Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Agenda 04-21-20
The City of Boynton Beach City Commission Agenda Tuesday, April 21 , 2020, 5:30 PM GoToWebinar Online Meeting Boynton Beach City Commission Mayor Steven B. Grant (At Large) Vice Mayor Justin Katz (District 1) Commissioner Woodrow L. Hay (District 11) Commissioner Christina L. Romelus (District III) Commissioner Ty Penserga (District IV) Lori LaVerriere, City Manager James Cherof, City Attorney Crystal Gibson, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. C www.boynton-beach.org Page 1 of 863 Welcome Thank you for attending the City Commission Meeting General Rules & Procedures for Public Participation at City of Boynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which determines the order of business conducted at the meeting. The City Commission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a majority of the Commission has first consented to the presentation for consideration and action. • Consent Agenda Items: These are items which the Commission does not need to discuss individually and which are voted on as a group. • Regular Agenda Items: These are items which the Commission will discuss individually in the order listed on the agenda. • Voice Vote: A voice vote by the Commission indicates approval of the agenda item. This can be by either a regular voice vote with "Ayes& Nays" or by a roll call vote. Speaking at Commission Meetings: The public is encouraged to offer comment to the Commission at their meetings during Public Hearings, Public Audience, and on any regular agenda item, as hereinafter described. City Commission meetings are business meetings and, as such, the Commission retains the right to impose time limits on the discussion on an issue. • Public Hearings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." • Public Audience: Any citizen may be heard concerning any matter within the scope of the jurisdiction of the Commission - Time Limit- Three (3) Minutes. Regular Agenda Items: Any citizen may speak on any official agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exception of Consent Agenda Items that have not been pulled for separate vote, reports, and presentations. - Time Limit- Three (3) Minutes. Due to the COVI D-19 public health emergency and in accordance with Governor DeSantis's Emergency Orders, the City of Boynton Beach has temporarily suspended in-person public meetings. The City requests that all citizens follow the safe at home guidance provided by the State, the County, and the Federal Government. The City of Boynton Beach encourages interested parties to attend and participate in public meetings via communications media technology online. To view and/or participate in the City Commission meeting on April 21, 2020, which begins at 5:30 p.m., you have the following options: 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment prior to the meeting: You may watch the meeting as listed above and provide written comments by emailing citymanager@bbfl.us by Noon on April 20, 2020 or calling (561) 742-6006 and leaving a message on the public comment hotline. Messages left on the hotline will be transcribed. Please include your full name and the specific agenda item Page 2 of 863 number(s)for your comments. Comments received by the deadline will be read into the record. Please note that time limits will be enforced so written comments must be limited to no more than 3 minutes. 3. Watch the meeting online and provide public comment during the meeting: To request to speak during the meeting, you can electronically "raise your hand" or type a question using the GoToWebinar platform. The meeting moderator will announce when it is your turn to speak or have your question addressed. Please note that time limits will be enforced so comments must be limited to no more than 3 minutes. For additional information or for special assistance prior to the meeting, please contact Crystal Gibson, City Clerk, at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 863 1. Openings A. Call to Order - Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Roll Call B. Proposed Ordinance No. 20-009 - Approve Emergency Ordinance No. 20-009 renewing and e)dending Emergency Ordinance No. 20-008 of the City of Boynton Beach, Florida, authorizing the City Manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. C. Accept the Official Election Results from the March 17, 2020 Municipal Election Selection of Vice Mayor Swearing In of Vice Mayor Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption D. Recess the City Commission Meeting for the CRA Board Special Meeting. E. Reconvene the City Commission Meeting. 2. Other A. Informational items by Members of the City Commission 3. Announcements, Community And Special Events And Presentations A. Senator Lori Berman and Representative Joseph Casello will provide an update on the recent legislative sessions. B. Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. 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. Proposed Resolution No. R20-025-Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. B. Proposed Resolution No. R20-026-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). C. Proposed Resolution No. R20-027-Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Page 4 of 863 D. Proposed Resolution No. R20-028-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). E. Appoint eligible members of the community to serve in vacant positions on City advisory boards. 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. Approve Task Order UT-2D-03 with Calvin Giordano and Associates, in the amount of $82,126.69 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to provide professional engineering design services for the drainage improvements and road rehabilitation of Industrial Way. B. Proposed Resolution No. R20-029- Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Dorian between the City of Boynton Beach and State of Florida, Division of Emergency Management. C. Approve of top ranked qualifier as determined by the Evaluation Committee from the submissions received in response to the Request for Qualifications 008-2821-20/TP - INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES and authorize City Staff to conduct negotiations for compensation with the recommended qualifier according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act(CCNA). D. Approve the purchase of ten thousand (10,000) KN95 masks from Galls Inc. via an emergency purchase order authorized by the City Manager to equip our firefighters and police officers, along with other emergency personnel, for the COVID-19 pandemic. The purchase order totaled $50,000. The order is scheduled to ship 4-25-20. E. Proposed Resolution No. R20-030- Authorize the City Manager to sign a State Grant Agreement with the Florida Department of Health (FDOH) for the purchase and installation of fluoride storage and feed equipment at the City's East Water Treatment facility for a reimbursement amount of up to $213,137.50. F. Legal expenses for March 2020 provided at the request of the City Commission. No action required. G. Accept surtax capital project status and C I P amendment report for the 2nd quarter of fiscal year 2019-20 (January through March 2020). H. Approve minutes from the City Commission meeting on March 18, 2020. 7. CONSENT BIDS AND PURCHASES OVER $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for April 07, 2020 - "Request for Extensions and/or Piggybacks. B. Approve issuance of a purchase order to Beltmann Group, Inc. in the amount of $90,000.00 to provide relocation services for various departments from their current temporary locations back to their permanent location in Town Square, Police Department, and the Cultural Center in accordance with RFP No. 015-1210-18/IT, "Municipal Complex Relocation". C. Award task order F-19-2020 Fire Station #2 and #4 Kitchen Renovations, part of Bid No. 018- 2511-18/IT for Minor Construction Services, and authorize the issuance of a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of $110,800. Page 5 of 863 D. Proposed Resolution No. R20-031 - Approve an expenditure request as a result of RFP No. 021-2210-19/IT, installation of vehicle exhaust extraction systems with Rossman Enterprises DBA Clean Air Concepts, for Fire Station 1 at a cost of $59,041.00 and future station costs, including the installation and modifications at Fire Station 2, Fire Station 3, Fire Station 4, and Fire Station 5, for an estimated cost of $186,060.00, a 10% contingency fee of $18,606.00, not to exceed a cumulative total of$204,666.00. E. Approve Task Order UC-01-2020 with McKim& Creed in the sum of$221,392 in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. F. Approve the purchase of 210 RV55 Sierra Modems and Antennae from Express Radio, Inc through a piggyback of the Broward Sheriff's Office Contract 12-29077/JHJ for a total price of $183,960. The Broward Sheriff's Office Contract meets or exceeds the requirements of the City's procurement policy. G. Authorize the purchase of library furniture, shelving and signage through R. George Associates in the amount of$164,997.59. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) B. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) C. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (This agenda item has been continued to the May 5, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District(This agenda item has been continued to the May 5, 2020 Commission Meeting.) D. Approve request for Conditional Use and Major Site Plan Modification (COUS 20-002 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (This agenda item has been continued to the May 5, 2020 Commission Meeting.) E. Proposed Ordinance No. 20-007- Second Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and extending the time certain for the completion of projects described in the Community Redevelopment Plan. 9. City Manager's Report Page 6 of 863 A. Approve the Boynton Beach COVID-19 Small Business Relief Grant Program and allocate $60,000 ($42,000 remaining in the Commercial Grant Program and $18,000 from Community Enrichment Funds) to provide direct financial relief, to small businesses located within the City of Boynton Beach. 10. Unfinished Business - None 11. New Business A. Short presentation and discussion by utility staff regarding Septic Tank Inspections. B. Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. C. Proposed Resolution No. R20-033- Authorize issuance of a not to exceed $43 million principal amount of Taxable Utility System Refunding Bond, Series 2020A in order to refund a portion of the City's Utility System Revenue Bonds, Series 2012 and not to exceed $11 million principal amount of Tax Exempt Utility System Refunding Bond, Series 2020B in order to refund all of the City's Utility System Revenue Bond, Series 2018 D. Discussion concerning adding gender neutral signage to available single occupancy restrooms within the City. 12. Legal A. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. 13. Future Agenda Items A. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - May 5, 2020 B. Staff and the Town Square Development team (E2L Solutions and JKM Developers) will present an update to the Commission on the Town Square Project- May 5, 2020. C. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - May 5, 2020 D. Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. Extension Project for $500K. - May 19, 2020. E. Provide update on potential sale of the Nichol's property to Pulte Homes- TBD F. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance - TBD G. Request by Mayor Grant to discuss Wellington's home based business regulations. - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Page 7 of 863 Additional agenda items may be added subsequent to the publication ofteh agenda on the city's web site.lnfortrntion regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 8 of 863 1.A. OPENING ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Call to Order- Mayor Steven B. Grant I nvocation Pledge of Allegiance to the Flag led by Commissioner Christina L. Romelus Roll Call 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 9 of 863 1.B. OPENING ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Ordinance No. 20-009-Approve Emergency Ordinance No. 20-009 renewing and extending Emergency Ordinance No. 20-008 of the City of Boynton Beach, Florida, authorizing the City Manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. Explanation of Request: City Commission Emergency Ordinance 20-008 expires by its terms and requires renewal. This ordinance accomplishes that purposes and expands upon the responsibilities of the City Manager. It also clarifies the use of Communication Media Technology (CMT) for public meetings. How will this affect city programs or services? Adoption of this Ordinance will facilitate public participation at public meetings and expedite changes needed in response to the COVID-19 pandemic. Fiscal Impact: None Alternatives: None proposed. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 10 of 863 ATTACHMENTS: Type Description D Ordinance Ordinance renewing and extending Emergency Ordinance 20-008 D Ordinance Emergency Ordinance No, 20-008 Page 11 of 863 I EMERGENCY ORDINANCE. 20- 2 AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON 3 BEACH, FLORIDA, RENEWING AND EXTENDING 4 EMERGENCY ORDINANCE 20-008; AUTHORIZING ALL 5 CITY PUBLIC MEETINGS TO BE CONDUCTED BY 6 COMMUNICATION MEDIA TECHNOLOGY (CMT); 7 AUTHORIZING THE CITY MANAGER TO ISSUE 8 EMERGENCY ORDERS OR DIRECTIVES OR 9 DECLARATIONS THAT CONFORM WITH FEDERAL,STATE, 10 OR COUNTY ORDERS, DIRECTIVES, OR DECLARATIONS; 11 PROVIDING FOR AUTOMATIC DELAY OF FINALITY OF 12 CITY COMMISSION ACTION PENDING POST COMMISSION 13 MEETING PUBLIC COMMENTS; PROVIDING AN 14 EFFECTIVE DATE 15 16 WHEREAS, on March 18, 2020 the City Commission adopted Emergency Ordinance 17 20-008 authorizing the City Manager to make provisions for electronic attendance by elected 18 and appointed officials at city meetings during periods of a declared public health emergency 19 and providing for public participation by telephone or electronic means and providing for 20 automatic delay of finality of official action pending public comments received; and 21 WHEREAS, Emergency Ordinance 20-008 was effective until April 20, 2020 unless 22 further extended by the City Commission; and 23 WHEREAS, the Governor of the State of Florida has issued Executive Order number 24 20-52 declaring that a state of emergency exists in Florida and granting broad powers to local 25 governments to suspend the application of statues,rules, ordinances, and orders they administer 26 and to waive the procedures and formalities otherwise required by law to ensure the health, 27 safety, and welfare of the community; and 28 WHEREAS, on March 11, 2020 the World Health Organization declared the COVID- 29 19 outbreak a global pandemic; and 100369978.1 306-90018211 1 S:\CA\Ordinances\Emergency Ordinance#2(00369978xC4B6A).docx Page 12 of 863 30 WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has 31 deemed it necessary to prohibit or restrict non-essential travel to or from certain countries of 32 concern; and 33 WHEREAS, it is in the best interest of the citizens and residents of the City to extend 34 immediately, on a temporary basis, emergency rules concerning attendance at and participation 35 in public meetings due to the public health threat resulting from the spread of COVID-19; and 36 WHEREAS, the City Commission finds that it is in the best interest of the personnel 37 and citizens of the City to authorize the use of communication media technology (CMT) to 38 conduct public meetings; extend the authorization of the City Manager to provide, when the 39 City Manager determines appropriate, for the City Commission and members of the various 40 Boards and Committees to be able to attend meetings electronically during a declared public 41 health emergency, and authorize the City Manager to issue emergency orders, declarations and 42 directives that conform to Federal, State and Palm Beach County. 43 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 44 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 45 Section 1. The above referenced whereas clauses are incorporated herein by 46 reference. 47 Section 2. Emergency Ordinance 20-008 is amended to extend the duration thru and 48 including June 17, 2020, unless further extended by the City Commission. 49 Section 3. The City Commission authorizes that all City public meetings may be 50 conducted by Communication Media Technology (CMT) provided the CMT conforms to 51 standards that meet or exceed the standards set forth in Chapter 109.001,Florida Administrative 52 Code. As provided in Florida Statute 120.54(5)(b)2, Communication Media Technology means 100369978.1 306-90018211 2 S:\CA\Ordinances\Emergency Ordinance#2(00369978xC4B6A).docx Page 13 of 863 53 the electronic transmission of printed matter, audio, full-motion video, freeze-frame video, 54 compressed video, and digital video by any means available. 55 Section 4. The City Manager is authorized to issue emergency orders, directives, 56 and declarations she deems necessary to assure public safety or for expedient and efficient 57 administration of City services,provided those orders, directives, or declarations conform to or 58 are consistent with the Federal, State, or Palm Beach County emergency orders, directives, or 59 declarations. 60 Section 5. This emergency ordinance shall become effective immediately upon its 61 passage and adoption. 62 Section 6. This Emergency Ordinance shall not be codified. 63 Passed and adopted as an Emergency Ordinance this 21st day of April, 2020. 64 CITY OF BOYNTON BEACH, FLORIDA 65 YES NO 66 67 Mayor— Steven B. Grant 68 69 Commissioner—Justin Katz 70 71 Commissioner—Woodrow L. Hay 72 73 Commissioner— Christina L. Romelus 74 75 Commissioner— Ty Penserga 76 77 VOTE 78 Attest: 79 80 81 82 83 Crystal Gibson, MMC 84 City Clerk 85 86 87 88 (Corporate Seal) 89 100369978.1 306-90018211 3 S:\CA\Ordinances\Emergency Ordinance#2(00369978xC4B6A).docx Page 14 of 863 I EMERGENCY ORDINANCE. 20- 2 AN EMERGENCY ORDINANCE OF THE CITY OF 3 BOYNTON BEACH, FLORIDA, AUTHORIZING THE 4 CITY MANAGER TO MAKE PROVISIONS FOR 5 ELECTRONIC ATTENDANCE BY ELECTED AND 6 APPOINTED OFFICIALS AT CITY MEETINGS DURING 7 PERIODS OF A DECLARED PUBLIC HEALTH 8 EMERGENCY; PROVIDING FOR PUBLIC 9 PARTICIPATION BY TELEPHONIC OR ELECTRONIC 10 MEANS; PROVIDING FOR AUTOMATIC DELAY OF 11 FINALITY OF OFFICIAL ACTION PENDING PUBLIC 12 COMMENTS; AND, PROVIDING AN EFFECTIVE 13 DATE 14 15 WHEREAS, Florida law, including Florida Statutes concerning public meetings and 16 the rights of the public to participate in public meetings, including but not limited to Sections 17 286.011, 286.0114, and 166.041, requires that meetings of elected and appointed officials 18 follow procedures that ensure that the public is able to participate in and be aware of the 19 decision making process (the"sunshine law"); and 20 WHEREAS, the Governor of the State of Florida has issued Executive Order number 21 20-52 declaring that a state of emergency exists in Florida and granting broad powers to local 22 governments to suspend the application of statues, rules, ordinances, and orders they administer 23 and to waive the procedures and formalities otherwise required by law to ensure the health, 24 safety, and welfare of the community; and 25 WHEREAS, on March 11, 2020 the World Health Organization declared the COVID- 26 19 outbreak a global pandemic; and 1 {00364173.5 306-9001821} Page 15 of 863 27 WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has 28 deemed it necessary to prohibit or restrict non-essential travel to or from certain countries of 29 concern; and 30 WHEREAS, it is the innate responsibility of the governing body of each political 31 subdivision of the State of Florida to safeguard the life and property of its residents, employees, 32 and invitees; and 33 WHEREAS, it is in the best interest of the citizens and residents of the City to 34 immediately implement, on a temporary basis, emergency rules concerning attendance at and 35 participation in public meetings due to the public health threat resulting from the spread of 36 COVID-19; and 37 WHEREAS, the City Commission finds that it is in the best interest of the personnel 38 and citizens of the City to authorize the City Manager to provide, when the City Manager 39 determines appropriate, for the City Commission and members of the various Boards and 40 Committees to be able to attend meetings electronically during a declared public health 41 emergency. 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 44 Section 1. The above referenced whereas clauses are incorporated herein by 45 reference. 46 Section 2. The City Manager and City Clerk are hereby authorized to: 2 {00364173.5 306-9001821} Page 16 of 863 47 a) Coordinate the ability of the City Commission, Boards, and Committees to meet 48 electronically without the physical presence of a quorum of the City Commission, 49 Boards or Committees; and 50 b) Bar or limit, in the exclusive administrative authority of the City Manager, the 51 physical attendance of the public at City Commission, Board, and Committee 52 meetings provided that no action of the City Commission, Board or Committee 53 taken at such meeting shall be deemed final until: 54 1. The complete recording of the City Commission, Board, or Committee 55 meeting is posted on the City web site for no less than thirty-six (36) hours, 56 and 57 2. Members of the public are given forty-eight(48)hours from the first posting 58 of the recording of the meeting to post or communicate by telephonic, 59 electronic or other written comments on any agenda item,including the right 60 to make public comments. 61 c) No action taken by the City Commission, Board or Committee at a meeting from 62 which the public is barred or limited will be deemed final until: 63 1. If no public comments have been submitted to the City within the forty- 64 eight(48) hour open comment period referenced in Section 2.b.2.; or 65 2. If public comments have been submitted within the forty-eight (48) hours 66 open comment period referenced in Section 2.b.2. The City Commission, 67 Board or Committee has been provided with the record of public comments 68 and ratifies its action on the agenda item at its next meeting. 3 {00364173.5 306-9001821} Page 17 of 863 69 3. This Ordinance is not intended to revoke or amend other emergency 70 ordinances in effect at time of adoption of this Ordinance nor to limit any 71 additional emergency ordinance or resolution adopted by the City 72 Commission or by the City Manager to address the COVID-19 public health 73 crisis. 74 d) The City Manager, City Clerk, and City Information Technology Department shall 75 implement the technology and administrative support as necessary to fulfill these 76 objectives and to maintain a record of all public comments submitted to the City as 77 provided herein. The posting of the recording of the public meetings referenced 78 herein shall contain a banner notifying the public of the time and date the recording 79 is first posted and the deadline for submission of public comments. A dedicated 80 phone number and dedicated email address shall be included in the banner to notify 81 the public where to call to leave a telephonic public comment or where to email 82 public comment. All telephonic comments shall be transcribed verbatim by the City 83 Clerk or the Clerk's designee(s). 84 e) The City Clerk shall include all public comments timely submitted to the City Clerk 85 as provided herein in the official minutes of the meeting from which the public was 86 barred. 87 f) The City Manager, as the City's chief administrative officer,is granted the authority, 88 based on evolving Federal or State guidance or information obtained after the 89 enactment of this Ordinance, to limit or bar attendance at public meetings, on a 90 meeting by meeting basis. The City Manager shall provide a written report to the 4 {00364173.5 306-9001821} Page 18 of 863 91 City Commission and the City Clerk of all implemented limitations on public 92 attendance at any meeting. 93 Section 3. This emergency ordinance shall become effective immediately upon its 94 passage and adoption but shall sunset on April 20, 2020, unless further extended by the City 95 Commission. 96 Section 4. This Emergency Ordinance shall not be codified. 97 Passed and adopted as an Emergency Ordinance this day of March, 98 2020. 99 100 CITY OF BOYNTON BEACH, FLORIDA 101 102 YES NO 103 104 Mayor— Steven B. Grant 105 106 Vice Mayor—Justin Katz 107 108 Commissioner—Mack McCray 109 110 Commissioner—Christina L. Romelus 111 112 Commissioner—Ty Penserga 113 114 VOTE 115 Attest: 116 117 118 119 120 Crystal Gibson, MMC 121 City Clerk 122 123 124 125 (Corporate Seal) 126 5 {00364173.5 306-9001821} Page 19 of 863 1.C. OPENING ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Accept the Official Election Results from the March 17, 2020 Municipal Election Selection of Vice Mayor Swearing In of Vice Mayor Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 20 of 863 1.D. OPENING ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Recess the City Commission Meeting for the CRA Board Special Meeting. 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 21 of 863 1.E. OPENING ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Reconvene the City Commission Meeting. 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 22 of 863 2.A. OTHER 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 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 23 of 863 3.A. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Senator Lori Berman and Representative Joseph Casello will provide an update on the recent legislative sessions. 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 24 of 863 3.B. ANNOUNCEMENTS, COMMUNITYAND SPECIAL EVENTS AND PRESENTATIONS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Quarterly update by Laura Lansburgh, Marketing Manager, about the City's Census Marketing Efforts over the past quarter. Explanation of Request: 2020 Census Day was April 1, 2020. A City Team has been working diligently to create awareness of the Census. Laura Lansburgh, Marketing Manager, will update and inform the Commission and the community about the City's Census outreach efforts over the past quarter. How will this affect city programs or services? Every decade, the U.S. Census Bureau counts America's population and uses the data to distribute $675 billion of federal funding to states and communities each year. It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year in city services over a ten year period. Fiscal Impact: Budgeted 2020 Census expenses are included in the FY19-20 budget. Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: It is estimated that for every individual counted in the 2020 Census, the City will receive $1,600 per person per year in payment for services over a ten year period. Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 25 of 863 5.A. ADMINISTRATIVE 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-025-Appoint a City Commission representative and alternate to the Countywide I ntergovernmental Coordination Program. Explanation of Request: The Countywide I ntergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. Commissioner Ty Penserga is currently serving as the representative and City Manager Lori LaVerriere is currently the alternate for this program. How will this affect city programs or services? Maintain awareness and have input into matters of inter- jurisdictional significance. Fiscal Impact: None. Alternatives: The alternative would be to not make an appointment to this program. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 26 of 863 ATTACHMENTS: Type Description Resolution approving appointment to the D Resolution Countywide Intergovernmental Coordination Program D Attachment Description of Committees Page 27 of 863 I RESOLUTION NO.R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION 6 PROGRAM, AND APPOINTING AS 7 ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE 8 INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Countywide Intergovernmental Coordination Program; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH,FLORIDA THAT: 20 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 22 and correct and incorporated herein by reference. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Countywide Intergovernmental Coordination 26 Program and appoints as alternate representative to the 27 Countywide Intergovernmental Coordination Program. 28 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this day of April, 2020. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Commissioner—Justin Katz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 VOTE 47 ATTEST: 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 (Corporate Seal) S:\CA\RESO\Appointments\Countywide Intergovernmental Coordination Program 2020-Reso.Docx Page 28 of 863 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach.3060.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 29 of 863 5.B. ADMINISTRATIVE 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-026-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). Explanation of Request: The Coalition of Boynton West Residents Association (COBW RA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBW RA area. The current representative is Vice Mayor Justin Katz and the alternate is Commissioner Christina Romelus. How will this affect city programs or services? Maintain awareness of matters of significance to the City. Fiscal Impact: None. Alternatives: The alternative to this decision would be to not make an appointment to this association. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Resolution Resolution approving appointment to the COBWRA Attachment Description of Committees Page 30 of 863 I RESOLUTION NO.R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPOINTING AS A 5 REPRESENTATIVE TO THE COALITION OF BOYNTON 6 WEST RESIDENTS ASSOCIATION (COBWRA), AND 7 APPOINTING AS 8 ALTERNATE REPRESENTATIVE TO THE COALITION OF 9 BOYNTON WEST RESIDENTS ASSOCIATION (COBWRA); 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 13 representation on the Coalition of Boynton West Residents Association (COBWRA); and 14 15 WHEREAS, the City Commission has considered the qualifications necessary for such 16 representation and wishes to bestow upon the following named individuals such right and honor of 17 service. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH,FLORIDA THAT: 21 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 23 and correct and incorporated herein by reference. 24 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 26 as a representative to the Coalition of Boynton West Residents 27 Association (COBWRA) and appoints as alternate 28 representative to the Coalition of Boynton West Residents Association (COBWRA). 29 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 32 PASSED AND ADOPTED this day of April, 2020. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 37 Mayor— Steven B. Grant 38 39 Commissioner—Justin Katz 40 41 Commissioner—Woodrow L. Hay 42 43 Commissioner—Christina L. Romelus 44 45 Commissioner—Ty Penserga 46 47 VOTE 48 ATTEST: 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 (Corporate Seal) S:\CA\RESO\Appointments\COBWRA 2020-Reso.Docx Page 31 of 863 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach.3060.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 32 of 863 5.C. ADMINISTRATIVE 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-027- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Explanation of Request: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Board for the Palm Beach County League of Cities meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Commissioner Ty Penserga is serving as the representative and Mayor Steven B. Grant is the alternate representative to this Committee. How will this affect city programs or services? Maintain awareness and have input into matters of significance to the City. Fiscal Impact: None. Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 33 of 863 ATTACHMENTS: Type Description D Resolution Resolution approving appointment to Palm Beach County League of Cities Appointment D Attachment Description of Committees Page 34 of 863 I RESOLUTION NO.R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE 5 TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND 6 APPOINTING AS ALTERNATE 7 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF 8 CITIES; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Palm Beach County League of Cities; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH,FLORIDA THAT: 20 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 22 and correct and incorporated herein by reference. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Palm Beach County League of Cities and 26 appoints as alternate representative to the Palm Beach County 27 League of Cities. 28 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this day of April, 2020. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor— Steven B. Grant 37 38 Commissioner—Justin Katz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Christina L. Romelus 43 44 Commissioner—Ty Penserga 45 46 VOTE 47 ATTEST: 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 (Corporate Seal) S:ACA\RESO\Appointments\Pahn Beach County League Of Cities 2020-Reso.Docx Page 35 of 863 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach.3060.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 36 of 863 5.D. ADMINISTRATIVE 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-028-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Explanation of Request: The Travel Planning Agency (TPA) was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The TPA is composed of local elected officials from County and municipal bodies. The responsibilities of the TPA encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The TPA meeting is held on the 3rd Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last two hours. Mayor Steven B. Grant is currently serving as the representative and Commissioner Christina Romelus is the alternate representative to this Committee. How will this affect city programs or services? Maintain communications and awareness of TPA initiatives that may affect the City. Fiscal Impact: None. Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 37 of 863 ATTACHMENTS: Type Description D Resolution Resolution approving appointment to the TPA D Attachment Description of Committees Page 38 of 863 I RESOLUTION NO.R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE TRANSPORTATION PLANNING AGENCY (F/K/A METROPOLITAN 6 PLANNING ORGANIZATION), AND APPOINTING 7 AS ALTERNATE REPRESENTATIVE TO 8 THE TRANSPORTATION PLANNING AGENCY; AND PROVIDING AN 9 EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Transportation Planning Agency; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 18 CITY OF BOYNTON BEACH,FLORIDA THAT: 19 20 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 21 and correct and incorporated herein by reference. 22 23 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 24 as a representative to the Transportation Planning Agency and appoints 25 as alternate representative to the Transportation Planning 26 Agency. 27 28 Section 3. That this Resolution shall become effective immediately upon passage. 29 30 PASSED AND ADOPTED this day of , 2020. 31 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor— Steven B. Grant 36 37 Commissioner—Justin Katz 38 39 Commissioner—Woodrow L. Hay 40 41 Commissioner—Christina L. Romelus 42 43 Commissioner—Ty Penserga 44 45 VOTE 46 ATTEST: 47 48 49 Crystal Gibson, MMC 50 City Clerk 51 52 (Corporate Seal) S:ACA\RESO\Appointments\TPA(Fka MPO)2020-Reso.Docx Page 39 of 863 METROPOLITAN PLANNING ORGANIZATION The Metropolitan Planning Organization was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The MPO is composed of local elected officials from County and municipal governments and applicable transportation authorities, and is independent of local elected bodies. The responsibilities of the MPO encompass multi-modal transportation planning and address short-term (five-year) and long-range (20-year) time frames. The MPO meeting is held every third Thursday of the month at 9:00 a.m. in the 12th floor conference room of the Government Center. COALITION OF BOYNTON WEST RESIDENTS ASSOCIATION The Coalition of Boynton West Residential Associations (COBWRA) is an assembly of representatives of the various subdivisions in unincorporated Boynton Beach. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBWRA area. COUNTYWIDE INTERGOVERNMENTAL COORDINATION PROGRAM The Countywide Intergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter- jurisdictional significance. Each individual local government decides the length of the term. C:\Program Files(x86)\neevia.com\docConverterPro\temp\NVDC\F1A6E6B2-40DF-4487-AF2E-FD96020DE75A\Boynton Beach.3060.1.PALM_BEACH_COUNTY_COMMITTEE_-_Explanation_of_Duties.doc Page 40 of 863 5.E. ADMINISTRATIVE 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: The attached list contains the names of those who have applied for vacancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacancy. How will this affect city programs or services? Appointments are necessary to keep our advisory board full and operating as effectively as possible. Fiscal Impact: Non-budgeted 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: ATTACHMENTS: Type Description D Addendum Appointments and Applicants for April 21, 2020 D Addendum Harper Earl D Addendum Trueheart, I na D Addendum Wright, Bernard Page 41 of 863 Appointments and Applicants for April 21, 2020 Building Board of Adjustments and Appeals II Hay Alt 2 yr term to 12/21 III Romelus Reg 2 yr term to 12/21 IV Penserga Reg 2 yr term to 12/21 Applicants: None Education and Youth Advisory Board IV Penserga STU NV 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board II Hay Alt 2 yr term to 12/21 (Tabled 3) III Romelus Alt 2 yr term to 12/20 IV Penserga Reg 2 yr term to 12/21 Mayor Grant Reg 2 yr term to 12/21 Applicants: Wright, Bernard Library Board II Hay Reg 2 yr term to 12/21 III Romelus Reg 2 yr term to 12/21 IV Penserga Reg 2 yr term to 12/20 Mayor Grant Alt 2 yr term to 12/21 1 Katz Alt 2 yr term to 12/20 Applicants: None Senior Advisory Board III Romelus Reg 2 yr term to 12/20(Tabled 2) IV Penserga Reg 2 yr term to 12/21 Mayor Grant Alt 2 yr term to 12/21 Applicants: Trueheart, Ina Harper, Earl Page 42 of 863 Cherry-Guberman, Catherine From: harperearl <noreply@123formbuilder.io> Sent: Tuesday, March 10, 2020 2:28 PM To: City Clerk Subject: Advisory Board Appointment application Attachments: Earl_Harper_Resume.doc Today's date 03/10/2020 Name Earl Harper Phone number 954-234-5875 Address 8 Lake Eden Dr. Boynton Beach Florida 33435 United States Email harperearl@gmail.com Current occupation or, if retired, prior President Humana Puerto Rico occupation Education MBA 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 board(s)and when? Have you ever been No convicted of crime? a If"yes",when and where? Advisory Board Senior Advisory Board Page 43 of 863 Personal My experience includes 30+years of administrative and operational experience, including 10 Qualifications years as a business consultant and 18+years as a senior executive of organizations with annual gross revenues in excess of$500 million. In addition, I have previous experience serving on several community and business boards. Professional Memberships Feel free to attach/upload an t tiw w�ja (���bL:il r,,com/uLilo�� �: 1 j�jhp]l : ....=9592a327b93489alf66bi,,)bc7de79be65 extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 66.176.130.237(United States)at 2020-03-1013:27:54 on Chrome 80.0.3987.132 Entry ID:383 Referrer http.f 4 l)pnj2nbp.gch, r /boa r -an -cor'nmittees Form Host:hops: wNArAf ,formbu: ide:,r i,/ r ,5832 . ,/"�`dvis r,t o -A)) aoint:°:•ieT"tt-tpii tiqp 2 Page 44 of 863 EARL M. HARPER 8 Lake Eden Dr.,Boynton Beach,Florida 33435 Personal emailPersonal Cell: (954) 234-5875 SENIOR EXECUTIVE PROFILE Creative, results oriented senior healthcare insurance executive with more than thirty years of total administrative and operational experience,including ten years in management consulting,eighteen years as a senior level Executive with multi-lune health insurance organizations and four years as COO of a VC backed Medicare Advantage plan. Recognized for strong leadership, team building, strategic management, operational, analytical aid fmanncial skills. Has extensive experience introducing and managing change at the unit and the enterprise level. Is comfortable using technology as a competitive advantage, and as a barrier to competitor entry into the marketplace. Has the ability to relate to, and communicate with the businesses key constituents. Fully bilingual professional with cross cultural orientation, and twenty two years' experience working with customers,and leading a bilingual workforce. M.B.A. PROEE.S.SIONAL F,XPF,RL NCT HUMANA,Inc.6/2012- 2/2018 President,Puerto Rico Market Responsible for overall performance of Humannas operations ii Puerto Rico, including profit and loss, strategic direction,and administration of all existing programs (Medicare Advantage, Medicaid TPA, Commercial Group and HMS) and actively involved with all provider constituencies. Humana is a major player m the market with consolidated revenues in excess of $754M and 504 employees in multiple locations. Responsible for representing Humana PR Market with all governmental oversight agencies (DOI,CMS,State Medicaid Agency,Executive and Legislative branches in PR and DC). SOCIOS MAYORES EN SALUD,Inc. - 6/2008-8/2011 Socios Mayores en Salud,Inc. (d.b.a.American Health Medicare)now part of Triple-S Management,was an SV Life Sciences and HLM Venture Partners VC backed Medicare Advantage Plan in Puerto Rico.American Health Medicare was the fourth largest plan in the market with 41,000 MA members,384 regular employees and gross revenues of$381 MM. Chief Operations Officer(Professional Services Contract) - 2/2011 -8/2011 On February 7, 2011 American Health was purchased by and merged with Triple-S Management(NYSE: GTS). Continued to perform the COO duties and drive the transition during the"merger transition"period. Chief Operations Officer - 6/2008-2/2011 Position reported directly to the CEO, had six direct reports with responsibility for day to day oversight of the claims, customer service, network and provider service, information systems, human resources (organizational development), and administrative services operations (facilities), as well as the operational oversight of several delegated entities (PBM; BMHO;DME Supplier,etc.),and supported all areas reporting directly to the CEO. Page 45 of 863 • Cut bottom line unit cost from$2.88 per-claun processed in FY 1991 to$1.38 for FY 1999(52.1%) EARL M HARPER PAGE THREE Vice President:Medicare Division(1992-1998) This role was responsible for the leadership and oversight of the division charged with the administration ol'the Medicare Part- B contract with CMS for Puerto Rico and the U.S. Virgin Islands. Managed all related strategic planning, ongoing quality/process improvement initiatives and day to day operations. The position reported directly to the CEO and Medicare committee of the Board. Assistant Vice President:Quality Control&Corporate Planning(1990-1992) Created and developed the Quality Control mud Corporate Plaimiiig Division Nvithin the first year. • Created mud implemented a comprehensive employee development program. • Developed the departmental processes and procedures. • Reengineered the group renewal process,the premium collection process,and the credit validation process. EDUCATI0IV Jacksonville University-Jacksoindlle,Florida MBA 1990 Eckerd College-St. Petersburg,Florida BA "Business Administration&Management" 1983 R 1 ,RF.N - Available upon request BOARD, CIVIC&COMMUNITYINVOL I T, ENT ACODESE(Insurance Industry Association of PR)Board Member MMAPA(Medicare Advantage Association of PR)Board Member American Cancer Society,PR Chapter Red Cross,PR Chapter Muscular Dystrophy Association,PR Chapter Hogar San Jose de la Montana(Catholic Girls Orphanage),PR Alzheimer's Family Center(Margate,Florida) Page 46 of 863 Cher Guberman, Catherine From: inatrueheart <noreply@123formbuilder.io> Sent: Monday, March 02, 2020 8:42 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/02/2020 Name Ina Trueheart Phone number 561-302-3213 Address 100 NE 6th Street Unit 207 Boynton Beach FL 3345 United States Email inatrueheart@outlook.com Current occupation or,if Sales retired, prior occupation Education BS from URI Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If"yes",which board(s)and when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Senior Advisory Board Personal Qualifications I have been working with seniors for over a decade as a Sales& Marketing Director in Independent,Assisted Living and Memory Care Communities. I am now doing business development for SeniorBridge-hel ping to keep seniors cared for and their families in the know. I have a passion working with this population,and have plenty of insight to be of value to this board.Thank you for your consideration. Professional Memberships Page 47 of 863 Feel free to attach/upload an extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 205.145.107.68(United States)at 2020-03-02 08:42:07 on Internet Explorer 11.0 Entry ID:380 Referrer:https://www.boynton-beach.or /bo rds-and-committees Form Host. httr)s://www.123formbuilder.comLform-,5,43214/Advis.ol.r)L-,B9 d-N ointment-Application 2 Page 48 of 863 Cher -Gu erman, Catherine From: Benardwright52 <noreply@123formbuilder.io> Sent: Friday, March 27, 2020 5:08 PM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/27/2020 Name Bernard Wright Phone number 754-246-0767 Address 713 NW 2nd St Boynton each Florida 33435 United States Email Benardwright52@yahoo.com Current occupation or,if Ordained Minister/Certified Bick and Brick Mason retired,prior occupation Education GED,further studies, ministriy( Foundation Institute of Biblical Studies Paralegal studies( Florida National College)Present student of the Bible Are you a registered voter? Yes Do you reside within the Yes Boynton each City limits? Do you own/manage a business No within City limits? if"yes",name of business: Are you currently serving on a No City board? Have you served on a City Yes board inthe past? If"yes",which board(s)and Wa nominated and commission approved for the CRA Evaluation Committee/Board when? for the cottage project that unfortunately fail through... Have you ever been convicted Yes of a crime? I f"yes",when and where? see record.Amendment 4 Rights restored Advisory Board Historic Resources Preservation Board Personal Qualifications Founder and CEO of Bernard Wright Ministries, Realtalk Radio, Robert E Wells Foundation,Community Advocate for 8 consecutive years, past candidate for District 2 Commission. Initiator of the current Historic Resource project on going by this Board and the City/Minister!1!And have a Legacy and passin for the history and culture of this city, my hometown, Professional Memberships The Above! Page 49 of 863 6.A. