution, the offer to contract may be withdrawn and the check, bond,or other security accompanying his bid and the money payable thereon,shall become the property of the City, by forfeit as agreed liquidated damages. 7. The Bidder states that this bid is the only bid for this project in which Bidder is interested; and Bidder shall not be a sub-contractor or sub-subcontractor on this project. 8. Final completion shall be as stated above. 9. Bidder shall be responsible for all permitting fees and utility service connection fees unless otherwise specifically provided in this IFB or the resulting contract. 10. All debris is to be legally disposed of at a licensed disposal site in accordance with city, state, and federal standards. 11. The City reserves the right to select and include one or more alternates in the Project and work. Page 14 of 22 Page 586 of 697 12. The following officer, director or agent of the Bidder is also an employee of the City of Lake Worth. Name Address 13. The following employee(s)of the City of Lake Worth, either directly or indirectly, an interest of 10% or more of Bidder or its affiliates or subsidiaries: Name Address 14. Bidder and all affiliates, suppliers, subcontractor or consultants who will perform the Work have not been placed on the Public Entity Crimes convicted vendor list maintained by the State of Florida within the 36 months immediately preceding the date of this Bid. 15. Bidder acknowledges that ADDENDA NO(S). have been RECEIVED and are ATTACHED HERETO and are signed by a duly authorized officer of Bidder. 16. By signing and submitting this Bid, Bidder represents that all Bid Forms are fully complete and accurate. 17. Bidder acknowledges that the Bid may be rejected if all Bid Forms are not fully complete, not accurate or if forms are not signed by properly authorized signatures where required. Name of Firm: HQ Address: ST Zip Phone: ( ) Email: FEIN: State of Incorporated: Print Name: Title: SIGNATURE: Date: Sales Office: ST Zip Sales Contact Name: Title: Phone: ( ) Email: Failure to fully complete and sign this Bid Form may result in resection of the Bid. Page 15 of 22 Page 587 of 697 ���^�� ���~"� UFB #17-109 SCHEDULE OF UNIT PRICES In order to evaluate the total bid amount, each Bidder must identify the unit prices for the work set forth in the Scope of Work. In the event additional work is added tothis contract byChange [)rder, the following unit prices will beutilized (as app|ioab|e). Sulfuric Acid 93% 35,000 Gal Full Truckload Price 1 Gal /Gal $ /Gal Partial Truckload Price 1 Gal $ /Gal $ /Gal Price submitted includes all costs, air and including delivery costs. Please make sure that you submit your Full Truckload Price per gallon and your Partial Truckload Price per gallon. Time of Delivery: Monday through Friday 7:00onn to 3:00pnn; exceptions can be made for emergencies. Name ofFirm: Address: ST Zi Phone: ( ) Email: Print Name: Title: SIGNATURE: Date: Page &6nfZZ (B4) IFB #17-109 VERIFICATIONCONTRACTOR PRIME BIDDER: Name of Firm: Address: Telephone: ( ) Fax: ( ) Email: CONTRACTOR OF RECORD: Name: Address: Telephone: ( ) Email: State License# (ATTACH COPY) County License# (ATTACH COPY) Type of License: Unlimited (yes/no) If"NO", Limited to what trade? Is the Licensee a full-time employee of Prime Bidder? Yes No Will the Licensee be in responsible charge of the work performed and installed under this contract? Yes No Failure to fully or accurately complete this form may be cause for rejection of the bid. Page 17 of 22 Page 589 of 697 (B5) IFB # 17-109 LIST OF REFERENCES 1. Owner's Name &Address: Project: Contact Person: Telephone: ( ) Fax: ( ) E-Mail: 2. Owner's Name &Address: Project: Contact Person: Telephone: ( ) Fax: ( ) E-Mail: 3. Owner's Name &Address: Project: Contact Person: Telephone: ( ) Fax: ( ) E-Mail: Page 18 of 22 Page 590 of 697 (B6) AFFIDAVIT OF PRIME BIDDER Re Non-collusion lic Entity Cri State of } County of } being first duly sworn, disposes and says that: (Name) 1. 1 am the of the (Title) (Name of Company) Bidder that has submitted the attached bid; 2. 1 am fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the 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 communication 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 secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Lake Worth, or any person interested in the proposed Contract; and 5. The following Officer, director or agent of Bidder is also an employee of the City of Lake Worth. (if none, write "None"). 6. The following employees of the City of Lake Worth, own, directly or indirectly, an interest of 10% or more in Bidder firm or any of its affiliates or subsidiaries: (if none, write "None"). 7. 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. 8. Neither the Bidder nor any officer, director, partner, shareholder, employee, member or agent, who is active in the management of Bidder, or any affiliate or subsidiary of Bidder has been convicted of a public entity crime or action regarding antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy or material misrepresentation with respect to any bid or contract for goods or services to be provided to any public entity, or has been listed on the state Convicted Vendor List, within thirty-six months prior to the date of Bidder's Bid. (Signed) (Print Name) (Title) The foregoing Affidavit of Bidder regarding Non-Collusion and Public Entity Crime was acknowledged before me this day of 2016 by , who is (title) of and who is personally known to me or who has produced as identification. Notary Public Page 19 of 22 Page 591 of 697 (B7) DRUG FREE WORKPLACE CERTIFICATION The undersigned Bidder, in accordance with Florida Statute 287.087 hereby certifies that does: (Name of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violation of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business' 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 this bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities, or contractual services that are under bid, the employee will abide by the terms of the statement, and will notify the employer of any conviction of, or plea of guilty, or nolo contendre to any violation of Chapter 1893, 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. Bidders Authorized Signature Print Name: Date Page 20 of 22 Page 592 of 697 (B8) IFB # 17-109 CAMPAIGN CONTRIBUTION STATEMENT This solicitation is subject to Section"2-101 of the City of Lake Worth Code of Ordinances regarding campaign contributions. Sec. 2-101. -Additional and supplemental disclosures requirements. (a) Any elected official of the City of Lake Worth,who is a current sitting member of the city commission and has accepted an election campaign contribution in an amount that is more than one hundred dollars ($100.00) from an individual or business entity having an interest in a matter before the city commission in which the city commission will take action, must publically disclose, both verbally and in writing, such contribution prior to any discussion or vote on the matter. The written disclosure must be submitted to the city clerk. (b) Any applicant coming before the city commission for an award of a contract with the city and who has made an election campaign contribution in an amount that is more than one hundred dollars ($100.00) to any elected official of the city commission, who is a current sitting member of the commission, must disclose such election campaign contribution, verbally and in writing, during the application or bidding process and before the award of the contract. Vendor to complete: Check which statement applies, fill in the requested information, if applicable, and sign below. [ ] Neither the undersigned business nor any of its owners or officers contributed more than $100.00 to the campaign of a sitting City Commission member. [If you checked this statement, you are done and may sign below.] [ ] The undersigned business or one or more of its owners or officers contributed more than $100.00 to the campaign of a sitting City Commission member. All such contributions are listed below and on the attached sheet of paper (if more room is needed). [If you checked this statement, please fill in the information requested below and sign below.] 1. contributed a total of $ to the campaign of City Commission member 2. contributed a total of $ to the campaign of City Commission member 3. contributed a total of $ to the campaign of City Commission member 4. contributed a total of $ to the campaign of City Commission member Signature: I hereby certify that the above statements are true and correct to the best of my knowledge and I understand that a false or inaccurate statement may result in the rejection of this bid/proposal/submittal or the immediate termination of any resulting agreement with the City of Lake Worth. Page 21 of 22 Page 593 of 697 By: Print Name: Print Title: Print Name of Business: Commissioner/Mayor to complete: Check which statement applies, fill in the requested information, if applicable, and sign below. [ ] Neither the above referenced business nor any of its owners or officers contributed more than $100.00 to my campaign. [If you checked this statement, you are done and may sign below.] [ ] The above referenced business or one or more of its owners or officers contributed more than $100.00 to my campaign. All such contributions are listed below and on the attached sheet of paper (if more room is needed). [If you checked this statement, please fill in the information requested below and sign below.] contributed a total of$ to my campaign. contributed a total of$ to my campaign. contributed a total of$ to my campaign. contributed a total of$ to my campaign. Signature: I hereby certify that the above statements are true and correct to the best of my knowledge and I understand that a false or inaccurate statement may result in the rejection of this bid/proposal/submittal or the immediate termination of any resulting agreement with the City of Lake Worth. By: Print Name: For City Clerk's Use Only. THIS SECTION SHALL BE COMPLETED ONLY IF THERE IS A CAMPAIGN CONTRIBUTION LISTED ABOVE BY THE VENDOR OR COMMISSION MEMBER. Applicable campaign contributions were disclosed in writing above, and prior to the award of the contract, the following statements were verbally made at the City Commission Meeting on the day of , 201_ Check all that apply. Commissioner/Mayor verbally disclosed the campaign contribution(s) set forth above. Vendor, verbally disclosed the campaign contribution(s) set forth above. Page 22 of 22 Page 594 of 697 7.C. BIDS AND PURCHASES OVER$100,000 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R18-173-Approve utilizing the City of Miami's Contract I FB No. 516388 to furnish, install and repair emergency equipment on all City vehicle's on an "AS NEEDED BASIS" from Dana Safety Supply, Inc. of Doral, FL for an estimated annual amount of$400,000. Authorize the City Manager to sign a piggy-back agreement with Dana Safety Supply, Inc. EXPLANATION OF REQUEST: Renewal Period: January 25, 2018 - January 24, 2019 Fleet Management is planning on replacing at least thirty (30) Police vehicles and four (4) Fire vehicles for fiscal year 2018-2019 utilizing this bid to furnish the replacements with the required emergency equipment and lighting. Dana Supply is the only BluePrint certified installer in South Florida, which is the Fire & Police Departments current lighting operating system. This will allow for uninformity within our fleet and continuity for equipment design so employees can switch vehicles without experiencing difficulties. Moreover, the contract provides a seven (7) year warranty on lighting which exceeds industry standards five (5) years. The Finance Department has reviewed and has determined that City of Miami's procurement process satisfies the City's competitive bid requirements. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The purchase of emergency equipment and lighting will allow for our emergency vehicles to respond to emergency calls for service in a safe and prudent manner. Emergency equipment will allow employees to successfully meet our mission as providers of effective, efficient and impartial services to the community. FISCAL IMPACT: Budgeted Funds for the emergency equipment have been budgeted in the Fleet Management account#501-2516-519- 64-33 Previous years expenses: FY 17/18 $261,058 FY 16/17 $172,915 ALTERNATIVES: Issue our own bid, but staff recommends utilizing this bid. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: Page 595 of 697 CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: CONTRACTS VENDOR NAME: Dana Safety Supply START DATE: 1/25/2016 END DATE: 1/24/2019 CONTRACT VALUE: MINORITYOWNED CONTRACTOR?: No EXTENSION AVAILABLE?: Yes EXTENSION EXPLANATION: Three (3) additional one year periods ATTACHMENTS: Type Description Resolution approving piggy-backing City of Miami D Resolution Contract and authorizing the City Manager to sign an Agreement with Dana Safety Supply D Agreement Piggy-back Agreement with Dana Safety Supply D Contract Dana Safety ® Contract D Amendment Dana Safety ®Amendment No 2 D Attachment Dana Safety ® Contract Renewal Page 596 of 697 1 2 RESOLUTION NO. R18- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA, APPROVING THE PIGGY-BACK OF A CITY OF 6 MIAMI CONTRACT IFB NO. 516388 TO FURNISH AND INSTALL 7 EMERGENCY EQUIPMENT FOR LAW ENFORCEMENT 8 VEHICLES ON AN "AS NEEDED BASIS" WITH THE SAME 9 TERMS, CONDITIONS, SPECIFICATIONS AND PRICING WITH 10 AN ESTIMATED ANNUAL EXPENDITURE OF $400,000.00; 11 AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT 12 WITH DANA SAFETY SUPPLY, INC.; AND PROVIDING AN 13 EFFECTIVE DATE. 14 15 WHEREAS, City staff has confirmed that the procurement process of the City of 16 Miami meets or exceeds that of the City of Boynton Beach's requirements; and 17 WHEREAS, upon recommendation of staff, it is the City's desire to piggy-back a 18 City of Miami Contract IFB No. 516388 to furnish and install emergency equipment for 19 law enforcement vehicles on an"AS NEEDED BASIS" with Dana Safety Supply, Inc., for 20 an estimated annual expenditure of $400,000.00 with the same terms, conditions, 21 specifications. 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 the piggy-back of a City of Miami Contract IFB No. 516388 to furnish and install 29 emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" with 30 Dana Safety Supply,Inc.,for an estimated annual expenditure of$400,000.00 with the same C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\029106B4-7AAA-4AFD-961A-1573CC936649\Boynton Beach.13452.1.Piggy-Back (Dana Safety_Supply_ForEmergency_Vehicle_Equipment)(2018-19)_-_Reso.Docx Page 597 of 697 31 terms, conditions, specifications. 32 Section 3. The City Manager is hereby authorized to sign a contract with Dana 33 Safety Supply, Inc., a copy of which is attached hereto as Exhibit"A". 34 Section 4. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this day of , 2018. 36 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— 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Judith A. Pyle, CMC 59 City Clerk 60 61 62 63 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\029106B4-7AAA-4AFD-961A-1573CC936649\Boynton Beach.13452.1.Piggy-Back (Dana Safety_Supply_ForEmergency_Vehicle_Equipment)(2018-19)_-_Reso.Docx Page 598 of 697 CONTRACT FOR EMERGENCY EQUIPMENT FOR LAW ENFORCEMENT VEHICLES This Contract is made as of this day of , 2018 by and between DANA SAFETY SUPPLY, INC., a Florida corporation authorized to do business in the State of Florida,with offices at 1620 NW 82nd Avenue,Doral,FL 33126("DANA SAFETY"), and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton Beach Boulevard, Boynton Beach, FL 33435 (the "City"). RECITALS WHEREAS,emergency equipment and lighting will be required for the 30 police vehicles and 4 fire vehicles that Fleet Management is planning on replacing in fiscal year 2018-2019; and WHEREAS, the City is utilizing the City of Miami Contract IFB No. 516388 with DANA SAFETY to furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" in the estimated annual expenditure of$400,000.00; and 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 Contract. Section 2. The City and DANA SAFETY agree that DANA SAFETY shall furnish and install emergency equipment for law enforcement vehicles on an "AS NEEDED BASIS" in the estimated annual expenditure of $400,000.00 utilizing the City of Miami Contract IFB No. 516388, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to City of Miami shall be deemed as references to the City of Boynton Beach. B. 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 Page 1 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\8A887B6C-2F41-4CE8-9554-84938C2A3B4A\Boynton Beach.13453.1.Piggyback -_Dana Safety_-_(Police_Vehicle_Equipment)(2018-19).docx Page 599 of 697 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The venue of any action taken to enforce this Contract shall be in Palm Beach County, Florida and this Contract shall be interpreted under the laws of the State of Florida. D. The following terms and conditions are hereby incorporated into the Agreement: 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 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. Section 3. In the event that the City of Miami Contract is amended, or terminated, DANA SAFETY shall notify the City within ten(10)days. In the event the City of Miami 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. Section 4. DANA SAFETY 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. Page 2 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\8A887B6C-2F41-4CE8-9554-84938C2A3B4A\Boynton Beach.13453.1.Piggyback -_Dana Safety_-_(Police_Vehicle_Equipment)(2018-19).docx Page 600 of 697 Section 6. In all other aspects, the terms and conditions of the City of Miami, Contract IFB No. 516388 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 DANA SAFETY SUPPLY, INC. WITNESSES: BY: Print Name: Title: ATTEST: CORPORATE SECRETARY Page 3 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\8A887B6C-2F41-4CE8-9554-84938C2A3B4A\Boynton Beach.13453.1.Piggyback -_Dana Safety_-_(Police_Vehicle_Equipment)(2018-19).docx Page 601 of 697 EXHIBIT A AGREEMENT BETWEEN CITY OF MIAMI AND DANA SAFETY Page 4 C:AProgram Files(x86)Aneevia.com\docConverterProAtemp\NVDC\8A887B6C-2F41-4CE8-9554-84938C2A3B4A\Boynton Beach.13453.1.Piggyback -_Dana Safety_-_(Police_Vehicle_Equipment)(2018-19).docx Page 602 Of 697 0. . t IFB 1 (21). DESCRIPTION: UCH INSTALLATION F.MUNICIPAL , ICL EQUIPMENTCITYWIDE CONTRACT—TERM OF •) FOR T )ADDITIONAL PERbODS CONTRACT1 COMMODITY CODE' 0, . ' 0- ° N ' [gena Supply,Inc. 1020 NW 622nd Ave. Doral,FL 3312 Contact:Mark Savlgny 144 Rx— Coco Its:;d''; ° ' ,. •�,sus:'°::Sx..w �., :.` ' � t Phone: (954)428-377 Fax: (954)634-2490 Email:ftladgakmrr sad ° °; t•Fr 4:.'_'®I.® e?yaRl�":i�:o'• :T,* :° jo kgA UA MOUNI. CC AWARD DATE: A? RESOLUTION NO: NA fig s ' AlPP a . . litthel bad. availability of fun P CT01 °® ,doe 017Y OF MIAMI,GSA +gs :fY 'ti`'j; 'fie rte. _ ,,.,•� i ContmolAdminlatrateir Phone:(306)3294874. J M1. `•y,, r y • -PIS �IIV F NICYwr ®. f CITY OF MIAMI,DEPARTMENT OF PROCUREMENT s Eduardo Feloon Phone:( )41 0-19GI Prepared By: Almse Gandarilla,2016 A CONTRACT AWARb SHEETI OUIDE TO ABBOT YOU VOTH THE INFORMATION CONTAINED HERINK 18 AVAILABLE THE ISUPPLIER INFORMATION-SECTION OP OUR WEBPAOE AT: MIAMOMAXWMIOCUREMENT I i y Page 603 of 697 a 4 g a a i a a • r ® ® r ^ ® N d � i i i i i i • • Y i r r W 4 ~ Ln 3 ! f s i £ 4 Z . a IL F .. E 3 i [ B rA 4� e Page 604 of 697 k i V 1 i a a • a • • a a a .•e • � + • a a a I r r s • � a r a ( a • � • a � r a a � s r I W r s 4 LU Q 7 Ln ry 1 via ' a � 1 I a+ i E s � [ s N Page 605 of 697 91 k I i; Go ro N g 9 39 Lu In kh 2 W U. 0 Z z 9-1 ST, cl I if 3 19' Page 606 of 697 A 111101111-11' ORATE Invitationl i r y Miami RlmWde Center A44 SW 2rd Avenue,61h Mor Miami, ride 83130 Web ®Wild,rdard.tuetpmwroment Number:HIB 516388 OB for 0 Munidpal Vehicle i Issue Date/Time: 21-SEP-201 1FB Closing Date/Time: 1 - Pre-Bid one Pre-Bid : Pre-Bid : Deadline for Request far i y,Septembw 29,2015t 3:OOPM Buyer: co ,Eduardo Hard Copy Submittal Location: o -City 3500 Pan Amerlem Drive Miand FL 33133 US Address:Buyer E-Mall shleon@ndamigov.com Facsimile:Buyer 3 F Pap I of 5 Page 607 of 697 Certmeadon Statemelst Please quote on this form, E applicable, net prices for the item(s) listed. Return signed original and wtafn a copy for ym filep. Pricas should inchWe.all cots,including trunsportatim to datination, The City resaves tharight to accept or reject ell or any part of this submission. Priow-should be fim for a minimmm of 180 days IbIlowing the time,oat for closing of&a submissions. In tha avant of mrors in wdanoion of'totals, the.unit prices shall govem it dotonniniuS the quoted prim. Wia(1) oat*that we have read your solicitation,completed the necessary documents,and propose to furnish and deliver,F.O.B.DRSTINATION,the items or am-vices specified herein. The undersigned hadby certifies that neither the oontzwftW party nor any of its principal owiters or personnel have been convicted of any of thaviolqtions, or debarred or mupended, as act in section 18-107 or-Ordinance No. 12271. All exceptions to this mubmissien have been documented in tha sectioa below(raft to paragaph and section). EXCEMONS: We(1)vertit that any and all infitrmation contained in tbb swmission is true,-and we ftlhw oardfy that this submission is made witimt prior understankfing, agreement, or connection with any corporation, fim, or person submitting a submission for the same materials, ffupplies, equipmot, or sexvioa,and is in all mpects fair and witJ=t ollusion or fraud. We(1)agree to abide by all tarms and conditions of this soliciI-am authorized to sign this submissim fbr the gubmitter. Please print the following and sip your name: SUPPLIERNAMM , ADDRESS: PHONE: FAX: EMAIL: BEEPER: SIGNED BY: TrrLE- DATE: Page 2 of 52 Page 608 of 697 CartMeations Legal Nam of Firm . Year Established:- f ,or Other Occupational Ucense Number:A Clooupstional License&pimficn Date: i r 9 Will s ) If )will be udlb4 beresponsible for under this contract(a copy }mot be subrdtted with Your bid reapcm 4 If no subcca�tor(s)will be utilized,please insert NIA.: Plane t and aelmowledgereceived. List the addandum/adden&numberand date of receipt(i. ,Addendum No. 1,7/11 issued, r Refarenoe . is au=tly providing the awvIces/goods gias describedssolicitation, o t: Reference No. 1:Address,City,State, listed: Pap 3 of 52 Page 609 of 697 Rzferanoe . 1:Nameof Contact Person and Telephone Number fbr above refamm no. 1 Reftence . 1:Date of Contract or Sale for above Rafarence No. of CompanylAgency for which bidder is owmdy providing the services/goods describedas solicitation, icepast- Raftence No.2: Address,City,State,and Zipe rWbrence compaty/agencylistmi Rafmmee No. :Name of Contact Penonand Telephone Number for above . I e No.2:Date of Contract or Sale for above rdbrence no. Rehrence No.3:Name of Company/Agency for which bidder is curtudy pvviding&e services/goods as described in this solicitation,or has provided such services/goods in the past: Rahmoe .3:AddrM,City,State,and Zip fbr above raimme compaWagency listed,. Raftence No. of Contact person and Telephoneabove Reference o.3.Daft of Contract or Sale for above reference no. y Pop 4 r C of 52 Page 610 of 697 Line. 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Lim:41 DekTbtiow Percent Discount Off Manufacturers List Price Caktolog for Iftv"hields MSMUERCtUring (express w a decival,Le.40%discount ) 05557-00 't of Measure:Each Unit Price: Nudberof Units: 1 Total: s Lim t , z Percent Discount Off Manufacturerst Price Catalogor Rafflotroules Inc., www.radiotroulco.com (express as a decimal,i. . o discount s 055,97-00,Each Unit Price: Number a of Units: I : a Line.43 I eDewriptiont Percent Discount Off Mianufacturen LIst Price Catalog for Drivecam, gi ( rowdiscount unit Of Measure:Rich Unit Price: Number of Units: I Total:-5 Lirm:44 'pdon.-Percent Discount Off Manufacturers List Price Catabg for Laguna 3P, wwwJqpum3p.com Page 15 of 52 Page 621 of 697 (express as a dedmal,Lt.40%discount-AO) Category: OSS57-00 Unit OfMCGOM.-Each Unit Pdoe: N=ber of Units: I Total:$ ........... Line:45 Description.,Labor Ttme to Install Prlioner Cage (exprea as a dedmal,112 hour M.5) Category: 05557-00 Unit of Mau=Each Unit Nee- Number of Units:I Total: ® 46 Deacdptton-Labor Time to install Prisoner Seat (express as a decimal,It2 hour-.5) Category:05557-00 Unit of Meagme:Each Unit Price:$ Number of Units: I Total: Line:47 DescriptiGn!Labor Time to latall FrIsoner Seat&Cap (express as a dechnal,1/2 hour-.5) Caftozy:05557-00 to Measure:Each Unit Price: Number of Units:I Total:$ Liaw.48 Description:Labor Time to Install Rear Window Bars with OEM or ABS door panels (expren as a dechnal,1/2 hour-.5) Category.05557-00 Page 16 of 52 Page 622 of 697 Unit of Measure,Each Unit Prim- Number of Units:1 Total: Line:49 Denriptioza Labor Time to Install.Rea Window Baro and ABS door panels (eRpreu as a dedinat 1/2 hour-.9) Category:.03557-OM Unit OfMossure:Rach Unit Prioe: Number of Units:I Total: L• 50 Deocriptiow Labor Time to install Four(4)Corner Universal LED Hideaway Light System with Controllw (express as adechnA. Category: 0,3557-00 Unit of Measurm Each Unit Price:$ Number of Units: I Tow: Liao:51 Description:Labor Time to Initall Four(4)Corner Universal LED Hideaway Light System without Controller (express as a dedinal,112 hour-J) Category: 05957-00 Unk of Measure,Each- Unit Price: Number of Units:I Total: Line:52 Dewription,Labor Rate:Discounted Hourly Labor Rate to lutRR Items From Catelop and Padmges as Listed. Category:05557-00 Pop 17 of 52 Page 623 of 697 Unit of Meaffure:Hour Unit Price:$ Number of Units: 1 T Line:53 Descriptim,Balance of Line:%Discount off Catdop Not Lfiftd. (express as a ded=4 Le.40%discount-AD) Category:05557-00 Unit Of MealuM.Each Unit Prks:S Number of Units: I Total: •t the Catalogs that are being -discounted Line:54 Description.,ADD-ON SERVICES Window Tinting with Labor Included fore (Compact to Fail Size) (as per section 3.1.3) Category: 05557-00 Unit of Meagure:Each •t •$- Number of Units: I Line:55 ® ADD-ON SERVICES Window Tinting with Labor Included for Sporta'Utflity Vehicles (as per section 3.1.3) catesoxy.05557-00 Unit of Measure:Each Unit Price: Number lof Units: I Total: Line:56 ® ADD-ON SERVICES Window Tinting with Labor Included for Pickups Standwt Cab (a per section 3.1.3) Pap 18 of 52 Page 624 of 697 0555-7-00. ®t 't ` e: :1 w e Description:Line:57 r Included for Mops Extended Cab (w per section . . ) Category:ON57-00r Unit of .Each ILim:38 Descript • forCrew Cab (n per section 3.1.3) OSM7-00. Unit of Measum:Each •t Price: Number of Units;I T I Pap 19 af 52 I t Page 625 of 697 Bid 516388i i Table ofCoutento & Tm=and Condid=.........................................................................®..........................................................................21 ........................r......w.......................................•...........................,...... 1 iI.I. .................................................................................21 2.SpwW Condidomm .................................................................................................................»........................41 .1.PuRposE ........................................w..................................................................................................Al .2.DEADLMFOR R13CETT OF REQUEST FOR ADDITIONAL WORMATIONf ..................................................................................»..,..................41 2.3. .....................................................................................41 . .TEM OF CONTRACT ............w..................................................................................1.......I.......I...... 1 ®CONDMONS FOR RENEWAL ........................................................................................................41 . . - .........................—................................................................41 .7.METHOD OF AWARD ...................................................................................................................... r 2. ..................».................................................................... 42 . .FACILITY LOCA710N ..®.............n.......................,............................................................... ...... 42 g2.10.CATALOG MSCOUNTS .............r...................................................................................................42 2.11. .12.HOURLY LABOR AND INSTALLATION PXCES ...................................................................... 2.13.DELAFERY f1,IQUIDATED DAMAGES ......................................r.............................................. 2.14. 2.15. .1 .........................w...,..„....w............................................................. 43 2.17.PATEM AND PtoyAums .............................................................—......................................... AS 2.1 - ............................................... 5 I 2.19. 2.20.PACKING SLIPIDEIXVERY ITCKET TO=OWANY ITEMS DURING DELpFERy ......... 46 2.21.COUPLETED WORK ................................................................................................................ 2. F ............................ 2.23.CONTRACT ADMWSTRATORS ................................................................................................... 46 2.24. ......................................................... 7 2.25.WORKMAMET AND MATRRLkLS ..................................................n.........................................47 2.26.TIE 13IDS ........................................................................................................................................... 68 237.DAMAMS TO PURLICA3RIVATE PROPERTY ............................».............................................. 2 T ............................................................................:.........................................4 .....4 2.30. .........................................-... 2'.31:PRODUCT SUBSTritrM .............................................................................................................. 2.32.REFERENCES ....................................................................................................................n............A 2.33.SPECIFICATION EXCEPTIONS ..................................................................................................... 2. .....................................................................................I........». 2.35.BALANCE oF LINE ...................................................®..................»..................................................5 2.36.ADDITIONALCONDITIONS .......... ....,.............�.................................................. 0 . a 3.1.SPECIPICATIMSMOPE OF.WORK ......„......................................................................................51 uPer 20 of 5 Page 626 of 697 Bid )51,63 ConditionsTerms and 1. I.I.GENERAL TERMS AND CONDITIONS Intent: The(knerd Tmms • oa s with an.aftatod aggregate 25, . o is is o Bids, Retlaefft for QuWcadm} Flonds. Law,as amended. F=W Solicitation and Solicitation. 1 be dcfiwd in the same Mmm herehL 1®1. good(m)or equipmwt delivered under No ftnid soHoijadon,if applicable,, good is made,and is Y e iu t t liedto the City=fbmd to be defective or s not conform to spasifinatiow, ulxm written notice to the Contractor and reftun dW PrMIMA W the Contractorat this Conftctor'sea 1 . or elcictrunic pubmisaimof your oolicitatigm of the bidderipwager, City of a purchase order. right to accept or rocat zW or aU reganses of Parts Of ismnoo an the goodff/mvices described in 1he sollcitelim In the, event of such rejection,the Director of Purchasing BhaU notify 1 affected biddaWproposers. available a wAttan avimation for the mdection. The city Ww mwm the riot to reject the twpowe of my bidderAwopoeor who hatprevioudy Ailed.to pWaly pwkm under dw totme and conditions a conftots of a similar tatue,and who in not in si is solicitation. The City fluthar reserves tha right to WalVey imPhAticl Or minor WftmsUtics Or technicalities in y or aR responses and may,atIts iA ADDENDA--I s a of all Addends.Addenda arouvaildbla at the r: ' i.s.ALTERNATE RESPONSES WILL NOT BE CONSIDERED. dispose of the resulting t,or any .T. -in c litigation, ' ti attorney'seach p&V shall bear du*own litigation and AnY POst- proceadinBs- 1. . s 1 ressom1ble.fimes to the Cjty,or to my of i rto uWbooks,documents,papam and noords of Caimotor which m directly perdmt to this ftmal solicitation, t. B1dderA3rWw aW maintain and retain any and 011 of ° Page 21 of 5 Page 627 of 697 InvihWon for Bid-(IPB)51 88 the books,documents,papers:and records portinant to the Contract for ffiree(3)yeara after the City makes RW payment and all other pending maam an closed. Contractor's fdhn to or rdwal to comply with this condition sbaU result it the immediate canodlation of this contract by the City. I.P.AVAMABILrrY OF CONTRACT STAT.&WIDE-Any(3overaniental,notmft,-proflt or queal-governmental antity in the State of Florida,may avail itself of ft contract and purchase any end at gooddoarViced.Vocified hareth ftom the successful bidder(a)4woposer(s)of the contract prios(s)established herein. whenpermlasible by federsL date,and to laws,rules,and regulatiom Ewh Govemmantal,not-fir-profit or qued-goverucwtal entity which uses thie formais ' and resulting bid contact or agreement will establish its ownc its own orders,ism ite own pumbase orders be invoiced there ftm and makei Its own payments,datermiais shipping tame end Issra its own exemption oardfloates as required by the auccowN bldder(s)0opowr(a). 1.10.AWARD OF CONTRACT: A.The Formal Solicitation,Bidder'dProposer's rapponse,any a4den&issui4 and the purchase order Constitute:the imtlra contraA unlese modified in acoordancewith my ensulng oontrsodagreament,amendment or addenda. B.The award of a contract Where them we TleBlds will be decided by the Director of Purcbwflng or designee in the instance that Tie Bids can't be detaz=fned by applying Florida Statute 287.097,Preftum to Stwinesses with Drug-Free Workplace Programs. Q The award of this contrad mq be preconMoned on the subsequent submission of other documents w specified in the Special Conditions or TwImical Speciffoation&BiddaMWoser shell be in daWt of Its contractual obWan If Koch dooummts am not submitted in a thosly www and in the fmm required by the City. Whom Bidder/Proposer is in deffiult of these contmotael requirements,ihe City,1hrough action tdm by the Putchasing Depattueent will void its somptanae of the Bidder'slProposer's Ruponn mid may accept the Raponse ftom the next lowest responsive,responsible Bidder or Proposal most advaatapovs to the City or re-solioit the City's requirements. The City.at its.,00lo discretion,may seek monetary rudfixtion ftm BiddalFroposer and its biftroposal bond or guaranty,if applicable,as a result of damages or Increased costs sustained as a result of the Bidder'dFroposet'a default D. The tarm of tha confrad shall be speoffied In one of thme documents which shall be issued to the succeisM BidderAltoposer, These documents may either boa purchase.order,notice of award and/or contract sward sheat. L 71m City reserves ilte right to automatically d dils contract for up to one hundred twenty(120)odeo torten der days beyond the stated contract twm in ordw to provide City departmenj with continual service and supplies while anew coaftotis beingaolldta4avaluat4 andtor awarded. IftharWdiawmvio4the-Cityehaftnot*dw Biddazgkopoaar,in writing,of Its intam to extend dw contract at dia am priov,terms and conditions for a speofflo nmber of days. Additional extelisions am the EM one hundred twenty(1 201 day wandon may ooaur,if,the Ctly and the Simoesaffl BidderAhopooer are In mxhW agreement of uurh extensions. F. Where the contract involves a single shipment of goods to the City,do-conttact toon shall concluda upoo coulpletion of the expressed or implied warranty pwfods, G. The City reserves the right to award tho contraot on 4 split-ordar,lump sum or individual-item bask or such combination as shall beat mne the interests of the City unlen.otherwise specified. H. A ConhutlAgreament may be awarded to die BidderAhmposer by the City Commission band upon the ® requirembuts reflected herein. As a result of a RFP,RRI or RML tha City resaves the right to exacuto or not exeau*as applicable,an Agreement with the Proponar,whichaver is determined to be in the Pegs 22 of 52 Page 628 of 697 Invitetice.forBid )5I City's but inftmeb. Such agreement will be hmiWW by the City.Will OOnWn callin terms 0=in the CitY'9 bost interests,and will be ffabject to approval as to legal ftm by the City AttonW- I 1.11.BM BOND/BIOD SECURM-A caghloes or certified check,or a Bid Bond signed by a recognized nuety pw 19 to the aty of •bjW ,for the amount bid is company the is licensed to do business in the State of Florida, irab ni required firm all biddenulpiiaposeza,ff so indicated under the Special Conditions. 7Wo du&or bond guarantoes that a bidderiproposer will awept the order or contreaVagroommt am bidfproposed,if It is awarded to bidder/proposer. BiddwWroposer shell f biddeposit to the City should City award conbut/arbomfint to BidderAtoposer and to gogept the&Wgd The city merves ft right to reject any and all surety tendered to the City. Bld deposits me returned to unsuccoseftil biddersi'proposars within ton(1 0)days after "award and amonsful Wder's*oposer's acceptance of awm&If sixty(60)days have passed after go date of the, fbrmal solicitationclosing date,and no contract hoboon.me"allbid depositswill be retuned on demand. 1.12.REWONSE FORM(EARDCOFY FORMAT)-All ftan should be completed,signed and submitted aworftly. 1,13.BID SWURITY FORFEITED MQUIODATED DAMAGES.rag=to.enocute an Agroment and/or file an acoaptable Performance Bond,when required,an provided h=1% "be just came for the annulment of tba award and the fbiffiture of th&Bid Security to the City,which forlbiture lb coaddemd,not as it ponalty,but;in mitigatim of damages sustsiw& Award=y ftn be made to the next lowed responsive,responsible Bidder or tuft City or all responses maybe rajected. 1.14.BRAND NAMs-if and wherever in Me specifications brand narnes,makes,model%names of any mam:6okuwa,tide==a,*rbkkWprcpow ostalog munbers=qHKAfied,it is for&a purpose of establishing the VM fnetion,mmumun standard of dedgu,effiehaT,grado or quaty of goods only. When&*(Ity does not wish to rule out other competitors'bnmds or makes,the phreac'M HWAV'19 We& When biddlug/proposing an approved equal,Biddbrs/Fropoeem vinil submi4 with their response,complete sets of necessary data(fitolory information sheats,apeoffications,brodrares,etc.)in order for the City to evaluate and determine the equality of 1ho item(e)bid/proposed. The City shall be the solejudge of equality and Its decision ehall be MW. Unless o opeol&4 tvideme In the fb=of samples may be requeated if*e proposed brand is other than apecified by the City. Such suVlw are to be famished after formal solicitation openhWolosing only upon request Of die City. If umplas should be requested,such samples most be received by the City no later than soven (7)Wonder days afkw is formal request is mede. 1.15.CANCEILATION.110 City rourm ft right to cancel in ftmW solicitations befto its openindoloft in the gmt of propoed canoellation,the Dbector of Purchasing Wzn notffysU prospective bidilarelpmposen and make available a written explantion for the oancellation. 1.16.CAPITAL=MWITURIS-Coaftector understands,ft any capital expenditures&d the firm nullm,or prepares to malm,in ardor to,dd1vw/parfixm the goods/m-Acos nxpfred by the city,is a business risk which the contrwtor muA nosome. IU Citrwill not be obligated to rdmbume amortized or unamortized espital expanditues, or to maintain the approved status of any contractor. If coattactor has been unable to recoup its capital UPmxHtmV8 during the time it is mdering such goodefeervices,it shall not have any OWM upon the City. 1.17.CITy NOT LIABLE.Von DzLAYS-7t is flather wpressly agreed ftt in no event shs1l the City be Liable for.or responsible to,the Bidder/PtoposedCowultaA my d. t,or to any Dew person ft or on aosount of,my stoppages or delay in the work hardh provided for by Wunotion or other legal or equitable proceedings or On,account of anyAdley for any cause over Which.flo City hu no coultol. 1.18.COLLUSION—BiddarOPrWaser,by submitting a respongej certifies that its response ia muk without previous understanding,agreement or connection,either with any person,firm or corporation m&mltting a respona PUp 23of 52 Page 629 of 697 Irsvitation for Bid PE)516388 for the owns itemdearvicas or with the City of Miami's PurebAsing Department or initiating department. no BiddedProposer cartifies 69 it&response is fair,widwut control,ooffilsion,fkand or-other illapl action. Bidde0roposer cortiflea that it is in compliance with am Conflict of Interest and Code of Effiks Laws,The City wig inve-stiPts all potential situations where collasion may have ocoarred and the City resenvas tho riot to rejeat any and all bidaftewmmes where collusion may have owwrod. 1.19.COP"LILANCK WrM FEDERAL,STATZ AND LOCAL LAWS-Contractor underatande that contacts between prlvde entities and local governments we subject to cartain laws and regulations,moluft laws pertaining to public records,ocinfild of ittwas�records kmphi&.atc. City and Clontractor agree to camply with and observe all qTlicable laws,codes and a*xmow as&at may in any vmy affect the goods or eqdpmant offmd,including but not limited to: A. 9xmifive Order 11246,which prohibits discrimination against any emploM applio=4 or client be==of =46 creed, ®national origin,sM or ap with regard to,but not-limited to,the following: employment preotices,rate of pay or other o=pmation medwds,and training safixAcn. B. Occupational,SWW and Health Ad(OSHA),as applicable to this Formal Solicitation. C. The State of Florida Statutes,Section 287.133(3)(A)on Public Ettity Crimes. D. Environment Protection Agaacy(EPA),as applicable to this Formal Solicitation. B. Unifbrm Commercial Code O%rlda Statutes,Chapter 612). F. Americans with Mnbilitica Act of 1990-,as amended. G. National h9ftte of Occupational Saft Eknrds(NIOM,as applicable to We Formal Solicitation, EL Wational Forest Products Association(WPA),as applicable to this Formal Solicitation. L City Procinamett Ordinance City Code Section 18,Ardele M. J. Conflict of Int=4 City Code Section 2-611.6 1. IL Cone of Silence,CityCode Section 1&74. L Ilre Horide.Stalulas Sections 211.73 and 218.74 on Prompt Payment. Lack-of knowledge by the bidder/proposer will In noway boa cause for.ralief ftom responsibility. Non-wmpliance with all load,state,and%daral directives,ardeM and laws may be considered grounds for termination of Copies of the City Ordinstrace my bo obtained from the City Clark's Offla& 1.20.CONE OF SMZNCZ-Purmiant to Section 18-74 of the City of'Miami.Code,V`Cone of gilaweNt imposed upon Wh RFP,RFQ,RFU,or IFB aft advertisement and terminates at&a time*a City MAnager issues R written r000mmendation to the Miami City Commission. 