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve Task Order UT-2D-03 with Calvin Giordano and Associates, in the amount of$82,126.69 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 to provide professional engineering design services for the drainage improvements and road rehabilitation of Industrial Way. Explanation of Request: The City had Industrial Way's road constructed in 1985. The roadway connects to High Ridge Road and runs eastwardly (1,200+/- linear feet) to terminate in a round-a-bout (see Attachment 1 —Aerial of Limits of Construction). The road is past its design life and at a stage where it requires an ever-increasing amount of maintenance (i.e. pothole and edge failure repairs). When roads reach this condition, the cost-effective approach is for the roads to be re-engineered and replaced. This agenda item is for the engineering design and permitting of the replacement road. The Consultant shall design the drainage improvements and provide road elevations and grades. Attachments 2 and 3 are of the Calvin Giordano Proposal and a copy of their executed agreement, respectively. The City will address construction, the next phase, via the Utilities Minor Construction services or will advertise a request for bid. Once reconstructed, it's service life will be extended another 20 years. How will this affect city programs or services? Replacing the roadway is a two step process. This is the first step (design, permitting, bidding services) needed to replace the road. The second step will be the bidding and award of the construction services contract. Fiscal Impact: Budgeted The project will be funded from the Sales Tax Street Maintenance Funds (303- 4905-580.63-08, CP0266). Alternatives: Delay project and continue status quo of making temporary patches and pot holes repairs. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 50 of 863 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Attachment 1 -Aerial of Limits of Construction D Attachment Attachment 2 - Calvin Giordano Proposal D Attachment Attachment 3- Executed Agreement Page 51 of 863 {ti t �S - Pif W� k� # �F, t F" k, _— 1e1 �Gsamr�rerce Park E)r k � _ ,k� n 47 ❑ 1 _ tti , b p, # �i i, ,S a z i 'k,r j�r�{il ti fit 1 �� t Calvin, Giordano & Associates, Inc. E X C E P T 1 0 N A L S 0 L U T 1 0 N S" 9' March 11, 2020 Mr. Gary Dunmyer, P.E. City Engineer Building Code Services City of Boynton Beach Civil Engineering/Roadway &Highway Design 3301 Quantum Blvd. Suite 101 Coastal Engineering Boynton Beach, FL 33426 Code Enforcement Construction Engineering& Inspection(CEI) Construction Services RE: Industrial Way Drainage Improvements Data Technologies& Development CGA Proposal No. 20-3621, Boynton Beach Task Order No. UT-2D-03 Electrical Engineering Engineering Dear Mr. Dunmyer, PE., Environmental Services Facilities Management The scope of work for the above referenced project includes professional services Geographic Information provided by Calvin, Giordano & Associates, Inc. (CGA) for the City of Boynton Systems(GIS) Governmental Services Beach (CITY) in preparation of construction documents, permitting and bidding Indoor Air Quality assistance for the above subject project. The project limits are within the right-of-way Landscape Architecture of Industrial Way Road from High Ridge Road east to end of the street(cul-de-sac). It Planning is our understanding that the Industrial Way corridor is within an industrial area with Project Management heavy truck traffic and is experiencing drainage issues and pavement deterioration. Redevelopment &Urban Design The improvements include drainage improvements, milling and resurfacing, ADA Surveying&Mapping upgrades, wooden utility pole relocation, minor pavement widening and radius Traffic Engineering modifications at High Ridge Road approach to accommodate desired lane Transportation Planning configuration. CGA's sub-consultants Radise International, LC and US Potholing & Water/Utilities Engineering Air Excavation will provide Geotechnical Engineering Services and Subsurface Utility Website Development Investigation, respectively, to assist during the design phase of this project. Note that no Tree Preservation, Tree Disposition Plan are included in this proposal but can be added as an additional service if required. The scope of work for this project is outlined below. 1. Professional Engineering Services 1800 Eller Drive Suite 600 A. Civil Engineering Fort Lauderdale,FL 33316 954.921.7781 phone 1. Utility Coordination, Data Collection and Typical Section 954.921.8807 fax • Perform site visit of the corridor to understand existing www.cgasoludons.com conditions and site constraints. FORTLAUDERDALE MIAMI-RADE WEST PALM BEACH CLEARWATER/TAMPA ESTERO PORTsT Fogge 53 of 863 • Create an 811 Design Ticket and submit Utility Request Letters to applicable utility owners (UOs) • Create utility matrix for tracking • Log & input utility information into AutoCAD. • Sub-Consultant to perform utility potholes throughout the project corridor. Six (6) soft digs are anticipated and are included in this proposal. An additional service agreement shall be required if more than six (6) soft digs are required. • Coordinate with Sub-Consultant on soft dig locations. Review Report and incorporate the findings into the design. • Sub-Consultant to perform a Geotechnical Report to understand existing pavement and soil investigation and condition. The Geotechnical Report will assist the engineer in drainage characteristics and pavement design. • Coordinate with Sub-Consultant on Geotechnical test locations. Review Report and incorporate the soil conditions into the design. • Prepare Typical Section and submit to CITY for review and approval prior to any plan production. 2. 60% Plans Production and Permitting • Prepare 60% plans for roadway improvements including Paving, Grading & Drainage Plans; Pavement Marking and Signage Plans; Cross Sections every 100 ft; Maintenance of Traffic Plans; SWPPP Plans; Details and General Notes. • Prepare drainage calculations and report. It is our understanding that City staff will perform drainage calculations and grading. CGA will oversee this task and work together with City staff to perform drainage calculations and grading. • Prepare 60% construction cost. • Submit pdfs and hard copies of plans and cost estimate to CITY for review. Page 54 of 863 • One (1) meeting with CITY staff to discuss 60%plans and cost estimate. 3. 90%Plans Production • Revise plans per CITY's comments from the 60% Plans Production review. Fee includes responding and addressing comments. • Prepare 90% plans for roadway improvements including Paving, Grading & Drainage Plans; Cross Sections every 100 ft; Pavement Marking and Signage Plans; Maintenance of Traffic Plans; SWPPP Plans; Details and General Notes. • Prepare 90% construction cost. • Prepare Technical Specifications. It is our understanding that the CITY will prepare and provide their own Front End Specifications for this proj ect. • Submit pdfs and hard copies of plans and cost estimate to CITY for review. • One (1) meeting with CITY staff to discuss 90% plans, technical specifications and cost estimate. 4. 100%Plans Production • Revise plans per CITY's comments from the 90% Plans Production review. fee includes responding and addressing comments. • Prepare 100% plans for roadway improvements including Paving, Grading & Drainage Plans; Pavement Marking and Signage Plans; Maintenance of Traffic Plans; SWPPP Plans; Details and General Notes. • Prepare 100% construction cost. • Prepare 100% Technical Specifications. • Submit pdfs and hard copies of plans and cost estimate to CITY for bidding. 5. Bidding Page 55 of 863 • Attendance to one (1) pre-bid meeting. It is anticipated that CITY staff will conduct the pre-bid meeting and prepare meeting minutes. • Address bidder RFI's and revise plans during bidding as needed. 6. Project Management • Design team coordination to ensure the project progresses on schedule. This includes internal progress meetings, coordination with the design team, schedule updates, budget control and invoice processing, addressing client comments, meeting minutes, supporting documentation for design and permitting, and quality control review of plans. Overall client coordination to keep the CITY aware of the project's progress, budget, schedule and critical design decisions. 7. Other Services • The only services included in this contract are those specifically identified above. An additional Services Agreement (ASA) shall be required if additional services are requested by the CITY. The following services are not included in this contract: - Landscape Architecture, Survey Services, Engineering during construction and construction administration/inspections are not included in this contract but can be provided with an ASA. - Bid evaluation and bid opening is not included in this contract but can be provided with an ASA. B. Electrical Engineering 1. Evaluate the existing utilities findings and coordinate with each utility any required changes. 2. Provide field meeting with utility companies to assess any required changes to existing overhead utility services which might have an impact to the project. 3. Coordinate proposed utility changes and provide feedback. 4. Coordinate proposed utility changes within CGA scope of work. Page 56 of 863 5. Obtain utilities cost estimates to be paid by the City of Boynton Beach for the preparation of the project cost construction estimate. 6. Items not included • Roadway lighting upgrades • Electrical engineering design. • Modification to any existing electrical service impacted by the relocation of utilities. • Any other items not listed. • Construction Administration, including but not limited to, request for information (RFI), bidding, building department responses, value engineering, etc. BASIS OF PROPOSAL • Any opinion of the construction cost prepared by Calvin, Giordano & Associates, Inc. represents its judgment as a design professional and is supplied for the general guidance of the CLIENT since Calvin, Giordano & Associates, Inc. has no control over the cost of labor and material, or over competitive bidding or market conditions. Calvin, Giordano & Associates, Inc. does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CLIENT. • Any outside engineering services, studies, or laboratory testing not specifically mentioned in the Scope of Services will be the responsibility of the CLIENT. All municipal, permit, and agency fees as well as Title Certificates will be paid by the CLIENT. • Basic services outlined within this proposal shall be considered complete when the project plans are submitted to the regulatory agencies for Certification. • Calvin, Giordano & Associates, Inc. is performing the consultant services set forth in this Agreement strictly as a professional consultant to CLIENT. Nothing contained in this Agreement shall create any contractual relationship between Calvin, Giordano & Associates, Inc. and any contractor or subcontractor performing construction activities on the project, or any of CLIENT's other professional consultants. • Calvin, Giordano & Associates, Inc. shall not be responsible for the contractor's schedules or failure to carry out the construction in accordance with the construction documents. Calvin, Giordano & Associates, Inc. shall not have control over or charge of acts or omissions of the contractor, subcontractors, or their agents or employees, or of any other persons performing portions of the construction. • Calvin, Giordano & Associates, Inc. will require that all consultants carry proper Page 57 of 863 insurance, including professional liability insurance, if appropriate. • Permit construction certification will include one partial and one final inspection. ADDITIONAL FEES The following services are NOT included in this proposal and will be considered Additional Services, which will be addressed in a separate contractual agreement. The services include but are not limited to: • Architectural, structural (i.e., retaining walls, bridges, docks), mechanical (i.e., fire pumps), fire protection, geotechnical and testing, environmental assessment, power, gas, telephone, cable television, site lighting services. • Calculations for needed fire flow for site demands, based on building type use and size, if required. • Calculations of off-site flood stages. • Construction quality control inspections. • Off-site engineering and negotiations for off-site easements, if required (other than as specified in the Scope of Services). • Permit application or negotiation with permitting authorities other than those specifically listed herein. • Preparation of construction contract documents, other than drawings and technical specifications (e.g., bid schedule,project manual); • Professional land surveying not included in the scope of services (i.e., buried utility investigation, easement research, condominium documents, project stake-out and as- built drawings). • Professional services required due to conditions different from those itemized under the Scope of Services or due to events beyond the control of Calvin, Giordano & Associates, Inc. • Professional services required, due to changes in the site plan initiated by the CLIENT, their representatives or other consultants (e.g., architects, landscape architects, etc.) after either design or preparation of the construction drawings has commenced. • Re-review of rejected shop drawings. • Review and approval of Contractor pay requests. • Review of Data supplied by the CLIENT (i.e. GIS data sets, databases, aerial images, etc.)required for integration into this project. • Review of shop drawings for contractor or Client selected alternatives, materials, products, etc. • Special shop drawing annotation and modification to expedite shop drawing approval process. • Updated boundary survey, site evaluation or closing assistance work, unless specified above. Page 58 of 863 REIMBURSABLE EXPENSES Calvin, Giordano & Associates, Inc. and its consultants will be reimbursed for the printing of drawings and specifications, deliveries, Federal Express services, required travel time and travel expenses, long distance telephone calls, fax transmittals, postage, fees paid for securing approval of authorities having jurisdiction over the project, renderings, models and mock-ups required by CLIENT, as required. Reimbursable expenses and sub-consultant invoices will be billed directly to the CLIENT at a multiplier of 1.25. MEETING ATTENDANCE Due to the difficulties of predicting the number or duration of meetings, no meetings other than those listed above, are included in the Schedule of Fees shown below. Preparation for and meeting attendance, as necessary, will be provided on a time and materials basis and will be billed at the standard hourly rates in accordance with the attached Hourly Rate Schedule. SCHEDULE OF FEES Calvin, Giordano & Associates, Inc. will perform the Scope of Services for a lump sum fee as shown in the proposed Schedule of Fees: PROPOSED SCHEDULE OF FEES I Professional Engineering Services A Professional Civil Engineering Services $78,706.69 B Professional Electrical Engineering Services $3,420.00 II Meetings not included in I thru II Hourly TOTAL Lump Sum (Plus Hourly Services) $82,126.69 TERMS OF THE AGREEMENT • Calvin, Giordano & Associates, Inc. and the CLIENT agree by their signatures on this document that each party will not hire or attempt to hire any staff from the other party while under contract together. • Calvin, Giordano & Associates, Inc. is preparing and providing drawings, plans, specifications and other documents as outlined in the scope of services for this Agreement for use in the construction of this project, based upon design and construction criteria prepared and provided by others, including but not limited to the CLIENT and Page 59 of 863 CLIENT's consultants. Calvin, Giordano & Associates, Inc. is not responsible for any errors and omissions in the aforesaid design and construction criteria provided by others. • CLIENT agrees to indemnify, hold harmless and, at Calvin, Giordano & Associates, Inc.'s option, defend or pay for an attorney selected by Calvin, Giordano & Associates, Inc., to defend Calvin, Giordano & Associates, Inc., its officers, agents, servants, and employees against any and all claims, losses, liabilities, and expenditures of any kind, including attorney fees, any appellate attorney costs, court costs, and expenses, caused by, arising from, or related to any acts, omissions or negligence of CLIENT or its consultants. • CLIENT agrees to limit Calvin, Giordano, & Associates, Inc.'s liability for any and all claims that CLIENT may assert on its own behalf or on behalf of another, including but not limited to claims for breach of contract or breach of warranty, to the amount of fees paid to Calvin, Giordano & Associates, Inc.,pursuant to this Agreement. • Drawings, specifications, and other documents and electronic data furnished by Calvin, Giordano & Associates, Inc. in connection with this project are instruments of service. All original instruments of service shall be retained by Calvin, Giordano & Associates, Inc. and will remain their property, with all common law, statutory and other reserved rights, including copyright, in those instruments. This information provided in the instruments of service is proprietary and will not be shared with others without prior written consent. The CLIENT may request reproducible copies, and all original documents upon payment of all outstanding invoices, and expenses. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. • Invoices for work accomplished to date will be submitted monthly and are payable within thirty (30) days. The CLIENT will pay invoices upon receipt and understands interest charges of 1.5% per month will be applied to any unpaid balance past thirty (30) days. Calvin, Giordano & Associates, Inc. may elect to stop work until payment is received. If work is stopped for thirty (30) days or more, Calvin, Giordano & Associates, Inc. may request compensation for start-up costs when work resumes. • PURSUANT TO SECTION 558.0035, FLORIDA STATUTES, AN INDIVIDUAL EMPLOYEE OR AGENT OF CALVIN, GIORDANO & ASSOCIATES, INC. MAY NOT BE HELD INDIVIDUALLY LIABLE IN NEGLIGENCE FOR ANY CLAIMS, DAMAGES, LOSSES, OR DISPUTES ARISING OUT OF OR SUBJECT TO THE CONTRACT. • The CLIENT or their representative shall be available to meet with Calvin, Giordano & Associates, Inc. and provide decisions in a timely manner throughout the course of the project. The CLIENT will provide all plans and other pertinent information, which are necessary for Calvin, Giordano & Associates, Inc. to provide complete professional services as outlined in this contract. • The terms of Agreement shall be valid for the Client's acceptance for a period of thirty (30) days from the date of execution by Calvin, Giordano & Associates, Inc. after which Page 60 of 863 time this contract offer becomes null and void if not accepted formally (evidenced by receipt of an executed copy of this document). All rates and fees quoted in this document shall be effective for a period of six (6) months, after which time they may be renegotiated with the CLIENT. • This Agreement may be terminated by either parry upon not less than seven (7) days written notice should the other parry fail substantially to perform in accordance with the terms of this Agreement through no fault of the parry initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. MISCELLANEOUS PROVISIONS • CLIENT and Calvin, Giordano & Associates, Inc., respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other parry to this Agreement and to the partners, successors, assigns, and legal representatives of such other parry with respect to all covenants of this Agreement. Neither CLIENT nor Calvin, Giordano & Associates, Inc. shall assign this Agreement without written consent of the other. • This Agreement represents the entire and integrated agreement between the CLIENT and Calvin, Giordano & Associates, Inc. and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Calvin, Giordano & Associates, Inc. and the CLIENT. • Unless otherwise provided, this Agreement shall be governed by the law of the place where the project is located. TERMINATION OF THE AGREEMENT • This Agreement may be terminated by either parry upon not less than seven (7) days written notice should the other parry fail substantially to perform in accordance with the terms of this Agreement through no fault of the parry initiating the termination. Failure of CLIENT to make payments to Calvin, Giordano & Associates, Inc., in accordance with this Agreement, shall be considered substantial nonperformance and cause for termination. • In the event of termination in accordance with this Agreement or termination not the fault of Calvin, Giordano & Associates, Inc., Calvin, Giordano & Associates, Inc. shall be compensated for services properly performed prior to receipt of notice of termination, together with Reimbursable Expenses then due. Page 61 of 863 We appreciate the opportunity to submit this proposal. Calvin, Giordano & Associates, Inc. is prepared with the necessary manpower to proceed with the proposed scope of services upon receipt of the executed authorization. Our personnel are committed to completing the project in a timely manner. Please indicate your acceptance of this proposal by signing below and returning one executed copy of the contract to this office. We look forward to working with you in making this project a success. sflxel'ejy� CAI-VTN" (7.301 a%NO & ASSOCIATES, INC,, Vice Presideni Page 62 of 863 Cost of these services are $82,126.69 plus hourly as noted in fee breakdown. u Tide: �!I'C ° Page 63 of 863 Totals for Civil Engineering Services Total Hourly Fees for Title Hours Rate Role Project Manager 208.00 $190.00 $39,520.00 CADD/ Technician 284.00 $95.00 $26,980.00 Consultant -- -- $12,206.69 Total Fee for Civil Engineering = $78,706.69 Totals for Electrical Engineering Services Title Total Hourly Fees for Hours Rate Role Project Manager 18.00 $190.00 $3,420.00 CADD/ Technician -- $95.00 $0.00 Consultant -- -- $0.00 Total Fee for Electrical Engineering = $3,420.00 Total Fee= $82,126.69 Page 64 of 863 Coversheet Page 1 of 2 6.F. CONSENTAGENDA &712018 CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 817/2018 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO.R18-103-Authorize the City Manager to sign multiple agreements as a result of RFQ No.:046-2821-17frP for General Consulting Services for five(5)Scope Categories to be executed based on individual task orders in compliance with the purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement:two(2)years from execution of agreements with three(3)additional one(1)year renewal periods. Explanation of Request: On March 6,2018,the City Commission approved the list of top ranked proposers identified by the Evaluation Committees from the responses received from RFQ No.:046-2821-17rrP for General Consulting Services,who authorized staff to conduct negotiations with the firms as follows: M M $COPE CATEGORY A WgterPlant Modifr4atipris,Capacity and 02gration Evaluation Carollo Enineers,lnc. CH2MHill Engineers, Inc. Globaltech, Inc. SCOPE CATEGORY B Infrastructure Im rovements and Evaluations Carollo Engineers,inc. Arcadis U.S., Inc. AECOM Technical Services,Inc. CDM Smith Inc. SCOPE CATEGORY C Ancillary IlLdies and Services Carollo En ineers,lnc. CDM Smith, Inc. Globaltech, Inc.. SCOPE CATEGORY D Tran$ op(ation Services Kimle -Horn and Associates, Inc. Calvin,Giordano&Assoc., Inc. Mathews Consulting SCOPE CATEG(?RY E i Architectural and Landsca Desi n Services i Gentile Glas Holloway O'Mahoney &Assoc.Inc Alexis Knight Architects, Inc. West Architecture t Deskm LLC h The RFQ was advertised and submittals were opened on September 26,2017. The City received sixty-five(65)proposals whereby the top ranked proposers per scope(2 or 3,depending upon scope)were submitted to City Commission on March 6,2018 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.055,Consultants'Competitive Negotiation Act. Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each of the firms, negotiation sessions with all the firms were deemed unnecessary. Only firms that showed significantly higher rates were contacted for discussions.Comparisons were done on the basis of averages among all three(3)or four(4)fines for Scope Categories D and E only.On July 2 and July 19,2018,the Purchasing Manager and the City Engineer conducted negotiations with the firms.As a result,the Schedule of Professional Fees as attached will be fixed and firm for at least the initial two(2)year period. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? https:/Iboyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4382&M...P9MfA19f 863 Coversheet Page 2 of 2 This agreement will provide for the issuance of task orders in connection with projects for on-going capital improvements to enhance City-wide operations. Individual task orders in excess of$25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. FISCAL IMPACT: Budgeted The costs of the individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re-issue the RFQ. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description 171 Resolution Resolution approving General Consulting Services Agreements o &qreoment AGREEMENT-2GHO o 8-2reelm nt AGREEMENT-AECOM o ARrpeniant AGREEMENT-ALEXIS KNIGHT o ; eement AGREEMENT-ARCADIS d rear err grit AGREEMENT-CALVIN,GIORDANO&ASSOC. D Acre,e meM AGREEMENT-CAROLLO a Ac:ree:r pnt AGREEMENT-CDM SMITH a A919errrerrt AGREEMENT-CH2MHILL n ftMr Lr ent AGREEMENT-GLOBALTECH p ,=�grra� t ATTACHMENT-KIMLEY-HORN Drrr rrt ATTACHMENT-MATHEWS CONSULTING 0 ;wr trEra AGREEMENT-WEST ARCHITECTURE https:/iboyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ItemID=4382&M...P� �O863 GENERAL,CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as"the CITY", and CALVIN, GIORDANO &ASSOCIATES, INC.,hereinafter referred to as 'the CONSULTANT', in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287,055, Florida Statutes, the Consultants' Competitive Negotiation Act,the CI1YS Procurement Code,the City of Boynton Beach solicited proposals For professional consulting services from qualified engineering firms for required City services;and WHEREAS,THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach,RFQ No.446-2821-17IrP;and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY;and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1-SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders,at the request of the CITY during the term of this Agreement,including the provision of all labor,materials,equipment and supplies. The speed projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Mod'if'ication,Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services ® Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL:The CONSULTANT agrees to perform work assigned by Task Order(s)under such terms as set forth in the Task Order(s).The terms of the Task Order(s)shall be supplemental to the terns of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of Its Sub-consultants'work. The term"Ageement'bas the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1 V.5 CLFAN FINAL Page 67 of 863 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost,and shall consuR and confer with the CIT!as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100%construction documents. 1.2.4 During the preliminary services phase,the CONSULTANT shall advise the CITY, based on CONSULTANTS professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project;CONSULTANT to obtain data from other sources; identify and analyze requirements of govemmertal authorities having jurisdiction to approve the design of the project;provide analyses of the CITY'S needs for surreys; perform site evaluations and comparative studies of prospective site and solutions;and prepare and furnish a report to the City setting forth the CONSULTANTS findings and recommendations. 1.2.4.1 Providing any type of property surreys or related engineering services needed for the transfer of Interests In real property,and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six(a) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project;and/or 1.2.4.4 Upon authorization of the CITY,the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities-General Consulting Services C-2 W CLEAN FINAL Page 68 of 863 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES:The CONSULTANT shall consult and advise the CITY in the following manner:specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format,and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY In each project, project schedule or construction budget shall prepare for approval by the CITY,design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice Issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes,administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CIN for each project, Boynton Beach Utilities-General Consulting Services C3 V.5 CLEAN FINAL Page 69 of 863 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as-built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the fors required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY,the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal,the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work Is property coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan In a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents Including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature,date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, tiles, regulations, codes, directives and other applicable federal,state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY,assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 70 of 863 received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such Opinions as compared to contractor bids or actual cost to the CITY.If the project is not advertised for proposals within three(3) months after delivery of Final Design Plans,through no fault of the CONSULTANT or 9 either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry,the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY,if necessary. Additionally If the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans,the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda,through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre-Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid(two-step bid process), CONSULTANT shall assist the CITY,if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders,and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents,and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for,the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities-General Consulting 5erviccs C-6 V.5 CLEAN FINAL Page 71 of 863 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three(3)days of the discovery of any architecturalfengineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards,supporting documentation, or data. If the schedule of values is not found to be appropriate,it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable,balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services' of this Agreement. The CONSULTANTS observation shall determine the progress of the work completed,and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents.On the basis of site visits,the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably Inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors,and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means,methods,techniques,sequences or procedures.or for safety precautions and programs in connection with the Work,nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities-General Consulting Services C-6 V.S CLEAN FINAL Page 72 of 863 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment,the CONSULTANT will also represent to the CITY that to the best of its information and belief,based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints,drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad flies in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bimonthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes In the work or time,no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY,written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees (°Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identity for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: `i Conducting all pre-construction conferences; -'r Conducting all necessary construction progress meetings; %I, Observation of the work in progress to the extent authorized by the CITY; 0 Receipt, review coordination and disbursement of shop drawings and other submittals; +� Maintenance and preparation of progress reports; •A Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities-General Consulting Services C-7 V.5 CLEANS FILIAL Page 73 of 863 4- Verification of contractors'and subcontractors'payrolls and records for compliance with applicable contract requirements; 4 Maintenance at each project site on a current basis of all drawings, specifications. contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; + Preparation, update and distribution of a project budget with each project schedule; 6 Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; 4 Scheduling and conducting monthly progress meetings at which CIN, Engineer,general contractor,trade contractor,utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. + Recommending courses of action,and enforcing action selected by the CITY,if so directed by the CITY,if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; * Development and Implementation of a system for the preparation, review,and processing of change orders; 4 Maintenance of a daily log of each project; + Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors'work and the percentage of completion; + Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion;and + Securing and transmitting to the CITY,required guarantees;affidavits; releases;key manuals;record drawings;and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY,and the CITY shall have the right to employ personnel to observe the work in progress,provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods,techniques,sequences or procedures,or for safety precautions and programs in connection with the Work,nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Worts. Although CONSULTANT shall not be responsible for health or-safety programs or precautions related to CITY"s activities or those of CITY'S other contractors and consultants or their respective subcontractors and Boynton Beach Utilities-General Consulting Services C-8 V.5 CLEAN FINAL Page 74 of 863 vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shalt not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing,or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANTs employees,subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional(not exclusive)services are: • Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. • Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. • Services resulting from significant changes in the general scope,extent or character of any particular project or its design including but not limited to,changes in size,complexity,the CITY'S schedule,character of construction or method of financing, and revising previously accepted studies,reports,design documents or Construction Contract Documents when such revisions are required by changes to laws, rules,regulations,ordinances,codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANTS control. •'r Providing renderings or models for the CITY'S use. Preparing documents for altemate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. t Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies;cash flow and economic evaluations, rate schedules and appraisals;assistance in obtaining financing for a project;evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposallproposel protests,re-bidding or re-negotiating contracts for construction, materials, equipment or services,unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT(e.g.defective plans andlor specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities-General Consulting Services C-9 V.5 CLEAN FINAL Page 75 of 863 • Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. 9 Additional services in connection with a project not otherwise provided in this Agreement. • Services In connection with a project not otherwise provided for in this Agreement. • Services in connection with a field order or change order requested by the CITY. G Providing artwork,models,or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control,and upon the CITY'S authorization, it will furnish the following additional services. o` Services in connection with work changes necessitated by unforeseen conditions encountered during construction. 0 Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor,except to the extent such claims are caused by the errors or omissions of the CONSULTANT. 4, Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4)default by any contractor, provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents,the CONSULTANTS additional services shall be deemed part of Basic Services and compensated as such. • Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. • Services to evaluate the propriety of substitutions or design altemates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor,and this requirement shall be included in the construction contract @ Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor,unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT,the cost of such services shall be bome by the Contractor,and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consaitins Services C40 V.S CLEAN FINAL Page 76 of 863 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s)shall have complete authority to transmit Instructions and receive information with respect to the CONSULTANTS services for a particular project.The CITY may have multiple CITY Representative(s)or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability,and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available Information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT,if required for the performance of CONSULTANTS services(except where otherwise furnished by the CONSULTANT as Additional Services),the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples,materials and equipment; 1.4.1.8 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and Impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning,dead and other land use restrictions; 1.4.1.11 Approval and permits required In the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT;and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities-Gencrai Consulting Services V.5 CLEAN FINAL C-�t Page 77 of 863 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order,the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to mance changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes,and shall be peafoimed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,fallure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 ft is anticipated and intended that the CONSULTANT will be authorized to begin new task orders an a"rolling'basis,as some already assigned task orders near timely completion. N a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older"task orders In a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be Issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time,the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in defaufL and the CONSULTANT has demonstrated to the CITY'S satisfaction,the reasons for tardy completion have been addressed and are not likely to be repeated in subsequent task Boynton Beach Utilities-General Consulting Services C-12 V.5 CLEAN FINAL. Page 78 of 863 orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work,or to any compensation associated with these non-issued task orders due to the CONSULTANT being rendered in default. 1.5,8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided In Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement andfor terminate this Agreement. 1.6 DEFINMON OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach,an event of default shall include the following: + CONSULTANT has not performed services on a timely basis due to CONSULTANTS negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; G CONSULTANT has failed to make prompt payments to SUB- CONSULTANTS U&CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; + CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; `e CONSULTANT has refused or failed to provide the services as defined in this Agreement; * CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety(90)days of such date. * CITY has failed to make payments to CONSULTANT In accordance with the requirements of this Agreement 1.6.2 In the event of Default,the CONSULTANT shall be liable for all damages resulting from the Default including: 4 The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs Incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to Boynton Beach Utilities-General Consulting Services 'V.5 CLEAN FINAL C-13 Page 79 of 863 every other remedy given or otherwise existing,and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2-TERM 2.1 The initial Contract period shall be for an initial two(2)years,commencing at the execution of the contract,and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions.The CONSULTANT understands and acknowledges that the Services to be performed during the two(2)year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CIN (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed.At no time shall this transitional period extend more than one-hundred and eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3-TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events,or unless an extension of time is granted in writing by the CITY. ARTICLE 4-PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: �i Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit"A-attached hereto. Payment as provided in this Section shall be full compensation forwork performed,services rendered and for all materials,supplies,equipment and incidentals necessary to complete the work. Compensation for sub-CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Boynton Beach Utilities-General Consulting Services C-14 V.5 CLEAN FINAL Page 80 of 863 Consulting time for processing and management of the sub- CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. 