'Me Cone of Silence"be applicable only to Contracts for the provision of goods and aarivioes and public works or impwvamants for emouats greater than$200,,000. The Cone of Silence prohibits any conammication regarding RFPs,RFQs,RFLI or IFBs(bids)between,wnwg others: Potential vandars,service providers,bidders.lobbyists or consultmts and the Cityaprafessional staff includins but not limited to,the City Manager and the City IfineWs ffwM the Mayor,City Commissioners,or d1eir respective MID and any member of the respective solectiadevalmWon committee. The provision does tot apply to,among other communications: Page 24 of 52 Page 630 of 697 Invitation for Bid M)516388 oral c s is d strictly tD mom of alreadyproem or procedure s ofthe Cone of Silem do not apply to oral wromnuications at duly noticed aftevidWinope0tions,PreW0P0$d of P940 M&MM,oral negotiations dUrmg any duly noticed pb1fo meeting, publicor public pmentations me&to.the Mlad City Commission during a&*noticed ;or communications In wrift or (at any d=with my Cltremployee,Officlial or member of the City commissim unless specifically prohibited by the applicable , 7 documents (See Section 2.2.of the Special )®or communications in connection performanate a a particular RFP,RFQ,RFLI OR IFB by City Purchaft Eta Proposes or biddais mugtfilea copy of say written communications with OnOffice AAR be e available to any person upon mluefft.Tbja GW shall ea copy with the Office of the City Clark,whiab shall be made available to any person upon requaL Written fban Of 'i, of the City Cie& In addition other pandtlesosor or bidder reemko:my award le. ,Respondanklobbyist potentialconsulted&all subjed as=to t to the City Code, Any person having pasond a p of a violsthm of these pmvidow shall report such violation to dw We Aftmney andlor my file complaint with the 11thlos.Commission.Proposes cc biddets should relbrance Section 18-74 Code for hithw oladfication. This larquagois y e summary of the kar PVMflicul of the Cons of silones. o Section 18-74 tion of the Cone of Silence.You may contact the City Clark at 305- o a WPY o ia political 'sicsubjectand r Public t contains R confidentiality provision,it shall hm no application Floridawhen disclosure is required by . -CONFLICT112. i ,by responft to this.Formal Solicit ' the t o , ea o or 1 i ® y or indfready,In the purchem of goodalswWoes specified in die Formal Solicitation. Any such interests an the part of the Its Y in wrift to 66 City. Further,yea must c of l owns, y or indirectly,an of five Pucent(5%)or man of the total assets of OWW stock in your firm. A. BiddevAh-oposer ftffiff agraw not to age or aftempt to use any knowledge, e whiab may trust,be within hizibadits or perform hiallwAts ,benefft,or examptiou for himolfterselffitself,or others.Bidder/Proposero t. v ' of the general c ac govemmanta1 'o t of any other person or B i t halawfit has not contracted Uty or y person w agency acting f y . n or agency of the City withint two yam. Biddesh'itWert 4 is not related,speMoally :(i)any member of the commission; (ii)to mayor, ' ')any city amployw,or(iv)my mambar of any board or eget►of the City. C; A.violation of this section m!ay•subject the Bidder/Proposer to immediate termination of U7 professiots�l s of the maA=fine mWor any penalties allowed by law. Pap 5 of Page 631 of 697 lavilation for Bid(EFBY 51-6388 Addblonally�violations maybe oonsidared by and subject •to action by theXami-Dade County Commission,on Ethics. 1.23.COPYRIGHT OR PATENT RIGHTS—Bidderiftopmers wwrant that dme bm been no violstion of 00PYright.0f patent rights in manufacturing producing,or ailing the goods shipped or-ordered and/or sorvim provided as a roult of this ftmal solicitation,and biddag*oposen agree to hold the City hiculess from awl and Oil liability,loss,or expense owasioned by anyauch violation. 1.24.COST INCURRED BY BIDDKRIPROPOSER-All wqmmao imolved.with&o preparadon.andoubmission of fteponses to die City,or any wmt perfomed in connection dmewith shall be barzia by the Biddor(s)ftopozor(a). 1.2&DEBARMENT AND SUSPENSIONS(Bee 18-107) (a)Authority azid requireanent to debar and suspond.Aft reasomNa notice to an actual or prospective Conftowd Party,and aft temionable opportunity for such party to be heard,fim City bfimger,after oanoultation with the Chief Procurement Officar and the city attorney,nhall hm the authority to debar a Contr=UW Party,for the causes listed below,ftorn.consideration for award of city Contracts.The debarment shall be fbr a period of not fewer thin thm yeam.7U'City Manager shall also have the authority t*nVend a Contractual Party ftom consideration for award of city Contracts if there is probablemuse for debm=A pending the debartned debirmination.The. guthority to debar and OuPond contractors WWI be wavised in d000rdancewith regulations which shall be boned by the Chief Prommment Officer dw approval by the City Menager,to city attorney,and the City Conimbidon, (h) Causes for debarment or suspandom Cameo for debarinent or suspension Include the follovring: (1), ConviWon for oommbalon of a mtrilbal o ,Inoldoo to obtaining or ottatopting to obtain 9, public or private Contract or subcontraot,or Incident to the patibma=of suoh Contract or subcontracL (2) Conviction Oder state or 6deral ststates of embezzlernent,&4 forgery,bribery,fdalfication or destruction of r000rds,receiving stolon property,or any other offlanse indicaft a I%*of budmi; integrity or buduess honesty. (3) -Conv=ot under state or fedetal andtrust statutes arising out of the unbmission of BWm or Proposeb. (4) Violation of Contract provisions,which is regarded by the Chief Ptocurement Officer to be indicative of noorespomi 'Ii ty.Such violation may include fflure without good oame to perform In W=*=with the tam and conditions of a Ckxftact or to perform within the time limits provided in a C0121114t,provided that failurt to perform 0amod by acts beyond the control of a party W:iall not be considered a beals.for debarment or suspension, (5) Debarment or auspismion of the Contactual Party by any federal,state or other goymmoatal (6) False;certification pursuant to paragraph(q)below. (7) Found in violation of a zoning ardimm or any other city ordinance or regulation mind for which the violation remains noncompliant, (8) Found in violation of a zonkg or4inance or any other city otdinarm cc regulation and for which it cht penalty or fto is due and owing to the ofty. (9) Any other causajudgedby the City blenagor to be so sorians and compelling as to&ftt the Pop 26 of 52 Page 632 of 697 Invitation for Bid(D"516388 reaponsibi,Uty (c)Cardficadom An ConftaM ft goods and gervices,sales,and lam by the city"contain a ' n did of its PrinCiP91r personnel have been convicted of any of the violations ad forlh above or debasred r ouspended no s ). ` oEparagwh( ),dw City Manager shall rwAer a written decision stating the reasons for dw debarment or sespension.A copy of promptly to the Conugetual Party,along with e a noticeof odd parVa right to n&judicid rallef. 126.DEBARRZDISUSFMDED VENDORS—An entity at affiliate who has been placed m the,Shft ofFkd& debanvd or suppondod vendor fin may not 't a response an a conbut to provide goods or zerviow to a public entity,.may not it a response an L=nract with a public atity for the constmation or repair of a public builft publicor wuk nray not submit response on louse of real property to a public eaffty,may not award or pwfi= wmt as ac ,or consultant WWW omftd with any public entity,and xnay not tansaot business with any public entity, 7r e City shall be the solujudge rInchule any Mure on the part of the mccesaffil BiddaRroposera , andtor to 11 any portion of this contract Vld& Upon doWt by the suooesdd Biddw0Proposw to t any temn of this agreement,the City will not*the BkWaTMom of the. t d (weekeruh and holidays contractor's t (3}days result in the Contract being terminated mad upon the City notffying in writing the wnhutor of iand the offective date of the teMHwdon.The following sW constitute defitok a work or deRver reqWred or Ailing to use the subcontractors,. 'tiidentified and ad fortb,and to ft degree rspecified begm: . C. Fail=to perfom the work vAth ffaffident work=and equipnwat or with suffiedent=tenets to We=duclY D. rejected been flonbonIzIning with 60 torms of&a Connact. IL Becoming lv d committing any ad ofbmgmq)WT or insolvency.or Making aft aasigwmat for the benefit ofaedbon,if the insolvency, ,cc usignment BiddedFropoaar incapable of parfbrmiq the work in accordance wtt'h and as required by the Contract. F. panure to c e terms of the Contract' . All costs and chages hxmnvd by Ow City u a raidt of it debult or it deftult' topffier with&a t of oompleft the be deducted fmm any monies do or which may become two Contra&lag.DETERKWATION OF RESPONSWENESS-Bach ReMonse win be m4awad to determine if It Isg ropponaive totbo submission mpfimach outlined in the Famal Soffaitodon. i "reopme 19 one whiah j fbilowe the requirements of the formal soHoltatioi%includes all dwarnemutian,is submitted in the format outlined in the forropi solicitation,is of timelya i Pap 7 of 52 i Page 633 of 697 Invitrfion for Bid PB)516388 to comply with these requiraments may doom a Respom non4esponsive. 1.29.DISCOUNTS OFFERED DURING TERM OF CONTRACT-Dkoount Priem offmd in&o rasponse shall be fhad after the award by the Commission,unless o9mvise spedW In the Special Tm=s and Conditions. Price discounts off the originil prices quoW in to reoponse will be wompted from saccessful Biddar(a>Traposar(s) dming t1u;term of the conML Such di-.----shall remain In offset fbr a minimum of 120 days ftom approval by the City Commission Any discounts offered by a menuNcturer to Bidder/PMow will be passed on to the City. 130.DISCREPANCIES,MRORS,AND OMSSIONS;-Any discrepancies,errors,or arabiguities in the Formal Solicitation or addenda(if any)should be reported in writing to the City's Purchasing Department Should It be found necessaM a wdtten addendum will be incorporated in the Formal Solicitation and will become pad of the purchase agreement(contract:documents). Tbe City will not be responsible for any oral olazificaflona, or other c=munications. A.Order of Precedenos—Any inconditenoy in this,formal solicitation shall be resolved by gift ptcoadence to the fbilowing-documents,the first of such Hst being the goverubg documents, 1)Addenda(as appliozble) 2)Specifications 3)special Conditions 4)General Torms and Conditions 13 1.EMERGENCY/DILUTER PERFOWdMCE- In the event of a hurricam or other amorgenoy or dissater situdon,the succomflal vandor shall provide the City widi die connnoditim/servioes detined within the soope.of this fo=al solicitation at the prioa conWned within vandoem response. Further.succasaM vendor sW delivar/pelbrm for the city an a priority bum durft such times of emergency 132.ENTIRE BID CONTRACT OR AGREEMENT-71m Bid Contract or Agreement consists of this City of Miand Formal Solicitation and speoifically this General Condidons Section,Contractor's Rieeponse and awl written agreanant entered Into by the City of Miami and Contractor In asses Involving RFPs,RFQ%and RFLIs,and represents the andre wxImtandIng and agreement between the parties with respect to the subject matter hereof and supersedes 41 othm nna,understanding and reImentatiow,if any,made by and between the parties.To the extent that the mmement cionfilots with,modifies,alters or changes aw of the term and conditions contained it ft Formal Solicitation and/or Respowe,dw Formal Solicitation and dm the Response shall control.This Contract may be modiW only by 4 written agreement signed by the City of Miami and-Contractor. 1.33.WrMATED QUANTITIES—Estimated quantities or eadmated dollars us provided for your guidam Only. No guarantee Is expressed or Implied as to q%umddes that will be purchased duriq the contract period. no City is not obligstad to place an order for any gh%-n mwimt subsequent to the award of this contrea Said estirnstes may be uffed by the City ft purpoom,of ddermining the law bidder or most advantageous proposer madh�g specifications. Ila City reserves tho r*to acqdn additional quantities at 1ha prices bidiproposed or at lowar prices in this Formal Solicitation. 1.34,EVALUATION OF RESPONSES A.Rejeedon dRemponses 11w City may reject a Response for any of the following reasons: 1) BiddulPropoBa falls to acknowlWga rwAipt-of addenda, 2) Bidder[Proposer mistatas or a any matmial Bwt in the Response Pop 28 of 52 Page 634 of 697 Invitation for Bid OM)516388 3) Raqxms does not confl=to the requirements of the Found Solicitathng 4) Rmponse requires a candkiand award that coftflicts with the method o ; includeS) Response does not samples,certificates,Hooneas a required; 6) Response was not executed by the ' d s)authodzed agent. TlwfowgWngignatensainrimiyoUstof nuougforl6ichuRagponsamayberocoted. Y ! 1 or uW pad ofthe Formal Solicitation wheneverit Is doomed in the best imbitst of the ia. FronCondilmdon 1) A amtrea shell not be awarded to any person or firm which is in arrears to&e Cityuponortontrad,or which h a dd&Wtor as surety or othwwlse upon any obliption to the 01y. 2) A contract may not be of atry previous t with the City or deliver an thw conftacts of a similar natum. awarded3) A contrad=y not be the City's eSuspension Detwmination of Responsibility who am regularly engaged in e 1)goods/equipmantls Y o1 i be We a saddhatory record ofp@rftm=nc&xnd irescurces, and experflai5to=at all e t used herein&W be construed to mean a fidly equipped and wall eutablished,entity In Hne with the bat industry precdcas In the industry as determined by the City. 2) TheChy consider any evidence available abilities a i ( )with the City or any oflur governantal entity in maidng the award. 3) 71m City i t representative of a maindkturer or Mplier which Is dre wW source of mWly,ifrequired by the Forms! Solicitation, 1 Exceptions to the apecilications shall be listed on the Response jmd shell rakence the section. kthe Gemal cause for tha bid MB)to be considered non-responsim It also may be cause r a RFP,RFQ,or RFL1 to be considered non-responsive; the term�end conditions e resulting agreement it may lead to tenninating negotiations. Unless othwwlw specified in the Formal Solicitation,all prices u ION the d i aF.O.B.Minside defiveM with all delivery costs and cherses included in the bid/proposal prk^unlew a specified in this FomW Solicitation. so may be cause for redectionofbidt"osal. I t prices,twnu,and conditions quoted in its response will be.firm throughout the duration ofthe contract unless otherwise spee[W In the FM=d SolicitatioZ Such prim will reaWn firm for the period ofyortbrmeaw or resulting purchase orders or conhuts,which are to be petftmed, or supplied over a period ofdare. r ° 138.FLORIDA MMUM WAGE-The Constitution offbe Stste offlorlda,Article X,Section 24,states that 6 Page 1 29 of52 Page 635 of 697 Invitation for Bid(lFB)516388 employers sball pay employee wages no ton than the minimum wage for all hom worked in Florida. Acoordiaqgy, it is the oontraftes and ite'suboontractor(s)mpondbility to understand and comply with this FIM&constitutional minimum wage requhment and pay Its s the current established hourly minimum wage rain,which is subject to change or f4usted by the rate,=oftkm using the oongumer price Index for mban wage Krum and derical worimrs,CPl-W,or a successor index a oWz&%d by the United SWes Department of Labor. Each a4usted mfidmurn wage rate calculated s&U be daterinined and pabifished by the Agency Workftw Innovation on September 30'th of each you ad Wce effect on the following January laL At the thne of responft,it ig biddedpropomer and hiallher udboontrafti(s),if applioaW fall responsibility to determine whether any of its employess may be Impacted by Oda Florida Law at any given.point in time during ffie tam of the coaftect ff hupacted,bkk1m*qpow most ftmish employee Job 6*0),job ilescriptiou(s), and ourrent pay rate(g). Failure to submit this h%ftumWon at the time of submitting a res"o constitute successful bidder'&*Wser's acknowledgement and untlerstanding that the Florida Minircmm.Wage Law will nut impact Its prices throughout the tam of contract and wafiw ofany conhutual price kmm nquest(s). 7ha City reserves the dght to rsqaset and moessful bidtlec/proposer mustprovida for any and all loftnation to make a wage and contractnal priae inorme(s)datennination. 1.3%GOVERNING 1AW ANDVENUE-7`ho validity and affict of this Contract"be governed by the laws of the State of Florida.The parties Wee that any action,mikliationor arbitration arift out of this Contract shall bike plus in Niami-Dade County,Florida. IAO.EM4DINGS AND TERMS-The beadiW to the vaiious paragraplis of this Contract have been Inserted for convaniant refawca mly and shall not in any manna be construed as moNyh%amertding or ffecting in any way the cqressad terms and pmvisim hercoE IAL HULTH INSURANL-E IPORTABUZM AND ACCOUNTABELITY ACT="A)-Any petwu or entity t1W perfinma or assists to City of Miami with a function or activity involving the use or disclosure of "individually identaffable health information @W anftr Protected Health hdbrmabon M shall.comply with the Health Insurance Portability and Accountability Act MIPAA)of 1aad the City of Miami Privacy Stwidards. HIPAA madates for privaen securify and elachwAo tsensfer standards,which Include big an not limited to: A.Use of Inflarmefion Wy for performing services required by the contract or a required by law; B.Use of appropriate s&guarda to prevent non-permitted disclosures; C,Reporting to do City of Miami of any non-parmitted use or dinclosure; D.Assurances dat any agents and adboontraotors agree to the saw restrictions and oonditiona that apply to the Bidder/Proposer and reasomMe awurances that MWIH will be held confidential, E.Making Protected&a1th hdormation(PED evallAble to the custonw, F.Making PM Lvellable to the customer for review and amendment and komporaflng any amendments requested by the cuutameq, G.Making PHI available to tha City of Miami for.an accoanting of disclosures;and ]EL MAWS Internal prac&es,boolm and recorda related to PHI avallable to the City of Miami for compliance audits. PM ftll makftln its prateckd states regardim of the 1brm and method of Wmemiamion qw;w records,and/or Sootronic transfer of data).7he Bidder/PMoser mud give its customers wriften notioe.of its privacy information practices Including apecifically,a descriptiot of dw Woo of uses and disdomm that would be made with protected health information. 1.42 INDENNIFICATION-Caftactor shall luxlemnify,hold harmless and deftd the City,its o offloars, Page 30 of 52 Page 636 of 697 Wtation.for Bid(IFB)5163 88 agents,directers,and wriplo3ws.from liabilities,damages,lasses,and costs,iwinding,but not limited to reasonabla aftorney%&as,to the extwd caused by the negliganee,rackjosom or Wagdonal wron&Misconduct of Contractor and persons wnpkrjed or utilized by Contractor in the parfatmanoo of this Cootreat and vAll indwaft hold hounleas and defend d3a Cith Its offiolals,officers,agents,dhwbm and amplOylas Against any civil actions, statutory orsim1W claims,Was or damages Wiling or maulft ftm the pmmithd work,am if it is alleged dut the City,fts officink and/or employm wmv naftatt.These mdomaMatim shall survive the tenn Of this Contract. Ift ft event that any action or proceeding is brought againat City by ftwonof MW awk olaim or denw4, Contactor BbA upon wrium nodoe from City,resist and deftd such action or proceeding by camel oatlefackay to City.The Contractor LVready undersUods ad agrees that any Inguraum protection reqatred by this Contract at o*vrwisa provided by Contractor shall in no way limit the responsibility to indannift keep and save harmless and dafmd to City or its offloers,employees,agents.and inshnowatelitios as herain provided. Contractor to defend at its own expem to and thraugh appella% The indamnification provided above shall obligate ,at Citylir option,sty and all claims of itimay be brought ag"t City whather This Indemnity will avvive dw canceHation or vqAtation of the ConftcL Thb indernnity will be hAmpreted.undw the Im of the State of Flmida,inchiding without limitation and whiohconftmu tO the 1IM11160M of§725.06 and/or 1725.08,Fla.fttucs,as axnanded from time to fim a applicable. Contract=shoU xeq*c all Sub-Conbutor agreements to Include a provision that dwy will hdama*The City. The Coukw*a qpes and recognizes that the City sholl not be hold Hale or rMondlAa fDr any claims which may result ftom any uWow or ominjons of the Contutor in w1dch the City participated sidw through review or conourmnoe of the ContraabWs actions. In reviawing,approving at odecting.any otibmissions by the Contractor or aaw now of�z C=&acto%the City in no way assumm or sbares any responsibility or fiability of the Contractor or Sub-Contractor,under dill Agmement. 1A3.FORMATION AND DESCRIPTM IXrERATM—Biddw0roposer must finnish aU 12brMadon requuted in the spaces pwvMed in the Formal Solicitation. Further,as may be apecified obewbare.each BiUwfilraposer must submit for rahation,cuts,aketches,-deserlptive literature,technical Vocillmdons,and bUtezal Safty Deft Shoals(MSDS)as repir4 covering fm products oftnd. Reference to literature irabraitted with a Previous ragponse,or on file with ft Bqw will not as ft provision. 1A4.INSPRoMONS-The City may.at reasonable times dering the term hmo4 hupoet Couttactor's filcNes and parftm such tents,as the Oty doems reasonably newmary,to determine whadw*e pods n&or mvices required to be providedby the Contractor under ft Contract amforta to tha terms and conditim of the Formal Solicitation. Contector shallmdw available to the City all reasonable fizilities and assistance to facilitate the perfb=me of tests or inspections by City ropmentatives. All tests and bMwdons-&A be uMed to,and made in awards=with,the provisions of the City of Miami Ordinalm No.12271( on 11-79),as am may be amended or sapplementod ftm.thne to time. IAS.MPMMON OF RERIME-Responses readved.by the City pursuant to IL Fonfud Solicitation will not be made aveflabla until such time as the City provides nodw of a decision or intended decision or wiffin 30 days after bid doft wWhaver is earlier.BidlProposal results will bo tabulated and may be fanishod upon request via fhx or e-mail to the Sr.Procurement Specialist Issuing the Solicitation.Tabah&Ons Rho an avallable on 60 city's Web Site following recommendation for UMNI 1.46.DOURANCE-Widdn ton(10)days after receipt of Notice of Award,the succesald Contractor,shall fiWbish EMdenoe of hwaranoe to tha Purchasing Deparb=k if applickle. Submitted evidence Of Govaraga BW demonstrate strict complianoo to all requirements Rated an the Spedid Candid=andded'"hammoo Pap 31 of52 Page 637 of 697 Invitation for Bld(0111)516388 Roqcdmarenta"� 'rho Cit3robaUbeffawdusn"'Additionalingured," Jeountica of a Purchase Order is 00tiagm!up=dw receipt of Owr Isnuranne doc=eW. Uthe ffiammm cardicafti ts rmaivat withfir the rpocif led time Wout in the=n=praw1bad in this Saucitatin. the Cwtowtor AbA la. verbally notiSod of mcb de J!to!ancy ad s hd1 have ea aMdmd to(5)advida 4sys to rabm it a ommtad oardfleate to the Clty,. If the Contrarear flaile to m3b.Wt the WiLrad imunsice,cm-=ents in the mmer presoribed in.this SolUtation withizi fifteen(15)mlandar days dbar twdpt NOW of Award,the zonhumt dall be rL de of the owAractual term and condiflons and shall not be awaided the cm=L U mh chotmiWanam, the BidderAlsopow may be ptod frtnu mbmMra Mm mqawas lo the City. Wmwaflan r4wdh*my lnmmsce raquh=ent5 shall be diroated to dw Risk Adurixiiatraw,Deps.-Owd of Risk Mwagatn=4 at 444 RW 2-nd Aymue.9th Floor,Miami,Hadda 33130,S05416. F 'noBidder/Proposer"I ba mponarble ft easming that the inrurairm cadficasm rAWrarll in conjunadon wfth flxis Seadon remain in of for the dwadon of the=*wtual Period;inclaft aay rad all I 0A. 4m tM=ihat May be gmnted,to ffie Biddar/Propriew. 1A7.INVOICES-involm aball contain pinhen order varober and doWfle of gcwds armor mvim d6divered (Le.quntity.riWt rice,cdoWad Prim,We);and in cam,Vance with Chapta 218 of&o Florids Statatu(Prompt, Payment Act). IAL LOCAL PRrIYERENCE �k City .oed18-85,obdoo."Whm 9,responsive,rmpow1ble non-local bidder subsnits the kwmt bid Price,and dw bid submitted by ova or mow rap panfive,re local biddarswho maktain a local office,as define d in S c ad on I 8-q 3,is within fflimn pawra(15%)of the price subredtted by the ann a oil b1d6w,than.that awl each bidder and each of the afimmandaned responsive,rappmaible looal bid m shoU have the apporcutrity to oubmit r boot and fmal bid eqval.to ar lowee d=ifis eviount of the Jaw Ind previously obatifted by&a not-local bidder,Vmha trad swead dreU be made.tco the,lownt ivsp onsive,rW onsibla blidder submi fttj the lawast bad and dder r non-local bidder,oonftn. award final bid,Iu te case of tie a in the bed nd ftal bid bahwm a local Di and ghall be made to the local bidder." D" City(jade Beedmi 19-96,wes,"the RFP,RFLI or RFQ ps apphWole,may,in the meWee of the mmonable prefasional discradon of to Cit.n ,dizac4a of the suing&Sway,and the Chfafftwp=eet OffioM inalude a five(.W)parcent n-duadon mitarion in 14vor of p&qxraem Who maintaln a toed office,,as defted In Section 18-71 In so&ceace, ,fiva(5%)peramt ev.aluation critalon in favor of proposen who maintain 4 local ofte will be spWfically defined in the RFj?,RFU or RFQ,as applinable;othwwlsa,It YMI not appJy. 1.4%NIANUFACTURIERIS CERTIFICATION-ThoCity nowimo the Light to quaat from biddetel Mzosm a sepamte VatrutWunWB Comfication of all datemom made in the bid/praposaL Fultize to pwvide rwh cariffication may Toadt in the rojection ofltidovposal or taeodnatimWagnmwt,for WtAch the dder/proposer must boax,fall,lidbfity" ISO.MODIFICATIONS OR ClUNGES IN'PURCHASE ORDERS AND CONTRACTS-'No contmat cr and dmtmding tD modk'v this Farmal Solhatation a-ad mWtant pardba e @ orden cer,conftw%if.Applicable,AW be btuft upon the Ofty unlew mo4o in vTWrAg by the Diteow of Ptwhaslng of the City `Mi $Flanda fivaugh ft Wot of a change order,witlandum,=endmank or Hupplionont to dis contmet,purchow War or vwd shart W epice)prlate. 1.51.NO PARTNERSBI:P ORJOINT WNTURE-Nothing non Wnedin this-ZontractwiUbe,d noaermdor conwited to ormce apartamh1p arjoint varthn bem the Cltyef 7.W=1 and Conti or to anate MW ether simidar raladozwlt6p bat%c tha partle& Page 32 tY152 Page 638 of 697 IiWtation for Bid 516388 1. r Item may be toted for ooMlianao with spwificatiow under the dhwdm of the Florida Deparftned of Agrimithm sad Consumer Bervices or by otha 'appropriate toting Laboratories u determined t for WMVHR=with spodizations is public reowd and open to examination dwrato in accordance with ChqtW 1 . Z t c t 's These nag-confarming its=not deRvered as per delimy-dato in the response and/cc Purchm Order may result in bidderiproposer bdug ftand in debult' tun ban removed fiam e �► e$ g City of 'a® 'B HOL 1 M.NONDISCRUMNATION_ i sm 001104 religion, status,or dWWH*r in connection with itv puftmanoo under We 5=9 solicitation.Forthermom Bidder/Proposer e quaMed individual shell wl*by ram of r,Me,religion,national Origin,malital.stato or disability be excluded fiam the participation o ' benefits, o o,or be subjected to, discrimination under any program or acdft in connection with the wArg of its business.includingof personnel, BidderAlreposer shall not dismiminate against any person on the basis ofrace,color,religion,disability, sex, muitd status or national odgin.All pecsons having appropriate qualffmdons;"be afforded equal opportunity for amploymexxt. 1® r serve its best intoree%the City of1lismi nwerves to right to advm*e for,receive,and award vddifional goods atmYor services,and to malm um of odur competitively bid(goveraxnental)contracts,AgraCulents,Or other s• • a It Is heraby agreed and understood dmt this f=d solicitation of i successful g)tar raedva ell orders OW n1gy be genecated by the City in conjunctione Faftnal 0 In ® ' ' , . projects, ..1. t Bolicitation process e purdamed undsc the tenns, 9D 0 conditions mad awards rendered under this soli City.interest of the j s bmdon in 1® I ~a the City of Nemi and is submitting Resporm under this Formal Solicitation License o 31.1,Article I locationLicense Tax requirements. A-capyofthe license at its sole 090n and in Its best inlarefft allow the BiddedProposer to supplya 1 1) e v j will® +be consideced.In roponse to 6k Formal SoHaftlitiOn. records,is understood by and betwtan the parties dud anyAo0=0nt16 1.97.OWNERSMF OF DOCUMENTS� It is given by the City to the succesaffi DiddeclProposers ftnd solicitation sW at all times main the prapaty of the City and shell not be used by to BidderNroposer for any other B whatsoever wid=t the WWI=Goosed Of the C1t)F IM.PARTIAL INVALIDITY-If anyprovvision of this Contract or the application&woof to any pe nan or Pap 33 of 52 o f i P Page 639 of 697 Invitation for Bid(IFB)516388 circumstance shall to any extent be held invand,then the remainder of this Contract or the appliostion of such provision to person or drournstances other flmn time w to which it Is hold invalid dall not be afficted Omby,and each provision of thisCbntract shall be valid and anibread to the M*extent permitted by law. 1.59.PERFORMANCEMAYMMT BOND—A Conbutor mrj be required to Pirnish a Perfounance/Payment Bond an part of&a requiremecrts of this Centract,in an amount equal to me lnimdred pezvent(I 009A)of the contract price. 1.60.PREPARATION OF RESPONSES(HAWCOPY FORMAI)—BiddesTropossrs are wipected to exinnine the specificationej requited dellvery�drawings,and all special and general ocaulitions. Ali biftroposed arnounts,if required,shall be either typewritten or entered into dw spaw provided with ink. Failure to do so Willba at the Biddeft7roposer's risk. A. Each Bidder/Proposer shall furnish the inflormstion requited in the Formal Solicitation. The BiddedProposer shall aWn the Response and print in inkor type the name of&a Bidded7roposer,address,ad telephone manbw on the face page and on each conthniation shad thereof on which ho/she makes an entry,as requited. B. If so required,the unit price for each unit offered sball be,shown,and such price 9M include paWragh3g, handling and shippin&and F.OB.Miami delivery Inside City premises unloss athervAss speoffiv&BiddeMWoser Adl indlaile in the response all tan,hammoo,social security,wodmen's compensation,and any other benefits normally paid by the Bidder/Proposer to its employees, If applicable,aunitprice Rhallbe enteradintha-"Unit Mae"-cohann fbr each item. Band upon estimited quantity,an extended price shall be entered in the"Extended Price"column for awl item offered. In cgw of a dim"anq between to=it price and extended price,the unit price will be praeurned correct Bidderfihmposer must state a definite*m%if required,in calendar days for del&Mof goods anGor services. D. 71m Bidder/Proposar should retain a=py of all response docuumts ftr fature reference. L All responsea,as described,must be folly oomplated and typed or printed in ink and the signed in ink with tha fhmlll nun and by oft officer armployea having authority to Wnd ffic company or firm by hisilm signature. Bidaftopcoals having any emiam or oetrectiong most be initialed m ink by person signing the responmor the response maybe rejected. F. Responses me to remain valid for at loset 180 days. Upon award of a cone content of the Sumcessful Bidder'siTropoeer's response may be Included as part of the oontract,at the City's discretion. G. The City of Wamrs Response Foram shallbe usedwhan Bidder/ftopow is abmitting Ita response In hardoppyhzmat. Use of any other form willrauh in the roaction of the rmpwm IPSUBhUrlING HARDOOPY FORMAT,THE 0111GINAL AND TEIREE(3)COPIES OF-MESE SETS OF FORMS,UNIMS OTHMWISESPECIFIM,AND ANY REQUIRED ATTAMIENTS MUST BE RETURNED TO MM CITY OR YOUR RESPONSE MAY BE DEEMED.NON-RBSPONSIVE. 1.61.PRICE ADJUSTIRENTS—Any price docrem cMduated during tbo contrad period either by reason of market chop or on the part of the contractor too customers shall be passed onto the aty of Miami. 1.61 PRODUCT SUBSTITUTZ8-In the event a pordoular awm%W and approved miumNaftnVe pmftd becomes unavailablo during do tam of item any arrang;with the CiVe authokized representative(s)to supply a subaftte product at the awarded price or lower,provided that a Movie Is approved in ad va=of delivery and that the now product meets or exceads all quality requirements. Page 34 of 52 Page 640 of 697 brAtation for Bid PB)51 3 88 L63,COMUCr OF 0TZREST,AND UNETHICAL BUMZSS PRACTICE PROEUDITIONS- Cowactor represents and warrats to the City that It has not wVloy6d.or retained any ponen or company employed by the City to solicit or secure thiff Contract end%st it has not offered to pay,p"or agreed to PaY MY person AnY fee,comanisolv%percentage,brolump f1ek or gffl of any kind contingent upon or in connection%dk the nvzd of this contrad L64.PROWT PAYMM—Biddete/hWosers may offm a cash discount Rw pronipt PaYm=4 bowam, discounts WWI not be oonaidered In determining the lowest ndt cost for resporso eWuftflM purposes. Bidderaftoposetv are required to pwvift their prompt paymad term In*9 space provided on the Formal SoHmUfiou, ifso prompt payment discount is bft offlered,the BiddedTfoposar must arm zoro,(0)for the patcontep diswwu to indicate no diucount. If dw BidderAhoposer Wle to saw a percentage,it is understood and agrew that tho twu shall be 2%20 dq%effective after receipt of invoice or AW acceptance by ft City, Whichever is later. When the City is addedto a cash&scoant the period of conVulation will commence an the date of delivery,or essety due rwm`pt ofitcomwdycompWWinvoimvtd&werinlatw- rfanadjustimantinpaytnentisneo to dam%%the cash discount period da commence;on the date final approvel forpayment is authorized. If a discount IOLoash is pelt of dw conitack but the juvoice does w reflact the existence of a cash diswunt,&a City iff andw discount with tha period commencing on the date it is determined by tise City dat a cash discount applies. Pdca discounts off&&original prices quoted an the Prim Shad will be accepted ftorn momethl biddero*opescrs during the tam of the contract. 1AS.PROPERTY-Property ovmed by the City of Miami is the.responsibility of&a City of Miami.Suoh ProWly fluddied to a Conftwtor for repair,modification,sludy,6W,"remain&a ProPwtY Of 0W Cily Of HGOL Damqp to such pwpwW occurring while in the possession of the Contractor s&U be.therespondbility of the Contractor.Dazaages.occurring to such pMerty while fir route to to City of Miami dM be the responsibility of the s, Contractor.In the event that such pMmty is destrwyed or declared it total losthe CmhwW shall.be responsible for replecoment value of the property at the=vat market value,Im deproolgdon of the property,if any. 1.66.PROVISIONS BINDING-Except as ciffiegwige @Wwsly provided in the,resulting Contract,all covenBut9v conditions and provisions of the resulting Contract shall be binding upon and"inum W the benefit of thapiaties -and as4n, hereto and&*respective heirs,legal representatives, ssuoomm IA7.PUBLIC ZNTTrY CRINISS-,k person or afffliala who has been plued.on the oonvicted vendor list folkmft acs 'c r 4L public entity critne may not submit a response on a contract to provide any goods or services to a public catity,my not sulmdt a response on a contrad with a public entity for the construction or repair of a pablic buffft or public work,nay not ffdanit responses on lasses of red property to a publio entity,may not under a contract;with any public be awa%hd or pez-forra work a ac supflar,suboontraotor,or consultant entity,and mW not transact business with say public entity in emooss.of the threshold umunt provided in Section 287.017,for CATEGORY TWO fbr a period of 36 months from&e date of being placed on the mviabd vendor 1.68.PUBLIC RECORDS-Contractor understands that dw public shall have access,at all reasomible dmes,to all documents and information pertaining to City contruots,subject to the provisions of Chapter 119,Fladila Statutes, and City of Miami Code,&wdon,18,Article M and agrees to allow aeons by the City and&a pablic to all documents suWact to-disclosure uWar applicable law. Contractor shall additimany 0=*with the ruvilim Of Section 119.0701,Florida.Staintes,entitled"Contracts,public records". Coattaotoes hAM or TVAHW to COM* with the provision of this section shall.result in the immediato cencellation of this Coftwt by&a City. Pap 35 of 52 Page 641 of 697 Invitation for Bid(IPB)516399 10.QUALITY OF GOODS,MATERIALS,SUPPLUS,PRODUCTS,AND EQUIPMENT-All materials used m to manufachubg or construction of supplies,materials,or equipment oavared by this soliftflou Wan be now. Ile itesns bid/proposed taust be of the latest make or model,of to best quality,and of the hi&zt SM&of wadmumh1p,unless as odwrwise specified in tbla Solicitation. 1.70 QUALITY OF WADMUSERVICES-The worWasmaes paRmned mug be of the WOM quality and workmanship. Materials ftmielmd to complete the service sh&A be now end of the hiSbast quality except as odwwiso opecifled in this Solicitation. 1.71.RNMEDIES PRIOR TO AWARD elm 18-106)-If pdor to Conlrad award It Is detamkwd that a fbrmal solicitation or psoposed award is in violation of law,then do solichation or"osed award shall be amelled by dw City Commiseion.dm City Manager or the Chief Procurment Offluer,as may be applicabLe,or'revigad to comply with the law. 1.73.RESOLU17ON OF CONTRACT DISPUTES (See.18-105) (a)Auftnity to resolve Contract disputes.The City Manag@4 aft obtaining the approval of dw city afterney,shall have the anthority to molve controversies between tha Contractual Party and the city which arise under,or by virtm of,a Cadract between dumh-provided thak In caas.involving an amount greater than$25,000.the City Commission must qpwa the City Mkwgaes-decision.Such authority exAnds,wiftmi Hmitation,to co&wmWes based upon breach of Contract mistake,misrepresentation or lack of complatei perfi=ence,and shall be Invoked by a Conftftd Party by submission of a protest to 1he City Manager. (b)Conhiwt disputa decisions.If a dispute is tat resolved by mutual consent,the City Manager shall promptly rander a written report stating the reasons for the action taken by tha City Commission or the City Manager which shall be final and conclusive.A Wy of the deeision shallbe,immediately provided to tha protesting party,along with a notice of such parWs right to seek jud]cW relie4 provided that the protesting party shell.wA be entitled to suahjudicial relief without fiat having followed the prooedune M fbrth m this motion. 1.73.RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS(See.19-104) (a) Right to P10tMt.The following procedures sh9 be used for resolution of protested solicitations and awards mwept fbr purchwas of goods,supplies,equipment md servioem,the estimated cost of which dm not exceed S25,0W. Protests dmvon sball be govmmd by dn Administrative Policies and Procedures of Purchasing. 1.Proted of Solicitation. J.Any prospective VMcser who perceives itself aggrieved in conniection vith tho solicitation of a Contract my protest to the Chief Procurement Officer.A written notice of Went to file a protest shall be Mad with the Chief Procurement Officer within ffiu days after the Raquest fbr Proposals,Rapmet for Qualifications or Requed fbr Leftecs of hftwt is published I a newspapeir of gencral chwIstian.A notim of inimt taffle a protest is considered filed when received by the Chief Procurement Offww,or IL Any prospective biddier who intands to canted the Solicitation Specifications or ase' i y Prow to the Chief Procurement Officer,A written notice of Intent to file r,protest shall be Mad with tho Chkf Procurement Officer within thm days aft dm oolidtation is published in a newspaper ofganeav]circulation.A notice of intent to file a protest.iso filed when raWved by the Chief Prcicurement Officer, 2.Protest of Awnd. 1.A written notice of intent to file a protest ghall be Mad vith the Chief Procurement Officer within two days aft P-age 36 of 52 Page 642 of 697 lvdtffdm for Bid( 516598 recelpt by the proposer of the notice of the City Managles T00011=19ndatiOn for Award Of COnbect,which*I11 be posted an the City of Miami Purchasing Departaimt wabatte,in the Supplier Cmmt o' Notice of Recommendation d Award 7he notice o Cotner, ommendation can be founti by seleciing&a details f S 'Section.s Rwommendxtion of Award To fields. if "is Indicated in dw R000mazendation of Award To&K the BiddeniProposer must contact&a buyer for dud solicitationt shall be the. responalbilityof dw Bk&dPMOBW to dmA this section of the website daily after responses an submitted to receive the wfice,or ®Any actual Respon"and Responsible Bidderi e recommended bidder may protest to the Chief Promnanent Officar.A written notice of intent to Me s protest shall be Wed with the Chief Procumnumt Offloor within two der after receapt by the Udder of the notice of&a citjes determination.of non responsiveness or non responsibility.Via recelpt or •l to considered Mad when receivedt Officer. HL A written protat based on aAy of dx foregoing mud e submitted to the Chief Procurement Officer within five ( s after the date do notice ofprotast was Iliad.A written protest Is considered ® The written pwW way not t of the wduation mitaria or the fimmd4 for assigning points in making an award deforminalicii. 7hawr•tten,p*st shall state with puftilarity the specific fRob and law upon which the protest of the solicitation or the award required Filing Fee as provided in subsection( s shall form,the bads ffn review of the written protest and no filob.gmmdg,documentation or evidence n 'S submission to the Chief PD000110=011t officar at the e of fift the protest shall be pavAtted in the consideration of the Vulan protest. No time will be added to the above limits for service by maL In computing any p eventby dzW section,the day of the act or deftult ftom which the designated period of time begins to run shall not be included.The last day of the period so computed shall be included unless it is a$aturdayy,guaby or legal holiday in which avant the pariod-ahall.ran F the and of do next dity WWA In nalfim a Saturday,Sunday or legal holiday. lexcluded e dme for (b)Authority to resolve protests.The Chief Procurementhave the wthority,subject to to approval of the City ,to settle ad regolveprotest The ChidProcurament.Officer Commissionshall obtain the requisits approvals Pad communicate said decision to the pwWstwg party and"anibunt said deolsion to,tha City cam involving decision of the Chiefodisapproval thereafto the City Commisdori after a favorable recommendation by&a city attorney and the City Memo. (c)Ccmmpliaace with fi ft raquiremants.Failure of a party to timely Slo either the notice of intent to file a protect or the written protest,together with the required Filing Fa as provided in subsection(f),with the Chief Proomment Officer within the time provided in subsection(a),above.shall constitute it forfefturcr of such party's right to file a f protest t to s p s not bE Entitled to Beek judicial reliefwidaOttt fit having followed the procedure set forth in this section (d)Stay of Ptocuraments during protegla.Upon reocript of swritton protest filed purnot to die roTdramfint,of 96 section,the city shall.not proceed fluther with the.solicitstionor with the award of the Contract=01 the protest is resolved bytho Chief Procurement Officarar the City G )above, f Pap 37 of 52 a Page 643 of 697 i f Invitation 163 89 a written debarzoination that the solicitation process or die Contract wward.must be Continued without delay inwder to avoid an Immediate and serious danger to the public haaldisaftwelfare. Costs.Aft costs acoming f1rom a protest shall he assumed by iha gotestor. M Filing .11m written protest must be acocanpanied by is filing fee in the form of a tooney order or oashicew be tO&a c1tY in an arnount equal to one percent of the amount of the Did or proposedZontraA or $5000.00,whichaver Is less,whicht administrativedw prologor in any or court proccedin&If&protest is upheldc e CIty Co=aisflion, a shall be n&nded to the protestor Ins'any cogs assessed under subsection(a)above. t i0 daided,the filing 11be shall be faffdW to lh&city in Rau of payment of 00010 far the administrative proceedings as prescribed by subsection(e)above. . of i be submitted the time specifiedt no cqmm to s s)will be notified to remove samples,at their expense, 30 days afror notification. o die city. 1.75. tranafar or t at any time dming 9m term of the Contrack or my poA of its operations,or assign my portion of the perfimmame required by this contract,mwept under and by virtue dwritten pormissim granted by the City through thaproper officials,which may be withheld or conditioned,in the City's sole disored= 1.76.SIRVICE AND WARRANTY—Whea specified, replacetnents t will b t warranty and servicee copy of the menuftakmes warranty,if Ii ,should be mkrnitted with your 1. t silence of t1hese specifications and any supplemental specificationit of detailed description concerning any point WWI be regarded meaningas 't and flat only materials of first quality and correct We,dze d dedgm am to be used. Ali workmanship and dervices All interpretations of 4 these speciflowdow shall be made upon dw basis of this statement. If your fam has a Current contract with the Stab of Florida,Department ,to supply tha items this solicitation, 0 c ; 0 t resultwill ' c o i 1*7L SUMMSSIONbe rAnnitted electsonimily via the Oracle SYgem Of responses May be Submitted in hatdcopy fbenud to dw City CIMI;City H4 3500 Pon American ,Florida 33133-55N,at or befine,the specified c in the IFB,p2p, 10%or RFLL NO EXCEPTOM. BiddersTMosers are welcomeaftend the solloMon closing; h , o award willo made at dwt Um. shallA. Hardoom responses be anolosed in a saided.cavelope,box package. The fim ofibs envelope,box or PWJMV Must show tha hour and date specifiedof responses,the solicitation addressnaras and return of the BidderiPtoposer. Hardoopy raponses not submittad on the requisite Roapanse Fonna may received at any other location Page 38 of 52 a a Page 644 of 697 Invitation fbr Bid(1FB)5163 88 Direcdow to City Hall: FROM TIER NORTH: 1-95 SOUTH UNTIL IT TURNS INTO USI. USI SOUTH TO 27TH AVE,,TURN LEFT, PROCEED SOUTH TO 80,BAYSHORE DR.