4:� The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof,payment will be made to the CONSULTANT in the amount approved. 0 In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative,the total Incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. oti Computation of Time ChargeslNot-to-Exceed Method of Payment: When a service is to be compensated based on time chargetnot--to- exceed method, the CONSULTANT shall submit a not-to-exoeed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub-CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs Incurred in excess of the total not-to-exceed cost amount. � Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon Its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY,which shall occur no later than 30 days following receipt of the invoice. 4, Final]nice In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S finalllast billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be dosed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. �r The cost of all services as stated herein shall remain fixed and firm for the initial two (2)year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry,such Increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index(CPI-U) (National) as published by the Bureau of Labor Statistics, U.S. Department Labor. The yearly increase,or decrease in the CPI shall be the latest index published and available ninety(90)days prior to the end of the contract year then in effect compared to the index for the Boynton Beach Utilities-General Consulting Services C46 V.5 CLEAN FINAL Page 81 of 863 same month one(1)year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty(60)days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. 4 The CITY may after examination,refuse to accept the adjusted costs if they are not property documented, increases are considered to be excessive,or decreases are considered to be Insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY,the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE b-OWNERSHIP AND USE-OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects.The CONSULTANT shall be permitted to retain copies, including reproducible copies,of drawings and specifications for information,reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract,without the written consent of CONSULTANT,shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6-FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided In the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7-WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY has retied upon such representations. Therefore,CONSULTANT shall not change Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL G16 Page 82 of 863 the designated Project Manager for any project without the advance written approval of the CITY,which consent shall not be unreasonably withheld. ARTICLE 8-CQKWANCE_WITH LAWS 8.1 CONSULTANT shall, In performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract,shall review and comply with laws,regulations,codes and standards in effect as of the date of this agreement that are applicable to CONSULTANTS services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes In any law,ordinance, or regulation result in increased costs or delays to services rendered,both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9-INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees,from and against any and all losses, or any portion thereof, including reasonable attorneys'fees and costs,arising from injury or death to persons,including injuries, sickness, disease or death to CONSULTANTS own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind,Including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY shall not exceed the value of CONSULTANTs total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities-General Consulting Services V.5 CLEAN F NAL C-17 Page 83 of 863 ARTICLE 10-INSURANCE 10.1 During the performance of the services under this Contract,CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub- CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1,2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an"Occurrence"basis. Coverage shall include Premises and Operations;Independent Contractors,Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and$1,000,000 aggregate for personal injury/ and $1,000.000 per occurrenoeleggregate for property damage. The general liability insurance shall include the CITY as an additional Insured and shall include a provision prohibiting cancellation of the policy upon thirty(30)days prior written notice to the CITY,except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage,which may arise from the ownership, use of maintenance of owned and non-owned automobile, included rented automobiles,whether such operations be by the CONSULTANT or by anyone directly or Indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per claim/aggregate. Boynton Bcad Utilities-General CansWting Services Y.5 CLEAN FINAL C-18 Page 84 of 863 - .............. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- CONSULTANTS comply with the same Insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty(30)days following the CITY'S written notice,the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT,said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two(2)years following the termination of the Agreement,maintain a"tail coverage"in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims-made policy only. ARTICLE 11 -INDELIENDEME CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any beneftts accorded CITY employees by virtue of the services provided under this Contract.The CITY shall not be responsible for withholding or otherwise deducting federal Income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT,or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended(Public Records). CONSULTANTS obligation Includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 42-COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person,other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonsfide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violatlon of this warranty,the CITY shall have the right to annul this Contract without liability or,in its discretion to deduct from the contract Boynton Beach Utilities-General Consulting Services V.S CLEAN FINAL C49 Page 85 of 863 price or consideration, or otherwise recover, the full amount of such fee, commission,percentage,brokerage fee,gift,or contingent fee. ARTICLE 13—)RUTHJN-NEGgM0LM CERTIFJ0kTE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth-in-negotlation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete,or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate'within one(1)year following payment. ARTICLE 14-SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB-CONSULTANT or to reject the selection of a particular sub-CONSULTANT and to inspect all facilities of any SUB-CONSULTANTS in order to make a determination as to the capability of the SUB-CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB-CONSULTANT fails to perform or make progress, as required by this Contract,and it is necessary to replace the SUB-CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB-CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB-CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and i s agreement with the SUB-CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15-DISCRIMINATION!PROHIBITED 15.1 The CONSULTANT,with regard to the work performed by it under this Contract, will not discriminate on the grounds of race,color,national origin,religion,creed, age,sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16-ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY, Boynton Beach Utilities-General Consulting Services C-20 V.5 CLEAN FINAL Page 86 of 863 ARTICLE 17-NON-WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18—TERMINAT,,,'ON 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience,upon ten(10)days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes it to be terminated,CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY,this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions,conditions,or requirements herein contained,if such neglect or failure continue for a period of thirty(30)days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty(30)days after receipt by CITY of written notice of breach. ARTICLE 19—DISPUTES AND 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further,this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County,Florida. ARTICLE 20—UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract If delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term"Uncontrollable Forces"shall mean any event which results in the prevention or delay of performance by a party of Its obligations under this Contract and which Is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities-General Consulting Services C-21 V.i CLEAN FINAL Page 87 of 863 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall,however,be excused from performance if non-performance is due to forces which are preventable,removable,or remediable,and which the non- performing party could have,with the exercise of reasonable diligence,prevented, removed,or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21—CITY-PROVIDED INFO TION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANTS services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required;furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement AR71CLE 22—ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost,financial analyses,economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material;unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions;time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule.Therefore,CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions,analyses,projectlons,or estimates. ARTICLE 23—THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights_or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities-General Consulting Services C-22 V.5 CLEAN FINAL Page 88 of 863 ARTICLE 24-NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: C of nton Beach Copy to Attn Utilities Director °Cf of Boynton Beach 124 E.Woolbht Road Attn:Procurement Services Boynton Beach,FL 33435 P.O Box 310 ...� Boynton Beach,FL 33425 And Notices to CONSULTANT,shall be sent to the following address: i Catrin.Giordano&Assoclates,Ina__] A- -Shelley Etchner 660 Village Blvd. Suite 340 West Palm Beach FL 33408 ARTICLE 26-INTEGRATED AQfigg EDIT 25.1 This Contract,together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order,the provision of the Task Order will control. ARTICLE 26-SOVE SIGN IMM LAITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted,to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time,or any successor statute thereof. To the contrary,all terms and provisions contained in the Contract,or any disagreement or dispute concerning It,shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract,or any disagreement or dispute concerning It,shall be construed or resolved so as to Insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract,the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post-judgment proceedings. CITY'S liability for costs and attorney's fees, however,shall not alter or waive CITY'S entitlement to Boynton Beach Utilities-General Consulting Services C-23 V.5 CLEAN FINAL Page 89 of 863 sovereign immunity, or extend CITY'S liability beyond the fimits established in Section 768.28,Florida Statutes,as amended. ARTICLE 27—EMC RECORDS 27.1 The City is public agency subject to Chapter I19, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 1]9,Fla.Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY, at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the C='S custodian of public records,in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O.BOX 310 BOYNTON BEACH,FLORIDA,33425 561-742-6061. PYL_EJ�BBFL.US Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL - 24 Page 90 of 863 Article 28-LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES,AND THEIR RESPECTIVE DIRECTORS,OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER THIS RESTRICTION OF REMEDIES SHALL.APPLY TO ALL SUITS,CLAIMS,ACTIONS,LOSSES,COSTS(INCLUDING ATTORNEY FEES)AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple copies,each of which shall be considered an original on the following dates: DATED this LL day of _ ,20/y CITY OF BOYNTON BEACH . - — IYWAA�!�� City Manager CONS ' TANT Attest/Authenticated: Title (Corporate Seal) City rk I Approve as to F _#ttes#/Authent' ted: Offi of the Ci, A rney Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 91 of 863 EXHIBIT"A" SCOPE D - FEE SCHEDULE FIRM: Calvin Giordano&Associates.Inc. UAT_E•Q7119/2018-REVISED PER NEGOTIATION MEETING p1 Hourly Personnel Gassiftcations Rate Principal $215.00 Prowect Manger „ $190.00 SeniorTransrtation Enmeer $175.00q Senior Trans urtation Planner $150.00 Senior Surveyor/Mapper $165.00 Engineer $130.001 Urban Designer $120.00 Transportation Planner $125.00 Environmental Soecialist $125.00 Engineering Technician $115.00 Inspector(transportation) $100.00 GIS Specialist $125.00 CADD/Technician $95.00 Transrtation PlanninTechmcian $100.00 Clerical/Administrative $75.00 Reimbursable Expenses: Direct costs such as postage,prints,delivery service will be billed at cost. Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-N Page 92 of 863 EXHIBIT"B" City of Boynton Beach Risk Management Department INS CE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Baynton Beach as Additional Insured. This is done by providing a Certificate oflon ance listing the City as"Certificate Holder' and"Ihe City of Boynton Beach is Additional IunmW as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M Best Co.of"B+^or higher.(NOTE., An insurance contract or hinder may he accepted as proof of insurance f Certifrcare is prov&W upon sekalon of vendor.) The following is a list of types of insunu rn required of contractors,lessees,etc.,and the limits required by the City; (NOTE: This list is not all loclmive,and the City reserva the right to require additional types of insurenee,or to rake or lower the stated limits,band upon identified risk) (Occurrence Based Only) _.. General Liability General Aggregate S 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Contracbm's Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence S 1,000,000.00 Professional Liability Fire Damage(any one fire) S 50,000.00 Employees&Officers Wed.Expense(any one person) S 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Prernisea Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit S 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange S 50,000.00 Non-Owned Autos PEP Basic Intermodal Garage Liability Auto Only,Each Accident S 1,00D,000.00 Any Auto Other Than Auto Only S 100,000.00 Garage Keepers Liability Each Accident S 1,1100,000.00 Aggregate $1,000,000.00 Excess Liability Eacb Occurrence to be determined Umbrella Form Aggregate to be determined WorWs Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease,Policy Limit S 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit S 300,000.00 Builder's Risk Limits based on project Cost Other- As Risk Identified to be determined Boynton Beach Vtilities-General Consulting Services V.5 CLEAN FINAL C'27 Page 93 of 863 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Dau: 1 Name of Firm: Office Location: 1. Service: ICheck One) 1❑ ftmo t ,sudy ActiAl , ori,Other ❑ Desi orteering Servicm/Preliminog Bid Document p Final Documest/Biddat ;Contractor Award p Construction Phase/Completion 2. Name of P%j_ect _j CONSTRUCTION CONTRACT DATA a +irteer's estimate: w Final Cost S n4Y d b.Substantial Construction Completion Date.M c. Final Construction fma letion Date: 6. OverallCheck One1 I f] Unsasisfactor �© Poor i ❑ , l3xcellerrt 7. 'Recommended for Future Contracts? ❑ € Yes ❑ Na ❑ Conditional �. �,_iG Ifodw than y ea provide detailed explanation on a m;—w-a sheet of pa r. r S. I Name,title,and office of rating officer ie a UtiHr F Director I ,9 Sn�twre of red officer• _. Boynton Beach Utilities-General Consulting Services VS CLEAN FINAL C-20 Page 94 of 863 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) DESIGNIENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 belric the hi Ihest score NIA 1. ThoroF h site invesation„ 1 2 11 4 5 2. llAeetin cost limitations 11 2�3 4 15 3. Dens n/results suitabil i 1 2 3 4 5 4. Coo rative&responsive 1 2 3 4 :5 5. Timeliness of � 2 3 4 submissions 5 w , 6. "Plans clear/detailed 1 2 3 4 5 .,w 7. i`PlanlspeC accurac .._ 1 2 3 - 4 _ 5 E mq _ Nu,d! u "Preliminary adminlstrative/kimited staff review/evaluation of levels of clarity,accuracy,and coordination between disciplines. Name and tide of ratina officer(e .Utilitles Directory Si nafure of rah officer: FINAL DOCUMENT PREPARATION,BID,&AWARD BY CONSULTANT Rate numerically I.to 5 with 5 bean the hI hest score NIA 1 5 afford cocoon 1� 2 F3 4 5 ?ro Spe com eteRhorough 1 2 3 4 5 v 3. Aocura of documerrts 1 2 3 4 5_ -4--, R uirementsmIga engineer's estimate 1 2 3 4 3 5 5. Coo xative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 1 _. onse to i uiries 1 —12 9. Bid evaluatiomaluafigl rrieliness 1 2 3 4 5 7 10. Response to buildin 8 : rmittinr agencies 1 2 3 4 5 Addendum rrreoaration aerrnit ephoations 12 ;3 4 5 t Name and title of ratin officer tU.Utilities Directors: � Suture_of ratm °ffcer Boynton Beach Utilities-General Consulting Services C-29V.S CLEAN FINAL Page 95 of 863 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS(CONTINUED) CONSTRUCTION PHASE COMPLETION Rats numerically 1 to 5 with S being the hi heat score NIA: 1. Drawin s Reflect True Conditions f 2 3 4 5 - 2. Plans/SAccurate/Coordinated 1 2 3 4 5 3. Design Construclabl 1 2 3 4 5 4. Tlmeiiness/Q of Process' Submittals 1 2 3 4 5 �� S. Prod YE u ent Selection Availabi� 1 2 3 4 5 �- 9 . . -j—T- 7. 6. Field Consultation and Imestr ations 1 2 3 4 5 7. 1 Qualm of Su rt Serrices 1 2 3 4 5 8. Overall Construction Contract Administration 12 3 4 5 9. r Proiect Closeout Documentation Review 1 1 2 �3.m 14 5 10. Validi of Claims for Extra Costs 1 2 3 1 4 5 . . 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all 1 2 3 4 5 Perm€tLrqj Ag 12. Did the Consultant actively participatein overcoming problems with the Contractor,Building 1 2 3 4 `5 Officials and/or RNylatofy Agencies? 13. Change Order Processing(Accuracy,Timeliness, 5 1 2 3 4 5 Documentation,etc.) 14. Did the Consultant exercise a � deyuateleffecting coordination and control of subconsultant(s)or 1 2 3 4 5 associate(s)work and Pa rk7 15 Proactive Participation in Resolution ofDilutes}7}7 1 12 3 4 5 1 Name and title of ratin officer a Utilities Director): Si nature of raticificar Boynton Beach Utilities-General Consulting 5eMces V.5 CLEAN FINAL C-30 Page 96 of 863 EXHIBIT"C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNINGISTUDY ACTNITY,REPORT,OTHER „ Rate numerically 1 to 5 with 5 bean the hi heat score NIA 1 J Thorough invest cation of s'duation or ai IV _._ 9 2 3 4 5 ® � - Coo attitude 1 2 1 3 14 5 3. Timeliness of submissions 1 2 3 4 5 nnns m . 4. Accuracy of documents 1 12 13 4 5 5. Did the Consultant offer cost saving solutions? 1 s 2 3 4 5 8 Did the Consultant actK*participate in problem 1 2 3 4 5 solving? 7 Overall results 11 3 4 5 g Name and title of ratin officer e. tldlrttes Director Si nature of rain officer. _� y Boynton Beach Utilities-GcnaW Consulting Services V.5 CLEAN FINAL C-31 Page 97 of 863 Greco-Arencibia, Adrianna From: Miller, Keyla Sent: Tuesday,January 28, 2020 11:56 AM To: Greco-Arencibia,Adrianna Cc: Javier, Andrea Subject: RE: Calvin, Giordano &Associates- FW:Task Order# UT-2D-02—Mangrove Park Boardwalk Demolition Plan and Survey Approved by Risk Management. Keyla Miller, MHA, ARM-P, CWC - Manager of Risk and Wellness Human Resources and Risk Management Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 RT Physical Address: 3301 Quantum Blvd., Suite 101 j Boynton Beach, Florida 33426 r 561-742-6271 pZ. b MillerK@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:Greco-Arencibia,Adrianna<Greco-ArencibiaA@bbfl.us> Sent:Tuesday,January 28, 202010:09 AM To:Certificate of Insurance<COI@bbfl.us> Cc:Miller, Keyla<MillerK@bbfl.us>;Javier,Andrea<JavierA@bbfl.us> Subject: Calvin, Giordano&Associates- FW:Task Order# UT-2D-02—Mangrove Park Boardwalk Demolition Plan and Survey Importance: High Good morning, Could you please review the attached Col and if it meets City requirements. Thank you Adrianna Greco-Arencibia a Assistant to Director Public Works/Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 4 , , Physical Address: 222 N.E. 9th Ave. ! Boynton Beach, Florida 33435 r 561-742-6596 .' 561-742-6211 - Greco-ArencibiaA@bbfl.us boynton-beach.org/ 1 Page 99 of 863 DATE(MMIDDIYYYY) ACC>Ro CERTIFICATE OF LIABILITY INSURANCE 1127!2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s. PRODUCER :.-. - FS.,�.Nrtl'Ai7.._..__...,....._........ .._.m. ..._ RBN Insurance Services PHONE FAX 303 E Wacker Dr Ste 650 ,_312-856-9400 �arcr��� 312-856-9426 E-MAIL Chicago IL 60601oeREssr ,rdelicrbninsurance cam _..... INS URE11pfiISIAFFORDINGCOYERAGE INSURER A:Hartford Fire Insurance Co 19682 INSURED SAFELLC-01 INSURER B:Navid ators Insurance COT aan 42307 .. Calvin, Giordano&Associates, Inc. 1800 Eller Drive rNsuRER c:Twin City Fire Insurance Co 29459 Suite 600 INSURER D:Great American E&S Ins.CO. 37532 Fort Lauderdale FL 33316 INSURER E: Hartford Casually Insurance Co 29424 INSURER F COVERAGES CERTIFICATE NUMBER:328158128 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. ,.ik§ .... .,.._...SU - iADbl'9T BR._ POLICY EFf POLICY EXP ... ....._._.Y..,.�._............. ..... TYPE OFINSURANCE 7.. POLICY NUMBER FMMt66 Y'Y�"YI tMMML1 D,'yVy,1 LIMITS A X COMMERCiALGENERAL LIABILITY I Y I i 83UENZV3951 1013!2019 10/3/2020 FACHOCCURRENCE $1,000,000 -DAMkSE 7 r Frr D _ ........... CLAIMS-MADE IF X I OCCUR I PREMISE&,Ea qr renoea. _.$300 DOD MED EXP(Any one Person) $10090 PERSONAL&ADV INJURY $,1,0000000 �� GEN"L AGGREGATE LIMIT APPLIES PER I GENERALAG GREGATE $2,000,090_ X POLICY 7-1JECOT- LOC PRODUCTB-COMPIOPAGG $2,000,000m ..m,.__, ..... l OTHER:_ _�Ammmmm --- ^ro =• COMBINEDSINGLELIMIT E AUTOMOBILE LIABILITY 83UENPY9100 14/3/2019 1 10/3/2020 $1,000000 X ANY AUTO BODILY INJURY(Per person) $ .._. OWNED ... SCHEDULED ............_....... ..... ._.._...., . .._... AUTOS ONLY AUTOS I BODILYINJURY{Peraccident) $ HIRED NON-OWNED PROPERTY DAMAGE X X lir mt,.�¢1i�nli I.......;,AUTOS ONLY { AUTOS ONLY - - $ B UMBRELLALIAB X OCCUR CH19EXC8856001V j 10/3/2019 10/3/2020 EACH OCCURRENCE $10,000090 X EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 -___.......�. .., ., l ........ .......... _ DED X RETENTION $ C WORKERS COMPENSATION 83WECE0623 5/12/2019 5N2J2020 X STATUTE ER" AND EMP LOYERS'LIABILITY YIN ( ANYPROPRIETORIPARTNERIEXECUTiVE - ( E.L EACH ACCIDENT i$1,000 009 � ...._.. OFFICERIMEMBEREXCLUDED? N 1 A 6 - (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,.000,000 YWescribe under DIPTION OF OPERATIONS below i E.L.DISEASE-POLICY LIMIT $1 000 000 D Professional LiabiliryTER285-99-95 16/3/2019 10/3/2020 Each ClaimlAggregate 9,000,009 I j I I DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may t attached if more spatula required) The City of Boynton Beach is additional insured as respects the general liability as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF BOYNTON BEACH 3301 QUANTUM BLVD- AUTHORIZED REPRESENTATIVE BOYNTON BEACH FL 33425 ©1968-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Page 101 of 863 6.B. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-029-Authorize the City Manager to sign the Disaster Relief Funding Agreement for Federal and State assistance for Hurricane Dorian between the City of Boynton Beach and State of Florida, Division of Emergency Management. Explanation of Request: To be eligible to receive disaster relief funding through the Federal Emergency Management Agency (FEMA), the agreement must be executed with the State of Florida because all federal disaster relief funding is distributed to the State then passed on to local municipalities who qualify. The Florida Public Assistance program is funded by a federal grant to aid state and local governments in returning a disaster area to pre- disaster conditions. A major disaster declaration designated FEMA-4468-DR-FL for the State of Florida as a result of Hurricane Dorian. The City has estimated approximately $500K to $1.OM that could be reimbursed by FEMA, incurred as a result of Hurricane Dorian. This is the first funding agreement FEMA has requested to be signed, there may or may not be additional ones as FEMA finishes their review process. How will this affect city programs or services? By executing the agreement, the City is eligible to receive federal financial assistance for cost incurred due to Hurricane Dorian. There may be additional funding agreements relating to Hurricane Dorian depending on the FEMA process. Fiscal Impact: Expenditures that occurred as a result of Hurricane Dorian may be eligible for federal financial assistance. Normally, a minimum of 75% of eligible costs is provided to primarily address protective measures, the repair and restoration of public facilities, infrastructure, or services which have been damaged or destroyed. The State and Local participation is up to 12.5% (each) of eligible cost. Overall the City anticipates receiving reimbursement in excess of$500K from FEMA for costs associated with Hurricane Dorian. Alternatives: Strategic Plan: Strategic Plan Application: Page 103 of 863 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Hurricane Dorian Funding Agreement D Addendum HR Dorian Signed Agreement Page 104 of 863 I RESOLUTION R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE 5 CITY MANAGER TO SIGN A DISASTER RELIEF 6 FUNDING AGREEMENT FOR FEDERAL AND STATE 7 ASSISTANCE FOR HURRICANE DORIAN BETWEEN 8 THE CITY OF BOYNTON BEACH AND THE STATE OF 9 FLORIDA, DIVISION OF EMERGENCY 10 MANAGEMENT; AND PROVIDING AN EFFECTIVE 11 DATE. 12 13 WHEREAS, FEMA's Public Assistance program is a federal grant to aid state and, 14 local governments in returning a disaster area to pre-disaster conditions; and 15 WHEREAS, to be eligible to receive disaster relief funding through the Federal 16 Emergency Management Agency, (FEMA),the agreement must be executed with the State of 17 Florida since all federal disaster relief funding is actually distributed to the State and then 18 passed down on to local municipalities who qualify; and 19 WHEREAS,upon recommendation of staff, the City Commission has determined 20 that it is in the best interests of the residents of the City to enter into a Disaster Relief Funding 21 Agreement between the City of Boynton Beach and the State of Florida, Division of 22 Emergency Management for assistance with Hurricane Dorian. 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The City Commission hereby approves and authorizes the City 30 Manager to sign a Disaster Relief Funding Agreement for Federal and State assistance for Page 105 of 863 31 Hurricane Dorian, a copy of the Agreement is attached hereto as Exhibit"A" 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of April, 2020. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 38 Mayor— Steven Grant 39 40 Commissioner—Justin Katz 41 42 Commissioner—Woodrow L. Hay 43 44 Commissioner— Christina L. Romelus 45 46 Commissioner— Ty Penserga 47 48 49 VOTE 50 ATTEST: 51 52 53 54 Crystal Gibson, MMC 55 City Clerk 56 57 58 59 (Corporate Seal) Page 106 of 863 Agreement Number: 21837 FEDERALLY-FUNDED SUBAWARD AND GRANT AGREEMENT 2 C.F.R. §200.92 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. §200.74, "pass-through entity' means "a non-Federal entity that provides a subaward to a Sub-Recipient to carry out part of a Federal program." As defined by 2 C.F.R.§200.93,"Sub-Recipient"means"a non-Federal entity that receives a subaward from a pass-through entity to carry out part of a Federal program." As defined by 2 C.F.R. §200.38, "Federal award" means "Federal financial assistance that a non- Federal entity receives directly from a Federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. §200.92, "subaward" means"an award provided by a pass-through entity to a Sub-Recipient for the Sub-Recipient to carry out part of a Federal award received by the pass-through entity." The following agreement is made and information is provided pursuant to 2 C.F.R. §200.331(a)(1): Sub-Recipient's name: Boynton Beach,City of Sub-Recipient's unique entity identifier: � 072247133 Federal Award Date: 10/21/2019 8/28/2019-4/21/2020 Subaward Period of Performance Start and End Date(Cat A-B): Subaward Period of Performance Start and End Date(Cat C-G): 8/28/2019-4/21/2021 Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub-Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub-Recipient , by the pass-through entity: Grant to Local Government for Federal award project description(see FFATA): Debris removal,emergency Protective measures and @pair or Replacement of disaster damaged facilities. Dept.of Homeland Security„ Name of Federal awarding agency: (DHS)Federal Emergency Management Agency(FEMA) 1 Page 107 of 863 Name of pass-through entity: Florida Division of Emer — Management(FDEM) Contact information for the pass-through entity: 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Catalog of Federal Domestic Assistance(CFDA)Number and Name: 97.036 Public Assistance Whether the award is R&D: NIA Indirect cost rate for the Federal award: See by 44 C.F.R.207.5(b)(4) 2 Page 108 of 863 THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the"Division"), and Boynton Beach,City of (hereinafter referred to as the"Sub-Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a Federal award,and the Sub-Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub-Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The Sub-Recipient, by its decision to participate in the FEMA PA Program, bears the ultimate responsibility for ensuring compliance with all applicable State and Federal laws, regulations and policies, and bears the ultimate consequences of any adverse decisions rendered by the Division, FEMA, or any other State and Federal agencies with audit, regulatory, or enforcement authority. C. The State of Florida received these grant funds from the Federal government, and the Division has the authority to subgrant these funds to the Sub-Recipient upon the terms and conditions outlined below, and, D. The Division, as the pass-through entity and fiduciary of such Federal funding, reserves the right to demand that the Sub-Recipient comply with all applicable State and Federal laws, regulations and policies,terminate reimbursements and take any and all other actions it deems appropriate to protect those funds for which it is responsible, including debt collections. E. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE,the Division and the Sub-Recipient agree to the following: (1) APPLICATION OF STATE-LAW TO THIS AGREEMENT 2 C.F.R. §200.302 provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance", applies to this Agreement. (2) LAWS, RULES REGULATIONS AND POLICIES a. Performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. As required by Section 215.971(1), Florida Statutes,this Agreement includes: i. A provision specifying a scope of work that clearly establishes the tasks that the Sub-Recipient is required to perform. ii. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing bythe Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. 3 Page 109 of 863 iii. A provision specifying the financial consequences that apply if the Sub- Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub-Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that any funds paid in excess of the amount to which the Sub-Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub-Recipient and the Division shall be governed by all applicable State and Federal laws, rules and regulations. Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) CONTACT a. In accordance with section 215.971(2), Florida Statutes,the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub-Recipient. As part of his/her duties, the Grant Manager for the Division shall: I. Monitor and document Sub-Recipient performance;and, ii. Review and document all deliverables for which the Sub-Recipient requests payment. b. The Division's Grant Manager for this Agreement is: 2555 Shumard Oak Blvd. Ste.360 Tallahassee, FL 32399-2100 Telephone: Email: c. The name and address of the Representative of the Sub-Recipient responsible for the administration of this Agreement is: 3 . Telephone: 0 10 Email: ALke, Lb,f V u d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative will be 4 Page 110 of 863 provided to the other party in writing via letter or electronic email. It is the Sub-Recipient's responsibility to authorize its users in the Recipient's grants management system. Only the Authorized or Primary Agents identified on the Designation of Authority (Agents) in Attachment D may authorize addition or removal of agency users. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in any number of counterparts, of which may be taken as an original. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. (7) SCOPE OF WORK. The Sub-Recipient shall perform the work in accordance with the Budget and Project List — Attachment A and Scope of Work, Deliverables and Financial Consequences — Attachment B of this Agreement. (8) PERIOD OF AGREEMENTIPERIOD OF PERFORMANCE. The Period of Agreement establishes a timeframe for all Sub-Recipient contractual obligations to be completed. This agreement will begin upon execution by both parties and shall end upon FEMA's closeout of the Sub-Recipient's account for this disaster, unless terminated earlier as specified elsewhere in this Agreement. This Agreement survives and remains in effect after termination for the herein referenced State and Federal audit requirements and the referenced required records retention periods. The Period of Performance is the timeframe during which the Sub-Recipient may incur new obligations to carry out the work authorized under this Agreement. In accordance with 2 C.F.R.§200.309, the Sub-Recipient may receive reimbursement under this Agreement only for allowable costs incurred during the period of performance. In accordance with section 215.971(1)(d), Florida Statutes, the Sub- Recipient may expend funds authorized by this Agreement only for allowable costs resulting from obligations incurred during the specified agreement period. The C.F.R. requirement is more restrictive and will take precedence over the State requirement. The period of performance for this agreement begins with the first day of the Incident Period for the disaster applicable to the agreement and ends six (6) months from the date of declaration for Emergency Work(Categories A$ B)or eighteen (18) months from the date of declaration for Permanent Work(Categories C-G), unless terminated earlier in accordance 5 Page 111 of 863 with the provisions of Paragraph (17) of this Agreement or extended in accordance with Attachment G Paragraph 5. If any extension request is denied by the Recipient, or is not sought by the Sub-Recipient, reimbursement is only available for eligible project costs incurred up to the latest approved extension. Failure to complete a project is adequate cause for the termination of funding for that project and requires reimbursement to the Recipient of any and all project costs. (9) FUNDING a. This is a cost-reimbursement Agreement, subject to the availability of funds. The amount of total available funding for this subgrant is limited to the amount obligated by FEMA for all projects approved for this sub-recipient for DR#4468-Hurricane Dorian. b. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes,or the Florida Constitution. c. Pursuant to Florida Revised Statute 252.37, unless otherwise specified in the General Appropriations Act, whenever the State accepts financial assistance from the Federal Government or its agencies under the Federal Public Assistance Program and such financial assistance is conditioned upon a requirement for matching funds, the State shall provide the entire match requirement for state agencies and one-half of the required match for grants to Local governments. The affected Local government shall be required to provide one-half of the required match prior to receipt of such financial assistance. d. The Executive Office of the Governor may approve a waiver,subject to the requirement for legislative notice and review under section 216.177, of all or a portion of the required match for public assistance projects for Local governments if the Executive Office of the Governor determines that such a match requirement cannot be provided,or that doing so would impose a documented hardship on the Local government,and if the Local government applies for the waiver within the first 18 months after the disaster is declared. e. The Division will reimburse the Sub-Recipient only for allowable costs incurred by the Sub-Recipient. The Recipient will provide funds on a cost reimbursement basis to the Sub-Recipient for eligible activities approved by the Recipient and FEMA, as specified in the approved Project Worksheets listed in Attachment A ("Budget and Project List"). The maximum reimbursement amount for each deliverable is also outlined in Attachment A of this Agreement. f. As required by 2 C.F.R. §200.415(a), any request for payment under this Agreement must include a certification,signed by an official who is authorized to legally bind the Sub-Recil2ient,which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true,complete, and accurate,and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious,or fraudulent information,or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud,false statements,false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." The Sub-Recipient must complete Attachment 6 Page 112 of 863 "D"by designating at least three agents to execute any Requests for Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. Attachment D must be completed electronically and submitted via email to rpa.heIp(a-)em.mAorida.com. After execution of this Agreement,the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. g. In the event the Sub-Recipient contacts have not been updated regularly and all three (3)Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE: This is very important because if contacts are not updated, notifications made from the grants management system may not be received and could result in failure to meet time periods to appeal a Federal determination. h. The Division will review all requests for reimbursement by comparing the documentation provided by the Sub-Recipient in the grants management system against a performance measure,outlined in Attachment B,Scope of Work, Deliverables,and Financial Consequences,that clearly delineates: i. The required minimum acceptable level of service to be performed;and, ii. The criteria for evaluating the successful completion of each deliverable. i. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a"performance goal',which is defined in 2 C.F.R.§200.76 as, "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. §200.301, that the Division and the Sub-Recipient"relate financial data to performance accomplishments of the Federal award." j. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub- Recipient for overtime expenses in accordance with 2 C.F.R. §200.430 ("Compensation—personal services")and 2 C.F.R.§200.431 ("Compensation fringe benefits"). If authorized by the Federal Awarding Agency, and if the Sub-Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness,failure of the employer to provide sufficient work,or other similar cause (see 29 U.S.C. §207(e)(2)), then the Division will treat the expense as a fringe benefit. 2 C.F.R. §200.431(a)defines fringe benefits as"allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub-Recipient-Employee agreement,or an established policy of the Sub-Recipient in affect at the time of the disaster event. 2 C.F.R. §200.431(b)provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family-related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: L They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including Federal awards; and, 7 Page 113 of 863 iii. The accounting basis(cash or accrual)selected for costing each type of leave is consistently followed by the non-Federal entity or specified grouping of employees. k. If authorized by the Federal Awarding Agency,then the Division will reimburse the Sub- Recipient for travel expenses in accordance with 2 C.F.R. §200.474. As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accordance with section 112.061, Florida Statutes,which includes submission of the claim on the approved state travel voucher. If the Sub-Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes(at the time of the execution of this agreement):$6 for breakfast,$11 for lunch,and$19 for dinner), then the Sub-Recipient must provide documentation that: i. The costs are reasonable and do not exceed charges normally allowed by the Sub-Recipient in its regular operations as a result of the Sub-Recipient's written travel policy; and, ii. Participation of the individual in the travel is necessary to the Federal award. I. The Division's Grant Manager, as required by section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the grant agreement period and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Sub-Recipient. m. As defined by 2 C.F.R. §200.53,the term"improper payment"means or includes: i. Any payment that should not have been made or that was made in an incorrect amount(including overpayments and underpayments)under statutory, contractual,administrative, or other legally applicable requirements;and, ii. Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment,any payment for a good or service not received(except for such payments where authorized by law), any payment that does not account for credit or applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (10) RECORDS a. As required by 2 C.F.R. §200.336, the Federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub-Recipient which are pertinent to the Federal award, in order to make audits,examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. Finally,the right of access is not limited to the required retention period but lasts as long as the records are retained. b. As required by 2 C.F.R. §200.331(a)(5), the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents,financial statements, papers,or other records of the Sub-Recipient which are pertinent to this Agreement, in order to make audits,examinations,excerpts,and transcripts. The right 8 Page 114 of 863 of access also includes timely and reasonable access to the Sub-Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by Florida Department of State's record retention requirements (Chapter 119, Florida Statutes)and by 2 C.F.R. §200.333, the Sub-Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement,for a period of five(5)years from the date of submission of the final expenditure report. The following are the only exceptions to the five (5)year requirement: i. If any litigation, claim, or audit is started before the expiration of the 5-year period, then the records must be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the Division or the Sub-Recipient is notified in writing by the Federal Awarding Agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with Federal funds must be retained for 5 years after final disposition. iv. When records are transferred to or maintained by the Federal Awarding Agency or pass-through entity, the 5-year retention requirement is not applicable to the Sub-Recipient. V. Records for program income transactions after the period of performance. In some cases, recipients must report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-Federal entity's fiscal year in which the program income is earned. vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable(such as computer usage chargeback rates or composite fringe benefit rates). d. In accordance with 2 C.F.R. §200.334, the Federal Awarding Agency must request transfer of certain records to its custody from the Division or the Sub-Recipient when it determines that the records possess long-term retention value. e. In accordance with 2 C.F.R. §200.335, the Division must always provide or accept paper versions of Agreement information to and from the Sub-Recipient upon request. If paper copies are submitted,then the Division must not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration,and remain readable. f. As required by 2 C.F.R. §200.303,the Sub-Recipient shall take reasonable measures to safeguard protected personal identifiable information and other information the Federal Awarding Agency 9 Page 115 of 863 or the Division designates as sensitive or the Sub-Recipient considers sensitive consistent with applicable Federal, State, Local, and Tribal laws regarding privacy and obligations of confidentiality. g. Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity,then,to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public Funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus,to the extent that the Government in the Sunshine Law applies to the Sub-Recipient based upon the funds provided under this Agreement, the meetings of the Sub-Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. h. Florida's Public Records Law provides a right of access to the records of the State and Local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency(or a private entity acting on behalf of such an agency), in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge, qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity,the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. i. The Sub-Recipient shall maintain all records for the Sub-Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs,in a form sufficient to determine compliance with the requirements and objectives of the Budget and Project List—Attachment A, Scope of Work —Attachment B, and all other applicable laws and regulations. 10 Page 116 of 863 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDIT$ a. The Sub-Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart F. b. In accounting for the receipt and expenditure of funds under this Agreement,the Sub- Recipient shall follow Generally Accepted Accounting Principles("GAAP"). As defined by 2 C.F.R.§200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB)and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub-Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R.§200.50, GAGAS,"also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States,which are applicable to financial audits." d. If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement,the Sub-Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty days after the Division has notified the Sub-Recipient of such non-compliance. e. The Sub-Recipient shall have all audits completed by an independent auditor,which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audit must be received by the Division no later than nine months from the end of the Sub-Recipient's fiscal year. f. The Sub-Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub-Recipient, to the Division at the following address: DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub-Recipient shall send the Single Audit reporting package and Form SF-SAC to the Federal Audit Clearinghouse by submission online at: hftp:liharvester.census.gov/fac/col lect/ddei ndex.html 11 Page 117 of 863 h. The Sub-Recipient shall send any management letter issued by the auditor to the Division at the following address: DEMSingle—Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12) REPORTS a. Consistent with 2 C.F.R. §200.328, the Sub-Recipient shall provide the Division with quarterly reports and any applicable close-out reports. These reports shall include the current status and progress by the Sub-Recipient in completing the work described in the Scope of Work--Attachment B and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. Reporting Time Subgrantee Period Report Submittal Quarter 1 October 1 — December 31 ;Q1 January 15 ; Quarter 2 - 22 January 1 — March 31 April 15 Quarter 3 Q3 April 1 —June 30 July 15 Quarter 4 July 1 — September 30 October 15 b. Quarterly reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31,June 30, September 30 and December 31. c. The closeout report is due sixty(60)days after termination of this Agreement or sixty (60)days after completion of the activities contained in this Agreement,whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division,then the Division maywithhold further payments until theyare completed or may take other action as stated in Paragraph (16)REMEDIES. "Acceptable to the Division"means that the work product was completed in accordance with the Budget and Project List—Attachment A,and Scope of Work—Attachment B. e. The Sub-Recipient shall provide additional program updates or information that may be required by the Division. 12 Page 118 of 863 f. The Sub-Recipient shall provide additional reports and information identified in Public Assistance Program Guidance—Attachment G, and as required by FEMA or the Division. (13) MONITORING, a. The Division shall monitor the performance of the Sub-Recipient under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement,to ensure that time schedules are being met,the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods,and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, on-site visits by Division staff, limited scope reviews, and/or other procedures. The Sub-Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that an audit of the Sub-Recipient is appropriate, the Sub-Recipient agrees to comply with any additional instructions provided by the Division to the Sub- Recipient regarding such audit. The Sub-Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division will monitor the performance and financial management by the Sub-Recipient throughout the contract term to ensure timely completion of all tasks. (14) LIABILITY a. Unless Sub-Recipient is a State agency or subdivision,as defined in section 768.28(2) Florida Statutes, the Sub-Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement.As authorized by section 768.28(19),Florida Statutes,Sub-Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement,Sub-Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. As required by section 768.28(19), Florida Statutes, any Sub-Recipient which is a State agency or subdivision,as defined in section 768.28(2), Florida Statutes,agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division and agrees to be Gable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Sub-Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a State agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (15) DEFAULT If any of the following events occur("Events of Default"), all obligations on the part of the Division to make further payment of funds shall terminate and the Division has the option to exercise any 13 Page 119 of 863 of its remedies as set forth in Paragraph (16); however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment if: a. Any warranty or representation made by the Sub-Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub- Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; b. Material adverse changes occur in the financial condition of the Sub-Recipient at any time during the term of this Agreement,and the Sub-Recipient fails to cure this adverse change within thirty days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete or insufficient information; or, d. The Sub-Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16) REMEDIES If an Event of Default occurs,then the Division shall, after thirty calendar days of providing written notice to the Sub-Recipient and upon the Sub-Recipient's failure to cure within those thirty days, exercise any one or more of the following remedies, either concurrently or consecutively: a. Terminate this Agreement, provided that the Sub-Recipient is given at least thirty days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail-retum receipt requested, to the address in paragraph (3)herein; b. Begin an appropriate legal or equitable action to enforce performance of this Agreement; c. Withhold or suspend payment of all or any part of a request for payment; d. Require that the Sub-Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds. e. Exercise any corrective or remedial actions,to include but not be limited to: I. Request additional information from the Sub-Recipient to determine the reasons for or the extent of non-compliance or lack of performance; ii. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Sub-Recipient to suspend, discontinue or refrain from incurring costs for any activities in question; or, iv. Require the Sub-Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; 14 Page 120 of 863 f. Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement orfails to insist on strict performance by the Sub-Recipient, it will not affect,extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Sub-Recipient. (17)TERMINATION a. The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Sub-Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. b. The Division may terminate this Agreement for convenience or when it determines, in its sole discretion,that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Sub-Recipient with thirty(30)days prior written notice. c. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. d. In the event that this Agreement is terminated, the Sub-Recipient will not incur new obligations for the terminated portion of the Agreement after the Sub-Recipient has received the notification of termination. The Sub-Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Sub-Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub-Recipient. The Division may,to the extent authorized by law,withhold payments to the Sub-Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub-Recipient is determined. (18)PROCUREMENT a. The Sub-Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable Federal and State laws and regulations, to include 2 C.F.R. §§200.318 through 200.326 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non-Federal Entity Contracts Under Federal Awards"). Additional requirements,guidance, templates and checklists regarding procurement may be obtained through the FEMA Procurement Disaster Assistance Team. Resources found here: hfL)s://www fema-iov/��rocurement-disaster assistance team b. If the Sub-Recipient contracts with any contractor or vendor for performance of any portion of the work required under this Agreement,the Sub-Recipient must incorporate into its contract with such contractor or vendor an indemnification clause holding the Federal Govemment, its employees and/or their contractors,the Division, its employees and/or their contractors, and the Sub-Recipient and its 15 Page 121 of 863 employees and/or their contractors harmless from liability to third parties for claims asserted under such contract. c. The Sub-Recipient must document in the Quarterly Report the contractor's progress in performing its work on its behalf under this Agreement in addition to its own progress. d. All contracts must conform to the uniform standards for procurement found in 2 C.F.R§§200.317-.326 and Appendix II, as well as§287.057 and§288.703, Florida Statutes. (19) PAYMENTS a. Requests for Reimbursement (RFR) serve as invoices for the purposes of section 215.422, Florida Statutes and shall include the supporting documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final RFR shall be submitted within thirty (30) days after the expiration date of the agreement or completion of applicable Project, whichever occurs first. b. If the necessary funds are not available to fund this Agreement, as a result of action by the United States Congress,the Federal Office of Management and Budgeting,the State Chief Financial Officer or under subparagraph (9)b of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub-Recipient shall submit its closeout report within thirty(30)days of receiving notice from the Division. (20)EXPEDITED PROJECTS The Division and FEMA have established an Expedited Projects Program in order to help affected counties, municipalities, and private-non-profits recover from Hurricane Dorian. This program provides funding for 50% of the eligible scope of work for project versions of one Expedited Category A project and one Expedited Category B project. These amounts will be subject to the cost sharing requirements applicable for the disaster. a. PROGRAM REQUIREMENTS Each eligible Sub-Recipient can request to include one (1) Category A: Debris Removal project and one (1)Category B: Emergency Protective Measures project in this expedited program. The work claimed must have been performed within the following dates: August 28-September 11,2019. For Category A and Category_B work must have been performed within the first 15 days of the disaster. -®�. .. ��.e ...ri .y FEMA makes the final eligibility determination regarding project work and costs under the Expedited Program. In order to be eligible for this funding,these projects must be a`large"project with eligible scope of work totaling$131,100 or more. Activities not eligible for Expedited Projects are private property debris removal activities for Category A. b. FUNDING Funding will be provided at 50% of estimated costs incurred through an eligible scope of work for an included project,during the time period of 45 days. Any and all expedited projects will ultimately require a full validation through the grants management process for all costs incurred. 16 Page 122 of 863 c. PARTICIPATION NOTIFICATION The Sub-Recipient is responsible for notifying the State Public Assistance Officer(SPAO) of its intent to participate in the program. The Sub-Recipient notifies the SPAO by submitting the notification of their intention to participate via email to ExpeditedProjects@em.myflorida.com. The SPAO will then notify the FEMA Program Delivery Manager(PDMG)who will be assigned to the eligible Sub-Recipient. Once that email correspondence is made, the project development will be tracked through Grants Portal and all payments will be made using the workflows in Florida PA. (21)ADVANCE PAYMENTS Any advance payment made under this Agreement is subject to 2 C.F.R. §200.305 and, as applicable, section 216.181(16), Florida Statutes. All advances are required to be held in an interest- bearing account unless otherwise governed by program specific waiver. If an advance payment is requested,the budget data upon which the request is based and ajustification statement shall be submitted along with this agreement at the time of execution by completing Justification of Advance Payment — Attachment K. The request will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier within thirty(30)days,along with any interest earned on the advance. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. (22)REPAYMENTS, a. All refunds or repayments due to the Division under this agreement are due no later than thirty(30)days from notification by the Division of funds due. b. As a condition of funding under this Agreement, the Sub-Recipient agrees that the Recipient may withhold funds otherwise payable to the Sub-Recipient from any disbursement to the Recipient, by FEMA or any other source, upon a determination by the Recipient or FEMA that funds exceeding the eligible costs have been disbursed to the Sub-Recipient pursuant to this Agreement or any other funding agreement administered by the Recipient. The Sub-Recipient understands and agrees that the Recipient may offset any funds due and payable to the Sub-Recipient until the debt to the State is satisfied. In such event, the Recipient will notify the Sub-Recipient via the entry of notes in its grants management system. c. All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management", must include the invoice number and the applicable Disaster and Project number(s)that are the subject of the invoice, and be mailed directly to the following address: 17 Page 123 of 863 Division of Emergency Management Cashier 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 d. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, the Sub-Recipient shall pay the Division a service fee of$15.00 or 5%of the face amount of the returned check or draft;whichever is greater. (23)MANDATED CONDITIONS a. The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Sub-Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of the said information,representations,and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with thirty(30)days written notice to the Sub-Recipient,cause the termination of this Agreement and the release of the Division from all its obligations to the Sub-Recipient. b. This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. c. Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. d. The Sub-Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101-336,42 U.S.C. Section 12101 et geq.),which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and Local government services, and telecommunications. e. Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminates vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. f. Any Sub-Recipient which receives funds under this Agreement from the Federal government, certifies,to the best of its knowledge and belief,that it and its principals: 18 Page 124 of 863 i. Are not presently debarred, suspended, proposed for debarment. declared ineligible, or voluntarily excluded from covered transactions by a Federal department or agency; ii. Have not, within a five-year period preceding this proposal, been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local)transaction or contract under public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any offenses enumerated in paragraph (22)f. ii. of this certification;and, iv. Have not,within a five-year period preceding this Agreement, had one or more public transactions (Federal, State or Local)terminated for cause or default. g. If the Sub-Recipient is unable to certify to any of the statements in this certification, then the Sub-Recipient shall attach an explanation to this Agreement. h. In addition,the Sub-Recipient shall send to the Division(by email to the assigned grant manager) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion"-Attachment C for the Sub-Recipient and a screenshot reflecting such self-check via the Federal System for Award Management(SAM) clearinghouse through the website www.s.am. oy. Sub-Recipient shall also perform this check for any and all intended contractor or subcontractor which Sub-Recipient plans to fund under this Agreement. A screenshot of the clearinghouse results for each intended contractor or subcontractor should be maintained by the Sub-Recipient and provided to the Division upon request. The check must be completed before the Sub-Recipient enters into a contract covering the scope of work outlined in the PWs with any contractor or subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub- Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, which the Sub-Recipient created or received under this Agreement. j. If the Sub-Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount unless otherwise governed by program specific waiver. k. The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e)of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e)of the INA. Such violation by the Sub-Recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. 1. Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision 19 Page 125 of 863 granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. This provision is only applicable to subrecipients receiving a state cost share. m. The Division 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. (24) LOBBYING PROHIBITION a. 2 C.F.R. §200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature,the judicial branch, or a state agency." c. No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any State agency. d. The Sub-Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Sub-Recipient,to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. H. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the Sub-Recipient shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. iii. The Sub-Recipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements)and that all Sub-Recipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for 20 Page 126 of 863 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. (25)COPYRIGHT.PATENT AND TRADEMARK, EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB-RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub-Recipient has a pre-existing patent or copyright, the Sub-Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. b. If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement,or in any way connected with it,the Sub-Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection In its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books,manuals,films,or other copyrightable material are produced,the Sub-Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub-Recipient to the State of Florida. c. Within thirty days of execution of this Agreement, the Sub-Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub-Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub-Recipient qualifies as a state university under Florida law,then, pursuant to section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Sub- Recipient shall become the sole property of the Sub-Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully- paid, nonexclusive license,for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Sub-Recipient, under this Agreement, for Florida government purposes. (26) LEGAL AUTHORIZATION The Sub-Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. 21 Page 127 of 863 The Sub-Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub-Recipient to the terms of this Agreement. (27)NONDISCRIMINATION BY CONTRACTORS Pursuant to 44 C.F.R. §§7 and 16, and 44 C.F.R. §206.11,the Sub-Recipient must undertake an active program of nondiscrimination in its administration of disaster assistance under this Agreement. The Sub-Recipient is also subject to the requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible Contractors, in accordance with 44 C.F.R. § 17. (28)ASSURANCES The Sub-Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (29)DUPLICATION OF BENEFITS PROHIBITED a. The Sub-Recipient understands it may not receive funding under this Agreement to pay for damage covered by insurance, nor may the Sub-Recipient receive any other duplicate benefits from any source whatsoever. b. The Sub-Recipient agrees to reimburse the Recipient if it receives any duplicate benefits, from any,source, for any damage identified on the applicable Project Worksheets, for which the Sub-Recipient has received payment from the Recipient. c. The Sub-Recipient agrees to notify the Recipient in writing within thirty(30)days of the date it becomes aware of the possible availability of,applies for,or receives funds, regardless of the source,which could reasonably be considered as duplicate benefits. d. In the event the Recipient determines the Sub-Recipient has received duplicate benefits, the Sub-Recipient gives the Grantee/Recipient the express authority to offset the amount of any such duplicate benefits by withholding them from any other funds otherwise due and payable to the Sub- Recipient,and to use such remedies as may be available administratively or at law to recover such benefits. (30)ATTACHMENTS a. All attachments to this Agreement are incorporated as if set out fully. b. In the event of any inconsistencies or conflict between the language of this Agreement and the attachments,the language of the attachments shall control, but only to the extent of the conflict or inconsistency. c. This Agreement has the following attachments: L Exhibit 1 - Funding Sources ii. Attachment A—Budget and Project List iii. Attachment B—Scope of Work, Deliverables, and Financial Consequences iv. Attachment C—Certification Regarding Debarment 22 Page 128 of 863 V. Attachment D—Designation of Authority Vi. Attachment E—Statement of Assurances vii. Attachment F— Election to Participate in PA Alternative Procedures(PAAP) viii. Attachment G—Public Assistance Program Guidance ix. Attachment H—FFATA Reporting X. Attachment I—Mandatory Contract Provisions A. Attachment J—DHS OIG Audit Issues and Acknowledgement xii. Attachment K—Justification of Advance Payment 23 Page 129 of 863 Agreement Number: 21637 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB-RECIPIENT: Boynton Beach,City of By: Name and title: Date: , ; FEID# 59-6000282 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Jared Moskowitz, Director Date: 24 Page 130 of 863 EXHIBIT—1 FUNDING SOURCES THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB-RECIPIENT UNDER THIS AGREEMENT: Federal Program Federal agency: Federal Emergency Management Agency: Public Assistance Program Catalog of Federal Domestic Assistance: 97.036 Amount of Federal Funding: $ THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: • 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards • 44 C.F.R. Part 206 The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended,42 U.S.C. 5121 et seq., and Related Authorities FEMA Public Assistance Program and Policy Guide, 2018 V3.1-effective for all emergencies and major disasters declared on or after August 23, 2017. o Link here: https://www.fama.gov/media-library/assets/documents/111781 Federal Program: 1. Sub-Recipient is to use funding to perform eligible activities in accordance with the Stafford Act, FEMA Public Assistance Program and Policy Guide,2018V3.1 and approved Project Worksheet(s) (PW). Eligible work is classified into the following categories: Emergency Work Category A: Debris Removal Category B: Emergency Protective Measures Permanent Work Category C: Roads and Bridges Category D:Water Control Facilities Category E: Public Buildings and Contents Category F: Public Utilities Category G: Parks, Recreational, and other Facilities 2. Sub-Recipient is subject to all administrative and financial requirements as set forth in this Agreement or will be in violation of the terms of the Agreement. 25 Page 131 of 863 « ; : cn k k : � . LU 0 . a � %ƒ ( iIL o : �� ( iCL , ( CD 1c, (D } � ° } Q — ( eLL 0 C: . } � . a: a R . 8 , CD 0 OD M LJ 2 \( . :3kn � a » « 0) 9 Vii & ( c ' m q 2 k IL �k © g 2 %/ " ItE e ■ o @ ;�29t � � _ � � - �¢ « � � � � P . . m — $ 0a) c �:5 CD CO 0 =( © in �CLk .:. cm (Da) > � � ■ ; � �/ 2 cc^ ; g 0R � a k � ■ � . $ . � tmF r : f ECD E 2 @ � a) o ; An M LL o § \ CD 2 . off ) 3 k -o ■»�{ � m ; v \ kk / \k�� Page 132 0 863 Attachment B SCOPE OF WORK, DELIVERABLES and FINANCIAL CONSEQUENCES Scope of Work FEMA has sole authority for determining eligibility of project activities and associated costs. The sub- recipient is required to complete all eligible Projects and submit appropriate supporting documentation for all work and costs, as approved by FEMA. When FEMA has obligated funding for a Sub-Recipient's PW, the Division notifies the Sub-Recipient with a copy of the PW(or P2 Report). Budget and Project List—Attachment A of this Agreement will be modified quarterly, as necessary, to incorporate new PWs or PW versions. For the purpose of this Agreement, each Project will be monitored, completed and reimbursed independently of the other Projects which are made part of this Agreement. Deliverables For the purposes of this agreement,each project will be a standalone deliverable but may be compensated incrementally based on the Sub-recipient's expenditures. The required performance level is satisfactory completion of the project as identified in the Scope of Work, the approved PW, and subsequent PW versions, if applicable. Large Project Deliverables Reimbursement requests will be submitted separately for each Large Project. Any request for reimbursement shall provide adequate, well organized and complete source documentation to support all costs related to the Project. Requests and associated documentation which do not conform will be returned to the Sub-Recipient prior to acceptance for payment. Reimbursement up to 100% of the total eligible amount will be paid upon acceptance and is contingent upon: • Timely submission of Quarterly Reports(due 15 days after end of each quarter). • Timely submission of invoices(Requests for Reimbursement)and supported by documentation for all costs of the project or services in detail sufficient for a proper pre-audit and post-audit thereof. The final invoice shall be submitted within sixty (60) days after the expiration of the agreement or completion of the project, whichever occurs first. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Sub-Recipient's quarterly reporting as referenced in Paragraph 7 of this agreement. Adjustments to the invoicing schedule must be approved in advance in writing by the Division Grant Manager. • Timely submission of Request for Final Inspection (within ninety(90)days of project completion— for each project). • Sub-Recipient shall include a sworn Affidavit or American Institute of Architects(AIA)forms G702 and G703, as required below. o A. Affidavit. The Sub-Recipient is required to submit an Affidavit signed by the Sub- Recipient's project personnel with each reimbursement request attesting to the following: the percentage of completion of the work that the reimbursement request represents, that disbursements or payments were made in accordance with all of the Agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. o B. AIA Forms G702 and G703. For construction projects where an architectural, engineering or construction management firm provides construction administration services, the Sub-Recipient shall provide a copy of the American Institute of Architects (AIA)form G702,Application and Certification for Payment,or a comparable form approved by the Division, signed by the contractor and inspection/certifying architect or engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by the Division. 27 Page 133 of 863 Small Projects Deliverables Small projects will be paid upon obligation of the Project Worksheet and execution of the subgrant agreement. Sub-Recipient must initiate the Small Project Closeout in the grants management system within thirty(30)days of completion of the project work,or no later than the period of performance end date. Small Project Closeout is initiated by logging into the grants management system, selecting the Sub-Recipient's account, then selecting 'Create New Request', and selecting 'New Small Project Completion/Closeout'. Complete the form and'Save'. The final action is to advance the form to the next queue for review. Financial.Cons uences; 2 CFR 200.338 and Section 215.971, Florida Statute, requires the Division, as the recipient of Federal funding,to apply financial consequences, including withholding a portion of funding up to the full amount in the event that the Sub-Recipient fails to be in compliance with Federal, State, and Local requirements, or satisfactorily perform required activities/tasks. For any Project(PW)that the Sub-Recipient fails to complete in compliance with Federal, State and Local requirements,the Division shall withhold a portion of the funding up to the full amount until such compliance is either ultimately obtained or the project is deobligated by FEMA and/or withdrawn. The Division shall apply the following financial consequences in these specifically identified events: Work performed outside the Period of Performance— Based on 2 C.F.R. Section 200.309, a Sub-Recipient may be reimbursed only for eligible costs incurred for work performed within the period of performance. Costs incurred as a result of work performed outside of the period of performance will be deemed not allowable and ineligible for reimbursement by the Division as a financial consequence. If the Sub-Recipient does not anticipate finishing the work within the original period of performance,it must request a time extension and support that the work cannot be timely completed due to extenuating circumstances beyond the Sub-Recipient's control (Attachment G). Additionally, if the project is not completed within the period of performance and a time extension request was not granted,the Division will coordinate with the Federal Awarding Agency to adjust the costs obligated amount to reflect the actual allowable costs incurred during the period of performance as a financial consequence. Failure to timely submit quarterly reports--Pursuant to 2 C.F.R.Section 328,the Division is responsible for oversight of the operations of the Federal award supported activities. Section 215.971, Florida Statutes provides the Division must monitor the activities performed under Federal awards to assure compliance with applicable Federal and State requirements and gain assurances that performance expectations are being achieved. Paragraph (12) of the subgrant agreement also requires the Sub-Recipient to submit a quarterly report that identifies the progress made on the project and will at a minimum include details regarding the status of all work in progress,work that has been completed, and work that has yet to begin. These reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. In the event that a Sub-Recipient fails to timely submit this quarterly report, the Division will: • Withhold $500.00 from the next approved and final payment/payable for each project not reflected on a timely submitted Quarterly Report. 28 Page 134 of 863 Failure to timely submit Requests for Final Inspection- The submission of a request for Final Inspection is due within ninety (90) days of project completion for each project.In the event a Sub-Recipient fails to timely Request a Final Inspection,the Division will enforce the following: Withhold any and all final and approved payments/payables for each project for which a Request for Final Inspection is not timely submitted. o Once the Request for Final Inspection is received, such funds will be released and paid to the Sub-Recipient. The Division retains the right to impose financial consequences for instances of non-performance or non- compliance not specifically addressed in this section. 29 Page 135 of 863 Attachment C CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION With respect to any Sub-recipient other than a State agency or political subdivision of the State, which receives funds under this Agreement from the Federal government,to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; 2. Have not within the five-year period preceding entering into this Agreement had one or more public transactions(Federal, State,or Local)terminated for cause or default; and 3. Have not within the five-year period preceding entering into this proposal been convicted of or had a civil judgment rendered against them for: a) the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State, or Local)transaction or a contract under public transaction, or b) violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property. The Sub-recipient understands and agrees that the language of this certification must be included in the award documents for all subawards at all tiers (including subcontracts, subgrents, contracts under grants, loans, and cooperative agreements)and that all contractors and sub-contractors must certify and disclose accordingly. The Sub-recipient further understands and agrees that this certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Sub-recipient further understands that submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification is subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. L_ , ,4 Signature Sub-Rcipints Name Name and Title DEM Contract Number r + Street Address FEMA Project Number a ` City, Ste ,Zip e Date 30 Page 136 of 863 Attachment D DESIGNATION OF AUTHORITY The Designation of Authority Form is submitted with each new disaster or emergency declaration to provide the authority for the Sub-Recipient's Primary Agent and Alternate Agent to access the grants management system in order to enter notes, review notes and documents, and submit the documentation necessary to work the new event. The Designation of Authority Form is originally submitted as Attachment "D"to the PA Funding Agreement for each disaster or emergency declaration. Subsequently,the Primary or Alternate contact should review the agency contacts at least quarterly. The Authorized Representative can request a change in contacts via email to the State team; a note should be entered in the grants management system if the list is correct. Contacts should be removed as soon as they separate, retire, or are reassigned by the Agency. A new form will only be needed if all authorized representatives have separated from your agency. Note that if a new Designation form is submitted,all Agency Representatives currently listed as contacts that are not included on the updated form will be deleted from the grants management system as the contacts listed are replaced in the system, not supplemented. All users must log in on a monthly basis to keep their accounts from becoming locked. Note:a designation of authority is NOT a delegation of authority. A signatory must have an attached delegation of authority as appropriate. Instructions for Completion Complete the form in its entirety,listing the name and information for all representatives who will be working in the grants management system. Users will be notified via email when they have been granted access. The user must log in to the grants management system within twelve (12) hours of being notified or their account will lock them out. Each user must log in within a sixty(60) day time period or their account will lock them out. In the event you try to log in and your account is locked, submit a ticket using the Access Request link on the home page. The form is divided into twelve blocks;each block must be completed where appropriate. Block 1: "Authorized Agent'—This should be the highest authority in your organization who is authorized to sign legal documents on behalf of your organization. (Only one Authorized Agent is allowed, and this person will have full access/authority unless otherwise requested). Block 2: "Primary Agent" — This is the person designated by your organization to receive all correspondence and is our main point of contact. This contact will be responsible for answering questions, uploading documents, and submitting reports/requests in the grants management system. The Primary Agent is usually not the Authorized Agent but should be responsible for updating all internal stakeholders on all grant activities. (Only one Primary Agent is allowed, and this contact will have full access). Block 3: "Alternate Agent"—This is the person designated by your organization to be available when the Primary is not. (Only one Alternate Agent is allowed, and this contact will have full access). Block 4, 5, and 5: "Other' (Finance/Point of Contact, Risk Management-Insurance, and Environmental- Historic). Providing these contacts is essential in the coordination and communication required between State and Local subject matter experts. We understand that the same agent may be identified in multiple blocks, however we ask that you enter the name and information again to ensure we are communicating with the correct individuals. Block 7—12: "Other' (Read Only Access)—There is no limit on "Other" contacts, but we ask that this be restricted to those that are going to actually need to log in and have a role in reviewing the information. This designation is only for situational awareness purposes as individuals with the "Other Read-Only' designation cannot take any action in the grants management system. 31 Page 137 of 863 DESIGNATION OF AUTHORITY(AGENTS) FEMA/GRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Bog 1: Authorized A ant(V"ull Access) Bog 2: Prima Agent ti ull Access) Agent's Name - _ - - Agent's Name `; ti 5 V Signature Signature Organisation/Official Position Organization/Official Position Mailing Address = Mailing Address y� City,State,Zip City,State,Zip Daytime Telephone ;z y Daytime Telephone , 1 .. Y E-mail Address , 9 / m E-mail Address ..•nom �"µf.F 4_�� '' Y'^+. '�-'.✓ � "^ � c U 3 4� t' Box 3: Alternate Agent(Full Access) Bog 4: Other-Finance/Point of Contact(Fu] Access)) Agent's Name Official's Name f �,. t^. 4 tai�=y ;��-�.;F� �r'wy`�.;._ �•-..5#'w„ ; s t.,i Signature Signature W" Organization/Official Position Organization/Official Position Mailing Address Mailing Address o � " . ggggg�g�g �_ w , City,State,Zip City,State,Zip i Daytime Telephone Daytime Telephone . E-mail Address E-mail Address t Bog 5: Other-Risk Mgmt-Insurance(Full Access) Bog 6: Other-Environmental-Historic(Full Access) Agent's Name Agent's Name Signature Signature i Organization/Official Position Organization/Official Position i Mailing Address Mailing Address City,State,Zip City,State,Zip Daytime Telephone Ila ., ytmt ep Daytime Telephone E-mail Address E-mail Address w�u The above Primary and Alternate Agents are hereby authorized to execute and file an Application for Public Assistance on behalf of the Sub-i tee-forth. purpose of obtaining certain Grantee and Federal financial assistance under the Robert T.Stafford Disaster Relief&Emergency Assistance Act,(Public Law 93-288 as amended)or otherwise available.These agents are authorized to represent and act for the Sub-Grantee in all dealings with the State of Florida, Grantee,for all matters pertaining to such disaster assistance previously signed and executed by the Grantee and Sub-grantee.Additional contacts may be placed on page 2 of this document for read only access by the above Authorized Agents. Sub-Grantee Authorized Agent Signature Date 32 Page 138 of 863 DESIGNATION OF AUTHORITY(AGENTS) FENWGRANTEE PUBLIC ASSISTANCE PROGRAM FLORIDA DIVISION OF EMERGENCY MANAGEMENT Sub-Grantee: Date: Boz 7: Other (Dead Onlj Access) Box 8: Other 0,Read Ont,,.3 Access) Agent's Name Agent's Name Signature Signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address City,State,Zip city,state,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Boz 9: Other (Read Only Access) Box 10: Other (Read Only Access) Agent's Name Official's Name Signature Signature Organization/Official Position Organization I Official Position Mailing Address Mailing Address .......... City,State,Zip city,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Box 11: Other (Read Only Access) Box 12: Other (Read Only Access) Agent's Name Agent's Name Signature signature Organization/Official Position Organization/Official Position Mailing Address Mailing Address 7......... ........... City,State,Zip City,State,Zip Daytime Telephone Daytime Telephone E-mail Address E-mail Address Sub-Grantee's Fiscal Year 07Y)Start-. Month: 1..)P-V,Day; , 11.1.1..._.._.®_ .... 