(5RD TRAFFIC IJMM,TURN AT LEFT,I BLOCK TURN RIGHT ON PAN AmmucAN DR. ary nALL is THE Em OF PAN Amwcm DR. PARKaqa is aN RIGHT. FROMTHESOUTH: USI NORTH T027M AVENUE,TURN RIGHT,PROCM SOUTH TO SO DAYSHORE,DR.(3RD nUMC LIGIM,TURN LEFT,I BLOCK TURN RIGHT ON PAN AMERICAN DR. CM HALL IS AT THE,END OF PAN AMERICAN DL PARKIWO IS ON RIGHT. B. Facsimila reeponses will ag be cmkkre& C. Failure to fbIlaw time procedures is cause ft*eotion ofbid/proposal. responsibility for obteining ad submitting a response on or before do close date to solely and strictly the responsibility of Bidder/Proposer. The City-of Mhunf is not responsible-ft delays caused by thaUbited States nzfl delivery or caused by any adw 000mence. Responses vocalved aftar the solicitation closing date and tho will be returned unopefted,and will not be considered for award. Z. Late responses will be r4setaid. F. Ali responses am subject to do conditions Vocifled herein. Those which do not comply with&aso conditions we subject tD rejecdon. G. Modification of respoom already e submitted wig be considered only if mWved at the City befte thdm and date act for cloft.of solicitation responses. Ali modifications mustba-submittad via the Oracle'sydem Orin writing. Once a solicitation clom(dosed date and/or time mViml to City win not consider any subBeqmt gubmission.which.alters the responses. EL If hardoopy responses am submitted at&a sw=time for dffarent solicitaflons,each response must-be placed in a sepente envelope,box,or pachge and each envelope,box or pooksle must eontida.tha inibstuation previously stated in 1.92A 1.79.TAXES-The C3ty of bilmni is exonpt from any tnes Imposed by the State and/or Federal Government. Exemption certificates will be pxwided upon request.Notwithstanding,BiddendFroposars sbaWd be aware of the fsat that all materials and supplies which amptavbased by the Bidder/Proposer for the completion of 1he conhw is subject to tha Florida State Sales Tax in accordance with Section 212.08,Florida Statutes,a amended and all -asnandmetts Ibmato mud sball be paid solely by 1he BidderMmpoeer. IA.TERMINATION—Th6 City Managet on behalf of dw City of bfieW merve ft d&to termim*this contract by written notice to the contractor effective tha daft specified in the notice Aculd any of the following apply: .AL The contractor is determined by the City to be in bm&of any of the tenne and conditlow of the contract IL 71m City has-determinedthat such termination will be in the best interest of the City to tenninte the contract for Its own convenience; C. Funds an not available to covwthecostof tha goods oftriervicay. TU City's obligationisconfiagedupon the availability of q4nxplatc f1dads. 1,s4.TERMS OF PAYNMNT-Paymant will be made by the City aft.the goods endloc services awarded to a Bily with ward specificatiou,fta of damage or- ?age 39 of 52 Page 645 of 697 Invitation flor Bid PB)516399 &f1sc4 and property invoiced. No advance payments of any kind will be made by&e City of Miami. Payment shall be made afkar delivery,within 45 days ofreceipt of an invoice and authorind Inspection and A00611tanN of the-80oWeervicas and pursuant to Section 219.74,Zorfda ftwes mW other applicable lffw. IM.TEMLY DEL]YERY- Time will be of the essence fbr ary m1ders placed as.a result of this solicitation. The QtY r6mves the rigM to caincel amh orders,or any patt fimeof;wititout abliption,if delivery is not made wift tire time(s)apeciffied.on their Response. Deliveries are to be me&fting regular City business,houn unless -otimvise specified in the Special Condition, IM.TITLE-Title to ft goods or equiptuent shall not pass to the City until after the-Cityhu accepted dw goods/equipment or used the goods,whichever comes fnL 1-84-TRADE SECRETS RUCUTION TO PUBUC RECORDS DISCLOSURE-All Responses=bmitted.to the City 80 dubJdd to public disukozo Pummat to Chapter 119,Florida ftutes. An exception may be made for 14rade socretil." If the Raepmea contalm information that constitutes K"tradc meare' all material that qualifies for exemption fforn Chapter 119 tatut be-submitted in.a.separate envelops,cigarly,idendiled as"IRADE SECRM EXCRMON." with your firm's name and the Solicitation mmabar and title maziced on the outside. Planes be ra' re dud the designation of an item as a tm&secret by you may be challenged in cowt by mW persm By your designation of material in your Response u a%ada scarce'you agrea to indecanify and hold harmless the City for any award to.s.plaintiff for damages,000 of attorney's fees and for costs and uttomay's face incurred by the City by reason of any legal actim aWlenging your cbdm, IM.UNAUTHORIZED WORK OR DELMMY OF GOODS-Neither dw qualified Bidder(ay'Proposm(s)-nor mW of hk&a employees shallperftm any work or deliver any goods unless s change order or purchase order is issued and received by the Contractor.The qiWified Biddar(s)ftoposer(g)shall not be*d for any work performed or goods delivered outside the scope of dw contract or any work performed by an employee W otherwise previously authod" lAd.USE OF NAME-The City is not mgapd it research fbr adm8ft sides promotion,or other publicity purposes.No advertising,sales promotion or other publicity materials containing information afthoad ftom lids SolicitWon me to be mentioned,or imply to n of the City,wi&mt prior uprewwritlen peradadon of dw City Manager at tbo-City Commission. 1.87.VARIATIONS OF SPECIFICATIONS-For pmpom of solicitation evaluation,biddardproposers must indicate any varlances fim to solioltdim specifications.andfor conditions,no matter how sligh If variation am not stated on their Response,it will be assamed that the product fiffly complies with the City's speciftations. Page 4.0 of 52 Page 646 of 697 laWtation for Bid(IFB)516388 2.SpWW Conditions 2.1.PURPOSE The pWom of this Solicitation is to establish a contract for City of Mami Mmd*d Vehicle,Equipment- Citywide,a specified heroin,ftom a souroft faffy compliant with the umns,canditions and stipulations of dw molicitadom 2.2.DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL WORMA17ONICLARMCATION Any questiow or clarifications.concerning this solicitation WWI be m9mitted by mail or facaindia to to Prommment IMparWent,Aun:Mmirdo Falcon;ft-(305)400-5390 or anmil:eWzcn@mk=iVv.coW.and a copy filed with the Office of the City Clerk,purmumt to Section 1.34.Comm of 811ance. no solichtion title W M=ba shall be referenced on all campondanca All questions must be received no later than Tuesday,Septamber 29, 15 3:0 All msponame toquestions will be md tD-all prospective bidderdpropom in t&fmm of an addendinn. NO QUESTIONS WELL BE RECHIM VERBALLY OR AFM SM DEADLINE. 2.3.PRZ-13MMPRE-FROPOSAL CONFERMCE Now 2.4.TERM OF CONTRACT The Contact."eommem upon dw date of notice of wmrd sad ftff ber effective for two(2)yeam with am opdm to mdand for three(3)additional one(1)year pariodm,subject to the"lability of funds for Succeeding fMoml ® Continuation of&a conizact beyond tha initial peciod is a City prerogative;nota right of the bidder. Tbiff prerogative will be wwroind only when such oottinuation is clearly It the best intemst of the City. 2.5.CONDITIONS FOR RENEWAL Each renewal o Contz"is mMact to the following: (1) continued safiffflictory pedbrnmm compliance with the opecifications,twm and conditions established herein and (2) av9WAftof ft& 2XL NON-AdPPROPRIAnON OF FDMS In the eventno,funds or hm0cient fkmde we appropriated and budpWd or m odmvdas ummlable in any fiscal period for psyments due under this contract,than the City,upon w&m notice to Sucmofd Wder or dmk usigam of such com=,ence,shall beve the unqualified right to,tmmhuft do contrad without any penalty or wqxme.No guamtee,wamanty or reprandadon is ma&that any partim�m pr*cKs)wM be mw&d to any firm(s). Page 41 of 52 Page 647 of 697 Invitation for Bid(JFB)51 2.7.NZTEKOD OF AWARD Award of this contract will be me&to the responsive and responsible bidder(a)who bid(s)on Unes Sections for Catalogs,Installatlons and Discounted Labor Rate.Biddo)must aft tha highest discomt off the Mann&ctum Ptice Catalogs,Section 3.1.1.,mW the lowest Hourly Labor Rates for standard and paokapd ikistallations iduotifled, Section 3.1.2.Bidders must mibmit percent discount Wds an all.cataloga that you-deeim to supply and install. Bidders who bid on d3a lwtallsdoi4,Section 3.1.2.,must bid on the CsWo&s,Section 3.1.1.as well as submit the time requirements mid tha Discounted Hourly Labor Rob for all installations shown,or your bid will be deemed non-rmponsive. If a caWog is offisred by mom than ons vendo;tha City will calculate the total cost of the dijwunted pett and total amount of hours requiredmaltiplied by the vendors discounted labor We,to deternim the lavvest price for that Purchase. Bidders may provide an all inchoWs price fbr item catagorbad u ADD-ON SERVICES Line Itsins catagorized-as ADD-ON SERVICES,will be issued to to vandor(s)perfixming other owitacted work an the uah(s),and not be issued as stand Won@ work. 2.8.BIDDERS MMUMUM QUALIFICATIONS Bids will be considered only ftom firms that m regularly engaged in the business ofprovWfug goods mWor services as described in We BK-that have a record of performance for a minim=period of 2m(3) ars; t ye and this have sufficient financial support,equipment and organization to insure that 9W can setlafhotoffly provide the goods and/or services if awarded a Contract under the terms and conditiona herein stated, Bidder"not have: (1) any member,officer,or stockholder that is In amars or in deftit of any debt or contract involving the City,is a deftufter surety otherwise,upon any obligation to the City,andlor has flailed to perform Wthftily on any previous contract with tha City,or (2) any tword of pending lawsuits or criminal activides or have am been declared bankrupt. 2.9.FACHXW LOCATION The facility whom wok is to be parfbrmad must be within bliami-Dads or Broward Counties.Bidder shall designate on the HeadaffAttributes Section,the address of acrivice/equipment ftwtaWon facility. 2.10.CATALOG DISCOUNTS Bids Wall be submitted on the basis of a discount fiam,selected mannAwturees published price flso).Such published price IkKs)must be common to,and accepted by,the industry in genwal.no lists naust be-printed, propaly identified,and dated as to issuance and effectiveness. 2.11.FEKED AND FIRM PRICING All prIces quoted for the originally submitted Catalogs are fixed and firzn ft each year of the contract period. Pop 42 of 52 Page 648 of 697 Invitation for Bid M)5145388 All prices quoted for the InstaIladon Hourly JAbor Rate am fixed and firat tbroughout the whole term.of the contzwt 2.12.HOURLY XABOR AND INSTALIAnON MCKS The discounted homly labor and installation prioas provided in Spedfications,Sectiono 3.1.1.,Catalogs and 3.1.2., kwtaliWons,shall indub h1loompoundon for all labor,equipment use,ftsvel dm nod any oftGost to the Bidder.This rate is astablishad to be at strai&time fbr all labo;except:sa oftvin noted.It b judagdAmUm ia,nlmgll,,11 .11 ADD-ON SMLVICES Pricing am&U-Inclusive ofall labw,parts and equipment 2.13.DZLrVZRY I LIQUIDATED DAMA(ZS Bidder"FWde cullor install all items at the guaranteed delivery time specified by the CHY.If the suo0eadd Blddar:Wls to deliver and install KWpmait within the speciffed delivery thneo it is understood dmt 810A0 of the unit pries per-oskndar&y per item will be deducted,ar liquidated.damages,for each day bryond tho spedW delivery dme(not to ammad the tDW amount of the contrad),not as a pandty,but as a form of compensation for the loss of not having the ability to use the product 2.14,FAILU"TO PERFORM Should it not be possible to reach the Sucoesoful Bidda*)or authorized representative(s)st&or should remedial action not be talmn within tmty-Aw(24)hours an any hilure to parfim acoanft to OPOWAMdOng(Sectim 3. ity mmmes the rightto doolare,Succeseful Bidder indeftult of the conftd or maim RPPMPrhb reductions in the omtract payment or terminsto the conted for offun. 2.15.AS OR EQUAL Manufktarces nerne,brand nama andfor style number when used in then specificatiens-aw for the mole purpose of esWbHsbmg minimum.requirements of levels of quality,atandards of p0mance and design required. They are In to way intended th prohibit the bidding of other manufloturces Wands of equal material,(pality,design and standards of petlbrmma,unless 1he wording NO MMSTTWMON is used. Bids on bidder's equal wilt be considemd provided the bidder speciffes btud madaL and the necessary descriptive literature. In the amt the City elects.to contract for an alternate purported to be an equal by the bidder,the nomptance of the item will be conditioned on ft City's inspection and testing after receipt. if in the sole hKISment of the City the item is detsmAned not to be an equal,the matnial shall be returned at the Successful Bidder's arptMae.The aty reserves to A&to govide the Succeseftl Bidder the opporumity to deliver a product of equal quality or timaimte the contract is part cc In whole and mAh awkrd to the nw bwast reepon&c,responsible bidder, 2.16.INSURANCE MQUIREMENTS Bidder sh&pay on behalf of,bulamnify and ave City ard its officials haralem,from and againat any and all ,Claims,liabilities,losses,and omum of mation,which may arise out of 's patformence under the provIsions of Pap 43 ofS2 Page 649 of 697 Invitation for Bid M)516388 bidder'sthe conftuo%including-al-aft or omissions to ad on the part of bidder,including pemon patfonning under this Conhuct for or on e t s of y le o t twhich may be entered and which p rwfit ftom.this Conback unless aftHbutable Of dw City.and fiom and against all costs,attomays'fbes.Menses ad liabilities e of my thereof,mch claim.or the investigation tr of Miami,c/o Purchasing Department,444 SW 2nd Avenue,6th FloM Miami, Merida 33130, (s)of hmarance which indicate that houtance coverage has been obtained requirements as oudined below: .(Y) Workees A. Limits of L' efFlosida t2) Commercial General Uabfflty(Primary and Non-Centributory): A. Limits of Liability Bodily 1qjW d Property,Damage,Liability -Rach Occunme:SLMM Centel Asgrepto Limit;$2,000,000 Personal and Adv.lajury, ' City of Miami includedd. Cmtraotual Liability. (3) BurinesAutomobile Liability A.Limits of LiebiEty Bodily b' i ,including*4 bwowed autosor owned,or non-owned used in connection 13, Endorsements Required: City of Miaml included (4) Garage Keepers Legal LiRbMty tiA:. Limits of Liability $50,000 Coverage wfitten on a [Liability B. lea Comprehensive Bach Auto 11,0002,500 Collision1,0 5, BINDERS ARE UNACCEPrABLE. The In==@ coverage requiredo ,as Rated in Owdard liabift insurance manuals, most newly reflect the operations of&o biddaz insuranceAll o Issued by oompanies authofized to do business under the laws of the State of Flazida,with the following qualifications: The Company i be rated no 1 "A!,as to management,and no Ins then"Class ' Pap 44 of 2 't Page 650 of 697 Invitation for Bid(111B)5 13 88 by the latest of its eqdvident. t policiesBest' o publishede am subject to review and verification approval.prior to insurance Certificates will indicate no modineatim or change in inamum shall be made without dft(30)der written advanoo notice to the oeMento holder. NoTH: T APPEM ON EACH CUT11WATE1. Compliance with the foregoing requitemah 1 not relieve the bidder of his flability and obligation section or under any otber sedion of this schafted,to axon duft to contractud period,the for eubmittIng now or tenowed Insurance catiflostes to dw City at a MW==of ton(1 )calendar drys in advance of ach 0 —In the event that expired eartillcates sire not mplaced with now or tenowed certHloates which oover the c O s iv 'W In dw JiMtation presca To Bid. (5) 71m City ,at its sale discretion.torminate this c the Bidder 1 and SpecWTorms and Cwditiow of the Bid. The Bidder shaU be responsible for asswing that dw hmram oorfi&ates required in co*mdm with dib Section remain in e y be Wanted to the Bidder. . . The bidder, s the City and its employees ft=liability nature or Idnd,including cast and expenses for-or on account of any copyright4 pdonted,or uzpaftW inventloc6 process,.or ertiole manufactured by the bidder. The bidder has no liability when such diatnn is solely and uoltWvely due to the aambfnation,operation or use of mW article supplied t ffWlied by if such claim is based solelyof the article. 11W City provide,proxapt written notiflodion of a daim of eopyright or patent infiftement. Further,if am&a a ' , it y: i ty the right to oonfinue use 4 replace,or ti m available. the City will agree to return the article t ta the contractor Sf ann as may be determined by it court o ) if the bidder um any design,devics, patents, ,it is muuWly agreed and undentnad wi&at onaption that the bid Priemsull Include ali p flee or costs arising fbom die un o ,Jadcas,or materialu I2.18.INSTALLATION,PICK-UP AND DRLIMY MQUMEMENTS installationsAll will be done at either thelocation or Connty�their c 1 s t Division kmRtion,the Fire Garager authorized of Minm1. i Time: eqa*nent after Pago 45 of 52 Page 651 of 697 Invitation thr Bid(23)5 163BB receipt of ft units at their fitoility. Time of delivery may be extended for a Speoffic period when the cause ofauch delay Is beyond thea mtrol of the Suonuffl Bidder and provided that written notice is given to the City Immediately Won knowledge of m4mft delay. All oom*cWd units must be delivered to General Swkm AdminieWition,Fleet Division locadon,dw Fire Garage or auffiorized predetartulmd location within the City of hfismi, Failure to complY vrith dw delivery adwdule tim may result in liquidated damages bft accessed as per sactim 2.13. 2.19.MMTHOD OF PAYMMNT Payment shall be made upon melpt and acceptance of an prMerly invoiced,approved and=mpleted billinas.No down or partial down payments shall be made. 220.PACMG SLEMELNERY T1CXZT TO ACCOWANY ITEMS DVMG DZLIVERY The SucmsfW Bidder"enolose a complete packing slip or delivery tickist vnth any items to be delivered in conjunction with this Bid solicitation. The pwMng sUp sbaU be-aftachad to the shipping carton(e)whWh contains the Item and dW1 be made available to the City's authorized representative daring delivery. The packing slip of delivexy ticlot"I hicluc*eta mimmum,the following lalrnwAm purchaswordernambw,date of order;a complete listing of Items being derivert4 and back-order quantities and estimated delivery of back-orders if applicable, 2.21.COBULEM WORK The City 69 be notified by the Suomsfid Bidder upon completion of work. The City"Inspeot and approve same bafm authorizing payment. Wemk not satiaWtorfly oompleted shall be redwe by dw Successfal Bidder-at no 4dditiond charge to the City. 2.22.ADDMON&MELICTTONS OF SUPPLMRSIFAMITMMEBSURVICIM Althou&6*Solicitaft WeaMes speofflo i e serviced,it is beraby agreed Rud understood that anya be addedIdelebed to/ftm 616 contract at the sole optionoftheCity. WheniL now distributor,product oredw additions to the contract era req*ed,the all wdsdug and now Bidders under Us contract shall be invited to submit price quota for tbase new If these quota am comparable with market prices offmad for WmUu thv s1mll be added to dw oontract,whidhaver la in the best interest of the City, and an addentlum and a-separate purchase order"be issued by go City. 2M.CONTRACT ADMMSTRATORS Upon ward,Successful Bidder alll rqnt and work directly with Carlos Pau and Jolm Babos,Superintendaut for Heavy and U&Fleets respectively,who"be designated as tba.Contract Admilaishoor for GSA and lose Pap 46 of 52 Page 652 of 697 Invitatiou,for Did(IFB)516388 Davila,Superintendent of Support SwAuss,a the Contract AdmWNUAtOr for FIrOMBSCUO OMIL 2.24.sURCONTRACTORS OF WORK SHALL BE M04TOM As put of Its.Bid.ths Bidder is reWired to idanffy ww and all suboonuactors dat will be=ad in to pmformance of ft pmposed contract,6*capabilities,eqmiencer wd the portion of dw work to be dons by the.Suboweactor. Failure to idea*any atd all Subcontractors In the Bid may rerider the Bid non-asponsive. The Suc000ffM Bidder(o)shall not,at xW dme during the tanure of&a oonhul%ffabcontrad any put of the operations or wMgn any portion or put ofthe contact to Subconhulor(s)not originally mentioned in the Bidy except under and by vhto of permission.stantod by ft City through the proper officials. Noffift contained in&@so specifications shall be construed as emblishing any cantra&tW zolationehip b8twM mW Subcontractor and the City. The Suaceadd Bidda*)shall submit a list of all Sub-Contractorrefimm infoxtaeft inoluft contsots,address, phone,fix,em4 copies of licenses required by the State of Florida.and/or Miami-Da&County,hi the HeadodAtteeihments Scotioa of this bid and be fally responsible to the CRY for the acts and emissions of do Sub-Controotor and their ampkTesm6 the same es Ir acts and omissions ofpmons employed by Contractor. 2M.WORMANSHIP AND MATERLUA All parts installs oontraot shall be now(of current design or manubdure).All materials and wadmunship shall be of the highest quak.The City shall be&a sale judge as to parts and workmanship. 