11-111.......................... Sub-Grantee's Federal Employer's Identification Number(EIN) ?. ..................... Grantee Cognizant Agency for Single Audit Purposes: Florida Division of Emergency Management --—-------------- Sub-Grantee's: FIDS Number(If Known) 0 Clcl- 0 719 NOTE. This form should be reviewed and necessary updates should be made each quarter to maintain efficient communication and continuity throughout staff turnover.Updates may be made by email to the state team assigned to your account A new form will only be needed if all authorized representatives have separated from your agency.Be aware that submitting a now Designation of Authority affects the contacts that have been listed on previous Designation forms in that the information in FloridaPA.org will be updated and the contacts listed above will replace,not supplement,the contacts on the previous list. 33 Page 139 of 863 Attachment E STATEMENT OF ASSURANCES 1} The Sub-Recipient hereby certifies compliance with all Federal statutes, regulations, policies, guidelines, and requirements, including but not limited to OMB Circulars No.A-21,A-87,A-110,A- 122,and A-128; E.O. 12372;and Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards, 2 C.F.R. Part 200;that govern the application, acceptance and use of Federal funds for this Federally-assisted project. 2) Additionally, to the extent the following provisions apply to this Agreement, the Sub-Recipient assures and certifies that: a. It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; that a resolution, motion, or similar action has been duly adopted or passed as an official act of the Sub-Recipient's governing body,authorizing the filing of the application, including all understandings and assurances contained therein,and directing and authorizing the person identified as the official representative of the Sub- Recipient to act in connection with the application and to provide such additional information as may be required. b. To the best of its knowledge and belief the disaster relief work described on each Federal Emergency Management Agency (FEMA) Project Application for which Federal Financial assistance is requested is eligible in accordance with the criteria contained in 44 C.F.R. §206, and applicable FEMA policy documents. c. The emergency or disaster relief work therein described for which Federal Assistance is requested hereunder does not, or will not, duplicate benefits available for the same loss from another source. 3) The Sub-Recipient further assures it will: a. Have sufficient funds available to meet the non-Federal share of the cost for construction projects. Sufficient funds will be available when construction is completed to assure effective operation and maintenance of the facility for the purpose constructed,and if not, it will request a waiver from the Governor to cover the cost. b. Refrain from entering into a construction contract(s)for the project or undertake other activities until the conditions of the grant program(s)have been met, all contracts meet Federal, State, and Local regulations. c. Provide and maintain competent and adequate architectural engineering supervision and inspection at the construction site to ensure that the completed work conforms to the approved plans and specifications and will furnish progress reports and such other information as the Federal grantor agency may need. d. Cause work on the project to be commenced within a reasonable time after receipt of notification from the approving Federal agency that funds have been approved and will see that work on the project will be done to completion with reasonable diligence. e. Not dispose of or encumber its title or other interests in the site and facilities during the period of Federal interest or while the Government holds bonds,whichever is longer. f. Provide without cost to the United States and the GranteelRecipient all lands, easements and rights-of-way necessary for accomplishment of the approved work and will also hold and save the United States and the Grantee/Recipient free from damages due to the approved work or Federal funding. g. Establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others,particularly those with whom they have family, business,or other ties. 34 Page 140 of 863 h. Assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended, Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 by: i. Consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary, to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 C.F.R. Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties; and, ii. By complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. i. Give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. j. With respect to demolition activities: i. Create and make available documentation sufficient to demonstrate that the Sub-Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement; ii. Return the property to its natural state as though no improvements had been contained thereon; iii. Furnish documentation of all qualified personnel, licenses, and all equipment necessary to inspect buildings located in Sub-Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U.S. Environmental Protection Agency, the Florida Department of Environmental Protection, and the appropriate County Health Department; iv. Provide documentation of the inspection results for each structure to indicate safety hazards present, health hazards present, and/or hazardous materials present; v. Provide supervision over contractors or employees employed by the Sub- Recipient to remove asbestos and lead from demolished or otherwise applicable structures; vi. Leave the demolished site clean, level, and free of debris; vii. Notify the Recipient promptly of any unusual existing condition which hampers the contractors work; viii. Obtain all required permits; ix. Provide addresses and marked maps for each site where water wells and septic tanks are to be closed, along with the number of wells and septic tanks located on each site, and provide documentation of such closures; x. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act; A. Comply with all applicable standards, orders, or requirements issued under Section 112 and 306 of the Clean Air Act, Section 508 of the Clean Water Act, Executive Order 11738, and the U.S. Environmental Protection Agency regulations. (This clause must be added to any subcontracts);and, xii. Provide documentation of public notices for demolition activities. k. Require facilities to be designed to comply with the"American Standard Specifications for Making Buildings and Facilities Accessible to, and Usable by the Physically Handicapped," Number A117.1-1961, as modified. The Sub-Recipient will be 35 Page 141 of 863 responsible for conducting inspections to ensure compliance with these specifications by the contractor. I. Provide an Equal Employment Opportunity Program,if required to maintain one,where the application is for$500,000 or more. m. Return overpaid funds within the forty-five (45) day requirement, and if unable to pay within the required time period, begin working with the Grantee/Recipient in good faith to agree upon a repayment date. n. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin,sex,or disability against a recipient of funds,forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 4) The Sub-Recipient agrees it will comply with the: a. Requirements of all provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 which provides for fair and equitable treatment of persons displaced as a result of Federal and Federally-assisted programs. b. Provisions of Federal law found at 5 U.S.C. § 1501,et. seq.which limit certain political activities of employees of a State or Local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants. c. Provisions of 18 U.S.C. §§ 594, 598, and 600-605 relating to elections, relief appropriations, and employment, contributions, and solicitations. d. Minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. e. Contract Work Hours and Safety Standards Act of 1962, requiring that mechanics and laborers (including watchmen and guards) employed on Federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week. f. Federal Fair Labor Standards Act, requiring that covered employees be paid at least the minimum prescribed wage,and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. g. Anti-Kickback Act of 1986, which outlaws and prescribes penalties for"kick-backs"of wages in Federally financed or assisted construction activities. h. Requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements,and other administrative requirements. It further agrees to ensure that the facilities under its ownership, lease or supervision which are utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. i. Flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, which requires that on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available,as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment,rebate,subsidy,disaster assistance loan or grant,or any other form of direct or indirect Federal assistance. 36 Page 142 of 863 j. Insurance requirements of Section 314, PL 93-288, to obtain and maintain any other insurance as may be reasonable, adequate, and necessary to protect against further loss to any property which was replaced, restored, repaired, or constructed with this assistance. Note that FEMA provides a mechanism to modify this insurance requirement by filing a request for an insurance commissioner certification(ICC). The State's insurance commissioner cannot waive Federal insurance requirements but may certify the types and extent of insurance reasonable to protect against future loss to an insurable facility. k. Applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate;the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations, and assure the compliance of all its Sub-Recipients and contractors. I. Provisions of 28 C.F.R.applicable to grants and cooperative agreements including Part 18,Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. m. Lead-Based Paint Poison Prevention Act which prohibits the use of lead based paint in construction of rehabilitation or residential structures. n. Energy Policy and Conservation Act and the provisions of the State Energy Conservation Plan adopted pursuant thereto. o. Non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, or Victims of Crime Act (as appropriate); Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act(ADA)(1990); Title IX of the Education Amendments of 1972;the Age Discrimination Act of 1975; Department of Justice Non-Discrimination Regulations;and Department of Justice regulations on disability discrimination, and assure the compliance of all its Sub-Recipients and contractors. p. Provisions of Section 311, P.L. 93-288, and with the Civil Rights Act of 1964(P.L. 83- 352) which, in Title VI of the Act, provides that no person in the United States of America, Grantees/Recipients shall,on the ground of race, color,or national origin,be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Sub-Recipient receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. If any real property orstructure is provided or improved with the aid of Federal financial assistance extended to the Sub-Recipient, this assurance shall obligate the Sub-Recipient or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. q. Provisions of Title IX of the Education Amendments of 1972, as amended which prohibits discrimination on the basis of gender. r. Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, relating to nondiscrimination on the basis of alcohol abuse or alcoholism. s. Provisions of 523 and 527 of the Public Health Service Act of 1912 as amended, relating to confidentiality of alcohol and drug abuse patient records. 37 Page 143 of 863 L Provisions of all appropriate environmental laws, including but not limited to: i. The Clean Air Act of 1955, as amended; ii. The Clean Water Act of 1977, as amended; iii. The Endangered Species Act of 1973; iv. The Intergovernmental Personnel Act of 1970; v. Environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969; vi. The Wild and Scenic Rivers Act of 1968, related to protecting components or potential components of the national wild and scenic rivers system; vii. The Fish and Wildlife Coordination Act of 1958; viii. Environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, regarding the protection of underground water sources; ix. The provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 which prohibits the expenditure of newest Federal funds within the units of the Coastal Barrier Resources System. u. The provisions of all Executive Orders including but not limited to: i. Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto,which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of employment during the performance of Federal or Federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship. ii. EO 11514(NEPA). iii. EO 11738(violating facilities). iv. EO 11988(Floodplain Management). v. EO 11990(Wetlands). vi. EO 12898(Environmental Justice). For Grantees/Recipients other than individuals, the provisions of the DRUG-FREE WORKPLACE as required by the Drug-Free Workplace Act of 1988. This assurance is given in consideration of and for the purpose of obtaining Federal grants, loans, reimbursements, advances, contracts, property, discounts and/or other Federal financial assistance extended to the Sub-Recipient by FEMA. The Sub-Recipient understands that such Federal Financial assistance will be extended in reliance on the representations and agreements made in this Assurance and that both the United States and the Grantee/Recipient have the joint and several right to seek judicial enforcement of this assurance. This assurance is binding on the Sub-Recipient, its successors, transferees, and assignees. FOR THE SUBGRANTEEISUB-RECIPIENT: Signature Printed Name and Title Date 38 Page 144 of 863 Attachment F It g:, EMA r 3 Public iProcedures for Permanent Work Pilot (Version FEMA Recovery Policy FP 104-009-7BACKGROUND Section 428 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended, (Stafford Act)' authorizes FEMA to award Public Assistance (PA)funding based on fixed estimates. This version 4 of the Public Assistance Alternative Procedures for Permanent Work Pilot (Pilot) policy supersedes version 3 and the Alternative Procedures Project language in Chapter 2.VI LG of the Public Assistance Program and Policy Guide 2(PAPPG). All other portions of the PAPPG apply except where specifically stated otherwise. PURPOSE The purpose of this policy is to define the framework and requirements to ensure appropriate and consistent implementation. PRINCIPLES A. Increase flexibility in the administration of such assistance by allowing Applicants to use funds in a manner that best meets their specific needs for recovery, long-term resiliency, and future preparedness. B. Simplify the delivery of assistance and reduce administrative costs associated with PA projects. REQUIREMENTS A. FIXED-COST OFFER ACCEPTANCE Outcome: Enable Applicants to drive their own recovery. 1. FEMA and the Recipient will work with the Applicant to formulate disaster-related damage into projects and reach agreement on the eligible scopes of work (SOW)for all Permanent Work projects. Once agreement is reached on the disaster-related damage and eligible SOW, FEMA or the Applicant will develop a cost estimate in accordance with Section G, Cost Estimates. 2. After the cost estimate is developed by FEMA or developed by the Applicant and validated by FEMA as being reasonable and eligible based on the work required to address the disaster-related damage, FEMA will transmit a fixed-cost offer via its Grants Manager/Portal to the Applicant for acceptance. 1 Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §5121, et seq., as amended. s _ . ema..t vl edi -iibr F�lassetsldocumenis/111781 Page 1 of 8 39 FEMA Recovery Policy FP 104-009-7 Page 145 of 863 !� zp� FEMA 3. The total fixed-cost amount is established based on the aggregate of: a. The estimated cost to restore disaster damaged facilities to pre-disaster design(size and capacity) and function in accordance with eligible codes and standards;and b. The estimated cost for cost-effective hazard mitigation measures associated with the actual restoration SOW to be implemented. 4. If the Applicant accepts the fixed-cost offer for a Large Project, it is considered a Pilot Project and the Applicant will: a. Not be required to rebuild the facilities back to what existed prior to the disaster. b. Be allowed to share funds across all of its Pilot Projects. c. Not be required to track costs to specific work items. d. Not be required to track costs or work to specific Pilot Projects since funds can be shared across all of its Pilot Projects. e. Be allowed to retain and use excess funds to reduce risk and improve future disaster operations (subject to timely closeout). f. Be eligible for cost-effective hazard mitigation on replacement projects. B. DEADLINES Outcome: Increase speed of recovery through timely agreement on fixed-cost offers. 1. Applicants have no more than 18 months from the disaster declaration date to: a. Determine the actual SOW and hazard mitigation measures to be implemented; and b. Accept a fixed-cost offer for each project (also subject to 30-day deadline from receipt, see B.2). 2. Each time FEMA transmits a fixed-cost offer, the Recipient and Applicant will have a combined total of 30 calendar days from the date of FA's transmittal of the fixed-cost offer to accept the offer (not to exceed the 1 -month deadline). Any projects without accepted fixed-cost offers by the 30-day and 18-month deadlines will be processed using standard PA policies and procedures and funded in accordance with Title 44 Code of Federal Regulations §206.205. 3. Time extensions to accept fixed-cost offers must be approved by FA's Assistant Administrator for Recovery. C. HAZARD MITIGATION Outcome: Promote resiliency through inclusion of hazard mitigation. 1. When the Applicant is restoring a facility to pre-disaster function, size, capacity, and location, FEMA evaluates the proposed hazard mitigation SOW and cost-effectiveness based on the criteria in Chapter 2.V1 LC of the PAPPG. 2. When the Applicant is restoring the function, but changing the pre-disaster capacity of a facility (Improved Project), the proposed hazard mitigation SOW is developed based on the actual SOW to be implemented; however, the cost-effectiveness is evaluated based on the fixed-cost amount accepted for the pre-disaster restoration SOW. If the capacity is Page 2 of 8 FEMA Recovery Policy FP 104-009-7 0 Page 146 of 863 IJPEMA increased, the proposed hazard mitigation SOW and cost is limited to the SOW and cost necessary to mitigate to the pre-disaster capacity of the damaged facility. 3. Applicants must complete the approved hazard mitigation in order to retain the fixed-cost amount accepted for hazard mitigation. D. USE OF FUNDS Outcome: Increase effectiveness of assistance through increased flexibility and expanded use of funds. 1. Applicants may use fixed-cost funds, including any excess funds across all Pilot Projects. 2. Applicants may request to use fixed-cost funds for any of the activities defined as eligible under the Use of Fixed-Cost Funds column in the table below. Once FEMA approves and the Applicant completes the SOW associated with these activities, the Applicant may use any excess funds for the expanded list of eligible activities listed under the Use of Excess Funds column. 3. Any excess funds remaining after the approved SOW is complete may be used for cost- effective activities that reduce the risk of future damage, hardship, or suffering from a major disaster, and activities that improve future PA operations or planning. The Applicant must submit a proposed SOW for use of any excess funds, along with a project timeline to the Recipient within 90 days of the date the last Alternative Procedures Project was completed. The Recipient must forward the request to FEMA within 180 days of date the last Alternative Procedures Project was completed. FEMA will evaluate the proposed use of excess funds for reasonableness to ensure prudent use of funds. FEMA will also evaluate the submitted project timeline and approve an appropriate deadline for project completion, not to exceed the overall disaster period of performance. 4. The following table lists examples of eligible and ineligible types of work and costs when using fixed-cost funds and excess funds. Type of Work or Cost (all work or costs listed must . Use of Use of otherwise be eligible for ) Fixed-CostExcess Funds Funds Restoration of disaster-damaged facilities and equipment Eligible Eligible _.... Restoration of disaster-damaged facilities in undeclared areas Ineligible Eligible within the same State or Tribal area 3 _._....................----"___. - ............... ..............._.. ......_......®,..,.. ......._.,_.._._... _... .,.,.,., Alternate Projects (e.g., purchasing equipment, Eligible Eligible constructing new facilities, improvements to undamaged facilities such as shelters and emergency operation centers) in declared areas ... .........._._ Cost-effective hazard mitigation measures for undamaged Ineligible Eligible facilities Covering future insurance premiums, including meeting Ineligible Eligible obtain and maintain (OM) insurance requirements, on damaged or undamag ed facilities Page 3 of 8 41 FEMA Recovery Policy FP 104-009-7 Page 147 of 863 FEMA Work on facilities that are ineligible due to a failure to meet Ineligible Ineligible previous O&M requirements . ............................................... .................. -—------ Conducting or participating in training for response or recovery Ineligible Eligible activities, including Federal grants management or procurement courses ...............- ..........................."",......................... Planning for future disaster response and recovery operations, 1 Ineligible Eligible such as developing or updating plans (e.g., Debris Management Plans, Hazard Mitigation Plans, Pre-disaster Recovery Plans, Emergency Management/Operation Plans), integrating these plans into other plans, preparedness activities, exercises, and outreach ............I'll,...............11............'-.",.......... ......... -------- 7 ................. Salaries for PA or emergency management staff. This may Ineligible Eligible include but is not limited to staff performing PAgrant administration, monitoring, and closeout activities for other PA disaster grants, and staff develof-Jny, or.updating,disaster plans .......... Paying down debts Ineligible Ineligible Covering operating expenses Ineligible Ineligible ................................"----------........ Covering budget shortfalls Ineligible Ineligible Covering the non-Federal cost share of FEMA projects or other Ineligible Ineligible Federal awards E. SCOPE OF WORK CHANGES Outcome: Reduce administrative burden by simplifying requirements for changes to a SOW. 1. Once the SOW is approved and a fixed-cost offer is accepted: a. The Applicant must notify FEMA prior to making SOW changes that involve: i. Buildings or structures that are 45 years of age or older; i. Ground disturbing activities; or ii. Work in or near waterways. b. With exception of buildings or structures that are 45 years of age or older, theApplicant does not need to notify FEMA when it intends to make changes that substantially conform to the approved SOW. Changes that substantially conform include items, such as: i. Substitutions in material type (e.g., pre-cast concrete vs. steel beam, stainless steel vs. galvanized fasteners); or ii. Interior floor plan reconfigurations (e.g., adding, moving, or removing rooms/features). c. If the Applicant wishes to change the SOW to the extent that it changes the hazard mitigation, such changes must be approved within the 18-month deadline and thefixed- cost offer amount will be adjusted to reflect the revised hazard mitigation SOW. Page 4 of 8 FEMA Recovery Policy FP 104-009-7 42 Page 148 of 863 EMA F. ENVIRONMENTAL AND HISTORIC PRESERVATION Outcome: Ensure all projects are compliant with environmental and historic preservation (EHP) laws, regulations, and executive orders. 1. FEMA will conduct EHP compliance reviews on the actual SOW to be implemented. EHP review needs to occur prior to FEMA approval and prior to the Applicant starting anywork that has potential to impact the environment, historic properties, or archaeological resources. This includes, but is not limited to, demolition, site preparation, and ground disturbing activities. 2. The Applicant must comply with all applicable EHP laws, regulations, and Executive Orders in accordance with the FEMA Directive 108-1, Environmental Planning and Historic Preservation Responsibilities and Program Requirements, and accompanying Instruction. Non-compliance with EHP conditions and requirements may result in the deobligation of funds. G. COST ESTIMATES Outcome: Develop fixed-costs based on accurate cost estimates. 1. FEMA or the Applicant may develop cost estimates as follows: a. FEMA will prepare its estimates using the Cost Estimating Format (CEF) andwill include the CEF contingency factor"Applicant Reserve for Change Orders." b. Applicant-submitted estimates must comply with Chapter 3.II.D of the PAPPG. FEMA will evaluate Applicant-submitted estimates using the Public Assistance:Reasonable Cost Evaluation Job Aid. This Job Aid includes a checklist in Appendix A: Validation of Applicant-Provided Cost Estimates, which FEMA will use to review and validate cost estimates. c. The estimate must be based on the current phase of design or construction inclusive of any known costs. d. If eligible work has been completed at the time the cost estimate is developed that portion of the fixed amount will be based on the actual cost. e. The cost estimate must include a reduction to account for any anticipated insurance proceeds based on the Applicant's insurance policy, or if known, the actual insurance proceeds. 2. A FEMA-funded, independent panel of cost estimating experts may review project estimates. The review will be limited to issues pertaining to the estimated cost and the panel will not make decisions related to the eligibility of work. However, it may make determinations about whether cost elements are required to execute the SOW. The panel may review cost documentation for completed work, if necessary. a. FEMA may request the independent panel review for any cost estimate. b. Applicants may request the panel review the estimate for any project with anestimated Federal share of at least$5 million. c. All project estimates with an estimated Federal share of$25 million or greater will be reviewed by the independent panel. Page 5 of 8 43 FEMA Recovery Policy FP 104-009-7 Page 149 of 863 FEMA d. The panel will complete its review before FEMA transmits the fixed-cost offer. H. INSURANCE Outcome: Ensure FEMA assistance does not duplicate insurance proceeds. 1. Fixed-cost amounts will be reduced to avoid duplication with insurance proceeds in accordance with Chapter 2.V.P.1 of the PAPG. This includes any necessary adjustments at closeout. 2. All insurable facilities for which funds are used (including excess funds) are subject to OM requirements in accordance with Chapter 2.VI I.A of the PAPPG. If the Applicant does not comply with the OM requirement, FEMA will deobligate the fixed amounts related to the non-compliance and the facilities for which the Applicant failed to comply will not be eligible for future PA funding. I. CLOSEOUT REQUIREMENTS Outcome: Reduce the administrative costs associated with closeout by simplifying closeout documentation requirements and incentivize timely closeout. 1. Work must be completed by the end of the latest Pilot Project period of performance and the Recipient must certify that all incurred costs are associated with the approved SOW and that the Applicant completed all work in accordance with FEMA regulations and policies. The Recipient must submit its certification to FEMA within 180 days of the Applicant completing its last Pilot Project or the latest Pilot Project deadline, whichever occurs first, in order for the Applicant to retain and use any excess funds. 2. The closeout certification must include a final report of Pilot Project costs and documentation to support the following: a. Summary of actual work completed; b. Mitigation measures achieved, if applicable; c. Compliance with EHP requirements; d. Compliance with the OM insurance requirement; e. Summary of total actual costs to complete the Pilot Projects; f. Compliance with Federal procurement procedures; and g. Actual insurance proceeds received. 3. Applicants do not need to track costs to specific work items. Applicants only need to substantiate and certify that all claimed costs are related to the overall work deemed eligible for the Pilot Projects. 4. Applicants must comply with the requirements of 2 CFR Part 200, including document retention. J. APPEALS FEMA will not consider appeals on a Pilot Project unless it is related to a cost adjustment made by FEMA after the fixed-cost offer is accepted (i.e., related to insurance, non- compliance, or an audit). Any disagreement on damage, SOW, or cost must be resolved Page 6 of 8 44 FEMA Recovery Policy FP 104-009-7 Page 150 of 863 ly�m - i ej ., FE prior to accepting a fixed-cost offer. Additionally, time extension denials on a Pilot Project are not appealable. K. AUDITS The U.S. Department of Homeland Security's Office of Inspector General and the U.S. Government Accountability Office have authority to audit any project. Once the Applicant signs the fixed-cost offer, FEMA may still adjust funding due to audit findings. L. PILOT POLICY VERSUS STANDARD PA POLICY The following table summarizes the differences between the Alternative Procedures Pilot policy and the standard PA policy: _...... Alternative Procedures Policy Standard Policy Fix11 ed-cost_11project with use of excess funds. Actual cost project. No retention of excess funds associated with the approved estimate. ............ _ ._......_ _ . ......... May use funds across all Pilot projects. i Can only use funds toward the specific work identified in each specific project. __ .m. �..... _... __ .....111111111111-_._._... After FEMA approves a SOW, approval is only After FEMA approves a SOW, required for changes that involve buildings or approval is required for any change structures aged 45 years or older, ground to the SOW. disturbina activities, or work in or near water. Do not need to track costs associated with Must track costs associated with all changes to the SOW. _ changes to the SOW. Do not need to track costs to specific work items. Must track costs specific to each Only need to track the total costs associated with work item within each individual the Pilot Projects_ `roject....... - _ Do not need to track work to specific Pilot Must track all work to each Projects. Only need to substantiate that the individual project. work is related to the approved SOW covered in the Pilot Projects. Keith Turi _�-........ w Assistant Administrator, Recovery Directorate August 29, 2019 Date Page 7 of 8 FEMA Recovery Policy FP 104.009.7 45 Page 151 of 863 7A3 g f � f FEMA p' t ADDITIONAL INFORMATION p REVIEW This policy will be reviewed, reissued, revised or rescinded by the Assistant Administrator of Recovery within 4 years of the date of signature on this policy. AUTHORITIES Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. § 5121, of seq., as amended. QUESTIONS Direct questions to Tod Wells, Acting Director, Public Assistance Division, at Tod.Wells fema.dhs € ov. Page 8 of S 45 FEMA Recovery Policy FP 104-009-7 Page 152 of 863 Attachment G PUBLIC ASSISTANCE PROGRAM GUIDANCE 1. RECIPIENT'S WEB-BASED PROJECT MANAGEMENT SYSTEM Sub-Recipients must use the Recipient's web-based project management system to access and exchange project information with the State throughout the project's life. This includes processing payments, reimbursement requests, quarterly reports, final inspection schedules, change requests, time extensions, and other services as identified in the Agreement. Training on this system will be supplied by the Recipient upon request by the Sub-Recipient. 2. PROJECT DOCUMENTATION The Sub-Recipient must maintain all source documentation supporting the project costs. To facilitate closeout and audits, the Applicant should file all documentation pertaining to each project with the corresponding PW as the permanent record of the project. In order to validate Large Project Requests for Reimbursement (RFRs), all supporting documents should be uploaded to the grants management system website. Contact the grant manager with questions about how and where to upload documents, and for assistance linking common documents that apply to more than one(1) PW. The Sub-Recipient must retain sufficient records to show its compliance with the terms of this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives under this Agreement and all other applicable laws and regulations, for a period of five(5)years from the date of the Sub-Recipient account closeout by FEMA. The five (5)year period is extended if any litigation, claim or audit is started before the five(5)year period expires, and extends beyond the five(5)year period. The records must then be retained until all litigation, claims, or audit findings involving the records have been resolved. Records for the disposition of non-expendable personal property valued at$5,000 or more at the time it is acquired must be retained for five (5)years after final account closeout. Records relating to the acquisition of real property must be retained for five (5) years after final account closeout. 3. INTERIM INSPECTIONS Interim Inspections may be requested by the Sub-Recipient, on both small and large projects, to: i. Conduct insurance reconciliations; fl. Review an alternate scope of work; iii. Review an improved scope of work; and/or, iv. Validate scope of work and/or cost. Interim Inspections may be scheduled and submitted by the Recipient as a request in the grants management system under the following conditions: i. A quarterly report has not been updated between quarters; ii. The Sub-Recipient is not submitting Requests for Reimbursement (RFR's) in a timely manner; iii. Requests for a Time Extension have been made that exceed the Grantee's/ Recipient's authority to approve; and/or, iv. There are issues or concerns identified by the Recipient that may impact funding under this agreement. 47 Page 153 of 863 4. PROJECT RECONCILIATION AND CLOSEOUT The purpose of closeout is for the Sub-Recipient to certify that all work has been completed. To ensure a timely closeout process, the Sub-Recipient should notify the Recipient within sixty (60) days of Project completion. The Sub-Recipient should include the following information with its closeout request: • Certification that project is complete; • Date of project completion; and, • Copies of any Recipient time extensions. Large Projects With exception of Fixed Cost Estimate Subawards, Alternate Projects and Improved Projects where final costs exceed FEMA's original approval, the final eligible amount for a Large Project is the actual documented cost of the completed, eligible SOW. Therefore, upon completion of each Large Project that FEMA obligated based on an estimated amount; the Sub-Recipient should provide the documentation to support the actual costs. If the actual costs significantly differ from the estimated amount,the Sub-Recipient should provide an explanation for the significant difference. FEMA reviews the documentation and, if necessary, obligates additional funds or reduces funding based on actual costs to complete the eligible SOW. If the project included approved hazard mitigation measures; FEMA does not re-evaluate the cost-effectiveness of the HMP based on the final actual cost. If during the review, FEMA determines that the Sub-Recipient performed work that was not included in the approved SOW, FEMA will designate the project as an Improved Project, cap the funding at the original estimated amount, and review the additional SOW for EHP compliance. For Fixed Cost Estimate Subawards,the Applicant must provide documentation to support that it used the funds in accordance with the eligibility criteria described in the PAPPG and guidance provided at htt],,a=://www.fema.a v/alternative-procedures and in the referenced disaster specific guidance attached hereto. Once FEMA completes the necessary review and funding adjustments, FEMA closes the project. Small Projects Once FEMA obligates a Small Project, FEMA does not adjust the approved amount of an individual Small Project. This applies even when FEMA obligates the PW based on an estimate and actual costs for completing the eligible SOW differ from the estimated amount. FEMA only adjusts the approved amount on individual Small Projects if one of the following conditions applies: • The Sub-Recipient did not complete the approved SOW; • The Sub-Recipient requests additional funds related to an eligible change in SOW; • The PW contains inadvertent errors or omissions;or, • Actual insurance proceeds differ from the amount deducted in the PW. In these cases, FEMA only adjusts the specific cost items affected. If none of the above applies,the Sub-Recipient may request additional funding if the total actual cost of all of its Small Projects combined exceeds the total amount obligated for all of its Small Projects. In this case, the Sub-Recipient must request the additional funding through the appeal process,within sixty(60)days of completion of its last Small Project. FEMA refers to this as a net small project overrun appeal. The appeal must include actual cost documentation for all Small Projects that FEMA originally funded based on estimate amounts. To ensure that all work has been performed within the scope of work specified on the Project Worksheets, the Recipient will conduct final inspections on Large Projects,and may,at its sole discretion,select one or 48 Page 154 of 863 more Small Projects to be inspected. Costs determined to be outside of the approved scope of work and/or outside of the approved performance period cannot be reimbursed. For Hurricane Dorian DR#4468, projects that are under $131,100.00 are considered small projects. In coordination with FEMA, the Division will accept a self-certification of small projects in lieu of project documentation for permanent work projects (Categories C-G). The self-certification will require the applicant to certify that the damaged facility is eligible, the scope of work is eligible, and that the funds will be expended in accordance with State and Federal law. A copy of the self-certification is attached hereto. This self-certification will be completed during project development in Grants Portal prior to obligation.Once the project is obligated, the Division will reimburse the project without a request for reimbursement. However, in order to close out the project,the applicant must provide before and after photos of the project. 5. TIME EXTENSIONS FEMA only provides PA funding for work completed and costs incurred within regulatory deadlines. The deadline for Emergency Worts is six (6) months from the declaration date. The deadline for Permanent Work is eighteen (18)months from the declaration date. Type of Work Months Emergency Work 6 Permanent Work 1 If the Applicant determines it needs additional time to complete the project, including direct administrative tasks related to the project, it must submit a written request for a Time Extension to the Recipient with the following information: • Documentation substantiating delays beyond its control; • A detailed justification for the delay; • Status of the work;and, • The project timeline with the projected completion date. Recipient may extend Emergency Work projects by six (6) months and Permanent Work projects by thirty (30) months. FEMA has authority to extend individual project deadlines beyond these timeframes if extenuating circumstances justify additional time. This applies to all projects with the exception of those projects for temporary facilities. FEMA generally considers the following to be extenuating circumstances beyond the Applicant's control: • Permitting or EHP compliance related delays due to other agencies involved • Environmental limitations (such as short construction window) • Inclement weather(site access prohibited or adverse impact on construction) FEMA generally considers the following to be circumstances within the control of the Applicant and not justifiable for a time extension: • Permitting or environmental delays due to Applicant delays in requesting permits • Lack of funding • Change in administration or cost accounting system • Compilation of cost documentation Although FEMA only provides PA funding for work performed on or before the approved deadline, the Applicant must still complete the approved SOW for funding to be eligible. FEMA de-obligates funding for any project that the Applicant does not complete. If the Applicant completes a portion of the approved SOW 49 Page 155 of 863 and the completed work is distinct from the uncompleted work, FEMA only de-obligates funding for the uncompleted work. For example, if one project includes funds for three facilities and the Applicant restores only two of the three facilities, FEMA only de-obligates the amount related to the facility that the Applicant did not restore. Time Extension requests should be submitted prior to current approved deadlines, be specific to one project,and include the following information with supporting documentation: • Dates and provisions of all previous time extensions • Construction timeline/project schedule in support of requested time • Basis for time extension request: o Delay in obtaining permits • Permitting agencies involved and application dates o Environmental delays or limitations (e.g., short construction window, nesting seasons) ■ Dates of correspondence with various agencies ■ Specific details • Inclement weather (prolonged severe weather conditions prohibited access to the area, or adversely impacted construction) o Specific details • Other reason for delay o Specific details Submission of a Time Extension request does not automatically grant an extension to the period of performance. Without an approved Time Extension from the State of FEMA(as applicable),any expenses incurred outside the P.O.P. are ineligible. 6. INSURANCE The Sub-Recipient understands and agrees that disaster funding for insurable facilities provided by FEMA is intended to supplement, not replace,financial assistance from insurance coverage and/or other sources. Actual or anticipated insurance proceeds must be deducted from all applicable FEMA Public Assistance grants in order to avoid a duplication of benefits. The Sub-Recipient further understands and agrees that if Public Assistance funding is obligated for work that is subsequently determined to be covered by insurance and/or other sources of funding, FEMA must de-obligate the funds per Stafford Act Sections 101 (b)(4)and 312 (c). As a condition of funding under this Agreement, pursuant to 44 C.F.R. §§ 206.252-253, for damaged facilities,the Sub-Recipient understands it must, and it agrees to, maintain such types of insurance as are reasonable and necessary to protect against Future loss for the anticipated life of the restorative work or the insured facility, whichever is lesser. Except that the Recipient acknowledges FEMA does not require insurance to be obtained and maintained for projects where the total eligible damage is less than$5,00000. In addition to the preceding requirements, the Sub-Recipient understands it is required to obtain and maintain insurance on certain permanent work projects in order to be eligible for Public Assistance funding in future disasters pursuant to§311 of the Stafford Act. As stated in the Stafford Act,"Such coverage must at a minimum be in the amount of the eligible project costs." Further, the Stafford Act, requires a Sub- Recipient to purchase and maintain insurance, where that insurance is"reasonably available, adequate or necessary to protect against future loss" to an insurable facility as a condition for receiving disaster assistance funding. The Public Assistance Program and Policy Guide further states, "If the Applicant does not comply with the requirement to obtain and maintain insurance, FEMA will deny or de-obligate PA funds from the current disaster." If the State Insurance Commissioner certifies that the type and extent of insurance is not"reasonably available,adequate or necessary to protect against future loss"to an insurable facility,the Regional Administrator may modify or waive the requirement in conformity with the certification. The Sub-Recipient understands and agrees it is responsible for being aware of, and complying with, all insurance considerations contained in the Stafford Act and in 44 C.F.R.§§206.252-253. The Sub-Recipient agrees to notify the Recipient in writing within thirty (30) days of the date it becomes aware of any insurance coverage for the damage identified on the applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance. The Sub-recipient further agrees 50 Page 156 of 863 to provide all pertinent insurance information, including but not limited to copies of all policies,declarations pages, insuring agreements, conditions, and exclusions, Statement of Loss, and Statement of Values for each insured damaged facility. The Sub-Recipient understands and agrees that it is required to pursue payment under its insurance policies to the best of its ability to maximize potential coverage available. 7. COMPLIANCE WITH PLANNING/PERMITTING REGULATIONS AND LAWS The Sub-Recipient is responsible for the implementation and completion of the approved projects described in the Project Worksheets in a manner acceptable to Recipient, and in accordance with applicable Local, State,and Federal legal requirements. If applicable, the contract documents for any project undertaken by the Sub-grantee/Sub-Recipient, and any land use permitted by or engaged in by the Sub-grantee/Sub-Recipient, must be consistent with the local government comprehensive plan. The Sub-Recipient must ensure that any development or development order complies with all applicable planning, permitting, and building requirements including, but not limited to, the National Environmental Policy Act and the National Historic Preservation Act. The Sub-Recipient must engage such competent, properly licensed, engineering, environmental, archeological, building, and other technical and professional assistance at all project sites as may be needed to ensure that the project complies with the contract documents. B. FUNDING FOR LARGE PROJECTS Although Large Project payment must be based on documented actual costs, most Large Projects are initially approved based on estimated costs. Funds are made available to the Sub-Recipient when work is in progress and funds have been expended with documentation of costs available. When all work associated with the project is complete,the State will perform a reconciliation of all costs and will transmit the information to FEMA for its consideration for final funding adjustments (See Closeouts). The submission from the Sub-Recipient requesting this reimbursement must include: a) A Request for Reimbursement; b) A Summary of Documentation (SOD) which is titled Reimbursement Detail Report and is automatically created when the Request for Reimbursement is submitted (and is supported by copies of original documents such as, but not limited to, contract documents, insurance policies, payroll records, daily work logs, invoices, purchase orders,and change orders); and, c) The FDEM Cost Claim Summary Workbook along with copies of original documents such as contract documents, invoices, change orders,canceled checks(or other proof of expenditure), purchase orders, etc. 9. ADVANCES 1. For a Federally funded contract, any advance payment is also subject to 2 C.F.R., Federal OMB Circulars A-87,A-110, A-122, and the Cash Management Improvement Act of 1990. 2. All advances must be held in an interest-bearing account with the interest being remitted to the Recipient as often as practicable, but not later than ten(10)business days after the close of each calendar quarter. 3. In order to prepare a Request for Advance (RFA)the Sub-Recipient must certify to the Recipient that it has procedures in place to ensure that funds are disbursed to project vendors, contractors, and 51 Page 157 of 863 subcontractors without unnecessary delay. The Sub-Recipient must prepare and submit a budget that contains a timeline projecting future payment schedules through project completion. 4. A separate RFA must be completed for each Project Worksheet to be included in the Advance Funding Payment.no more than ninety(90)days after receiving its Advance Payment fora specific project. The RFR must account for all expenditures incurred while performing eligible work documented in the applicable Project Worksheet for which the Advance was received. 5. If a reimbursement has been paid prior to the submittal of a request for an advance payment, an Advance cannot be accepted for processing. 6. The Recipient may advance funds to the Sub-Recipient, not exceeding the Federal share, only if the Sub-Recipient meets the following conditions: a) The Sub-Recipient must certify to the Recipient that Sub-Recipient has procedures in place to ensure that funds are disbursed to project vendors, contractors, and subcontractors without unnecessary delay; b) The Sub-Recipient must submit to the Recipient the budget supporting the request. 7. The Sub-Recipient must submit a statement justifying the advance and the proposed use of the funds, which also specifies the amount of funds requested and certifies that the advanced funds will be expended no more than ninety(90)days after receipt of the Advance; 8. The Recipient may, in its sole discretion,withhold a portion of the Federal and/or nonfederal share of funding under this Agreement from the Sub-Recipient if the Recipient reasonably expects that the Sub- Recipient cannot meet the projected budgeted timeline or that there may be a subsequent determination by FEMA that a previous disbursement of funds under this or any other Agreement with the Sub-Recipient was improper. Payments under the Public Assistance Alternative Procedures Program (PAAP)are paid as an Advance Payment. 10. DESIGNATION OF AGENT The Sub-Recipient must complete Attachment D by designating at least three (3) agents to execute any Requests for Advance or Reimbursement,certifications,or other necessary documentation on behalf of the Sub-Recipient. After execution of this Agreement, the authorized, primary, and secondary Agent may request changes to contacts via email to the State assigned team. In the event the Sub-Recipient contacts have not been updated regularly and all three (3) Agents have separated from the Sub-Recipient's agency, a designation of authority form will be needed to change contacts. NOTE. This Is very Important because ff contacts are not updated, notlflcatlons made from the grants management system may not be received and could result In failure to meet time periods to appeal a Federal determination 11. DUNS.,Q&A What Is a DUNS number? The Data Universal Numbering System (DUNS) number is a unique nine-digit identification number provided by Dun &Bradstreet(D&B). The DUNS number is site specific. Therefore,each distinct physical location of an entity such as branches, divisions and headquarters, may be assigned a DUNS number. 52 Page 158 of 863 Who needs a DUNS number? Any institution that wants to submit a grant application to the Federal government. Individual researchers do not need a DUNS number if they are submitting their application through a research organization. How do I get a DUNS number? Dun & Bradstreet have designated a special phone number for Federal grant and cooperative agreement applicants/prospective applicants. Call the number below between 8 a.m. and 5 p.m., local time in the 48 contiguous states and speak to a D&B representative. This process will take approximately:5—10 minutes and you will receive your DUNS number at the conclusion of the call. 1-866-705-5711 What do I need before 1 request a DUNS number? Before you call D&B, you will need the following pieces of information: • Legal Name • Headquarters name and ad dress for your organization • Doing business as(dba)or other name by which your organization is commonly recognized • Physical address • Mailing address (if separate from headquarters and/or physical address) • Telephone number • Contact name and title • Number of employees at your physical location How much does a DUNS number cost? There is no charge to obtain a DUNS number. Why does my institution need a DUNS number? New regulations taking affect Oct. 1, 2003 mandate that a DUNS number be provided on all Federal grant and cooperative agreement applications. The DUNS number will offer a way for the Federal government to better match information across all agencies. How do I see if my institution already has a DUNS number? Call the tall free number above and indicate that you are a Federal grant and/or cooperative agreement applicant. D&B will tell you if your organization already has a number assigned. If not,they will ask if you wish to obtain one. Should we use the}4 extension to the DUNS number? Although D&B provides the ability to use a 4-digit extension to the DUNS number, neither D&B nor the Federal government assign any importance to the extension. Benefits, if any, derived from the extension will be at your institution only. Is there anything special that we should do for multi-campus systems? Multi-campus systems can use what is called a parent DUNS number to aggregate information for the system as a whole. The main campus will need to be assigned a DUNS number. Then each satellite campus will need to reference the main campus DUNS number as their parent DUNS when obtaining their own DUNS number. For NIH grantees, if each campus submits grant applications as a unique grantee organization,then each campus needs to obtain their own DUNS number. What should we do if our Institution has more than 1 DUNS number? Your institution will need to decide which DUNS number to use for grant application purposes and use only that number. Are there any exceptions to the new DUNS number rules? 53 Page 159 of 863 Individuals who would personally receive a grant or cooperative agreement award from the Federal government apart from any business or non-profit organization they may operate are exempt from this requirement. Who at my institution is responsible for requesting a DUNS number? This will vary from institution to institution. This should be done by someone knowledgeable about the entire structure of your institution and who has the authority to make such decisions. Typically,this request would come from the finance/accounting department or some other department that conducts business with a large cross section of the institution. We are an organization new to Federal grant funding so we obviously need a DUNS number. But we don't want to be included In any marketing list. What can we do? Inclusion on a D&B marketing list is optional. If you do not want your name/organization included on this marketing list, request to be de-listed from D&B's marketing file when you are speaking with a D&B representative during your DUNS number telephone application. Who do we contact if we have questions? If you have questions about applying for a DUNS number, contact the Dun & Bradstreet special phone number 1-866-705-5771. If you have questions concerning this new Federal-wide requirement, contact Sandra Swab, Office of Federal Financial Management, 202-395-3993 or via e-mail at sswab@omb.eop.gov. 12. Substitute Form W-9 Submission and My,Florida Marke lace :MFMP Registration For the purpose of this Agreement,a Sub-Recipient is also a Vendor. The State of Florida requires vendors doing business with the State to submit a Substitute Form W-9. The purpose of a Form W-9 is to provide a Federal Taxpayer Identification Number (TIN), official entity name, a business designation (sole proprietorship, corporation, partnership, etc.), and other taxpayer information to the State. Submission of a Form W-9 ensures that the State's vendor records and Form 1099 reporting are accurate. Due to specific State of Florida requirements,the State will not accept the Internal Revenue Service Form W-9. Effective March 5, 2012, State of Florida agencies will not be permitted to place orders for goods and services or make payments to any vendor that does not have a verified Substitute W-9 on file with the Department of Financial Services. Vendors are required to register and submit a Form W-9 on the State's Vendor Website at htt 9s:1/flvendor.m� lloridacfo.com. __..... e_........ ....... ........ Sub-recipient must register with My Florida Marketplace utilizing myfloddamarketplace.com website concurrent with the execution of this agreement. Registration must be complete prior to returning this agreement to FDEM for execution. 13. Small,Women Owned and Minorly, Owned Businesses, 2 CFR 200.321 requires a non-Federal entity take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. These affirmative steps must include: (1)Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 54 Page 160 of 863 (4)Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6) Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1)through (5)of this section. 55 Page 161 of 863 Attachment H FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT(FFATA) INSTRUCTIONS AND WORKSHEET PURPOSE:The Federal Funding Accountability and Transparency Act(FFATA)was signed on September 26,2006. The intent of this legislation is to empower every American with the ability to hold the government accountable for each spending decision. The FFATA legislation requires information on Federal awards (Federal assistance and expenditures) be made available to the public via a single, searchable website, which is http://www.usaspending.gov/. The FFATA Subaward Reporting System (FSRS) is the reporting tool the Florida Division of Emergency Management("FDEM"or"Division")must use to capture and report sub-award and executive compensation data regarding first-tier subawards that obligate $25,000 or more in Federal funds (excluding Recovery funds as defined in section 1512(a) (2) of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5). Note:This"Instructions and Worksheet"is meant to explain the requirements of the FFATA and give clarity to the FFATA Form distributed to sub-awardees for completion. All pertinent information below should be filled out,signed, and returned to the project manager. ORGANIZATION AND PROJECT INFORMATION The following information must be provided to the FDEM prior to the FDEM's issuance of a subaward(Agreement)that obligates$25,000 or more in Federal funds as described above. Please provide the following Information and return the signed form to the Division as requested. PRINCIPAL PLACE OF PROJECT PERFORMANCE(IF DIFFERENT THAN PRINCIPAL PLACE OF BUSINESS) ADDRESS LINE 1: 4, � 'u�""_ m ADDRESS LINE 2: ADDRESS LINE 3: CITY `.E, �� .' �F STATE ZIP CODE+4*" CONGRESSIONAL DISTRICT FOR PRINCIPAL PLACE OF PROJECT PERFORMANCE: "Providing the Zip+4 ensures that the correct Congressional District is reported. Private non-profits and state agencies may move to the signature block below to complete the cerflfication and submittal process. EXECUTIVE COMPENSATION INFORMATION: 1. In your business or organization's previous fiscal year, did your business or organization (including parent organization, all branches, and all affiliates worldwide): a. Receive 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance (e.g. loans, grants, subgrants, and/or cooperative agreements, etc.) subject to the Transparency Act, as defined at 2 CFR 170.320 (and subawards); AND 56 Page 162 of 863 b. $25,000,000 or more in annual gross revenues from U.S. Federal procurement contracts (and subcontracts)and Federal financial assistance (e.g. loans, grants, subgrants,and/or cooperative agreements,etc.)subject to the Transparency Act? Yes ❑ No ®11 1 ff the answer to Question t is "Yes,"continue to Question 2. If the answer to Question 1 is "No", move to the signature block below to complete the certification and submittal process. 2. Does the public have access to information about the compensation of the executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a)or 15(d)of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d))Section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If the answer to Question 2 is"Yes,"move to the signature block below to complete the certification and submittal process. [Note: Securities Exchange Commission information should be accessible at httpllwww.sec.gov/answers/execomp.htm. Requests for Internal Revenue Service (IRS) information should be directed to the local IRS for further assistance.] If the answer to Question 2 is "No," provide the information required in the "TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR"appearing below to report the "Total Compensation" for the rive (5) most highly compensated "Executives". in rank order, in your organization. For purposes of this request,the following terms apply as defined in 2 CFR Ch. 1 Part 170 Appendix A: "Executive is defined as`officers, managing partners, or other employees in management positions". "Total Compensation is defined as the cash and noncash dollar value earned by the executive during the most recently completed fiscal year and includes the following: i. Salary and bonus. ii. Awards of stock,stock options,and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. iii. Earnings for services under non-equity incentive plans.This does not include group life,health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. iv. Change in pension value. This is the change in present value of defined benefit and actuarial pension plans. V. Above-market earnings on deferred compensation which is not tax-qualified. vi. Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property)for the executive exceeds$10,000. 57 Page 163 of 863 TOTAL COMPENSATION CHART FOR MOST RECENTLY COMPLETED FISCAL YEAR (Date of Fiscal Year Completion > Rank Total Compensation (Highest to Name for Most Recently LowestLast,: First,, MI) Title Com leted Fiscal Year ; 1 2 i. 4 ........................ ... ... . 5 THE UNDERSIGNED CERTIFIES THAT ON THE DATE WRITTEN BELOW, THE INFORMATION PROVIDED HEREIN IS ACLU_ - TE. SIGNATURE: NAME AND TITLE: DATE: 58 Page 164 of 863 Attachment I Mandatory Contract Provisions Provisions: Any contract or subcontract funded by this Agreement must contain the applicable provisions outlined in Appendix II to.2 CFR Part 200. It is the responsibility of the Sub-Recipient to include the required provisions. FEMA has created a guidance document/checklist pertaining to these required provisions. It is attached hereto as Attachment I. 2 C.F.R. 200.326 and 2 C.F.R. Part 200,Arendix ll, Required Contract Clauses Reguirements under the Uniform Rules. A non-Federal entity's contracts must contain the applicable contract clauses described in Appendix II to the Uniform Rules (Contract Provisions for non-Federal Entity Contracts Under Federal Awards),which are set forth below. 2 C.F.R.§200.326. For some of the required clauses we have included sample language or a reference a non-Federal entity can go to in order to find sample language. Please be aware that this is sample language only and that the non- Federal entity alone is responsible ensuring that all language included in their contracts meets the requirements of 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. We do not include sample language for certain required clauses (remedies, termination for cause and convenience, changes)as these must necessarily be written based on the non-Federal entity's own procedures in that area. 1. Remedies a. Standard: Contracts for more than the simplified acquisition threshold ($150,000) must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200,Appendix II,Q A. b. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. 2. Termination for Cause and Convenience, a. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be effected and the basis for settlement. See 2 C.F.R. Part 200, Appendix II, B. b. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. 3. Equal Employment Opportunity a. Standard. Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4(b), in accordance with Executive Order 11246,Equal Employment Opportunity(30 Fed.Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor). 59 Page 165 of 863 See 2 C.F.R. Part 200, Appendix II,C. b. Key Definitions. (1) Federally Assisted Construction Contract. The regulation at 41 C.F.R. §60-1.3 defines a"federally assisted construction contract"as any agreement or modification thereof between any applicant and a person for construction work which is paid for in whole or in part with funds obtained from the Government or borrowed on the credit of the Government pursuant to any Federal program involving a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, or any application or modification thereof approved by the Government for a grant,contract,loan,insurance,or guarantee under which the applicant itself participates in the construction work. (2) Construction Work. The regulation at 41 C.F.R. § 60-1.3 defines "construction work" as the construction, rehabilitation, alteration, conversion, extension, demolition or repair of buildings, highways, or other changes or improvements to real property,including facilities providing utility services. The term also includes the supervision, inspection, and other onsite functions incidental to the actual construction. c. Applicability. This requirement applies to all FEMA grant and cooperative agreement programs. d. The reculation at 41 C.F.R. Part 60-1.4reuires the insertion of the following, contract clause: JDuringpffie p rformance of this_contract,the contractor_a rees as follows:, (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff' or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex,or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding,a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order 11246 of 60 Page 166 of 863 September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will fumish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. (b) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965,or by rule, regulation, or order of the Secretaryof Labor,or as otherwise provided by law. (7) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States." 4. Davis Bacon Act and Co eland Anti-Kickback Act a. Aoolicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and coo rati Fe agreement r rams _ includin the Public Assistance Program. b. All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40.S.C. §§3141- 3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix ll, D. c. In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week. 61 Page 167 of 863 d. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e. In contracts subject to the Davis-Bacon Act,the contracts must also include a provision for compliance with the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti- Kickback Act provides that each contractor or subrecipient must be prohibited from inducing,by any means,any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f. The regulation at 29 C.F.R.§5.5(a)does provide the required contract clause that applies to compliance with both the Davis-Bacon and Copeland Acts. However, as discussed in the previous subsection, the Davis-Bacon Act does not apply to Public Assistance recipients and subrecipients. In situations where the Davis-Bacon Act does not alp neither does the Copeland "Anti-Kickback Act." However, for purposes of grant programs where both clauses do apply, FEMA requires the following contract clause: "Comolincwith the Copeland Anti-Kickback"A. (I) Contractor.The contractor shall complywith 18 U.S.C. §874,40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as maybe applicable, which are incorporated by reference into this contract. (2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12." 5. Contract Work Hours and Safety Standards Act a. Applicabilitx: This requirement applies to all FEMA grant and cooperative agreement programs. b. Where applicable see 40 U.S.C. §3701), all contracts awarded by the non-Federal entity 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 at 29 C.F.R. Part 5. See 2 C.F.R. Part 200,Appendix II, E. c. Under 40 U.S.C.§3702,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 62 Page 168 of 863 excess of 40 hours in the work week. d. 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 underworking 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. e. The regulation at 29 C.F.R. §5.5(b)provides the required contract clause concerning compliance with the Contract Work Hours and Safety Standards Act: "Compliance with theContract Work Hours and Safety Standards Act. (1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liabilit,for unpaid wages. liguidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withhold in for unpaid wade and liquidated damages. The(write in the name of the Federal agency or the loan or grant recipient)shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2)of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1)through (4)of this section." 6. Rights to Inventions Made Under a Contractor Agreement 63 Page 169 of 863 a. Stafford Act Disaster Grants. This requirement does not annln to the Puhlic Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program,and Federal Assistance to Individuals and Households— Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of"funding agreement." b. If the FEMA award meets the definition of "funding agreement' under 37 C.F.R.§ 401.2(a)and the non-Federal entity wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the non-Federal entity must comply with the requirements of 37 C.F.R. Part 401 (Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements), and any implementing regulations issued by FEMA. See 2 C.F.R. Part 200, Appendix II, F. c. The regulation at 37 C.F.R. § 401.2(a) currently defines "funding agreement' as any contract, grant, or cooperative agreement entered into between any Federal agency, other than the Tennessee Valley Authority, and any contractor for the performance of experimental,developmental,or research work funded in whole or in part by the Federal government. This term also includes any assignment, substitution of parties, or subcontract of any type entered into for the performance of experimental, developmental, or research work under a funding agreement as defined in the first sentence of this paragraph. 7. Clean Air Act and the Federal Water Pollution Control Act Contracts of amounts in excess of$150,000 must contain a provision that requires the contractor to agree to comply with all applicable standards,orders,or regulations issued pursuant to the Clean Air Act (42 U.S.C.§§ 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations must be reported to FEMA and the Regional office of the Environmental Protection Agency, See 2 C.F.R. Part 200,Appendix II,G. a. The following provides a sample contract clause concerning compliance for contracts of amounts in excess of$150,000: Clean Air Act (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. §7401 et seq. (2) The contractor agrees to report each violation to the(name of the state agency or local or Indian tribal government)and understands and agrees that tate(name of the state agency or local or Indian tribal govemment)will,in tum, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act 64 Page 170 of 863 (1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (2) The contractor agrees to report each violation to the (name of the state agency or local or Indian tribal government) and understands and agrees that the (name of the state agency or local or Indian tribal government) will, in tum, report each violation as required to assure notification to the(name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA." 8. Debarment and 5usnsion a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Non-federal entities and contractors are subject to the debarment and suspension regulations implementing Executive Order 12549, Debarment and Suspension (1986) and Executive Order 12689,Debarment and Suspension(1989)at 2 C.F.R. Part180 and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement Debarment and Suspension). c. These regulations restrict awards,subawards,and contracts with certain parties that are debarred,suspended,or otherwise excluded from or ineligible for participation in Federal assistance programs and activities. See 2 C.F.R. Part 200, Appendix II, H; and Procurement Guidance for Recipients and Subrecipients Under 2 C.F.R. Pari 200 (Uniform Rules): Supplement to the Public Assistance Procurement Disaster Assistance Team(PDAT)Field Manual Chapter IV,6.d, and Appendix C,2 [hereinafter PDAT Supplementj. A contract award must not be made to parties listed in the SAM Exclusions. SAM Exclusions is the list maintained by the General Services Administration that 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. SAM exclusions can be accessed at www.sam,gpy. See 2 C.F.R. § 180.530; PDAT Supplement, Chapter IV, 6.d and Appendix C, 2. d. In general,an"excluded"party cannot receive a Federal grant award or a contract within the meaning of a "covered transaction," to include subawards and subcontracts. This includes parties that receive Federal funding indirectly,such as contractors to recipients and subrecipients. The key to the exclusion is whether there is a"covered transaction," which is any nonprocurement transaction (unless excepted) at either a "primary'' or "secondary"tier. Although "covered transactions" do not include contracts awarded by the Federal Goverment for purposes of the nonprocurement common rule and DHS's implementing regulations, it does include some contracts awarded by recipients and subrecipient. e. Specifically, a covered transaction includes the following contracts for goods or services: (1)The contract is awarded by a recipient or subrecipient in the amount of at least$25,000. 65 Page 171 of 863 (2)The contract requires the approval of FEMA, regardless of amount. (3)The contract is for federally-required audit services. (4)A subcontract is also a covered transaction if it is awarded by the contractor of a recipient or subrecipient and requires either the approval of FEMA or is in excess of$25,000. d. The following provides a debarment and suspension clause. It incorporates an optional method of verifying that contractors are not excluded or disqualified: Susoension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R.pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals(defined at 2 C.F.R. § 180.995),or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified(defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidderor proposer agrees to compiywith the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions." 9. @yjW,,Ant1-LobbyIng,Amendment a. Applicability: This requirement applies to all FEMA grant and cooperative agreement programs. b. Contractors that apply or bid for an award of$100,000 or more must file the required certification. See 2 C.F.R. Part 200, Appendix II, I; 44 C.F.R. Part 18; PDAT Supplement, Chapter IV,6.c;Appendix C,4. c. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. § 1352.. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. See PRAT Supplement,Chapter IV,6.c and Appendix C,4. 66 Page 172 of 863 d. The following provides a Byrd Anti-Lobbying contract clause: Byrd Anti-Lobbyjng Amendment.;31 U.S.C.A. 1352.(as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C.§1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award.Such disclosures are forwarded from tier to tier up to the recipient." APPENDIX A 44 C.F.R. PART 18-CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies,to the best of his or her knowledge,that: 1. 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 an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract,grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. 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 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). 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. The Contractor,__ certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. §3801 et seq., apply to this certification and disclosure, if any. 67 Page 173 of 863 Signature of Contractors Authorized Official Name and Title of Contractors Authorized Official Date 10. Procurement of Recovered Materials a. Applicabilitx: This requirement applies to all FEMA grant and cooperative agreement programs. b. A non-Federal entity that is a state agency or agency of a political subdivision of a state and its contractors must complywith Section 6002 of the Solid Waste Disposal Act, Pub. L.No.89-272(1965)(codified as amended by the Resource Conservation and Recovery Act at 42 U.S.C. § 6962). See 2 C.F.R. Part 200, Appendix ll, J; 2 C.F.R. § 200.322; PDAT Supplement, Chapter V, 7. c. The requirements of Section 6002 include procuring only items designated in guidelines of the EPA at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. d. The following provides the clause that a state agency or agency of a political subdivision of a state and its contractors can include in contracts meeting the above contract thresholds: "(1)In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements;or 68 Page 174 of 863 (iii)At a reasonable price. (2) Information about this requirement, along with the list of EPA- designate items, is available at EPA's Comprehensive Procurement Guidelines web site, httr,as.I/www.ef,�a gpvlsmm/comferehensive- procurement-guideline-cpq-program." 11. Additional FEMA RggM1 ements a. The Uniform Rules authorize FEMAto require additional provisions for non- Federal entity contracts. FEMA, pursuant to this authority, requires or recommends the following: b. Changes To be eligible for FEMA assistance under the non-Federal entity's FEMA grant or cooperative agreement, the cost of the change, modification, change order,or constructive change must be allowable, allocable, within the scope of its grant or cooperative agreement, and reasonable for the completion of project scope. FEMA recommends, therefore, that a non- Federal entity include a changes clause in its contract that describes how, if at all, changes can be made by either party to alter the method, price, or schedule of the work without breaching the contract. The language of the clause may differ depending on the nature of the contract and the end-item procured. c. Access to Records All non-Federal entities must place into their contracts a provision that all contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff. See DHS Standard Terms and Conditions,v 3.0, XXVI (2013). d. The following provides a contract clause regarding access to records: "Access to Records. The following access to records requirements apply to this contract: (1)The contractor agrees to provide(insert name of state agency or local or Indian tribal government),(insert name of recipient),the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations,excerpts,and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract." 12. DHS Seat 1Lo o;and Fla s a. All non-Federal entities must place in their contracts a provision that a contractor shall 69 Page 175 of 863 not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions,v 3.0,XXV(2013). b. The following provides a contract clause regarding DHS Seal. Logo,and Flags: "The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval." 13. Compliance with Federal Law.Reulatlons.and Executive Orders a. All non-Federal entities must place into their contracts an acknowledgement that FEMA financial assistance will be used to fund the contract along with the requirement that the contractor will comply with all applicable federal law, regulations, executive orders, and FEMA policies, procedures,and directives. b. The following provides a contract clause regarding Compliance with Federal Law, Regulations,and Executive Orders: "This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives." 14. No Obligation by Federal Govemment a. The non-Federal entity must include a provision in its contract that states that the Federal Govemment is not a party to the contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor,or any other party pertaining to any matter resulting from the contract. b. The following provides a contract clause regarding no obligation by the Federal Government: "The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract." 15. Program Fraud and False or Fraudulent Statements or Related Acts a. The non-Federal entity must include a provision in its contract that the contractor acknowledges that 31 U.S.C.Chap.38(Administrative Remedies for False Claims and Statements)applies to its actions pertaining to the contract. b. The following provides a contract clause regarding Fraud and False or Fraudulent or Related Acts: "The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract." 70 Page 176 of 863 Attachment J DMS OIG AUDIT ISSUES and ACKNOWLEDGEMENT The Department of Homeland Security (DHS) Office of Inspector General (OIG) was tasked by Congress to audit all FEMA projects for fiscal year 2014. A synopsis of those findings are listed below: There have been 32 separate instances where GranteeslRecipients or Sub-Recipients did not follow the prescribed rules to the point that the OIG believed the below listed violations could have nullified the FEMA/State agreement. 1. Non Competitive contracting practices. 2. Failure to include required contract provisions. 3. Failure to employ the required procedures to ensure that small,minority,and women's owned firms were all given fair consideration. 4. Improper"cast-plus-a-percentage-of-cost"contracting practices. The following information comes directly from DHS's OIG Audit Tips for Managing Disaster Related Project Costs; Report Number OIG-16-109-D dated July 1,2016. The following may be reasons for the disallowance or total de-obligation of funding given under the FEMAIState agreement: 1. Use of improper contracting practices. 2. Unsupported costs. 3. Poor project accounting. 4. Duplication of benefits. 5. Excessive equipment charges(applicability may vary with hazard mitigation projects). 6. Excessive labor and fringe benefit charges. 7. Unrelated project costs. 8. Direct Administrative Costs. 9. Failure to meet the requirement to obtain and maintain insurance. Key Points that must be followed when Administering FEMA Grants: • Designate one person to coordinate the accumulation of records. • Establish a separate and distinct account for recording revenue and expenditures, and a separate identifier for each specific FEMA project. • Ensure that the final claim for each project is supported by amounts recorded in the accounting system. • Ensure that each expenditure is recorded in the accounting books and references supporting sources of documentation (checks, invoices, etc.)that can be readily retrieved. • Research insurance coverage and seek reimbursement for the maximum amount. Credit the appropriate FEMA project with that amount. 71 Page 177 of 863 • Check with your Federal Grant Program Coordinator about availability of funding under other Federal programs (Federal Highways, Housing and Urban Development, etc.)and ensure that the final project claim does not include costs that another Federal agency funded or could have funded. • Ensure that materials taken from existing inventories for use on FEMA projects are documented by inventory withdrawal and usage records. • Ensure that expenditures claimed under the FEMA project are reasonable, necessary, directly benefit the project, and are authorized under the"Scope of Work." I acknowledge that I have received a copy of,and have been briefed on,the above DHS OIG Audit Issues. Sub-Recipient Agency Date Signature . vy Printed Name&Title 72 Page 178 of 863 Attachment K JUSTIFICATION FOR ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. j ]ADVANCE REQUESTED Advance payment of $ .... is requested. Balance of payments will be made on a reimbursement vvvursement basis. These funds are needed to pay pending obligations for eligible work. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. BUDGET CATEGORYILINE ITEMS 20_-20_Anticipated Expenditures for First Three Months (list applicable line items) of Agreement Example:PW#00001(0) Contract Work$1,500,000.00(provide detailed justification). I TOTAL EXPENSES LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety(90)days of the contract term. Support documentation should include quotes for purchases,delivery timelines,salary and expense projections,etc.to provide the Division reasonable and necessary support that the advance will be expended within the first ninety(90) days of the contract term. Any advance funds not expended within the first ninety(90)days of the contract term must be returned to the Division Cashier,2555 Shumard Oak Boulevard,Tallahassee, Florida 32399, within thirty(30)days of receipt, along with any interest earned on the advance). 73 Page 179 of 863 6.C. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve of top ranked qualifier as determined by the Evaluation Committee from the submissions received in response to the Request for Qualifications 008-2821-20/TP- INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES and authorize City Staff to conduct negotiations for compensation with the recommended qualifier according to Florida State Statute 287.55, Consultants' Competitive Negotiation Act (CCNA). Explanation of Request: The Utilities Department issued a Request for Qualifications (RFQ) under the Consultants Competitive Negotiation Act (CCNA) for consulting services for updating and maintenance of the utility's integrated financial and engineering rate model, including the following work: 1. Program development workshop sessions 2. Engineering master planning integration 3. 1 mprove, modify and addition of new features to model 4. Staff training and tutorials 5. Provide maintenance and support services 6. Project management services The overall output should be an updated user-friendly electronic tool and should be interactive so that it provides the central rate planning for the Utility. This work is an essential part of the Utility's regular planning schedule but differs slightly in that we are seeking upgrade to integrate the master planning for Water, Wastewater, Stormwater, District Energy and Reuse into a single interactive plan recognizing that all five elements are interdependent. On February 21, 2020, the City opened and received one (1) submission to RFQ No. 008-2821-20/TP. The submission was evaluated by a three-person team utilizing a common evaluation matrix. The results of the initial ranking were reviewed at a public meeting on April 14, 2020 by the committee and a recommendation was made to award to the first ranked firm. The scores resulted in the following ranking: 1. McGovern McDonald Engineers/280/ Rank: 1 Following the City Commission approval of this ranking, City Staff will begin negotiating a contract with the top ranked firm (McGovern McDonald Engineers) based on the scope of work specified in RFQ No. 008-2821- 20/TP. Once an agreeable contract is negotiated, the contract will be presented to the City Commission for final approval. In the case that a contract cannot be successfully negotiated with the top ranked firm, the City will re-issue an RFQ for the subject services. How will this affect city programs or services? The software model updated and maintained by this project will provide the Utilities Department with a state-of- the-art planning platform going forward that will be able to respond quickly to any significant changes in the planning inputs and thereby eliminate unnecessary expenditure on plant and equipment. Fiscal Impact: Budgeted Page 181 of 863 There is no fiscal impact resulting from this approval; once negotiated, the contract between the City and the selected firm will be submitted to Commission for approval. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description Attachment Request for Proposal 008-2821-20/TP Tab Sheets Submittal tabulation Staff Report Submittal Submission Details Addendum REC 008-2821-20TP Staff Evaluation Summary (Scores) Page 182 of 863 Srg �j eu IT `Y BEACH REQ`U"E S70R IFI I (RFQ) FO RATE MODEL UPDAT'E'AN 3 MA SERVICES ` r RFQ �r j k r '`r, -,..,T t - ,.a ONLIN su� x + s R« 3 rzbF _ 4 E SUBMISSION ONLY RFQ CLOSINGDINE: FEBRUARY 1 , 2020 LATERNO THAN 2:30 P.M. RFS ! ST FOR QUALIFICATIONS INTEGRATED FINANq{' 'L`A �I ENGINEERING UTILITY RATE MODEL UPDATE ND }A'ID", SERVICES No. 008-2821-20/TP LE 3 F CONTENTS f a� Scope of Sees frmatio �...... €{est,{l .................................................................2 Section 1 SC " eofaServices and i {o�ect Infos aeon .............................................4 Section 2— Instrr' 'on$yC -Propos' s...... "`n, 7 Section 3—Propos*'S.ubrPjq ion Re semen ��{ ....... 9 ............................................. AN F Section 4_ ProposalsF ..... Section 5—General CorriiQns............... ......... ;{ <. ......................................... 