2.26.TIM BMS Whenow two or more-Bids which we equal with respect to price,qualityand soxvice m received by the City for the procurement of commodities or contractual sonAces,e Bid xaceived fion;a business that cartifies dug it bas implomeaW&drug-ftee.workplave program"be given p1hrence in the rward proms. Established procedures for processing Me Bids will be Mowed ff none of the tied vandon have a drq-ftw workplace progMUL Jh ardwtD have a drug-froe woftlaoe program,,it business shalk (1) Publish a statement noffying employeas that thOmnlawful manufkature,distribution,dispensing,possession,or use of a controlled substance is prohibited in the workplace and specilft the action that will be W=against employees for violations of such prohibition; (2) Mm employees about the dangers of dras a in dw workplace,the businese poft of mahunining a drug-ftee woftlace,anywaftble drug oomolmg,rehabilitebm and employee assistance programs,and the penalties that.my be imposedupon employees ibr drug abuse violations; (3) Mve each employee eagaged in providing the oommodides or oonteutual am-does that m underAld a copy of the statement specified in subsection(1); (4) in the statement specified in aftection(1),not*dw employees&K as a condition of working on the commodities or oentwhuil services that are under Bid,the employes will ebide by the torms of the statement and will notify the smplbyar of any convictim or plea of guilty or nolo oontanden to any violation of Flad&Sufi to Chapter 893 or of any controlled m1botanes law of W Unifted States or say state.fbr a violation 0000tting In to woftlaw no later dm five(5)days after auch ftdiq; Pqp 47 of 52 Page 653 of 697 Invitation for Bid(MB)5163 89 (5) Impose a maction on,or require the satisfiWory participation in a drug abuse assistance or rehabiliudog P00grAm,if Ouch Is available in the amPloYee's community,by my employee who Is-so convicted and (6)Make a good fidth effort to continue to maintain a drug-frae workplace through implementation of this section. 2.27.DAMAGES TO PUBLICIPRWATE PROPZRTY 11re Succosaffi Bidder shall carry oW the work with such=and methoda am sot to result In damage to palic or VriV6t&PWPartY a4jamt to IhO work Should my public or Private property be damaged or destroyed,the Succassfhl Bidder shall assume the expense and repair or make restoration a is practical and acceptable to the City and/or trwnars of defftrayed.or damaged proMW promptly vdbn a reasonable lengh oftime(not tar exceed one month ftoza date damage occurred). 2.28.FACTORY DEMCTR All material specified haredler shall be fidly guaranteed by the SwomfW Bidder against befory defbota. Any dchda which may occur as the rank of efter fimity material or woritmanship wiNn the period of the marrulaturer's standard warmty will be correated by the Bidder at no expense to-the City. 2.29.WARRANTY,PTIMSS FOR PURPOSE The Successful Bidder warrants the mosdals.and labor supplied and the work perfttmad under this-contract con1brm.to Y/arrenty materials provided for two(2)yam ftm des of completion. Any payment by the City on behalf of the.goods or services readvad ftm the SuccesdW Bidder does not constitute a waiver of these warranty provision. TU Suocmftl Bidder shall.be responsible for promptly correcting any deficiency.at no cost to the City, within wen(7)calandar days ifter the City notifies the Suoceseld Bidder of such deficiency in vMting,If dw Sucoesstl Bidder fails to honor the warranty anWar fidis,to correct or nOm tho defted"-work or items within the period specified,the City may�at Its disated:on,no*the Succautd Didde4 in writing,that the Successfid Bidder may be debarred as a aty Bidder and/or subject to cautracksal da&ult if the corrections or replacements an not completed to the satisfaction of the City within to (10)calendar days of receipt of the notice.If the Successful Bidder fi&to ut!4 the warranty wilhin the period speoffied in the notice,the City may(&)plfbi Bidder in deflault of Its contmat w&ec(b)procure thaproducts or ffervioas ftm another vendor and oharp the Sucoasdbl Bidder for any additional costs that we incurred by&a Cily for this work or ftemc either thmugb a midit memorandum or%wagh invoicing. 230.QUAL1TY AND MANUFACTURE 7he appOrmt 6110=B of them specifications as to any details or the apparent omission ftm it of a detailed description concerning any point,shall be regarded as meaning that only materials andwortmanship of first quality are.to be use&All interpretadons of these specifications shall be mkk upon the basis of ibis statement. Specifications,brands and maimfitchmn'nuns,whare given,we to establish.product type and quality re*Areci Arl opal thereto will be considered,subject to the approval of the City of Miami.Bidders shall indicate on to Bid Shacts,the mamdacturar,bred and model or style M=ber ffiq firtand to supply to the Cfty�for oach item Bid.All materials shall be now,of current nmmdWtm%and WWI carry standard warranties.No subatitatione Pap 48of 52 Page 654 of 697 Invitation for Bid(213)516388 be allowed after the Bid is awarded unless so authorized by the City, 17he City Maerves the right to patform its awn testing procedures or to send any and all samples to any coitiflable hbmtory for analysis.Auy and an coo for teffft shall be bez-aa by Bidder.On the bads of this tasft and analysis,6a City shall b,.-sole Judge of*a acceptability of the sample in coq[unction with the Bid spodficstiong-end its decision shell be ftd.Any sample.subnAtted ahall code an wq=u warrecty that the whole of the pods andlor servioesto be providedby die Mar during the coniract period shall conforni to&o sample submitted.The Bidder shell be raqvired to provide adequate restitution to dss Chy,in the memor promribed.by the City,if this wan*is violated daring the term.of the oonbwL 2,31.PROIYUCT RMSTITUTES In&a event a particular approved and awarded manuftatuxes product beemes unavailable&nitg the tama of the Contrack the Suooessibi Bidder awarded that Itain may exronge with the sudmized City representative,to aupply a substitute product id the bid price or kmw,provided thd a sample is approved beftmehand and ffint to now prodnat mects or exceeds all quality requirenmu.Suconsfal Bidder shall roplave items pitrchand.by the City which=of unaccq3table qmfity or which are,dowmAned by the using departum:unswdoeable for any reasons. Item covered by wpus warranty shall be govetned by term and conditions therein. W2.REFERENCES Each Bid"be acceanpanied by a list of three(3)refirences as refiboW in this HeadedAMbutes Section of this Solicitation,which&all,Wchido the nama of the compaon dates of contract,deactiption of goods at"hed,a contact pmon and&a Waphow nuadxr.NO BM WILL BE CONSIDEM WrMOUT THIS 119T. 2,11,SPECMCAnON EXCEPTIONS Speoffications an based on the moot murant literature nuilebim Bidder sof Moral Purchasing Department in writing,no Im than tm(10D days prior to solicitation closing data of any chop in the manaWturers'spooffications which o=Mct with the spoWficationo.For hard copy bid submittals,bidders must utplain any deviation fiont the specifications in writing:w a footzm*on the applicable spooffication page and onelm a cM of the manuActurer's.specifications daft dotsift thavhaged Item(@)with hisiler submission. For electronic bid subjuittals,bidders mud mTlain in the Howler Seddon or by an Attechmod and,if applicable,onolose a scanaed copy of the memActurees qxr.1fications data detaft the changed itern(s)with hidlim sabmbsion. Additionally,bidders must indicate any options requiring to addition of other optione,as well as those which are included an a part of nothar q4tom Mluro of bidders to compLy with these provisions will mutt it bidden being hold rWonsiblo for all costs repired.to bring the item#)In compliance with-contract%yedficadons.. 2.34.TRRHMATION. A.FOA DEFAULT I Bidder default@ in its performance under this Contract.and does not am the dolult within 30 dwya aft written notice of dofWt the City Manager may knalude this Cont=4 In whole or in pz%upon written notice without penalty to dw City of Mami.In such amt the SuccessM Bidder"ll be liable%r damages inoWing the wwas$cost of procuring shaft supplies or seavlow:provided that K(1)it is determined for any roman that tha Pap 49 of 52 Page 655 of 697 Invitadon for Bid(IFB)5163 89 SUCOVWU Bidder was not in ddAWt or(2)do Sucomfid Bidder's fiffiva to pedbm in without SuccomAd Bidder Or its QWWL Itult or negsenc%the tominstion will be deetned to be a termination for convenieux of aty of hismi. B.FOR CONVEN1ENCE Ile CitY MalWar may tennizato this C=W4 in w1wle or In pw%upon 30 doys prior written notice when it is in the best Intemst of the City ofmazal.if this contract is for Miles,products,equipment,or softue,god so terminated for OMMAeftce bY the Citrof Nomi to SuWessful ® i vAll he sorapamted In accordanoe with an agrad upon 4vatment of cost.To 60 wrWd(bat this Contract is fbr onvion and so terminated,the City of hfiami shall be liable only for pqmwt in aoomxW=with the pqmmu pmvWom of the Contract Rw those services rendered prior tD ternifimfion. 2.35.BALANCE OF IMU While the City hu listed all needed Iteam on the Bid Soltstion,which am utilized dqmA&in coWunction with its opemdons,&==y be ancithiry it=dud must be purzhuW by do City duft the term of this watraot For 66 reason,Bidders we repeated to quote the percafte discount that will be offered to the City for items whith do not appear onthis Bid Sal icitatiom Aus refiected by theDidder on do Price 11M this discount shell be offired for all item Rod in nationally,established ararnal retail supply catalog&no most romtly publlohmt cRialog shall serve a the basis for catablishing the ratall price to ber discounted. SuccessW Sl )shall aubm14 their preduct cabft paWlshad.price Hot,or ofter verUlable prift source(p)for the products they offer as the Balance of Line. ®ADDMONAL TERMS AND COND117ONN No additional twu and conditions Included a pW of yucsolicitation response shell be rvaluated or oonWaced, and any and all such aMflonal Wm and conditions shall have no fi=or affect and as inapplicable to this solicitation. If submitted either purposely,through intent or-dwIM or inadvertently,appearing sepsrately in transmittal lethn%specifications,literature,price Rots or warranties,it is understood and agreed ffiA the VAnvzW Conditions and Special.Conditions in tbh solicitation sm the only conditions VpHoable to this solicitation and that the bidder'si/propos wAorized sigmure Lffixed to the biddar's*uposes ackaowledgment form atwe to this.If a Professional Services Agmentent(PSA)or other Agreement is provided.by the City and is expressly included as part of this solloWon,no additional terms or conditions which materift or ffubstsntkl�y vary,modWor ulter the tm=or oonditions.of the PSA or Agramnent,In the sole opinion and reasonable discretion of the City will be considere& Any and all such 9ditional terms and conditions dM have no fbrce or offiet and an inepplicablato ffis PSA or Agreement Pap.50 of 52 Page 656 of 697 Invitation ft Bid )51 3 88 3.Speeffindong . . ORMCATIONWWOPE OF WORKC 3.1.1. cATALoGS It in the .of the Mowing1 bidder(a) y combination-of mualcipul voldcle equipment as HOW be1 . t Discount off Catalog(Bidderst required to bid t MUST fsidnnit cuzont catelog with 1i offmd Failure to submit catalog with 4prim list may deam yaw bid non4asponaiva}, The Suomed a)shell indicate t1w dimmt pmentage ftm the most surred published price MWO99 for B below Hftd manafliatarers of wunicW vehfda equipment. these a on an as-rioaded,whan-neaded basis as deamed it the best hftvd of the City of Moroi,Bidders submitt catalog voith fistpricast provided.Ju your bid to all itsins fisted in dw catalog.Biddenc +ve oA the anniverany date of when 1he bid combat became affbotive.MmAtundaft the Uh&WJWJkSaR&MrwL Bidders t t on catalogs which dwy are w0wrized reselle" (SM Price e)® 3.1.2. INSTALIATMNS Labor Tim i a lice vehicle equipment components purchased under disc=tad percentages in abovecatelegs.( -.5,19 , 5) Prisoner Cage NNW t Prisonar Seat Row Window Ban vnth OEM door panels ' Fow(4)Corner Universal IM IDdeaway Light Syetem vath Controller Four( ) without Contr011er ,1.3. VVINDOW TINTING Window t1aft(' e will be done at e equipamt and Will not be done as a stand alone service.All window tint fibn used 60 to legal in the State of Florida, dWxWdw==ty of s . Coverage on vehicles is as follow Window Ttudq for a (5)windows,plus (1)Sunitf* Window Tinting far Sports Utility Vehide,shall hAWO Bevan (1) Window Tinting.for Pickup Standard Cab aliall include three )windows,plus ow(1) P Pap 1 of 5 Page 657 of 697 InvitWon fbrBid )516388 i s plug mw(1) Window Tinft far Pickup Crew Cab shaR mchWe n (5) P (1)Smstrip. i Page Q i f i � e g i E t F i e 52 of 5 I i Page 658 of 697 HSU City of Miami 35 Ci n American Drive 7 � Miami,FL 33133 www.miamigov.cm aster Report Resolution 8464009 File ID 9: 15-01594 : 1114/16 Version: 1 Controlling Office of the City Status: Passed Clark This: A RESOLUTION OF THE MIAMI CITY COMMISSIONACCEPTING 1 ,2015,PURSUANT TO UPMATION FOR BID NO.5163$ ,FROM DANA SAFETY SUPPLY,INC. AND LESC, C. Y COMPANY,INC., INSTALLATION THE RESPONSNE ANDRESPONSIBLE BIDDERS,FOR THE PURCHASE AND/OR EQUIPMENT,ON A CITYWIDE�AS NEEDED CONTRACTUAL BASIS,FOR A PERIOD OF TWO ) YEARS,WrM THE OPTION TO RENEW F )ADDITIONAL ONE(1)YEAR PERIODS, VARIOUSALLOCATING FUNDS FROM THE APPROVALDEPARTMENTS AND AGENCIES,SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY OADDITIONAL ADDED TO THE CONTRACT F MIAMI. introduced: 1 /15 Name: Accept Bid-Municipal Vehide Wpment Requester: Dqwtment of General Cost: Final Ion: 1/1 /1 Services Administration Sections: Indexes: Attachments: 15-01594 Fora.pdf,1 1594 15-01594 i Tabuktion.pff, 1541594 e-Dam Safety Supply . 15-01594 Bid Response-Law Enfi=ment 1 Supply.pdt15-01594 ,1"1594 Invitationi 15-01594 Legislatiamptif 1 Action History Vor. Actino Body Date Aaflon SentTo Due Deft Returned Resuft 1 Office of the city 12129/15 Attorney Approved 1 city commission 1/14/16 ADOPTED1 City ofmimEd Pap I PAMW an I16 Page 659 of 697 A motion was made by Francis Suarez,seconded by Frank Cewllo.that tWo mattw be ADOPTED.The motion carried by the following vow :5-Wifiedo(Willy)Gott,Ken Russell,Frank Carollo,Francis Suam and Kom Hardemon I Office of the Mayor 1/15/16 Signed by the Mayor Office of the City Clerk I Office of the City Clerk 1/15/16 Signed and Atbestod.by City Clerk City ofmiwd PaV2 Printed an IrIM16 Page 660 of 697 m oo v CD a• w ru rs d 4 ' h fr tl � I 09 9 1, _ ( � •, � . I I I In E E .e.n��.. s d....._.. _ W 1 r C m 4 g I 5 J C r a Page 662 of 697 EL a 0 t t Ir 4 q t t 1 9 It rill I � _ i c: A, ---L it M tj ............... Page 663 of 697 y w, 1 r r t Fu iL Nil t10 Irk ; b,Ll s i i s Page 664 of 697 CIT T I jor f gEtaml I . 516388(21) DESCRIPTION: PURCHA E A INSTALLATION OF MUNIIP ICL EQUIPMENT CITYWIDE TERM OF CONTRACT: TWO( )YEARS.WITHT ( )ADDITIONAL ON E-YEAR PERIODS PERIOD:CONTRACT COMMODITY05557-00 $gCTtQN81,-- : AP Dona Supply,Inc. Signal Technology Enterprises 1620 NW 82nd Ave. 420 West 2r Street f. L 33126 Hialeah,FL 33010 Mark evl :Albert Espinosa Phone: (8W)854-5536 : ( ) 1373 Email:mriamignY01 dss.agm Email:fi I n me. m LESC,Inc.dibla Law Erdbroement Supply 1 Lyons .,Suits H-3 Coconut Creek, FL 33073 Jose Ferrando Phone: ( ) 776 x5203 Fax: ( )634-2490 II:Jf ndo_Ia uDoly. ORDINANCEKWM AWARDCC JANUARY 14.2016 AMENDEDAMOUNT:NIA RESOLUTION . i INSURANCE I TOTAL CONTRACT T: A A APPLICABLE IAC IA Notes:Per Section 2.22 Additions/Deleflons of Suppliers/FacliMes/iteme/Serviosethe following has been added to Dona ul catalog: Authorized rib r:Jotto DesklPatrict/Kodlek Minimum discount CITY OF MIAMI.GSA Contract I i .John Babos Phone:( ) 7 -PURo C CITY OF M IAM I, DEPARTMENT OF PROCUREMENT Buyer:Eduardo Falcon Phone:(305)416-1901 ( ) 530 Prepared : Aimee Ganderilla,5/18/17 A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ABSISTYOU WITH THE INFORMATION CONTAINED HEREIN AVAILABLE IN THE ISUPPLIER INFORMATION BECTION OF OUR WESPAGE AT: MIAMIGOV40110PROCUREMENT Page 665 of 697 C1TT,*tlj af 4fftamt Procurement Department RFW IFB NO, 516388(21) DESCRIPTION: INSTALLATION F MUNICIPAL VEHICLE EQUIPMENT CITYWIDE TERM OF CONTRACT: TWO( )YEARS,WITH OTR F ( )ADDITIONAL ONE-YEAR PERIODS PERIOD:CONTRACT 25,2 018 THROUGH JANUARY 24,2018 FIRSTL: JANUARY 25,20181 COMMODITY SECTION 1 — A Dana Supply, Inc. i Signal 1620 NW a2fid Ave. 2645 Federal SIgnal Drive Doral,FL 33126 University Park,IL 6048 Contact: Mark I ny Contact:Rodney Jones ( ) : ( ) 7 Email:___ viae 1d II:AQM9Mds1g&om ,Inc. 1Hemnvndv!He Road Pompano Beach,FL 330134 Contact: in Phone:( ) Fox: ( )948-9877 Email:saIea@gyj@Xgm I 1 ON/APPLICABLEI CC AWARD AT Y 14,2016 AMENDED AMOUNT, NIA RESOLUTION INSURANCE I T : YES TOTALN/A PERFORMANCE BOND: WA APPLICABLE ORDINANCES: FIRST :JANUARY 26,2018 ._. .. ------..__.........___ 0 SECTION„ CITY OF MIAMI,DEPARTMENT OF GSA Contract l tr o r:John Baboi Phone:(3 05)329-4874 ��..........__ --......... ....... - . _ ....... I CITY OF MIAMI,DEPARTMENT OF PROCUREMENT Buyer:Eduardo Faloon Phone:(3 05)416-1901 Fax: (3 05)400-5390 AimeePrepared By. rill ,1/9/17 I ' I: A CONTRACT AWARD SHEET INSTRUCTIONAL UIASSIST YOU WITH THE INFORMATION CONTAINED HEREIN 18 AVAILABLE IN THE ISUPPLIER INFORMATION SEC N OF OUR R AGE T: MIAMIGOV.COMIPWCUREMENT Page 666 of 697 11.A. NEW BUSINESS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. EXPLANATION OF REQUEST: The Growing Strong Ministries is based in Palm Beach County and Haiti working to strengthening their communities by improving the life of families through education and social services. Their goal is to empower people and improve lives. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? There will be no impact on City programs or services. FISCAL IMPACT: Budgeted Budgeted the Community Support Funds of$2,000 for each Commission member were approved in 2018/2019 budget. ALTERNATIVES: Do not approve request. 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 667 of 697 RIS-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Part l ® Summary of Request(to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: $ Recipient/Payee: C-N--V V"�'vc\' Description of project, program, or activity to be funded:' 0 Part 11 -Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ 7 The balance of funds available for the requesting Member of the Commission is Accordingly: �( There are funds available as requested r There are insufficient funds available as requested Dated: By: Clerk Part III-Eligibility Evaluation � 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 The public purpose isbeneficial to the entire community s d by such donation Dated.—) ('P 13y:77;;P! I Requesting MemVir f the city Commission age.662 of FSa7 12.A. LEGAL 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-032 - SECOND READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. (Due to advertising deadlines item to be heard on December 4,2018) EXPLANATION OF REQUEST: According to the Humane Society of the United States, hundreds of thousands of dogs and cats in the United States have been housed and bred at substandard breeding facilities, known as "puppy mills" or "kitten factories," that mass-produce animals for sale to the public, many of which are sold in pet stores. Studies have shown that cats and dogs that are bred in puppy mills or kitten factories may arrive in pet stores and their new homes with giardia, parvovirus, and distemper, illnesses that can be transmitted to healthy family animals. According to the Humane Society of the United States, Florida has one of the highest number of consumer complaints about puppies purchased from pet stores. City staff recommends that the retail sale of dogs and cats in the City of Boynton Beach be prohibited, to encourage pet consumers to adopt dogs and cats from shelters, thereby saving animals' lives and reducing the risk of exposing the community to the illnesses that may be transmitted by animals coming from pet stores. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? n/a FISCAL IMPACT: ALTERNATIVES: 1. Do not approve the Ordinance 2. Approve with modifications to the regulations STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 669 of 697 ATTACHMENTS: Type Description Approval of Ordinance amending Chapter 4, D Ordinance Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. Page 670 of 697 1 2 3 ORDINANCE 18- 4 5 6 AN ORDINANCE OF THE CITY OF BOYNTON 7 BEACH, FLORIDA AMENDING CHAPTER 4, 8 ANIMALS AND FOWL, BY ADDING A NEW 9 SECTION 4-39, TO ADOPT NEW REGULATIONS 10 REGARDING THE RETAIL SALE OF DOGS AND 11 CATS; PROVIDING FOR CONFLICTS, 12 SEVERABILITY,AND AN EFFECTIVE DATE. 13 14 15 WHEREAS, according to the Humane Society of the United States, hundreds of 16 thousands of dogs and cats in the United States have been housed and bred at substandard 17 breeding facilities, known as "puppy mills" or "kitten factories," that mass - produce animals 18 for sale to the public, many of which are sold in pet stores; and 19 20 WHEREAS,the May 2010 U.S. Department of Agriculture, Inspector General's Audit 21 Report concluded that the Animal and Plant Health Inspection Services (APHIS) Animal Care 22 (AC)unit's enforcement process was ineffective in achieving breeder/dealer compliance with 23 the Federal Animal Welfare Act(AWA) and that APHIS took little or no enforcement actions 24 against violators; and 25 26 WHEREAS, such lack of enforcement weakened the agency's ability to protect the 27 animals and as a result 2,416 of 4,250 violators repeatedly violated AWA, including violations 28 of minimum care standards intended to ensure the humane care and treatment of animals; and 29 30 WHEREAS, cats and dogs that are bred in puppy mills or kitten factories often suffer 31 from health, social, and/or temperament problems that frequently result in costly treatment or 32 even death; and 33 34 WHEREAS, in addition to the congenital and hereditary conditions resulting from 35 substandard breeding facilities, dogs and cats bred at these facilities may arrive in pet stores 36 and their new homes with giardia, parvovirus, and distemper, illnesses that can be transmitted 37 to healthy family animals; and 38 39 WHEREAS, according to the Humane Society of the United States, Florida has the 40 highest number of consumer complaints submitted to the Humane Society and the highest 41 number of complaints about puppies purchased from pet stores; and 42 43 WHEREAS, pursuant to Florida's Municipal Home Rule Powers Act, Chapter 166, 44 Florida Statutes the City of Boynton Beach my exercise any power for a municipal purpose 45 unless otherwise expressly prohibited; and 46 47 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\29B31609-0129-46E9-81F3-5931792EA87D\Boynton Beach.13339.1.Pet Store_0rdinance_(LL)(00156281-3xc4b6a).Docx Page 671 of 697 48 WHEREAS, the City Commission deems the prohibition of the retail sale of dogs and 49 cats in the City of Boynton Beach to be in the best interest of the health, safety, and welfare of 50 the residents and citizens of the City of Boynton Beach, and the public at large, that such 51 prohibition constitutes a municipal purpose and will encourage pet consumers to adopt dogs 52 and cats from shelters, thereby saving animals' lives and reducing the cost to the public of 53 sheltering and euthanizing animals. 