14 Section 6 - Special Conditio ri r i}� {� �t���.... .................................20 mioi Submittal of G sal Ilormation, Procurers tt orms and Documents f e prnpleted and 11 t{{'00 ed Onl�i - k �l1 JS Proposer's Qualification Statt ;'.� ........ jA22-27 Anti-Kickback Affidavit............... :...... ...... ............... .t....... ...4,� ................28 Non-Collusion Affidavit of Responder .. �U.... ......... . .... .....................29 rix Certification Pursuant to Florida STAE X8,7.135........ { ,.......30-31 Draft Contract ................................................. .�. �.. ... ..... s t Draft Contract Agreement 4w { C1-11 ..........................: 1 „ {,�,� Insurance Advisory Form ... ............... ............... �. . ................. Exhibit `A'.................................................................." FeeSchedule.......................................................................................... Table of Contents 1 REQUEST FOR QUALIFICATIONS FOR INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES '}IsrSi RFQ# 008-2821-201TP �s,��Y, Electronic Requests ft2rlificatio (RFQ's) shall be received by the bidding system up until: FEBRUARY 21, 2026o L T��"e 2:30 PM Local Time). All RFQ's will be publicly opened ark{ "1 a names of the Proposers will be disclosed. RFQ's received aft r the assigned dat On, time a e.not permitted by the bidding system. For the above �� YY �' to complete your online Submission and to resolve reasons, i �k cohhhended t suffl fent i IisYYffti4 any issues t• mg rise. T e clos a and date shall be determined by the Bidding System's r web clock. 55 t ATTENTION ALL I-NTE° STED RES DENTS. ILI To obtain docume4w-'Itnli a lease t E r � -fie, �����nom` . :� frr . Documents are not rovided in an other of ,' p Y �, SCOPE OF SERVICES. _ �`�� A > J; I hfrlg3 11 S\l F ji The City of Boynton Beach s ks lsubmittal bf proposals fry firms qualified in Financial and Engineering Utility Rate Model%, 6- '3�ent and maintena The successful firm(s) shall have experience in the developing and inri�g ad ynam�Yist{ `' Y set tin ,ii�odel capable of utilizing real- time operating and capital budget rm Thes moded�w; �'u fed to evaluate changes to N 9 operational needs and adjustments`, la- d capital pro '`` to prdlct the long-term financial outlook for the utility. miff"��"'` IV,�,fi ��` w„ guts i 'i11 ELIGIBILITY: A. Proposers will be eligible to respond is equest for Qu 4 'ations tJ#� , ,_proposing firms demonstrate that they or the principals ign o this prqjct,� su ssfully completed services similar to those specified in the c ?e I ervices�[s 1t B. Proposers must include as a part of the RFQ s it al, Buff, , r station, client references, and qualifications to support their adility expenbr �t� perform the services contained in the RFQ. CONE OF SILENCE: Pursuant to Palm Beach County Ordinance Section 2-355, after the deadline to respond to this RFQ, members of the City Commission are prohibited from communicating directly or indirectly with proposers or respondents regarding a particular request for proposal, request for qualification, bid, or any other competitive solicitation until such time as the City Commission (1) awards or approves a contract, (2) rejects all responses, or (3) otherwise takes action which ends the solicitation process. Improper communications during this "Cone of Silence" period may result in a penalty as outlined in Palm Beach County Code Section 2-357. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 2 PUBLIC RECORDS DISCLOSURE: Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provide a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City "'{ p yct t.$ fall Responses submitted in accordance with a Request for Proposal/Qualification or 113111.1t, tion tion WiTid, and the City concurrently provides notice of its intent to reissue the competiti} r�, oictation, e refected Responses remain exempt from public disclosure until such time as tip`"'city""""", notice of a decision or intended decision concerning the competitive solicitation or until the C� �," t hdraws the reissued competitive solicitation. A Bid, �n 1�7r Proposal, Response or reply is not etnpfi dor longer than twelve (12) months after the initial City notice rejects g all Bids, Propos ;4,fp �r re lies', Questions r64ed to #his RFQ are t%1 mitted to the Purchasing representative through the Bidding Syster%ayalyiyfclicking onlst : "Submi}l? j� estion" button for this specific Solicitation. CITY OF BOYNTOfEAC1 �h,{;} Mara Frederiksen �t� t„t����t,;�,,�3 Director of Financial” ''INr +)}, qr i t`� q N Boynton Beach Utilities, Utility Rate Model Update&Maintenance Services 3 „ ST FOR QUALIFICATIONS 'M,t„a, ; Q No. 008-2821-20/TP �t FOR ,tilt,.'}fit' 'y” ENGINEERING UTILITY RATE MODEL UPDATE AND INTEGRATED FINANCIAL M TI s ANCE SERVICES r )�� St6t10 1--SCOP ,,c SERVIC 4 ,.rAND PROJECT INFORMATION s 1.1 FD r '`�,�. BACKGl46, lF�� c The Boynton "c4��ty (BBl1lepartment lops rates and charges for all their utilities on an annual b �. dition, U contir� sly conducts engineering planning updates based on the nerstmg nng of capital prof acts to meet their overall obligations to maintain reliability, meet an�future reguh�� ;,�ry requat}t� and to accommodate planned growth. This includ s ee ,g their m � Ht'�At ectives to operate and maintain their utilities at the least co itAbx'- +,maximums benefit to puk4AItt nd environmental health. The Boynton Beach Utility Uep Ment recent'`�` inpletedcttte initial first phase of the � +, v�'fa�1�� development of a Utility Rai Mo The pnn^� goal 1 delop enhancements to the Utility Management Optimizat�or,M �0 (UMOP)that nsultants developed to assist in rate setting. The benefits of the full integrationo ng, e�ring anq nancial o �I��ums will be the ability to evaluate changes in projected wate v#ma�and wasfiewater f It will allow management to run forecasted scenarios to reduce ri F �tf� ' 0 #over or unmve �� capital facilities, to track and identify the latest technolog ,for-loproved effi! ��e�t sand pst savings, and to predict with more certainty the timing of n! eg Mjons—rad ing then itential for regulatory compliance issues and potential penalties 1.2 GOAL: ; The first phase goals that were achieved help dto make e the existing model run faster, improved programming flexibility, and to achieve better, faster data import and management capabilities. In addition, the Phase also added new Bores and functionality. These include: • Improving the use of inflation adjustments to show impacts on costs only, so that the"gap” between revenues and costs can be viewed, and appropriate adjustments in rates can be made. • Fully incorporating the changes in escalation of capital costs in the calculations of CIP cash needs, and on rates. • Improving the ease of revising O&M and capital cost allocations, and allocations to billable constituents by user class. • The ability to more easily set reserve level minimums and maximums to help preserve a "pay as you go" strategy and to optimize the need and timing of new debt issuances. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 4 The UtilitiesDepartment is now taking final step withthis obuild engineering linkages into the financial analysis model. This will fully integrate the en i ri nd financial linkages II r automated master planning functionatty, This functionality automatically shifts the need andtiming f projects (along ith pnpJ',,6f0d annual capital, costs, projected rates charges) population projectigr�§��i-e up ted; as new treatment requirements are implemented; and as m it i�naus Renewal & Rep ,1g,Mpnt (IR4, projects approach the end of their useful lives. 1.3 TERRA OF THE PROJECT The initial Contract period,",,", be f ,��pn initial term of three (3) years, commencing on the date this ch$ract is�i #t sigi�tbthe pity or consultant. The pity of Boynton Beachl�urc +aIing°I eager in cons etion with the Finance Director may extend the agreement for t att�A?�4f rai�� o (2) ddeton itwo (2) y ,r no s & .the terms, conition , subject to vendor cc t n � � k, s tisf ct ;.e r ��,, ermined y t Purchasing Manager, n �xtr,�t ,t determination,;by the Purchasanr` an Ir that" will be in the best interest of the City. The Services to be Oerformeull "unng t i initial tree (3) year term will be governed by this Agreement, ar'd that`there is nolarantee of f, tie work being given to the Consultant. 104 AYi1,4RD OF RFWP L I i ZT ION PROCIES d > 1.4.1 Selection of' psuff (s) shall with Florida Statutes § 27.055, known as the"Consult Ms' C petitiveaon Act"� ;i, is solicitation intends to establish a contract with a minimuraiof 6&J1)} no more than, ^�eximum of two (2) consultants to be used as-needed to provide°pfoiho nd of icient '`ssional ,rvices. ��& 1.4.2 The City will design P'r ct Manager ,�< � h prof $ based on this resultant Contract. The Project ManagKAnll p -are scop �� er �s for each task assignment that will be submitted to the awarded esu t to pr a the estforrt�� specific task order in accordance with the hourly rates to be earaolished fo his Contraqj l r 5 1.5 SCOPE OF SERVICES: , . �»'S;,o"'i�111\t t(siat' , 1. Programming Development Working e I f)& Condta&�rkmg scions with Boynton he��ill be hands-o "��rkmg io Beach ns where Utilities Management Team and Stk� ns where Consulting Team will do live demonstrations 011e work-in resg;�,,r f ie Utility Bate rh E�z`y fit,k Model.2. P Engineering i . The.,pAirpose of this task is to develop computer algorithms to automate the identification 6f-4w CIP projectsti the primary inputs that drivethe need and timing new/rehabiI616d facilities. 3. Improve, Add New Features and Functionality. k improvements programming n nctio lit . These new featuresuncti n liti include: a Fixed and Variableos lloc do s. o Integrated n Automated roj c Timing n s. o Pass Throughj st nts. o Other Features, As Requested. 4. Staff Training 1s. The purpose of thistask is to developn electronic Quick Start Guide, n conduct training sessi n for City staff. Boynton Beach Utilities—Utility hate Model Update&Maintenance Services 5 5. Documentation and Summary Presentation o Provide a written narrative summary of the software design intent, model structure and workflow, major assumptions, and key features and functionality of the model. o Develop a 1P`r 'Point graphical presentation summarizing the features and benefits "the' ne oftware update. +'J it ill} 6. Provide Maintenancessa d��*�pport Services tf , o The services uric ,this ask are intended to provide for continuous support for Boynton Beachx, Mies sta�fin developing solutions to fix and/or add new features d fundi 14,:'to th��#� s or an initial period of three 3 ears. p � ) Y PQ_q,e on-going"',"',it :chnical ort includes on-call services for troubleshooting rid cork ar ;, d 'ng . olutions, incorporating staff requests for ro�ents to the.t; unctiorlity and features, and staff training. , �� `ll�s�,ia i, 7. Project Manan edit. onthly egress repo � . .tracking and managing the budget variance based on actua rs1dgetec; F, ntainir 'e overall schedule, and coordination of sub- consultants. }ft}## #1tY\l o On-going' rdipn of to ���„ z ovation, and creation of"work around" f� solutionsto� hietroject l� tai}4����j}� o Maintain budged'Ache�dt e, overall Q ;-and asfafe responsiveness to the City. o Submit monthly prOports. 3',»sy# tifN ti ,i i 0 { l >. ''q}i "' i{ ' A i THE REMAINDER OF THE PAGE IS IlEN� ALLY L ,tr j�BLANK. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 6 Al 1(4EQ {t, ST FOR QUALIFICATIONS No. 008-2821-20/TP �s, FOR INTEGRATED FINANCIAL AND ' ,�� EERING UTILITY RATE MODEL UPDATE AND ` TE` NCE SERVICES n k TION INS, CTI 'SC �`` �� �S TO PROPOSERS M - u t4 2.1 Electronic R64est r Qualm,,tions ( HQ's) sh4gNl be received by the City's e-Procurement bidding systei rio latgohan: F RUARY 21 0 No Later Than 2:30 PM Local Time 2.2 Late responses a"ot p ,miffed by thsystem It shall be the sole responsibility of the Proposer tato Piave th RF tgplll.submittal submitted online. '40�;i �s 2.3 Proposers shall acknor�' dg6toceipt of any addenda thr the Bidding System by checking u�riS��4i� a box for each addenda-ft'0 anyattachrr � 2.4 It is the responsibility of the P epo§e�' o have received all t� dEnc27 that are issued. Proposers should check online at Bo� W,prior toy ubmitting their Submittal and up until the RFQ closing timeand ate in the' ,��rit act �ionaI addenda are issued. 2.5 To obtain documents online pleas&- t tK jR b� dsan . You may preview the RFQ documents with a Previ4 IIW6�mark prior to re tenng for the opportunity. Documents are not provided in any ot�mdhner. ���, u1 eta tstf41V�4t. 2.6 ELECTRONIC PROPOSAL SUBMISSIO ,shall bceivedti�#'the Bidding System. � h Hardcopy submissions are not permitted tiGA"Aw {j3t�` 2.7 Proposers are cautioned that the timing of thek,45ubtf�ittsl Submit""' is based on when the Proposal is RECEIVED by the Bidding System not wen a Submittal is submitted, as the Submittal transmission can be delayed due to file trataasfer size, transmission speed, etc. 2.8 For the above reasons, it is recommended that s4 cent time to complete your Proposal Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 2.9 Proposals should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at bidsandtenders,net, 2.10 Late Submittal Responses are not permitted by the Bidding System. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 7 2.11 To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 2.12 All expenses for makingg,R= °,responses to the City are to be borne by the Proposer. 2.13 A sample draft,-"-,,3'1, rnent "J'At the City intends to execute with the successful firm(s) is contained witlfrn this "J'At Qualifications for review. The City reserves the right to modify the contract language pn licexecution. The actual scope of services and consulting � � ,Y �#o . fees will be negotiated follo sel ion of the top firm(s). "' 2.14 EachProp '}`'�" FQ response, acknowledges that in the event of any � r, �t;, . legal actionby sllenging the lssio, r of a RF9; damages, if any, shall be limited to the actual cost of,te�pration of thFQ01 . }� „s J,rtu "I Nil r „ THE REMAINDEFW, TrJB,PAGE ISINTL1tONAL ,LEFT BLANK. ,yyyyaaaa--- i�t�'+1` � q;Rtp�t J ,err t?Eit) �g� CIA `Jig ',1rrt.s„'J Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 8 a rs, i1`i41 „tu's'kfEC�U o. 008-2821-201TP t'?�{ FOR INTEGRATED FINANCIAL. AND , ; ERIIVG UTILITY RATE MODEL UPDATE AND TEN ' , CE SERVICES I I ` — ii .013-ASSION REQUIREMENTS -- 3.1 SUBMIP,Ri50OS LOrli A. General Requitej encs. The p"Tpose ofrr•: e Technical Proposal is to demonstrate the h,t qualifications, doipet� ce„ and capactfy of the ,firms seeking to undertake the requirements of thi Rpquet for Cualif,u� !„ s},� °' ;"the substance of the Proposal will carry more weight t "a6 than length, ,{�rre°cifmanner{�,C��; presentation. The Technical Proposal should demo trate e quahfncation of the and the particular staff to be assigned to his engageme'rt i ftuld also spg tip ra appr� ch that will meet or exceed the Request for Qualifcatiorts re irements.. r�' }\}t` �\ rts,. The selected Firm(s) shall provide tlxfcient orgra �tiYiort;`��rpersonrtel, and management to carry out the requirements of this R han expe, us andA conomii l manner, consistent with the needs of the City. Addit II select # Fir ille�0r, quire to demonstrate recent experienceit t succ ul d I tion, Fs nc it r to those specified within this RFC. �..�i",, 'trt����� 5 �sr)R1}1� �rfi���,� B. Certification and Licenses. Proposers rnust" clude with tfla`r'Prop ; Is, copy(nes) of all applicable certificates and licensing or ness”, ermits relaork specified herein. C. Detailed Proposal. Each of the eight (8) sect",-" listed below shall be completed online through the bidding system. 1. Letter of Interest—To be com pleted online The Letter f Interest shall summarize the Proposer's primary qualificationsn firm commitment t r vi the proposedservices. 2. Firm's u lific i —To compLeted, lin____ } Complete and submit ro s is Qualification Statement. } Describe the Firmprovide a statementFirm's qualifications for performing requested consulting services. I i services iwould completed by your Firm's taff and thosewould e provided by sub- consultants, u - con ul nts, if any. C) If the Principal Place of Business is differentthan the location specified in the Proposer's QualificationStatement, then proposer shall specify office location Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 9 where each project will be managed and produced. 3. Qualifications of Proiect Team, Jke proiect members and availability of specialty resources. -To be attached online Provide an overview of4the qualifications of the specific project team to be submitted by the Firm/Individuate''p�"dorm the requested services including: a) tioant� art that clearly defines the lines of authority and specifically lis fs the Pr poser's ,� ff for the roles of Client Service Manager, Project erand prim di" , n "'�� " Manager, p �r ,,yt�oject Professional. One individual may perform more than one role gz�t�ese project team members are hereafter referenced as " 1. B. ovide resumes � ��`a�l',,� ' ro ect members outlining the relevant experience a education to 4 total ,; � mes at two (2) pages each). ` c) n t� It ae Cit will not allow substitution of key =ro'ect Pro Deers are t reco memers duri6 they pct en' without theagreement of the City. 4. Current end Prdected Workload of the Pro oyW—erlby local office, if a licable - To be complete; 6TAne'° t1\, ' a) Provide �uanfit eve data thatctearly i}r i -f the ability of the Proposer to 4 , n tr�ls sie devote tTne 'sary recess Ily complete the service and projects in im�i�;manne�.' Current an �� ejected workload data shall be provided for each 61 � roiect member as' Tows 4fi 7 `l,r i} 111 1. Current probe wo sting an.2.remaini a1kAbor mmitments. 2. Historically, de b t pical nisi 2tier of} r �ects handled by the Proposer's key pff Pt rri" agers atony given time�,0�F� 3. Projected workload of rod r�nanage.ment ac�� itres as defined in the scope of services. N5),p {, v, ,V 5. Demonstrated Knowledge -To be cox le4,online a) Provide three (3) projects for si tor o�rnmental, ttlit s h-le that were successfully completed demonst g , erience l�`r,,zi 1 tied to" the scope of services herein. One (1) complete je�submission relating to utility master planning and rate setting, and two (frmpleted rate setting projects involving integrated engineering and financial autoAation model development. b) Provide the name, address, and telephov'humber of the key project members named on the projects submitted for demonstration. C) Provide detailed information to include but not limited to graphics such as pictures, or supply supplemental information to illustrate key aspects of these projects. 6. Approach to the Scope of Work-To be completed online Provide in concise narrative form, the Proposer's understanding of the City's needs, goals and objectives as they relate to the project, and the overall approach to accomplishing the project. Give an overview on the proposed vision, ideas, and methodology. Provide timelines to support the approach. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 10 7. References Performance To be completedonline Provide three ( ) governmental agencies references that re similar to the Integrated Ft ci I and Engineeringilii t I Programming, and Maintenance. projects must v completed follows: Two (2) i, �� projects within the last fifteen (15) years and on (1) project the ,�, +" tt�jB)13� Prapo 1"""'J''l '' ' e mpleted within the last five (5) years. Proposer shall provide then f ;'li�wtng ref `s nce information for each of the three projects: 1) Name of A ' rc Y, XI �of Project, 3) Address and } Contact Name, Email Address g } ��� �t.� ; and Telephone Nur The City is interested in learning of other firms or government ager eeriences with your firm; as such, please do not list the 411 City of Boynt � "a referppce. P Contact rodrsons t ' e informed that thgy are being used as a reference and thafthe Cityr tl `7si l,0III, contacting for information. Selection_ ,.� or iini f; r or,� , . n ' wil l email or call eachreference up to three t1mes. If there W.A `answer al' r the third attempt, the City may apply no tents fdr hat oroi exp eri6 cue B. u -Consultat `=To be c" Wieted onld 4s r so a. of "_ Y c cult is yu propcs yA,9y utilizesupplement our Firm's staff. iyi 3 tFil\4�!`Y. 1�� R} 3�u`�" y y - `dt��t> tt -F Iw b. Sub-Consent f�r s and V `personnel these firms shall be clearly identified may "• �, u C. l q tific tion ' -Consultant fir , providin , (i''`` nificat services that a' 0 i'rS r2 \lS mar i �)lSjl be assigned tha�"i tj t "lil �111�1t 1- {" n"S(Sll��lt4f 1 ��,Sffj�+ 9. Submittal of General Infoation4d Procu �ent �� s and Documents � `kflr�Sti'���'�� Procurement forms rr�u .u bcmplete ` signed, netted, up loaded and or acknowledged when rQpjitd �submitt cl. In ad F ion, all other requests and supportingcu t do : ,..?ul ; included. 11St11jSt s SR ,(sS�VF i , a) Proposer Acknowledgement- wine Acker �ldg nt b) Proposer(qualification Sta;!�aent 'Id,pload Online c) Addenda Acknowledgement—qnAA6 Acfrnowle Anti-Kickback Affidavit— Upi e) Non-collusion Affidavit of PropoW, Uffload Online f) Confirmation of Minority Owned EfG kn.ess - Online Form Certification Pursuant to Florida7.1 - Upload Online } Confirmation of Drugr or I c k° li Acknowledgement i} Palm BeachInspector General - Online Acknowledgement j} Local Business Certification - Online Form } Statement of Non-Submittal (if applicable) - Online 1 Schedule u - nsul n — Online Submit current Floridar ssio I License, including evi c possession required licenses r business permits Attach and Upload — n} Submit proof of Professional Liability Insurance t the levels identified n the Insurance Advisa or —Attach and Upload o) Submit any Supplemental information relative tot is RFQ —Attach and Upload Boynton each Utilities-Utility bate Model Update&Maintenance Services 1 r � FOR QUALIFICATIONS o. 008 , FOR INTEGRATED FINANCIAL AND EI1 ERING UTILITY RATE MODEL UPDATE AND A�„ TEN „CE SERVICES t 46 � 4w, SCTION .:— EV,, ' 'iTlO `��,OF PROPOSALS 4.1 EVALUATION ITx Vit'`` OR311� . The City will d ,11 na `�a SeI on Co rttee to review and evaluate all proposals ANN&,-, submitted in res ase this solicitatio he Committee shall conduct a preliminary at�s evaluation of all re onses ased on th Rm tre =f rA Aided and other evaluation criteria as set forth in this soPtafi rJ The s"q� ° .r.©fithe be ualified Respondent(s) will be based on whether the pi` ont(s) are responsible r esponsive which means a Firm that has submitted a pr esal fi a�#hconforms in all " nal respects to the requirements in this RFQ, and will be evld` follows: l '�`l` Evaluation Criteria ,���, ” aximur0otential Points Qualifications of the firm 0 -20 Assigned Staff Qualifications a Ex fence � �,;, ������% 0 30 Current and Projected Workloa Proms&t Team ���f 0 -,-,05 l „ Demonstrated Knowledge of the QncialLa140, te System,' ��ut0 Project Approach �tk,�-j,,��t`,� i�,�;',�'`�'���,�a� ,20 References 05 Local Business Preference Total Points A. Evaluation Process LP PURSUANT TO THE PROVISIONS OF F.S. 287.0��'�CNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": � ' 1. A Selection Committee consisting of City staff members, and outside consultant(s), if deemed necessary, will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. 2. In the event less than three (3) firms express interest in a project or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision is to re-advertise, and after a subsequent advertisement, resulting in three (3) Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 12 Page 1995 of 8614, firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will evaluate, score and rank all responsive proposals based on the requirements of,the RFQ and may create a short list of a minimum of three (3) firms deemed to by f � most highly qualified to perform the required services. In the � ree 3 responsive proposals, the committee will give further event there arzza ��thanl� h O p p P considerate`fie� ll respc� ive proposals received. �,w{} T }fit +i 1111;�ittli�gS 4. The Selection Committee rr �y��,t its sole discretion, request additional information or 5 clarification of any inform ions 'bmitted by Respondent(s). 5 The Section C 5}�, #tee, r �i`duct discussions, interviews, or require presentations frorn t#aex shortlisted fir : 5''t�pon completion of the discussions, interviews or pr+ entati&s, the Co„r ittee wivaluate, re-rate and re-rank the proposals . t ,55 a , remgpmg >��onsider �on and„ d ups' �n the evaluation criteria listed above. 6. Upon fir ,ra6 , the lid f prop rs reco mended for award will be submitted to the City gotsnmisn for a , oval } 7. Upon approve by the-City Commissioity will negotiate an agreement(s) based on the attachddraft ontract develo e from thl 5 quest for Qualifications. The City reserves the rift c A� le additio�'' l ` � rsifi the inclusion is in the best interest �ll�� of the Cit as deterrrnin6tolel b `tire�it Assum the successful negotiation of an agreement, the finb`,t=cont d(s) will be sub h' o the City Commission for their consideration and app' vaf:� �'- '101,,,12�v` 5, 1 , }S> ai� } dol,,}, THE REMAINDER OF THE PAGE IS IN ,00,NALLY LEFFT,"j,Uwk �c y lv Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 13 ,�'RQUET FOR QUALIFICATIONS RPt No. 008-2821-201TP „.t FOR INTEGRATED FINANCIAL AND E ` "ERING UTILITY RATE MODEL UPDATE AND TENS CE SERVICES �u f. ,,til SECTI , , — G � ��� CONDITIONS - FAMILIAITY WIfLAWS, The ki, oser' J, presumed to have full knowledge of and be in 1 comp)nce with al eJeral, State, ary Local laws, ORI:prances, rules, and regulations that in any manner affect the e4lif etid the rices prova '-d to the City. Ignorance on the part of the Proposer will in no way eProposer respo£����� lity to adhere to such regulations. 2. RFQ FORMS: The Prop6;6 wi submit a E , Q ,k &V i forms provided. All RFQ prices, �lrtl���� 41£s�tu amounts and descriptive rnfQ�atibr -must begti�ly"entered Proposer must state the price and the time of delivery for whr�-th opose to deliver theipment or service requested. The srr Proposer IS required to be licen,�e�t �' ",business as tt���t' iVidual,�p�rtnership, or corporation in the State of Florida. All RFQ formrust ' hexecutes' h'd sub �l f �„easy identification. RFQs I. not submitted on RFQ forms her mie�, e refected All £�F't s are��A£'� bject to the conditions specified within this solicitation docu6nt '{. Qs whichA, not&mply vrnth these conditions are subject to rejection. � ' 3. EXECUTION OF RFQ: RFQ must contdi0l#kmaI signattare of an a i orized representative in �r the space provided on all affidavits and pro al ets. �t£���£. l s # s ? Vl't 4. NO SUBMITTAL: A NO SUBMITTAL response�a -bee'emitted i00 throu�,the e-Procurement bidding system. l'£M ra3,t,�t: iup ,� 5. RFQ DEADLINE: It is the Proposer's responsibility fqG ssw tk hat the 6,11,fes� t ubmitted electronic ce by or at the proper time and date prior to the RFQ IinLate Submittal Responses are not permitted by the Bidding System 6. RIGHTS OF THE CITY: The City expressly reserves the rh to: A. Waive any defect, irregularity or informality in any RFQ or RFQ procedure; B. Reject or cancel any or all RFQ's; C. Reissue an Invitation to RFQ; D. Extend the RFQ deadline time and date; E. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective Proposer has: Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 14 A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contraj��t�t�� � iJn the State of Florida and the City of Boynton Beach; E. Supplied all necessary„fi,for�matIII, in connection with the inquiry concerning responsibility. 8. INTERPRETATION§PAnconcerning conditions and specifications should be directed to the Purchasing representative throb �he Bidding System only by clicking on the "Submit a Question” button for this specific ,F nd,11I ter than ten (10) days prior to the RFQ deadline. Inquiries rst reference the c. tz; yhich tRFQ is to be received. 9. CONFLICT 1NT REST: Thea `4 d hereunder is subject to all conflict of interest provisions of the City of Boyntcn Seach, Palm each Cou a , oe State of Florida. �t f, ' fi'SA1J 10. SUBCONTRACTI if a4,Propts any portion of a Contract for any reason, the Proposer must stathe n' e and ress ofe su nsultant and the name of the person to ,., be contacted on the atthched"Schede` ' of Subconsul�ts". The City of Boynton Beach reserves the right to accept or reject r y or all �', wher �'` rxa subconsultant is named and to make the �y� y award to the Proposer, v�otli,w made opinion of th f it , will be in the best interest of and/or most advantageous to the Cit 'he a also resew" the n t tb�; 'ect a RFQ of an Proposer if the 9 Y ,, - avY � tg , J Y p RFQ names a subconsultarrho, s previo ��r�jed m the prey performance of an award or failed to deliver on time Conth, s og4imilar nature, or who et ���i�llsa��n `tn a position to perform properly U UJ under this award. The City ress alb!� hts in order to m i" a determination as to the foregoing. * SDS .'?�< �1� c � i 11. ADDENDA: From time to time, the City'i4, issue 96 addend a the a ge the intent or to clarify the meaning of the Contract docur er t r��e all addenda} ,, vailable«4o Proposer through the City's e-Procurement system E �ti I . c ,bids oI "Rp2t, it is each Proposer's responsibility of each Proposer to have�i;eceivq.ALL adtl nda that'are iss``¢'d. Proposers should check online at Rnrc - l . it dersvrlet prior t+ ubmitting tfpr 'proposal and up until itdenda are is the RFQ closing time and date in the evenfd i ,al ad � d. If a Proposer submits their proposal prior to the RFQ closing tiN& nd ate and an add da have, „ en issued, the Bidding System shall WITHDRAW the Prop suklssion and tae`"su sit I, `tus will change to an INCOMPLETE STATUS and Withdraw th' FQ f oposal. ��e 6oser�i' pan view this status change in the "MY BIDS" section of the Bidding S tenni "�`' >w The Bidder is solely responsible to: ais„t�� }?��, • make any required adjustments to their Bid�*4 • acknowledge the addenda; and <µ , • Ensure the re-submitted Bid is RECEIVED byJhe Bidding System no later than the stated bid closing time and date z `' 12. ANTITRUST_CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach,the Proposer offers and agrees that if the RFQ is accepted, the Proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the Purchasing Division tenders final payment to the Proposer. 13. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. Boynton Beach Utilities—Utility Rate Mendel Update&Maintenance Services 1 14. ON PUBLIC ENTITY CRIMES—All Invitations to RFQ's as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who,-,,K tieen`f,�ilaced on the convicted vendor list following a conviction for public entity crime map�' 4abmit aA�# Q on a contract or provide any goods or services to a public a RF t£ ��+o,, ontract with a public entity for the construction or repair of a entity, may not subrr�tt public building or public or may notramit a RFQ on leases of real property to a public entity, may not be awarded or perform wotractor, supplier, subcontractor, or Consultant under a contract with any public entitfiitransact business with any public entity in excess of the thres afia amort provic dt n See+!m1, - .017, for CATEGORY TWO for a period of thirty-six A' i �a»ll���5)ttff�tl ff (36) month9:t pm&I ,-date of being aace� on the convicted vendor list". t1 11,a,,, »t'i£', r, 15. SCRUTINIZE&&MP,, .NIES LIS3�S Florida,, ` ' 't'tu � %;;Section 287.135: By submission of this RFQ, Proposer certifies: t Io�oser is`not acting i " boycott of Israel. Proposer further certifies that Proposer is n n 01.6 crutini '"'d-Com e p plies that Boycott Israel list not on the Scrutinized 74777 �� ��� y , Companies with Act es n Sudan Lam, and riot on t scrutinized Companies with Activities in ?�t�. s� the Iran Petroleum Enegyr List, Chas Consdnt been engaged in business operations in Syria. Subject to limited cep io_s provided in st `�,1law, the City will not contract for the provision of goods or services with�ny scr�itiRiized compam eferred tp ve. Submittinga false certification �a�t�Z{'�' �£ r£,� ,t vo t sD£'41t} shall be deemed a matey br of con„''fit ,, ti£sss�' ' shall provide notice, in writing, to Consultant of the City's deter a oncer �11` `' lie false ce£ = tion. Consultant shall have five (5) days from receipt of notice -1. f L e false certification alligation. If such false certification is discovered during the active cot teri= Consultant sl have ni z (90) days following receipt ,>��Uy his t f of the notice to respond in writing d�nstrate 1t the det al n of false certification was _ �, made in error. If Consultant does nil dmatrate that the G ��' �cetermi'otion of false certification was made in error then the City shall have the jht to ter ' 'te th+���ontraand seek civil remedies pur§uant to Section 287.135, Florida St tes,_. , amend =from time to tim7�: 16. NON-Cand shaO11 subm� the formAw with their�Pro er�II complete the 1 -`Collusion Affidavit Form rop9sp I-- TWCiity considershie failur g the Consultant to submit this document to be a major irregul �, anday be ca #eirjI£0ru of the Proposal. DE T: Any language in 17 confidentiality aEty of any portion of the Proposal, excepe �roquire eoser'nt that' mation isto en the City's opinion a Trade Secret pursuant to Florida la a"e void. Ifa Proposer submits any documents or other information to the City which the P ser claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07(Public R ords Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting tha ihb document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret.The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 16 9 fWi M, Um FUMMU Winlarclim - of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession All records stored electronically by Consultant must be provided to the City, pph.roquest from the City's custodian of public records, in a format that is compatible wF3�'tte infora#ion technology systems of the City. ii ii4i2+f,�>iS fiV i��}(i`fq{ E. IF THE BIAS QUESTIONS REGARDING THE APPLICATION OF CF 5, IR, 119, FLORIDA STATUES, TO THE CON ULTTTTT�NT'S DU. � .}�t�TO P ""QVIDE PUBLIC RECORDS RELATING � f�� SACT THE CUSTODIAN OF PUBLIC TO S �ONTI CT, } 5 RECCAP,$• - ,_ r01 YSTA $+ N CITY CLERK l . 3 QUAfk UIbA BLVD.,-O' UITE 101 YNON B ►CH, F IDA, 33426 561"-742 61 BSONC 2 , 24. CONTRACT AGREEMENT: An Agreement outlining the Scvpe cf"a ervices with th ,� tent of�accomplishing a timely, cost- effective completion of a given p act w be provideqls��,� pec1 1 ��s ',Order stipulating the Scope of Work to be provided will be issd aft a execs ion of sa le ogre Ment. The Agreement will s be based on successful negotiation 25. FUNDING OUT: ' The resultant Agreement shall remain ih f ff�r and eff' '�ct only as{ ,_ as the expenditures g ; ,.. Y xn9 p provided for in the Agreement have been r gated by the City�,��� ommissisan for the City of Boynton Beach in the annual budget for et fisc year of this,� jree r ,`�, td is subject to termination based on lack of funding. R &1 26. PALM BEACH COUNTY INSPECTOR GENERAL A���` t„ The successful Proposer is aware that the Inspedo a unt al of P , hr�0ohas the �s{ Y authority to investigate and audit matters relating (q5) he 6,71gotiatiorformance of any Consultant Agreement/Task Order resulting from this sroitation, and in furtherance thereof, may demand and obtain records and testimony from the ConvOltant/Surveyor and its Subconsultants and lower tier Subconsultants. The Consultant/Surveyor (�,a rstands and agrees that in addition to all other remedies and consequences provided by law, thfailure of the Consultant/Surveyor or its Subconsultants or lower tier Subconsultants to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this Agreement justifying its termination. The awarded Consultant (s)/Surveyor(s) will be required to sign the Palm Beach County Inspector General Acknowledgment Form as part of the final Consultant Agreement/Task Order. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 18 27. LOCAL BUSINESS PREFERENCE: The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. Re "For all acquisitions made p `� {72 � r� quests for Qualifications or�t to Requests for Proposals, Requests for Letters of ,) gest, solicitation shall include a weighted criterion for Local Businesses of fiveperi ' poin z11, %) of the total points in the evaluation criteria published in the solicitation. Focgty made pursuant to Requests for Proposals, Requests for Qualification or Requests for Leiters of 4, rest,where the solicitation includes a qualitative ranking rather than a quantitative selecti ��z� Et=t�evaluation criteria shall include a Local Business preference_as reasonably deter,, by th inancial Services Department, Purchasing Services, consisten kh th4 tent of a Poli% E uch solicitation shall clearly define the application of the Local B nes reference. JIIL In order to be ct s,ide4 for a to 8�busin �`i refe ice, a Respondent must include the Local Business Statu$ rt1fi16ation Form a ` ,�me o Q submittal. ��b h t4,f x sl r , xs Failure to submit this rm-lat the time RFQ submitt inrill result in the Respondent being found 4 i �l �$7 P�1 ineligible for the local bsina�.,prefere � for this recitation and will receive zero (0) points for that criterion. "�or am " 3 t If the Respondent meets t"l .regxlf`ements of otress as defined by the preference, the proposal will be awarded the Aalf 5 psts allott each evalu committee member. Firms not } meeting the requirements of thy=-Pret'er ce will receive zero, rets in this evaluation criterion. 3t THE REMAINDER OF T PA07 IS INTE , �tiONAL``'����1 LEF BLANK. ! 4 {� 4 ,Set IN, X10 311 �., 1�• �,> fps,,i•, It Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 1 > EFOR QUALIFICATIONS Na.008-2821-20/TP 4or?�AktFOR VV` �ti� � ��ri INTEGRATED FINANCIAL AN13", �VGINE�RING UTILITY RATE MODEL UPDATE AND sAIT, 11 `� CE SERVICES SECTION 6 ' _ }{\ CIALONDITIONS . ,, � 1, It will be the rest' sib' y f the St essful-Prop to supply necessary labor for completion of services if reques d e City ' oynton tB' h. t 2. The City by written Home nita -terminate iror i�,,, t any Contract resulting from this RFQ when such actioniY p the st intere � �a+ t���£�{ lie Contracts) are so terminated the A 'e'M• R��L{r,�iltr City shall be liable for 0# �y;�ent for���ervices rend}}}„ , prior to the effective date of termination. Services ren d��I waif"fie interpreted to in costs of items already delivered plus reasonable costs of sup* %ac inn short of deli{ j y 63 ih,si 3. It shall be the responsibility of" � °" �"� p y sir'Oessful Propos�,,� shmamta' ,workers' compensation insurance, professional liabiliydamage, 4 lity �1r urance and vehicular liability insurance; during the time any of hist rsojael are wi�i9 ing on'"ity of ton Beach property. Loss by fire or any other cause shalk there7Sponsibltfy of the very4r until such time as the items and/or work has been accepted _ thty. The uccessfut�f} i-oposer shall furnish the City with a certificate of insurance after d As�been made to the st r of any work on � rr1�'lisi` i��tiSSAa,'- City property. Said insured companies mu a a ._; prized to d b _in the State of Florida ���rf t �� ,,t 11111,, and the City will not accept any company t 'a : asp Ming les �fMan B+ Klubcordance to A.M. Best's Key Rating Guide, latest edition. ' 1,, 4. The City of Boynton Beach reserves the right, befbitaVVGW,%nng a Corao require a Proposer to submit such evidence of qualifications as it m -enecessary, and may consider any evidence available to it of the financial, technical other qualifications and abilities of a Proposer, including past performance(experience)with4fae City in making the award in the best w �y interest of the City. Y 5. The successful Proposer shall at all times guard from damage or loss of property of the City or of other vendors or Consultants and shall replace and/or repair any loss or damage unless such has been proven to have been caused by the City, other vendors or Consultants. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Proposer or his agent. 6. The City is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this Contract involves a project consistent with these goals and objectives. Consequently, the City is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its Consultant. Therefore, as the City's Consultant for this project,the Consultant assures the City that the Consultant its employees, subconsultants and assigns will refrain Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 20 from acting adverse to the City's legitimate interest in promoting the goals and objectives of this project. The Consultant agrees to take all reasonable measures necessary to effectuate these assurances. In the event the Consultant determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the City. Upon such notification the City, in its discretion, may terminate this Contract. r r t ;lE h€'MAINDE ``"OF l� ��' IS INTENTIONALLY LEFT BLANK. ON Y PN tfk 4 4��1 S}5l fi \ S i .h 'qxmr A4"{''���, N r r' 133)t�t 1} Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 2 1t` ' 1 , PRQ� $QR'S �ALIFICATION STATEMENT vt T6 UPLOADEDONLINE The undersigned certifies under oath the,! correctness of all statements and of all answers 73 to questions ma e hereinafter: F ,'` Check One Submitted By: s,�,x{��`��fi 3 �- � t ��� �j,�,� 1� Corporation Name: Partnership �,, al Address: tjs, Individual CITY, State, Zip: ,'r � ���` + Other • � til Telephone No.: �tl�'� ,",rf.,>'{�,ti�� Fax No.: 40� Email Address.: ,t 1. State the true, exact, correct and com�te n�of the p rshiI�is=corporation, trade or fictitious name under which you do business andAe ad�ss of th lace of- usinesiz',,,, kjr The correct name of the Proposer is: 10, The address of the principal place of business,.*,* #,3 2. If Proposer is a corporation, answer the following: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 22 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: y}tit }ll C. State whether general or lim,ill I ,ership: 1 �t4 4. If Proposer rdthekhan an ifidwidual(,t � etion or partnership, describe the organization and h p � give the name��dh a,"dress of prince a 9j�j5 \r, O�tt 5. If Proposer is operating nde'�ifictitiou ame, sub `evidence of compliance with the Florida ,. Fictitious Name Statute.';_,-'.'';' „ u" r uT alkt'�l�� ..:.... ti4�lYit �` } £2 } 4 tti°g"t^r. 6. How many years has your orgaolzati0iteen in`business under,,��, %present business name? Under what other former names hay j�Qur oranizatior }° perate %'� tti iii ' 'l4{tAts, t, t '� 7. Indicate registration, license numbers or certifid�te n hers for �, � ness �r professions fi! i.. �1'��{t°t which are the subject of this Bid. Please attach certffrFat�bf compete' cy andl r4li`state registration. �(S{�"�iSiz,�s'3}ski}t�jiltt 8. Did you attend the Pre-Proposal Conference if any such conference was held? YES F7 NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility hate Model Update&Maintenance Services 23 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) tr, )S 11. State the name ofth ''rrdividi ,�nra ' ill have personal supervision of the work: 12. State the name and address of a ,` y,if a . for the business of the Proposer: 'mild 1.' 13. State the names rlq adc ses of all » lies sander individuals who own an interest of more than five percent ( of�# Proposers K, .-. sand. $::plicate the percentage owned of each such business and/o �Jivi&A- ,f ,wti 1 14. State the names, addresses, an �, ty �h f business of a� s that partially or wholly owned by Proposer: r e .•_ 5 � a' r 15. State the name of Surety Company which will�P rovi ' the bondpplira0V. ..nd name and +i address of agent: , yft n tf 7 C,s THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 24 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number .... ....... a. Government Related Work ; Tofal b. Non-Governmental Relat�- rk d a Work `4`N�l� erInde" `Number 1. Less' °an $ af 2. $100,000 to less than $ �,X000 3. $250,000 to less th0 0 4 • $500,000 to le i a at ,}$1 mill$n $ ., 51j 1 m ill to,10,s than rbn 6. a,$2 r 'Ilion to less th ,. 