54 55 56 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE 57 CITY OF BOYNTON BEACH, FLORIDA that: 58 59 SECTION 1. The foregoing recitals are hereby affirmed and ratified. 60 61 SECTION 2. The City Commission of the City of Boynton Beach, Florida, hereby 62 declares and finds that puppy mills and kitten mills are inhumane breeding facilities, with 63 documented and widespread instances of, unsanitary conditions leading to infectious diseases; 64 overcrowding in cages; a consistent lack of proper veterinary care for severe illnesses and 65 injuries; a consistent lack of protection from harsh weather conditions; and a consistent lack of 66 adequate food and water. The Commission further declares and finds that animals from mills 67 often face an array of communicable diseases, genetic disorders, and other health problems that 68 may present immediately after sale or not until several years later, which lead to costly 69 veterinary bills and distress to consumers. The Commission further finds that pet store dogs and 70 cats come from puppy mills and kitten mills, and the most effective way to stop puppy mills 71 and kitten mills is to prohibit the purchase and sale of puppies and kittens produced at these 72 inhumane facilities whether those facilities be in state or out of state. Accordingly the 73 Commission finds that it is reasonable and necessary to prohibit the sale of dogs and cats within 74 the municipal boundaries of the city in order to protect the health, safety, and welfare of animals 75 and the public at large. 76 77 SECTION 3. Chapter 4. Animals and Fowl of the Code of Ordinances of the City of 78 Boynton Beach, Florida is hereby amended by adding a new Section 4-39 as follows: 79 80 81 Sec. 4-39 -Retail sale of dogs and/or cats. 82 83 (a) Definitions. For purposes of this section, the following definitions shall apply: 84 Animal rescue organization means a duly incorporated nonprofit organization devoted to 85 the welfare, protection, rescue, care, humane treatment, and adoption of stray, abandoned, or 86 surrendered animals, and which does not breed animals. The term adoption does not include 87 the sale of an animal for profit. 88 Animal shelter means a state, county, municipal, or related public shelter or duly 89 incorporated nonprofit organization devoted to the rescue, care, and adoption of stray, 90 abandoned, or surrendered animals, and which does not breed animals. The term adoption does 91 not include the sale of an animal for profit. C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\29B31609-0129-46E9-81F3-5931792EA87D\Boynton Beach.13339.1.Pet Store_0rdinance_(LL)(00156281-3xc4b6a).Docx Page 672 of 697 92 Pet store or net supply store means any retail establishment open to the public that sells or 93 transfers, or offers for sale or transfer, dogs and/or cats regardless of the age of the dog or cat. 94 Additionally, such establishments may also be identified by the sale of animals other than those 95 from the Canidae or Felidae families that are traditionally considered to be domestic pets and/or 96 the sale of grooming services and/or domestic pet supplies and accessories (including but not 97 limited to food, bedding, toys, grooming products, collars, leashes and the like). 98 (b) Retail sales of dogs and/or cats prohibited. No pet store or pet supply store shall display, 99 sell, trade, deliver, barter, lease, rent auction, give away, transfer, offer for sale or transfer, 100 or otherwise dispose of dogs or cats within the City of Boynton Beach. 101 (c) Exemptions. This section does not apply to an animal shelter, an animal rescue 102 organization, or an animal shelter or animal rescue organization that operates out of or in 103 connection with a pet store or net supply store. 104 (d) Adoption of shelter and rescue animals. Nothing in this section shall prevent a pet store 105 or pet supply store,its owner, operator, or employees from providing space and appropriate 106 care for dogs and cats at the store if such animals are owned by an animal shelter or animal 107 rescue organization and are maintained at the store for the purpose of adopting those 108 animals to the public. 109 (e) Enforcement. 110 (1) Any person who commits an act in violation of this section may be prosecuted for 111 such violation in accordance with chapter 2, administration, of this Code of 112 Ordinances,F.S. ch. 162, and/or any other means of enforcement available under state 113 or federal law. 114 (2) The city may initiate a civil action in any court of competent jurisdiction to enjoin 115 any violation of this section. 116 (f) Effective date. Any pet store or pet supply store that is lawfully operating on the effective 117 date of this ordinance [from which this section derives] shall be permitted to continue its 118 sale of dogs and cats for a period of time not to exceed eighteen (18) months from 119 September 6, 2018, to wit: March 5, 2020. 120 121 122 123 SECTION 4. All ordinances or parts of ordinances in conflict be and the same are 124 hereby repealed. 125 126 SECTION 5. Should any section or provision of this Ordinance or any portion thereof, 127 any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, 128 such decision shall not affect the validity of the remainder of this Ordinance. 129 130 SECTION 6. Specific authority is hereby given to codify this Ordinance. 131 132 SECTION 7. This Ordinance shall become effective immediately upon adoption. 133 134 FIRST READING this day of 2018. 135 C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\29B31609-0129-46E9-81F3-5931792EA87D\Boynton Beach.13339.1.Pet Store_0rdinance_(LL)(00156281-3xc4b6a).Docx Page 673 of 697 136 SECOND, FINAL READING AND PASSAGE this day of 137 2018. 138 CITY OF BOYNTON BEACH, FLORIDA 139 140 YES NO 141 142 Mayor— Steven B. Grant 143 144 Vice Mayor— Christina L. Romelus 145 146 Commissioner—Mack McCray 147 148 Commissioner—Justin Katz 149 150 Commissioner—Vacant 151 152 153 VOTE 154 ATTEST: 155 156 157 158 Judith A. Pyle, CMC 159 City Clerk 160 161 162 163 (Corporate Seal) C:AProgram Files(X86)ANeevia.Com\DocconverterproATemp\NVDC\29B31609-0129-46E9-81F3-5931792EA87D\Boynton Beach.13339.1.Pet Store_0rdinance_(LL)(00156281-3xc4b6a).Docx Page 674 of 697 12.B. LEGAL 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: PROPOSED ORDINANCE NO. 18-033 - SECOND READING -Amending Part 11. "Code Of Ordinances," Chapter 15, "Offences-Miscellaneous,"Article I, "In General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement Of Noise". (Due to advertising deadlines item to be heard on December 4, 2018) EXPLANATION OF REQUEST: The current code for noise abatement is not adequate to provide City staff the ability to address noise and sound issues that affect the quality of life of citizens in Boynton Beach. Staff is recommending revising Chapter 15 of the Code of Ordinances to add language that allows staff to require noise and sound reduction from private property when it exceeds the limits specified. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? The revised code will provide the necessary language to allow staff to address noise complaints in an efficient manner. FISCAL IMPACT: Non-budgeted No budget impact. ALTERNATIVES: STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: CLIMATE ACTION DISCUSSION: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Ordinance Ordinance amending Ch 15 Page 675 of 697 1 2 ORDINANCE NO. 18- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 AMENDING PART IL "CODE OF ORDINANCES," CHAPTER 15, 6 "OFFENSES-MISCELLANEOUS," ARTICLE I, "IN GENERAL," 7 SECTIONS 15-8.1 THROUGH 15-8.8; CREATING SECTION 15-8.9 8 ENTITLED "MEASUREMENT OF NOISE"; PROVIDING FOR 9 DEFINITIONS, CITY COMMISSION AUTHORITY, CODIFICATION, 10 SEVERABILITY, CONFLICTS,AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach has a significant 13 interest in protecting the health, safety and welfare of the residents in the City, and ensuring the 14 residents' enjoyment of life and property; and 15 16 WHEREAS, the City of Boynton Beach has a substantial and significant public 17 interest in protecting residential areas and land uses from potential adverse impacts of 18 continuous, excessive and unnecessary noise and/or sound; and 19 20 WHEREAS, such public interest extends to protecting,preserving and maintaining 21 the health, safety and welfare of the residents while also protecting, preserving and 22 maintaining the aesthetic character of areas where the residents reside and do business; and 23 24 WHEREAS, the City of B o y n t o n B e a c h desires to avoid potential detrimental 25 impacts to residents of the City from continuous, excessive and unnecessary noise; and 26 27 WHEREAS,the City finds that this Ordinance will advance the public health, safety, 28 and welfare, and help to preserve the unique and extraordinary aesthetic qualities of the City. 29 30 NOW,THEREFORE,BE IT ENACTED BY THE CITY COMMISSION OF THE 31 CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: 32 33 SECTION 1. Recitals. The foregoing recitals are hereby ratified and confirmed as being 34 true and correct and are hereby made a part of this Ordinance. 35 36 SECTION 2. Amendment of City Code. Part 11, "Code of Ordinances", Chapter 15-8.1 37 through Chapter 15-8.8, are hereby amended as provided in Exhibit "A", which is attached to 38 this Ordinance, and hereby incorporated by reference(words that are stricken out are deletions; 39 words that are underlined are additions). Part 11, "Code of Ordinances", Chapter 15-8.9 entitled 40 "Measurement of Noise" is hereby created as provided in Exhibit "A", which is attached to 41 this Ordinance and hereby incorporated by reference (words that are stricken out are deletions; 42 words that are underlined are additions). 43 44 SECTION 3. Codification and Reservation of Rights. This Ordinance shall be 45 incorporated into the Boynton Beach City Code. Any section,paragraph number, letter and/or 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 1 Page 676 of 697 46 any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, 47 typographical and similar or like errors may be corrected, and additions, alterations, and 48 omissions not affecting the construction or meaning of this ordinance and the City Code may 49 be freely made. Adoption and codification of this ordinance does not waive the city's right to 50 contest or otherwise challenge the constitutionality validity, enforceability, and effectiveness 51 of the Act or any part thereof and the city hereby reserves the right to contest and otherwise 52 challenge the Act. 53 54 SECTION 4. Severability. If any section, subsection, sentence, clause, phrase, word or 55 provision of this ordinance is for any reason held invalid or unconstitutional by any court of 56 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 57 shall be deemed a separate,distinct and independent provision, and such holding shall not affect 58 the validity of the remaining portions of this ordinance. 59 60 SECTION 5. Conflicts. In the event of a conflict or conflicts between this Ordinance and 61 any other ordinance or provision of law, this Ordinance controls to the extent of the conflict, as 62 allowable under the law. 63 64 SECTION 6. Effective date. This Ordinance shall become effective immediately upon 65 adoption by the City Commission of the City of Boynton Beach, Florida, and shall apply to all 66 existing and future applications for permits. 67 68 69 70 71 72 73 74 75 76 [THIS PORTION OF THE PAGE INTENTIONALLY LEFT BLANK] 77 78 79 80 81 82 83 84 85 86 87 88 89 FIRST READING this day of 2018. 90 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 2 Page 677 of 697 91 SECOND, FINAL READING AND PASSAGE this day of 92 2018. 93 94 CITY OF BOYNTON BEACH, FLORIDA 95 96 YES NO 97 98 Mayor— Steven B. Grant 99 100 Vice Mayor— Christina L. Romelus 101 102 Commissioner—Mack McCray 103 104 Commissioner—Justin Katz 105 1106 Commissioner— joe Gaselle 107 108 109 110 VOTE 111 ATTEST: 112 113 114 115 Judith A. Pyle, CMC 116 City Clerk 117 118 119 (Corporate Seal) 120 121 122 123 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 3 Page 678 of 697 EXHIBIT "A" PART II. CODE OF ORDINANCES CHAPTER 15. OFFENSES - MISCELLANEOUS, ARTICLE I. IN GENERAL. Section 15-8-.1. Same—Purpose and space. It is the purpose of sections 15-8 through 15-8.99 to prevent, prohibit and provide for the abatement of excessive, and unnecessary noise which may injure the health or welfare or degrade the quality of life of the citizens and residents of the City of Boynton Beach. This section shall apply to the control of all sound and noise originating within the limits of this jurisdiction. It is further the intent of this chapter to recognize that factors such as the time of day, location ( proximity to residences), necessity of public projects for the public good, and necessity of sound and noise incidental to allowed uses and activities must be considered in balancing the protection protection of public peace and individual freedoms. Section 15-8.2. Same—Terminology and standards. All terminology used in this section shall be as defined herein, or if not defined, given plain meaning by reference to common dictionary definition. When interpretation is required by reference to a source more definitive than this code or a dictionary, reference shall first be made to publications of the American National Standards Institute (ANSI): A-weighted sound level. The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. Apparent property line. The line along the surface, and its vertical plane extension, which separates one(1)lot or parcel of property from another. Construction. Any site preparation, assembly, erection, substantial repair, alteration or similar action, but excluding demolition, for or on public or private right-of-way, structures, utilities or similar property, and excluding well pointing. Decibel(dB). A unit for dig measuring the amp's volume of sound or noise, equal to twenty (20)times the logarithm to the base ten (10) of the ration of the pressure of the sound or noise measured to the reference pressure, which is twenty (20) micropascals (twenty (20) micro- newtons per square meter). Demolition. Any dismantling,intentional destruction or removal of structures,utilities,public or private right-of-way surfaces or similar property. Emergency. Any occurrence or set of circumstances involving actual or eminent physical trauma or property damage which demands immediate action. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 4 Page 679 of 697 EmeLgencv vehicle. A motor vehicle used in response to a public emergency or to protect persons or property from imminent danger. Emergency work. Any work physieal +,..,,,w,., of pfepefty damage t4featenea of eattsedby an emefgefley. necessary to restore property to a safe condition following a public calamity, work to restore public utilities, or work required to protect person or property from an imminent exposure to danger. Equivalent. The level of a constant sound, which in a given situation and time period, has the same sound energy as does a time varying sound. ThOse a-Blitial holidays desigiiated iii 5 U.S.G. 6103 to itieltide additietial days of a eelebr-ataFy nattwe, fnar-e speeifieally; New Year's Eve, Ginee De Maya and St. Patr-iek's Day. Impulse noise. A discrete noise or series of such noises of short duration (generally less than one (1) second) in which the sound pressure level rises very quickly to a high before decaying to the background level. Examples of sources of Impulse noise,includes explosions and the discharge of firearms. LIO sound level. The sound level exceeded for more than ten (10)percent of a measurement period which for the purposes of sections 15-8 through 15-8.83 shall not be less than ten (10) minutes. LMAX. The maximum A-weighted sound level for a given event. Legal holidays. Those recognized by the City include New Year's Day, Martin Luther King, Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day Thanksgiving_ Day, Day After Thanksgiving, Christmas Eve, and Christmas Day or any other legally recognized holida. zoning e. rhe +;.„® „fany OF B4g + + ® S „a --- ,a +4 o „,a is ee .,+ i .,+ aig+L Maximum sound level. The greatest A- weighted sound level reading obtained when measuring a source of sound during a designated time interval using the fast meter exponential 100241601.3 306-90018211 CODING: Words in +W ham=type are deletions from existing law; Words in underlined type are additions. 5 Page 680 of 697 integration time. A l+o,-.,atiyel y the slow meter- o , +j a ;,,+o..,-.,+; time may Micropascal. The international unit for pressure, analogous to pounds per square inch in English units; 1 microPascal is one millionth of a Pascal; the reference pressure used for airborne sound is 20 microPascals. Motorboat. Any boat or vessel propelled or powered by machinery whether or not such machinery is the principal source of propulsion; including but not limited to boats, barges, amphibious craft, water-ski towing devices,jet skis and hover craft. Motorized equipment. Any self-propelled vehicle, such as, but not limited to,passenger cars, trucks, truck trailers, semi-trailers, campers, motorcycles, mini-bikes, go-carts, gopeds, dune buggies, all-terrain vehicles or racing vehicles which are propelled by mechanical power. Multifamily dwelling. A building or other shelter that has been divided into separate units to house more than one(1) family. Noise. ad- ,et:se p ,ehelegie.,1 physielegieal Off et e i,,,,,,.as For the purposes of this chapter, Noise is any sound that is in violation of any provision of this Chapter. Noise disturbance.Any 1^iid ---1,.,.,Re-^iiR sound or noise,in quantities,which afe-e areplainly audible and may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, or unnecessarily interfere with the enjoyment of life or property, including outdoor recreation of able pet:sen *'' r a � .;* ties. Any plainly audible noise which is so harsh, prolonged, unnatural, or unusual in time or place as to occasion discomfort to any persons within the neighborhood and/or adjacent neighborhood(s) from which said noises emanate, or as to interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to ,,,a..o Ralenegatively affect such residences or places of business. Noise sensitive zone.Existing quiet zones until designated otherwise by a competent authority. Noise sensitive awes zones include but are not limited to operations of schools, libraries open to public, churches, synagogues, mosques, hospitals,residential zones (after 11 p.m.), and nursing homes. Octave Band Sound Level. The unweighted sound pressure level in the specified octave band. Person. Any natural person,individual, association,partnership,of corporation,municipality, governmental a _gency, business trust, estate, trust, two or more persons having a joint or common interest or any other legal entity aifielttdes-including any officer, employee, department,agency, or instrumentality of the United States, a state or any political subdivision of a state or any other entity whatsoever or any combination of such,jointly or severally. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 6 Page 681 of 697 Plainly audible. A sound which is capable of being heard by a human being without the assistance of a mechanical or electronic listening or amplifying device. Powered model vehicle. Any self-propelled airborne, waterborne or landborne plane, vessel or vehicle which is not designated to carry persons,including but not limited to any model airplane, boat, car or rocket. Private rlyht-of-way. Any street, avenue, boulevard, highway, sidewalk, bike path, or alley, or similar place, which is not owned or controlled by a governmental entity. Public right-of-way. Any street, avenue, boulevard, highway, sidewalk or alley or similar place normally accessible to the public which is owned or controlled by a governmental entity. Public space. Any real property or structures thereon normally accessible to the public. Pure tone. Any sound which can be distinctly heard as a single pitch or a set of single pitches. For the purpose of measurement, a pure tone shall exist if the one-third octave band sound pressure level in the band with the tone exceeds the arithmetic average of the sound pressure levels of the two (2) contiguous one-third octave bands by five (5) dB for center frequencies of 500 Hz and above by eight (8) dB for center frequencies between 160 and 400 Hz and by fifteen (15) dB for center frequencies no less than or equal to 115 Hz. Real property line. An imaginary line along the surface,and its vertical plane extension,which separates the real property owned,rented or leased by one person from that owned,rented or leased by another person, excluding intra-building real property divisions. Receiving land use. The land, which is receiving the noise or sound as designated by the CitX of Boynton Beach Zoning Map(and for recently incorporated areas,the effective zoning category). Residential. A parcel of land whose use is designated to provide only permanent housing and excluding all tourist accommodations which includes but is not limited to hotels,motels, apartment hotels, etc. RMS sound pressure. The square root of the time averaged square of the sound pressure. Sound. An oscillation in pressure, stress, particle displacement, particle velocity or other physical parameter, in a medium with internal forces. The description of sound may include any characteristic of such sound including duration, intensity and frequency. Sound disturbance. Any sound or noise which is: (1) Plainly audible beyond a distance of twenty-five (25) feet or further from the apparent property line from which the sound emanates, in a single residential zoning district, or 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 7 Page 682 of 697 (2) Plainly audible in a dwelling unit adjacent to the unit from which the sound emanates or is plainly audible twenty-five (25) feet or further from the apparent property line from which the sound emanates in multi-family residential zoning districts. (3) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a commercial zoning district and is heard in a residential zoning district. (4) Plainly audible beyond a distance of one hundred (100) feet or further from the apparent property line from which the sound emanates when the sound emanates in a public use zoning district and is heard in a residential zoning district. For purpose of enforcement ,it is not necessary to specifically identify the property line as would be depicted on a survey, rather an approximation of the property line may be used taking into consideration physical landmarks such as fences,landscaping, setbacks, driveways, or ground treatment. Sound level. The weighted sound pressure level obtained by the use of a metering characteristic and weighting A, B, or C as specified in American National Standards Institute specification for sound level meters,ANSI S 1.4-1971, or in successor publications. If the weighing employed is not indicated, the A-weighting shall apply. Sound level meter. An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter and weighing networks used to measure sound pressure levels. The output meter reads sound pressure levels when properly calibrated, and the instrument is of Type 2 or better, as specified in the American National Standards Institute Publication 51.4- 1971, or is successor publications. Sound pressure. The instantaneous difference between the actual pressure and the average or barometric pressure at a given point in space, as produced by the presence of sound energy. Sound pressure level. Twenty (20) times the logarithm to the base ten (10) of the ratio of the RMS sound pressure to the reference pressure of twenty (20) micropascals (2 x 106N/m2). The sound pressure level is denoted Lp or SPL and is expressed in decibels. Use. Any activity, event, operation or facility which creates noise. Weekday. Any Sttaday Monday through sda-y Friday (at 6 p.m.) which is not a Legal holiday as defined herein. Weekend. Any F-fiday Saturday or Satttf:day Sunday (until 8 p.m.). Section 15-8.3— Same—Program Administration. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 8 Page 683 of 697 (a) The noise and sound control program established by sections 15-8 through 15-8.-99shall be administered by the city manager, or his/her designee, of the City of Boynton Beach, Florida. (b) For the purposes of section 15-8.-89and its enforcement, municipal employees or officials engaged in the measurement of noise or sound, assessing compliance with such sections, making recommendations for noise and sound abatement, issuing noise and sound violations citations, or giving evidence regarding noise and/or sound violations shall have received fformalized�[isil training on these subjects from institutions or organizations of recognized ability and experience in environmental acoustics and noise and sound control. Section 15-8.4. Same—Inspections. Upon presentation of proper credentials, the city manager or his/her designee, may enter and/or inspect any private property, place, report or records at any time when granted permission by the owner, or some other person with apparent authority to act for the owner. When permission is refused or cannot be obtained, a search warrant may be obtained from a court of competent jurisdiction upon showing of probable cause to believe that a violation of sections 15-8 through 15-8.8.9 may exist. Such inspection may include administration of any necessary tests. Section 15-8.5. Sound and noise Heise control—Prohibited acts. No person shall make, continue or cause to be made any noise or sound disturbance. The making of noise or sound in violation of this chapter shall constitute prima facie evidence of a noise and/or sound disturbance. (a) Sound or noise Xqise disturbances prohibited. No person shall unnecessarily make, continue or cause to be made or continued any sound or noise disturbances. (b) Specific prohibitions. The following acts, which enumeration shall not be deemed to be exclusive, and the causing or permitting thereof in such a manner as to create a noise or sound disturbance across a residential or commercial real property line, or within a noise sensitive zone, or at any time in violation of the provisions of section 15-8.8, are hereby declared to be a violation: (1) Radios,television sets, and similaf deviees. Opefating,playing or-pet=M44ing t4e o;fl,o,. M-e-eh.,,,ieal y of ole,.*,.efii a4, The playing, using, operating or permitting to be played, used or operated, any radio,phonograph or musical instrument, or other machine or device for the producing or reproducing of sound in such a manner or with such volume, that is plainly audible to any person other than the player(s) or operator(s) of the device, and those who are voluntarily listening to the sound, and is plainly audible from a public street, the adjacent lot nearest to the source, or at a distance of twenty-five (25) feet or more, particularly during the hours between 11:00 p.m. and 7:00 a.m. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 9 Page 684 of 697 (2) Loudspeakers. Using or operating for any purpose other than those activities specifically exempted in section 15-8.6(4)below, any loudspeaker, loudspeaker system or similar device, including sound emitting devices which may be physically attached to any motor vehicle. (3) Street sales. Offering for sale, selling or advertising for sale by shouting or outcry, anything within any area of the city. (4) Animals. Owning, possessing or harboring any animal, Of bird or fowl which persistently "" "f" eetititittea "t:at' howls, barks, meows, squawks, bays, cries or otherwise makes noises or sounds which create a noise or sound disturbance or is plainly audible from a public street, and/or from a distance of twenty-five (25) feet and/or from the adjacent lot nearest to the building, structure, or yard in which the animal, bird or fowl is located. A person is responsible for an animal, bird or fowl if the person owns, controls, or otherwise cares for the animal, bird or fowl. It shall be an affirmative defense to any charge hereunder that such animal, bird or fowl was emitting such noise in response to an intrusion upon the premises by any person. (5) Loading or unloading. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects in such a manner as to cause a noise or sound disturbance. (6) Construction. Operating or causing the operation of any tools or equipment used in construction, drilling, excavation, clearing, repair, alteration or demolition work on weekdays during the times specified in section 15-8.8, or at any time during Sundays or legal holidays. (7) Fixed mechanical equipment. Operating or causing the operation of fixed mechanical equipment located on real property including HVAC equipment, motors, engines, pumps, compressors, fans, tools, machinery, and its component parts, or any other similar stationary mechanical devices and their component parts except as otherwise exempted in section 15-8.6(6). (8) Motorboats. Operating or causing the operation of a motorboat in such a manner as to cause a noise or sound disturbance. (9) Yelling, shouting, hooting, whistling, singing, and other vocal sounds in excess of a normal conversational level, any of which occurs between the hours of 11:00 p.m. and 7:00 a.m., so as to create a plainly audible sound across a residential real property line or on a public right-of-way or public property, or that is plainly audible to an occupant of a dwelling unit within a building other than an occupant of the unit from which the sound emanates, that can be heard from a distance of twenty-five (25) feet or more from the source, particularly in noise-sensitive zones. This section is to be aplied only to those situations where the disturbance is not a result of the content of the communication but due to the volume, duration,location, timing or other factors not based on content. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 10 Page 685 of 697 (10) The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in such a manner as to cause loud grating, grinding, rattling or other noise that is plainly audible from a distance of twenty-five(25) feet or more. (11) Operating or permitting the operation of powered model vehicles, either airborne, waterborne, or landborne, which are designed not to carry_persons or property, such as, but not limited to, model airplanes, boats, cars, rockets, and which are being�propelled by mechanical means, within a public recreation area or park other than those areas specifically designated for such purpose by the city commission. (12) The creation of any sound or noise on any street adjacent to a noise sensitive zone, where those entities defined herein as being part of a noise sensitive zone are in operation, which is plainly audible within the entity, from a distance of twenty-five (25) feet from the noise or sound, and interferes with the operation of the entity,provided conspicuous signs are displayed in such streets indicating that the same is a school, hospital or court street. (13) The sounding _of any horn or signaling warning,device, except as a danger warning, for any unnecessary or an excessive period of time or the reasonable use of any horn or signaling device, in such a manner as to cause a noise or sound disturbance. (14) The creation or permitting _of any any loud or raucous noise or sound so as to disturb the peace, quiet or comfort of a residence within the immediate or adjacent neighborhood. (15) Vibration. The creation or permitting of any sound or noise that produces a ground vibration, noticeable, without instruments, at the lot lines of the property from which the sound or noise emanates, provided there shall be excepted from the provisions of this subsection the use of pile drivers, back hoes, tampers, ditch diggers, bobcats, road graders, rollers and like equipment used in standard construction between the hours of 7:30 a.m. to 6:00 p.m. of any day_ (c) Generators exemption. Notwithstanding the foregoing prohibited acts, the use of gasoline or propane powered generators is permitted during periods of power outage following natural disasters and during periods of maintenance. Operation for purposes of maintenance of the generator shall only occur during daylight hours on weekdays and only for the minimum amount of time required by the manufacturer. Any person using a generator, except during periods of power outage , is subject to the restrictions on noise generation as otherwise set forth in this chapter. Section 15-8.6. Same—Exemptions The following acts and the causing or permitting thereof shall be specifically exempted from the prohibitions of section 15-8.5 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 11 Page 686 of 697 (1) Motor vehicles. Operating motor vehicle noise enforcement procedures shall be as established in Chapter 316,Florida Statutes, and applicable rules and regulations of the Department of Highway Safety and Motor Vehicles, provided however, that this exemption shall not apply to any sound emitting devices which may be attached to any motor vehicle as prohibited by section 15-8.5(b)(2). (2) Aircraft and interstate railway and locomotives and cars. Noise or sound generated by aircraft and interstate railway locomotives and cars are exempt from these provisions. (3) Emergency activities. Any noise or sound generated as a result of emergency work or for the purpose of alerting the public to the existence of an emergency situation. (4) Public speaking and assembly. Any noise or sound generated by any noncommercial public speaking or public assembly activities conducted pursuant to lawful authority on any public space or right-of-way, including sporting events. (5) Domestic power tools and lawn maintenance equipment. Any noise or sound generated by the operation and use of domestic power tools and lawn maintenance equipment. (6) Fixed mechanical equipment, noise or sound generated by the operation and use of air conditioning units in residential districts. (7) Nonamplified solo musical instrument played by an individual within a private residence between the hours of 9:00 a.m. and 8:30 p.m. (8) Construction. The foregoing provisions of Section 15-8.5(a), (b) and subparagraph (6) of this section shall not apply to any municipal, county or state public works, emergency matters or matters having an effect on the public health, safety and welfare of the city in those zoning districts of mixed-use, commercial and industrial, and where the noise or sound disturbance across a residential property line would not exceed those sound and noise limits set forth in section 15-8.8 of this Articlel[is2]. (9) Any vehicle of the city while engaged in necessaly public business. (10)Noises and sounds of authorized safety signals and warning devices. (11)Noises and sounds resulting from emergency work, which is to be construed as work made necessary to restore property and/or utilities to a safe condition following a public emergency, or work required to protect persons or property from any imminent exposure to danger. This exemption includes noises from emergency communications and utility work following a public calamity and in connection with restoration of service operations. (12)Noises and sounds resulting from community events, including but not limited to, fairs, sporting events, school activities, community festivals, etc. iccccrthat c-the eycrrracc�--Fuca 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 12 Page 687 of 697 Section 15-8.7. Same—Penalty for violation. Any person, firm or corporation convicted in a court of competent jurisdiction of a violation of sections 15-8 through 15-8.84 shall be guilty of a misdemeanor of the second degree,punishable by a fine and/or incarceration as provided by law. The City of Boynton Beach Code Compliance Board shall have the authority and jurisdiction to prosecute such offenses. Eachcomplaint of said violation eeshall be a separate offense. Section 15-8.8. Same— Sound levels by receiving land use. (a) Sound and noise limits established. No person shall operate or cause to be operated any source of sound or noise as enumerated in section 15-8.5(b), and unless specifically exempted by section 15-8.6,in such a manner as to create a sound or noise disturbance or an exterior or interior sound level of any origin which exceeds the limits set forth for the receiving land use category in question for than ten (10) percent of any measurement period which shall not be less than ten (10) minutes when measured at or within the boundaries of a property or within the confines of a building within the receiving land use and as a result of a source of sound being located on some other property. (b) LIO noise and sound level limits. Permissible noise and sound levels for noises or sounds transmitted to receiving land use areas shall not exceed the following limits for L10 sound or noise levels as defined herein. For the purpose of these sound and noise control provisions, such sound or noise levels shall be determined using FAST meter responses: Receiving Land Emanating Land Category Time Level Limit Use Use L10 Sound Residential Exterior Sun. — Thurs. 60 (dB)A 7:00 a.m.— 11:00 p.m. L10 Sound Residential Exterior Fri. & Sat. and 55 (dB)A Holidays 11:00 p.m. to 7.00 a.m. L10 Sound Residential Exterior Sun. — Thurs. 55 (dB)A 12:00 a.m.—7:00 a.m. L10 Sound Commercial Exterior At All Times 65 dB A L10 Sound Residential Interior Sun. — Thurs. 50 (dB)A 7:00 a.m to 11:00 m. L10 Sound Residential Interior Fri. & Sat. and 50 (dB)A Holidays 7:00 a.m. — 12:00 a.m. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 13 Page 688 of 697 L10 Sound Residential Interior Sun. — Thurs. 45 (dB)A 12:00 a.m. to 7:00 a.m. L10 Sound Commercial Interior At All Times 55 dB A (c) Maximum sound and noise level limits. The maximum sound and noise level from any applicable sound and noise sources shall not exceed the L10 sound and noise level limits by more than the values listed below: 10 (dB) from 7:00 p.m. to 11:00 p.m. 5 (dB) from 11:00 p.m. to 7:00 a.m. (d) Pure tone and impulse noise or sound. For any source of sound or noise which emits a pure tone or an impulse noise or sound, as defined herein, the sound or noise level limits for L10 and maximum sound or noise levels shall be reduced by five (5) (dB)A. (e) District Boundaries.When a noise or sound source can be identified and its noise or sound can be measured in more than one land use designation, the pressure level limits of the most restrictive use district shall aply at that designation boundary_ (f) The burden shall be on any person contesting the equivalent sound levels to establish the actual equivalent sound or noise level by clear and convincing evidence. Section 15-8.9 Same—Measurement of Noise and Sound In determining whether a violation of this article has occurred, the complaint of noise shall be measured by the code enforcement division or police department according to the following plainly audible standard: (1) The primary means of measurement shall be by ordinary, auditory senses of a reasonable person with normal sensitivities, so long as any mechanical device does not enhance their hearing, such as a microphone or hearing aid. (2) The measurement shall be taken on, or as near as possible to the real property line of the property upon which the sound or noise source is located, and in any event from a location not less than twenty-five (25) feet from the source measured in a straight line. (3) When aplicable, sound and noise shall be measured with a sound level meter. The sound or noise level shall be measured at a distance no closer to the point from which the sound or noise in question is emanating than the property line of the parcel or lot from which the sound or noise is emanating or through partitions common to two (2) parties within a building. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 14 Page 689 of 697 (4) A measurement period shall not be less than ten (10) minutes in duration. The sound or noise beim measured shall be representative of the sound or noise which instigated the complaint. (5) A measurement shall be recorded so as to secure and ensure an accurate representation of the sound or noise. (6) A measurement should be taken at aproximately five (5) feet above the ground or water surface away from any obstruction or reflecting surface. (7) When necessary, a microphone windscreen shall be required to avoid wind noise biasing of a measurement. (8) All manufacturers' directions on the operation of the sound level meter shall be followed (e.g.,proper microphone angle). (9) All sound level meters used for measurement shall be in conformance with ANSI section 1.4-1983, as amended. (10)A11 octave and third octave band filter sets of the sound level meter shall be in conformance with ANSI section 1.11-1976, as amended. (11)Instrumentation for sound level measurements may be class 1 or class 2 (ANSI section 1.4-1971), as amended. (12)Measurements of sound and noise shall be made by individuals trained in a noise or sound measurement program_ approved by the county or other training_ facility. acility. 100241601.3 306-90018211 CODING: Words intf ham=type are deletions from existing law; Words in underlined type are additions. 15 Page 690 of 697 13.A. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Annual evaluation of City Manager by City Commission - December 4, 2018 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 691 of 697 13.B. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Discussion of Quantum Park Overlay Dependent District- December 4, 2018. 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 692 of 697 13.C. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 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 693 of 697 13.D. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 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 694 of 697 13.E. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: The City Commission has cancelled the Commission Meeting that would normally be held on Tuesday, January 1, 2019. - 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 695 of 697 13.F. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Mayor Grant requested discussion on the future of the Kapok trees scheduled to be taken down for Town Square project- TBD 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 696 of 697 13.G. FUTURE AGENDA ITEMS 11/20/2018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 11/20/2018 REQUESTED ACTION BY COMMISSION: Discuss a prohibition for appointed and Elected Officials in the City of Boynton Beach from serving as paid lobbyist subsequent to their time on their board or the Commission - TBD 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 697 of 697