5 million r 7-7, "15 rr lTlion to less 8. $1:0 miiI1lo to less han $ t i i'lion as 9. $ 5 inilliQn to less than' 0 rpt ion 10. L$50, lllior ` a reater ,,, A 17. Bank References: Bank _� dr � �� � � `�t�u�j' �� telephone , g Vg 'J' 18. Provide description of policies and method or pr ct monitoring, and b", feting control as well as adherence to project schedule (continue Anssheet, if necessa ) }j"i� w, � 11 1t" AZ 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 25 20. Is the financial statement submitted with your proposal (if applicable)for the identical organization named on page one? YES F7 NO F7 21. If not, explain the relationp-and� nancial responsibility of the organization whose financial }ut�t�. statement is provided ( � �`,i�uy rent-sa, idiary). m I t l(F 22. What will be tound time for��u�"`ntten respcses to City inquires? � t4�S3J�tA(2t kt�1 23. List and describe a ankru cy petite## s (volu ry ort oluntary) which have been filed by or against the Proposer,par or subsiaries or pre ssor organizations during the past five (5) years. Include in the�sc bion, the imposition ,. ach such petition. 7;gs�lSSl�} � � N' t �'�+"d ���� ti 24. List all claims, arbitrations, admini t ive li_arings and l its broi*t by or against the Proposer or its predecessor or anizati � �� 'i" p p g )dam-n the la �� ie (5) ears. They list shall include all case names, case arbitration or hearing Wtifiaf n num yrs, the name afr��la project which the dispute arose, and a description of the su�t r of the"'fl pute. f rv Irl { 4 25. List and describe all criminal proceedings or hearings co G rning business related offenses to which the Proposer, its principals or officers or predecessoraganization(s) were defendants. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 26 26. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. \ u(,'��\a �j�a,t57{ Of�N", The Proposer acknowledges and 1of Starr , that the information contained in response to this Qualificatioaw?Statement shall' ,. �d up�1, by owner in awarding the contract and such information 4marrprfted by Pfoposer� , +e. The discovery of any omission or misstatement that matenally. fect the Proposer sbahfication �o perform under the contract shall cause the owner to reject the proposal, and `#,IIAaafter the,, ` -re f to cancel and terminate the award and/or contract. . s t } (Si Subscribed and sworn to before me .z.\, IN �a{g This da of40 ivF'11' �S,i ,� �1, r\� Kilj�ry Public (Signature„)"„' ,,'4 My Corp 11, � n Expires` «j �} 11 THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 27 to ICKBACK AFFIDAVIT METED AND UPLOADED ONLINE iV 1 I ij�rdn yiS 1 STATE OF FLORIDA ++,;rug,` SS COUNTY OF' LLM� 4CHeX 11+1t'y t+r I, the undersigned eb y sworn?��epos ... 'says +,t t no portion of the sum herein submitted will be paid to any emp esu the City of , q .h Beall„ias a commission, kickback, reward of gift, directly or indirectly b 0 h mere f my i grator or by an officer of the corporation. i•`fti}� t)F�t4 sV>tiii NAME - SIGNATURE i Sworn and subscribed before mez,rx�su'r ',�`��tt, this day of r'`� 2020 �,��rt{{,,N�`�° its '. i Printed lrmation: MV, 7177 yLit 4t u NOTARY PUBLIC, State of Florida at Large 1<1 COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 28 NO { LON AFFIDAVIT OF PROPOSER �� C �LETED AND UPLOADED .,, LI isj '1�ili ctt State of S }1 County ofNO NO ,,u) ils�,1i��� mp being first duly sworn, deposes and says that: � �t Nil ��t , the proposer that 1) He is � � ��`�� r��rt� � `� - p P T itle y X=,e of C oration or Integrator) has submitted thetahch' RFQ: 2) He is fully informed h--ipecta a the pr ration andr ","Wents of the attached submittal and of all pertinent circumstanceS'VfTspecttng such ubmittal ,fsl .40 3) Said RFQ is genuine and iimt a° b Jusive oram 4) Further, the said proposer n ,an . its officers, partne ���jowners, agents, representatives, 14N P� employees or parties in interest,iglu ' this affiant, haa,fr�)any way}� lluded, conspired, connived or agreed, directly or indirectly wit�-,pnyAtl�er prop a tintegraatcr?u ��;arson to submit a collusive ' �'d RF �,has been submitted or to or sham RFQ in connection with thy'�flntr'�t for which the aid ,,y r ��s� �? t,, ttu refrain from bidding in connection wiuc ntract, o If Sin qly mariner, direct) or indirectly, sought by agreement or collusion or oommcations conferdnce with any other proposer, integrator or person to fix the price or png6 in a attach ets=tFQ or of a4�{ ,�, ther proposer, or to fix any overhead, profit or cost element of the 5FQ f e or the }RFQ price,,.,,,o ny other proposer, or to secure through any collusion, conspiracy;- onnof'fnce or uany advantage y ���5�4% � rrrfpr�' against the Cit of Bo �nton Beach or any p6rn interested in tl �prq d Ce tract; and 5) The price or prices quoted in the attached bid Wt. f4k'and proper and not tamed by any collusion, conspiracy, connivance or unlawful agr66rnent)b7h,the part of ��}` pri � jt any of its agents, representatives, owners, employees, or partteest, incl f s affiant. (Sign€) --- (Title) Subscribed and sworn to before me This day of ' 20 Notary Public (Signature) My Commission Expires: THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 29 RNs C tCA� TION PURSUANT TO FLORIDA , FAT � §287.135 UPLOADED ONLINE I, certify _ - �• its', Print �,m id Title ��j��� ' �� � Company Name �,� that � �1,� ,`'� - ;" �����. �dOe IhlO � �' ,t ° Comparkl9ame Al, 1. Participate in a bhpqtto srael- and € i Y`;y Al 2. Is not on the Scrutinrd C6 that Boycott Isre , 1st; and 3. Is not on the Scrutinizer m '` ies with Ac#r es rn Sud ,,,list; and 4. Is not on the Scrutinizedp , with Activities . e Iran 7troleum 5t�.,k Energy Sector List; and 5. Has not engaged in business o tro ', S ria d� y1,e,,. � .� �5�fi7r,fi st Submitting a false certification shall be deeR& a i�terial breacW,,,�col,,f�k, e City shall 1\�U 1��kl f1 S �k`��5�{ J provide notice, in writing, to the Consultantt�he " .,s deter�tr � co rnrng the false certification. The Consultant shall have ninety (90rt s I� Iowing receipt of D-notice to respond in writing and demonstrate that the determination alsertification wade ' - r. If the "177 Consultant does not demonstrate that the City's deteitinaitipAs of false, was made in error then the City shall have the right to terminate the 41 ,31raGind seek civil remedies pursuant to Florida Statute § 287.135. �_- Section 287.135, Florida Statutes, prohibits the City from: t- 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2)Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 30 As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled 'Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of 4, t � certification may subject the company to civil penalties, attorney's fees, and/or cost$,,,r, further understand that any contract with the City for goods or services may be term , " " the o 'n of the City if the company is found to have submitted a � ,�a �s� false certification or lips been 'on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Acts " ,n the Iran Petroleum Energy Sector List. Wi", 3 COMPANY NVAII1 A�; RE PRINT NAME TITLE �� �sr »a` li �i J� 1 a �s s �h ski "'o THIS PAGE MUST BE SUBMITTED ALONG WITH RESPONSE IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services 31 Draft Contract Subyetp , odrficiii# n and final approval by City Attorney rvp`ss �, s4gfr*( �1,tF;,�}���} INTEGRATED FINANCIAL AN6ENQI £,EERING UTILITY RATE MODEL UPDATE AND MITE CE SERVICES , 6OR6 THIS AGREEII SVT, entered into b rve°erg the CITY of Boynton Beach, hereinafter referred to as "CITY", and TBD , .k � nafter referred to as "CONSULTANT", in consideration of th uta benefit�4?` termsr14 _co pions hereinafterspecified. WHER _,� iiii r want to���1""i Ori�j 87.055,},,,Florida Statutes, the CITY of Boynton {"i, ,':l Beach solicited props is To none clusive C„ 4 pact to perform professional planning services, and WHEREAS, THE C "�is�ed a R ues tf ���� ��`ualifications for INTEGRATED FINANCIAL AND ENGINEERING ' 4LITY ODEL UPDATE,DATE AND MAINTENANCE SERVICESRFQ No. 008-2821 DITnd WHEREAS, RFQ No. 008-9021- P deft Scop t ices as INTEGRATED FINANCIAL AND ENGINEERING62 L J fiATE MO }����� DAT AND MAINTENANCE SERVICES; and �{ � t WHEREAS, the CITY determined 1. O ISULT A T was qu F",'ed for appointment to b,��� perform the scope of services set forth in thr�egt for Q`ualificat-17 i f : and h`lltttt�;1�(I �% 'mr f +is'to�s111 >rl h \ti WHEREAS, the CITY Commission that CONSULTANT was qualified for appointment to�rfohe scope of serces set forth in the Request for Qualifications; and �hlt�r�S>r WHEREAS, the CITY Manager administrativtaffffl�'has successfully negotiated an Agreement with CONSULTANT defining terms and coAif' ns for the performance of consulting and engineering services within the scope of the Requester Qualifications; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform Integrated Financial and Engineering Utility Rate Model Update and Maintenance Services by way of individual task order(s) / written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-1 Revised 1/2020 The CITY's Representative during the performance of this Contract shall be telephone (561) 742- The CONSULTAN�g{�t %',iepresentative during the performance of the Contract shall be At,"{s V� ne ) ' � ARTICLE 2 -TERMAN ��4�fit} 2.1 The initial Contract peri a <.e for an initial term of three (3)years, commencing the date this c'Atr ' is I� signed by the City or Consultant. The City of ntoteach f `rchasg `eager in consultation with the Finance Director may eRVnd e.agreement oX two (2) itional two (2) year periods, under the same 02 ter"j ,cor4itions, sobiect to tic r acceptance satisfactory performance as J. y}S�}}"�: deter'r i ecf y the Purchaj,,1 ���Manag r, and determination by the Purchasing Managed to renewal vjbe in' . a best}terest of the City. The Services to be performerdurirg'the irnti� hree ( )yea�� m will be governed by this Agreement, and that thea isIQ6:guaran �e of future _ork being given to the Consultant. 2.2 In the event thatseris are scheduled to a }either by contract expiration or by termination bye a: 61tY (at tf ��Cs�, f b{,' � iscretion), the CONSULTANT shall continue the serves, �iP,reques ed by the C 4�1. °° or until task or tasks is/are completed. At no tib sh�I this transitional pxQotl extend more than one-hundred and eighty (180) cald'War d- s beyond � 'Xpirat �t1���3 4te of the existing contract. The CONSULTANT W'Kbe 040 bursed br this fi !rvice the rate in effect when 'NT AL this transitional period cl tiwse Wr,as invoked,,,,,,,,,,,,, "t ARTICLE 3 - TIME OF_PERFORM AICE t.; 3.1 Work under this Contract shall Tmbn9e upon the 01 ofis �.n notice by the CITY to the CONSULTANT by Wa- ,"Qf a3ask order '� � ,ti „u Jity and delivered to Consultant. CONSULTANT shag, perm all servicesrovide all work product required pursuant to this Agre"eme",' ithin the ti � perioc �,��orth in the task order, unless an extension of time,4a _ r*a d in wri� b�' fTY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITE'for completed work and for services rendered under this agreement as follows: `` a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A " attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-2 Revised 1/2020 Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. c. Compensation for,tb' ��tiONSULTANTS will be included by the CONSULTANT in the negotiated,, a6 orf��!;each task order. Compensation will be through a direct mark-up m � dance� ith the Schedule of Professional Fees attached hereto. Sub-cons���i'1rng all be approved by the CITY'S representative prior to performance of the sub ' f ulting work. Consulting time for processing and management of the sub ' ONLTANT shall not be included in direct costs as the sect rpark-up is .9 or main,,,agement efforts. ti d. In artaircases where�n�Crementallling for partially completed work is permitted by V Ci �� represe tive, tl # il, incremental billings shall not exceed the perc4ia�ge ff estim ted}>�,l4331 letion f identifiable deliverables or accepted es -f the bi nth date,'t�, }}{f{, ,''}{6 e. The cost o .I s ces as dated her , `shall remain fixed and firm for the initial a _ two (2) year p qriotAhe co'n'tract. Goof services for any extension period of the contract shall as a eed to by City §t &o,1,CONSULTANT and reflected in a contract adderij ARTICLE 5 - OWNERSHIP AND I.SE 0-f DOCUMENTS"', is,,4h } Noz>,57 tf)tt { 5.1 Upon completion of tff ro�� and final pay „fit'to (; ({ sultant, all documents, tt�}1 t 1�{sty drawings, specifications'.]id r maters pro�� ced Wthe CONSULTANT in connection with the servic e ed un .this aeement,,,,,hall be the property of the CITY whether the pct�r which{{z` ey are m7 `e is executed or not. sr (tl:��t�ltr Notwithstanding the foregoin ithe ONSUL `ANT sklt'maintain the rights to reuse standard details and oth es jn, copies, incl #fng reg , 15pible copies, of drawing and specifications for in Gnaf� , referer� � W se,, TY C01 nection with CONSULTANT's endeavors. Any ofhe docu n foTygpurposes other than Y '" written as originallyintended b this A� errs _ , without t t � nsent of CONSULTANT, shall be at the C : ' le risk��� �rad � t��' r'out liability to CONSULTANT and CONSULTANT'S CULTAN . ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force' and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-3 Revised 1/2020 Page 217 Ulf 864 Agreement. CONSULTANT's services shall meet a standard of care for Integrated Financial and Engineering Utility Rate Model Update and Maintenance Services as they relate to the utility located at various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for IntegrY � j inancial and Engineering Utility Rate Model Update and Maintenance ces racticing under similar conditions. In submitting its response to , RFQ, CONSULTANT has represented to CITY that certain '� Y ttt�}� , individuaf� ,employ ,�� i CONSULTANT shall provide services to CITY pursuant to this Agreement. CIT !„'his relied upon such representations. Therefore, CONSULTANT shall r ;l�Cfta a the designated Project Manager for any project ithout.the advance-, r en ap val of the CITY, which consent may be withheld ” 1�the so"re and 60,1 lute 1;' ' i`Y n of the CITY. ARTICLE 8 COMPLIANCE WITI-IAWS ��t x 8.1 CONSUII-AIY shall, itt�t �erForrng the t ervices contemplated by this service Agreement, faithfully obs ve an' come{with all federal, state and local laws, ordinances and relations ,,at are ap j able to the services to be rendered under this A reem ARTICLE 9 - INDEMNIFICATIONti'� �st �€t,-�r�1`P`'��' ` 'Vtt 9.1 CONSULTANT s and hold harp 'As the CITY, its offices, agents and ����t��� Y»Yf employees, from an airy <,any and ,t i,? aims, I,ge �or liability, or any portion thereof, including attorn s fe r and cc s'ts, arise from It ury or death to persons, thtlSt e including injuries, sickne " dis ase or dea GgjNSULT�ANT s own employees, or damage to property � 3�c6do b a neg ent «tY �, omission of the CONSULTANT. Neither pafJ..to s Agree�t , nt shall beYt�lieble to any third party s e, t�, claiming directly or through tothaespecti`=e party,,,p,�any special, incidental, indirect or consequential dam' dof°any kind, incl 'd1`ng limited to lost r � t1�l�Yk�t )'ftt Al21�1� ti4�?�Y;>,E4 profits or use that my result frorh is feement t�� Y� �����the� ervices or goods furnished hereunder. N 1P t ill} 1Yt`t tYtY ?V r:,s t „ ARTICLE 10 - INSURANCE ,,. ��c� ttw �t ,l `, - 10.1 During the performance of the services d d'er this Contract, CONSULTANT shall maintain the following insurance policies, al's provide originals or certified copies of all policies, and shall be written by an im trance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-4 Revised 1/2020 Page 218 ef 862 subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for life of this Contract, Comprehensive General Liability Insurans "}�s``�his,doverage shall be on an "Occurrence" basis. Coverage MIT, Preises and Operations; Independent consultants, Products 711 "0 Co 'pleted��v�jpr�ations and Contractual Liability with specific reference of Article 7, "In emnif ti Aon" of this Agreement. This policy shall provide coverage for d' �,.p „1�onal injury or property damage that could arise 1. directly or v4� r ectI rom the . performance of this Agreement. A— , NSUL'�: I �NTintain a minimum coverage of $1,000,000 per t\ a orrence and ;1\,000,00011 \ggregate for personal injury/ and $1,000.000 erccurrenggre � �ffi'tzv,property damage. The general liability ;v g lu �isur a shal 'incl ''�� CIT�'i� s an additional insured and shall include ate` ro n prohi l rg ca4 ellation sof the policy upon thirty (30) days prior 1AWT#en rice to tf ft(1t�5i' 10.1.3 Busi Au. mobile Liabili�\\ The CONSULTANT shall procure and maint'a TO he life of . ConBusiness Automobile Liability Insuran xThONSU t tTtc mall maintain a minimum amount of $1 OOO,OOomp--jp.;ed sings limit for binjury and property damage liabilityto r t p tl *. ONSULTANT fl claims for damage for bodily and cl� death, 111 as fry ims for property damage, personal inju g ����� ��v�� e� p p Y g which may aris�A-Am use ,; amt+ nce of owned and non- owned automobi R nclbT_ rented m Iles, v ffiether such operations v. p be by the CONSULNr by an y� e dir t�' ly or it „irectly employed by 41 the CONSULTANT. 10.1.4 Professional Liability ro� and Omi ns) 1tfance: The Y' �,,'>�� u,��7 CONSULTANT shall procu ._ar I, aintain f�r a ._ a of h' Contract in the minimum amount of$1 00 �ccurre��;e. 10.2 It shall be the responsibility of the CON JLA `T to ens b-consultants comply with the same insurance requirnts r', ference 'above. 10.3 In the judgment of the CITY, prevailing c4ditions warrant the provision by the CONSULTANT of additional liability insura6e, coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-5 Revised 1/2020 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only ARTICLE 11 - INDEPENDENTULTANT 11.1 CONSULT T. rs an iiependent CONSULTANT with respect to the services provided" pursuajf ,4$ his Agreement. Nothing in this Agreement shall be considered to create the $rL�,tionship of employer and employee between the parties hereto. Neitherti} �V ��� LTANT nor any employee of CONSULTANT shall be entitled to any,,,, ac rded CITY employees by virtue of the services 'p�vided�under i s Agre '' The CITY shall not be responsible for withholding ot.06W a deducting�t derail inc �t,�a tax or social security or for contributing to the°state ir�rlustrialfurance ,rgF, n, otherwise assuming the duties of an empl�ryw�respect to C, SjsJLTAW or any employee of CONSULTANT, 1I i ARTICLE 12 - COVEN AT roti INSNTI� ENT, '�' ES r a r 12.1 The CONSUUL ANt warrants that h6k` s not employed or retained any company �U or person, othi�tha gi,,bonafide e,,,-,,i loyee „ g solely for the CONSULTANT, to solicit or se thi �reeme," i�z � � a fi he has not paid or agreed to pay any � >M company or pe i WUU r than bonafide {{,{ p y p �,,, foyee working solely for the CONSULTANT, an ee, 'o, mission, pets}, Mage, brokerage fee, gifts, or any other consideration tin t upon or psi ttrng from, award or making of this 4 a. i14� iA;lSlrs'4Z Ssis Agreement. For breaC �„er vrth tion of is warx � theTITY shall have the right to annul this Agreemehl�'Witho)�t) liability � it � ,discre n to deduct from the contract price or cons ideran, ir, therwis , recover; the fu ,amount of such fee, commission, percentage, br or4r fee, gift;ft ,r continge= at{ ee. r ARTICLE 13 —TRUTH-IN-NEGOTIATION C� TI TE_ t;t 13.1 Execution of this Agreement by the,GOP SOLTANT fi�all actthe execution of a truth-in-negotiation certificate certij tf,,the wage rat' and e� used to determine the compensation provided fer-in"thji Agree � � r1,�s,�, , grate, complete, and current as of the date of the Agreer*t ared_no higher'khan those charged the CONSULTANT's most favored customers for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-6 Revised 1/2020 age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The CONSULT, T shela„not sublet or assign any of the services covered by this Agreement �fft the ` press written consent of the CITY. ARTICLE 16 - NON-WAIVER r t 3 ) 16.1 waivr by either �TY�� r C , SULTANT of any breach of this Agreement shall tiding u� ��nthe wa xvtparty unless such waiver is in writing. In the event �. T 44 o Write waiver, su ,a waiver.. -all not affect the waiving party's rights with rest to y others<< further�� The making or acceptance of a payment by ei( er pay with kowl �)�Qf the�xistence of a default or breach shall not operatr _ onstru o ���` to as a waiver of any subsequent default or breach. p "t, P< ARTICLE 17 — TERMINATIONk4%, pence T 17.1 Termination for'�Cpnv4 'rent may, be terminated by the CITY for convenience, upor�, eri 1A) days:of`vvritten notrd by the terminating party to the other party for such .rm�ft.'on in which eve `liiie CONSULTANT shall be paid its compensation for sviceperformed„�# termini{sem S date, including services reasonably related to m� In the event�,�the' NSULTANT abandons the Agreement or cause27 k tdbe.terminatsr ' CO' 1\t,SULTAIT shall indemnify the CITY against loss pertain-In o i6s termin�tton. } ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the s 1 1,,,conditiot „ # �„rP, eement shall be adjudicated within the courts of Flor . Feer, thi§5 greeme't "'shall be construed under Florida Law. " '' � ARTICLE 19 — UNCONTROLLABLE FORCES 0 1-1 19.1 Neither the CITY nor CONSULTANT shalle considered to be in default of this Agreement if delays in or failure of perforrrtce shall be due to Uncontrollable Forces, the effect of which, by the exercise" of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-7 Revised 1/2020 performing could have, i the exerciseC ili , prevented, removed, remedied i reasonable dispatch. The non-performingIl, within reasonable timef being preventedr delayed from performance uncontrollable force, iv ritten notice to the other party describing circumstances U.,"t l tr I lab le forcesr v nti continued r f the II tio ent. �'a g�c ARTICLE 20 NOT'6i "'INK I S g� g Notices to the CITY of Boynton Be ,, sent to the following address: ,{ �s , til sit of ?rocurementt,�� `rvices Attr�: Direct airiz�iof Fina, rs 0" ass „ a sz 33P1 Quantum �! ° »`quite � '` :.L 334,Q01 As Notices to CONSULTANT h f e sent , he folio , address: Consuitant::: lo ADDRi $S QITY/S1A%/7_1, Attn: Tel: Email: s t�{a a. 1 s s ARTICLE 21 - INTEGRATED AQF2EEMEN'T� 'r, �� �R2gVs�sal k' 21.1 This Agreement, together with 'the AFQ/RFPq,, � an, ��i� addenda and/or attachments, represents the entire nd regrated agree ~ betwe the CITY 4 r�t3 is{il�ti�4,,, and the CONSULTANT and superse bs alt ripr negt�tia �rs,u "tations, or agreements written or oral. This Agr � en ay be 1114 'etl only by written instrument signed by both CITY and Q® , L`T NT. ARTICLE 22 - SOVEREIGN IMMUNITY 1 CITY is a political subdivision of the Statef Florida and enjoys sovereign immunity. i in the Agreementi intended, r shall be construedr interpreted, to waiver modify the immunities n limitations on li iliiprovided for in Section , Florida Statute, as may be emended fromi to time, r any successor statute thereof. the contrary, terms and provisionsti in the Agreement, or any disagreementr dispute concerning i , shall be construed r resolved so as to insure CITY of the limitation from liability r i to any successor statute thereof. To the contrary, all terms viion contained i the Agreement, i r dispute concerning i , shall be construed Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-8 Revised 1/2020 Page 222 a- A-62- or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall b ;led to recover its own costs and attorney fees through and including any a " als, d any post judgment proceedings. CITY's liability for costs and 's fees; however, shall not alter or waive CITY's entitlement to sovereign nmu r�I J"'."extend CITY's liability beyond the limits established in <<t, Section 768.28, Florida St � s, as amended. ,t, . Clams, dispu Ott®r, �ther atters in question between the parties to this grc�ment a rng o fi r`r lating to this Agreement shall be in a court of law. e ,fY does not sent to cation or arbitration for any matter connected his reementgi)1, �1�}1 �� ,11 rit31113}z�J 16 2. Th ti ree th4any acrjn arisen out of this Agreement shall take place in Pa -Pelih Count �I,,,Flornda: S�)S1t I t}„ ARTICLE 23 — PUBLIC ORDS441�� ;{nom . 23.1 Sealed docum reeved by (response to an invitation are exempt gflfrom public recoffif disc o�ure u Wi thirty (30) ' after the opening of the Bid unless the City ano�ln ', intent to award>,t oner, In accordance with Florida Statutes 119.07. �• ,,7���,����� 5f,z�_ , tz�I�����3�s,, hs' The City is public a� y 9 ject to ��s tit 119, `� londa Statutes. The CONSULTANT shall comp vsl n, .lorida'subli cords w. Specifically, the CONSULTANT shall: �� 33ji4}z'S!° uIa A. Keep and maintain public rerdsequired by the to ren the service; � B. Upon request from the CITYs est` n of pulc reco ; provide the CITY with a copy of the requested reds p1low the re 'i s to pected or copied within a reasonable time� ,a c � ,t that d- Ceed the cost s It provided in chapter 119, Fla. Stat0, Wise pvided by law; C. Ensure that public records that are exerpt or that are confidential and exempt from public record disclosure requires i nts are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession.All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-9 Revised 1/2020 Page 2/2-3 of 860� compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICAT ��4!Nvv���t F CHAPTER 119, FLORIDA STATUES, TO THE CONS ��f,�, } },NT' , DUTY TO PROVIDE PUBLIC RECORDS F,fv REL I ''ANG } ? {f� '-1IS CONTRACT, CONTACT THE CUSTODIAN OF PUBLICEC �}} S: }�,rc�� ,O��v SYS 4, L GIBSON, CITY CLERK 3 < ANTU BLVD., SUITE 101 v NTO ��5 ACH, FLORIDA, 33435 5614"'��42-6061 BBFL.US ARTICLE 24— CR - TI ® 287. and 215.473 1 24.1 By submissionf' hi � Propos ce t�f -at Proposer Proposer is not participating in a boycott of Israelop f furthe ` ertwfies that P loser is not on the Scrutinized �, Companies that Butt tag el list, not on the v inized Companies with Activities in Sudan List, and rpt,one a Scrutinize, §, ompa� with Activities in the Iran Petroleum Energy Sector Llka-or has'`',' 1VSUL 4�T en engaged in business operations in Syria. Sutjc tolrt,ted excefp ��� s p,wided�' state law, the City will not contract for the provision goods or,� rvices�, rith any},}scrutinized company referred to above. Submit a ` Ise certi�ation shall bi deemed a material breach of contract. The City "hall`p 'vide no l _e, in wry 77, r}g, to CONSULTANT of the City's determination cone .r ing''�Ae false certifip on CONSULTANT shall vry " s 1v1 t�Gr�`' have five (5) days from receipt 'f 4oLe' o refute tl ,}fally} ion allegation. If such false certification is d� �overed durir tf�e acts contract term, CONSULTANT shall have ninety {9 ) d following reetpt of the notice to respond in writing and demonstrate that the deerminatio ation was made in error. If CONSULTANT does noferrr� trate tity's determination of false certification was made in error thethe pity shall have the right to terminate the contract and seek civil remedies pursuantIp Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-10 Revised 1/2020 Page 224 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counte" birts which together shall constitute one and the same k�� agreement among the partied{ � facile signature shall constitute an original signature for all purposes." It rad, IN WITNESS WHEREOF, the pay . have hereunto set their hands and seals on the day and year set forth below their respewty"' ig' tures. IN WITSSiERE �; the 'hereto have executed this Contract in multiple copies, eachof w h shall be c, 4 idered anq\,priginal on the following dates: V1: S1 tS},Nl!s,,,'Rk DATED this ,f _ ����'�t��t'' , 20 CITY OF BOYNTON BEA t t I( y li CITY ManagerCONSULTANT Attest/Authenticated: Title SGV}�b�f Seal CITY Clerk i i ) Approved as to Form: st/Autheticated: Office of the CITY Attorney Secretary Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services C-11 Revised 1/2020 age City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM �lr� Under the terms and conditions of all contr }1 ses,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insurr``lhis done by providing a Certificate of Insurance listing the City as "Certificate ass}1 s Holder"and"The City of Boynton � is Additio , I Insured as respect to coverages noted." Insurance companies providing insurance coverages must ha ���i �°eurritt ratm�,�� 'A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance ffe} te is provided upon selection of vendor.) The following is a list of types of insurance required of consultants,lessees,etc and tliesnits required by the City: (NOTE: This list is not all inclusive,and x \� �f�h the City reserves the right to require addit!onal^lyes} insurance,or to raise or lower the stated limits, based upon identified risk.) zt�, z \ -------------------- ;.--- ,.----------— �_ TYPE rrencBased Onlyj!i(� {st � � ,� MINIMUM LIMITS REQUIRED ------------------- -------------- IE �! -- ---------------------------------- --------- General Liabd � t ` eral Aggregate $1,000,000.00 Commercial Gelae l Liabil¢ r��r � 4 �` ��s-Comp/OpAgg. $1,000,000.00 Owners&Consd�trt's P�ote+r roe(OCP) °�`' �ysi �Pers`ol&Adv.Injury $1,000,000.00 Liquor Liability e r ��� '�����tail Each C urrence $1,000,000.00 Professional Liability � �'}r ire Damage(anyone fire) $ 50,000.00 Employees&Officers � � �ed.Expe (any one person) $ 5,000.00 Pollution Liability '` � Asbestos Abatement 111E{r� Lead Abatement ' i' r" J Broad Form Vendors t* SiF' Premises Operations Underground Explosion&Collapo e � Products Completed Operations x Contractual Independent Consultant Broad Form Property Damage `sv Fire Legal Liabilityti s �G41 r4 � � , Automobile Liability �� � � Combined Single �,, ,�� $ 300,000.00 Any Auto Bodily Injury to be determined All Owned Autos _ , Bodily Injury;it accide� to be determined Scheduled Autos _Property Darra' e �� ,�"��s to be determined Hired Autos �� 'f filer Interchke k��s $ 50,000.00 Non-Owned Autos - ooi ,, PIP Basic , '• ��'' �� Intermodal h �,,s� �; ---------------—---------------------------------------------- +r,�,� »>ttuil� �1 Garage Liability `u#o OnF'"Each Accide $1,000,000.00 Any Auto (5thet Th TAuto Only $ 100,000.00 Garage Keepers Liability atecli s�)} $�1 ,000.00 99 ��rE 0,000.00 ---------—----—--------------------------------------—----------—-------------- — ------ --= \' Excess LiabilityEach Ocrrenca s r{s ``t' to be determined Umbrella Form Aggregiflil� to be determined Worker's Compensation Statutory Limit: Employer's Liability Each Accident _ $ 100,000.00 Disease,Policy i_mjt $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost -- - Other- As Risk Identified to be determined Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services Insurance Advisory Page 226 of 868 EXHIBIT "A" ` FEE-SCHEDULE 1 o t0 (S xi FIRM: 01 44 DATE: tip u� „i air PERSONNEL CI,ASSFFICATIONS',';-�"+` sr HOURLY RATE r , Principal Project Manager Senior Project Manager ;{ Engineer ., ", t� 77 a,;. u? I IS S l li i Reimbursable Expenses: Boynton Beach Utilities—Utility Rate Model Update&Maintenance Services REQUEST FOR QUALIFICATIONS INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES RFQ DUE DATE:2/21/2020 ofeNe nLm ine veoflh..boed ne�e�e,e i.l.an 1— RFPOPENINGTIME 230P.M. nu eme�enes eenm�uea eemm�e eei����oe�. RFQ No.:00& v.2821-20/TP ne v aee tele PROPOSERS McGovern MCDonell Engineers Ph—925 788 7001 —415 77-680 eta@mm RFQ E-BIDDING SUBMITTALS YES CONFIRMATION OF MINORITY OWNED BUSINESS Submitted-W.— Y,, omenYes-City of Houston W,Business Enterprise Certification LETTER OF INTEREST Yes FIRMS QUALIFICATIONS Submitted QUALIFICATIONS OF PROJECT TEAM Submitted RESUMES Included CURRENT&PROJECTED WORKLOAD OF THE PROPOSER Submitted DEMONSTRATED KNOWLEDGE (3)Projects for similar governmental utility agencies (1)essfully cpleted related to the scope of services. omcompleted project related to utlly master planning and setting,(2)completed rate setting project involving integrated engineering and financial automation model development Submitted APPROACH TO SCOPE OF WORK Submitted REFERENCES-PAST PERFORMANCE Yes (3)Governmental Agencies similar to Integrayted Fi...ciE land Empire Utilities Agency(IEUA) San Francisco Public Utilities District(SFPUC) Cityof Oxnard Public Works Utilities Department SCHEDULE OF SUBCONSULTANTSYes(3) FTC Limnotech David Jenkins,PH.D PROPOSERS QUALIFICATION STATEMENT Submitted ANTI-KICKBACK AFFIDAVIT Submitted California Codes-Nota NON COLLUSION AFFIDAVIT OF PROPOSER Submitted California Codes-Nota CERTIFICATION PURSUANT TO FLORIDA STATUTE §287.135 Submitted-Signed ACKNOWLEDGEMENT OF ADDENDA No Addendum Issued ACKNOWLEDGEMENT OF DRUG-FREE WORKPLACE Yes-ACKNOWLEDGE PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT Yes-ACKNOWLEDGE LOCAL BUSINESS STATUS CERTIFICATION Submitted Per PB CTY Tax Collector-Local Busines 1lf 0/2020-Per APM policy 10.14.01-Requires e valid business tax receipt issued at least(1)year prior to solicitation.N/A Expires 9/30/20 State of Florida Board of Professional Engine STATE OF FLORIDA LICENSES Palm Beach County Local Business Tax receipt Expires 2128/2021-Professional License STATEMENT OF NO SUBMITTAL N/A CERTIFICATION OF INSURANCE(COI)EVIDENCE OF COVERAGE Submitted-Expires 0/20/20 COMMENTS/OTHER Supplemental Information Organizational Chart-Included Tabulated by Taral n Pratt Z25/2020 Page 228 of 863 008-2821 -20/TP - INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES Opening Date: January 24, 2020 12:00 PM Closing Date: February 21, 2020 2:30 PM Vendor Details Company Name: McGovern McDonald Engineers 870 Market St. Address: Suite 828 San Francisco, CA 94102 Contact: Steve McDonald Email: smcdonald@mmewater.com Phone: 925-788-7001 Fax: 415-779-8680 HST#: Submission Details Created On: Monday January 27, 2020 17:33:10 Submitted On: Friday February 21, 2020 03:44:43 Submitted By: Patricia McGovern Email: pmcgovern@mmewater.com Transaction#: ef44d23d-1588-49ea-81 a4-2c19bf88473a Submitter's IP Address: 73.15.135.180 Bid Number: 008-2821-20/TP Vendor Name: McGovernnDona b Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses Description Response* "Comments Is your company a Minority Owned business? Yes Please select the appropriate response Women Do you possess a certification qualifying your business as a Minority Yes Owned business? Issuing organization name Input response in comments box to the right City of Houston, TX Date of Issuance Input response in comments box to the right 10/4/19 - Certification # 19- 10-14207 Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonab Letter of interest Line Description Response Item 1 The Letter of Interest shall summarizes the Proposer's February 21, 2020 primary qualifications and a firm commitment to provide the proposed services. City of Boynton Beach Utilities Department 124 East Woolbright Rd. Boynton Beach, FL 33435 Subject: Integrated Financial and Engineering Utility Rate Model Update and Maintenance Services, RFQ No. 008-2821-20/TP Dear Selection Committee: McGovern McDonald Engineers (MME) is excited to join forces with Boynton Beach Utilities Department (BBU) in developing your Utility Management Automation (UMA) cloud- based enterprise model. Firm Qualifications. MME is a woman-owned business enterprise that was founded over 17 years ago and has 16 permanent employees and growing. MME has a local Boynton Beach office and business license. Our staff possesses expertise and experience across a broad range of technical skills. These specialized experts are those required for delivering a fully integrated model. They include master planning of wastewater and water facilities, asset management programs, optimization studies, computer programming, and rate setting. This broad yet specialized industry experience is the foundation of our ability to link engineering and financial data together, and to program predictive algorithms to produce cutting-edge LIMA models. Assigned Staff and Qualifications. Our MME Team qualifications are a unique combination of intimate familiarity with your operations and the big picture perspective gained from several decades of experience with developing powerful utility management models. Project manager, Steve McDonald, PE, MBA, has led the development of over 12 LIMA Models in the last 20 years, including the AAEE award-winning Master Plan Model, MPM. This includes the development of your current Utility Management Optimization Plan (UMOP) Model. Ken Webb, our Chief Fintech integrator and programmer, has over 20 years of experience in financial modeling, and advanced computer programming. Leighton Lum, Ph.D., PE, and Patricia McGovern, PE, bring deep engineering planning and design experience in hands-on master planning, asset management, regulatory affairs, and tracking of emerging technologies. Knowledge of the Financial/Rate System. The MME team has developed first-hand knowledge of your financial system and rate setting process in the last several years working directly with you on the UMOP. We have become familiar with your supporting software including eBuilder, Transcendent, and iWater. And of course, we have become intimately familiar with your annual budget process, and the various sources and uses of funds including the various capital accounts and your rate-setting process. This means that you don't have to invest in getting us up to speed, and we can hit the ground running with no start-up curve. Proven Project Approach. We pioneered some of the first fully integrated and automated utility models in the industry. The MME Team has a proven track record of consistently delivering award-winning utility management software for over two decades with our proven 6-Step Workflow Approach that keeps you connected and engaged all along the way. In summary, MME and the MME Team have significant qualifications - including intimate knowledge of your financial/rate system - and possess a proven approach for successfully delivering an innovative and powerful utility management automation model that will exceed your expectations. MME gives you our firm commitment to provide the proposed services at the highest level of quality and responsiveness — by listening, understanding, and delivering. Sincerely Steve McDonald, PE, MBA, LEED GA Principal, McGovern McDonald Engineers Project Manager PLEASE FIND SIGNED LETTER IN SUPPLEMENTAL INFORMATION Bid Number: 008-2821-20/TP Vendor Name: McGovernnage�3�n8pgg Firm's Qualifications Line Description Response Item 1 Describe the Firm and provide a statement of the McGovern McDonald Engineers (MME) is a multi-disciplined and integrated engineering Firm's qualifications for performing requested consulting and business services firm focused on working with municipal water utilities that are services. Identify the services, which would be leading the industry nationwide. Since our founding in 2003, MME has provided completed by your Firm's staff and those that would professional engineering services for water, wastewater, and stormwater management be provided by sub-consultants, if any. agencies nationally. MME is a woman-owned business enterprise with a local Boynton Beach business license and 16 permanent employees and growing. MME core specialties include: 1) development of Utility Management Automation (UMATM) Models, 2) master planning and integrated water utilities planning, 3) asset management and financial services, and 4) optimization and decision analytics. MME core competencies and services are aligned with your requested services in this RFQ. Our support practice areas also include energy production and conservation, urban water planning, project delivery services, stormwater and green infrastructure, regulatory compliance, water quality, and public outreach. In addition to expertise in the requested specialties, MME has grown intimately familiar with the Boynton Beach Utilities staff and facilities over the last five years. For example, Steve McDonald, P.E., MBA, our proposed project manager and MME Principal, led the consulting team in the development the Boynton Beach Utilities Management Master Plan and Optimization Plan (UMOP), and is on the South Central Wastewater Treatment Plant Blowers and Efficiency Improvements project. Our proposed team includes Florida Technical Consultants (FTC) who will work to integrate GIS fully into the Model, and your GIS Department to integrate critical information. James Barton, P.E. and his staff at FTC are intimately familiar with your utility GIS system, and will help assure that the latest GIS developments are incorporated into the Model. We also have included on our team Dave Dilks, Ph.D., PE, and Tad Slawecki of LimnoTech. LimnoTech is one of the country's leading water science and environmental engineering consulting firms specializing in specialty environmental modeling. Dr. Dilks is a member of our Quality Assurance panel and will help assure that the Model is able to input and integrate with legacy water quality and hydraulics models. Mr. Slawecki is a computer programmer and model developer and will assist in the development of certain algorithms for the Model. David Jenkins, Ph.D. is on our Quality Assurance Team. Dr. Jenkins is a world recognized expert in wastewater systems and has been on Technical Advisory Committees for numerous master plans. He will help assure that the many required engineering linkages are made in the Model. McGovern McDonald Engineers will Complete the Majority of the Integrated Financial and Engineering Utility Rate Model Update and Maintenance Services Including: 1. GIS database updates and development of base maps, with help from FTC. 2. Entity relationship diagramming (ERD) for Model development. 3. Engineering algorithm logic, design, and testing. 4. Financial formulas and algorithm development. 5. Integration design and linkages. 6. CIP modeling and optimization framework and design. 7. Rate-setting cost allocations and calculations. 8. Budgeting models. 9. "Trigger"-based project timing. 10. Optimization programming. 2 If the Principal Place of Business is different than the Not Applicable location specified in the Proposer's Qualification Statement, then proposer shall specify office location where each project will be managed and produced. Qualifications of Project Team Line Description Response Item 1 Provide an overview of the qualifications of the See Section 3-Qualifications in the Supplemental Information for Organizational Chart, specific project team to be submitted by the specifics of the project team (1-page summary of select team members), and 2-page Firm/Individual to perform the requested services resumes of key project members. including: Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonab Current& Projected Workload of the Proposer Provide quantitative data that clearly indicates the ability of the Proposer to devote the necessary resources to successfully complete the service and projects in a timely manner. Current and projected workload data shall be provided for each key project member as follows: Description Response* Current project work listing and remaining labor See Section 4 - Current and Projected Workload in Supplemental Information for current and commitments. project work load listing for each key project member. Historically, describe the typical number of projects See Section 4 - Current and Projected Workload in Supplemental Information for typical handled by the Proposer's key project managers at any number of projects handled by each key project manager at any given time. given time. Projected workload of project management activities as We project the project management activities for this project to take approximately 25-30% defined in the scope of services. of the Project Manager's time. See Section 4 - Current and Projected Workload in Supplemental Information for more detail. Identification of any sub-Consultant firms providing Not applicable. significant services that may be assigned more than five (5%) of the work. Demonstrated Knowledge Provide three(3)projects for similar governmental utility agencies that were successfully completed demonstrating experience related to the scope of services herein. One (1)completed project submission relating to utility master planning and rate setting, and two (2)completed rate setting projects involving integrated engineering and financial automation model development. Provide the name,address,and telephone number of the key project members named on the projects submitted for demonstration. Provide detailed information to include but not limited to graphics such as pictures,or supply supplemental information to illustrate key aspects of these projects. Name* Address Telephone Number* Project Description* Steve McDonald 2242 Leavenworth St. 925.788.7001 Facilities Balancing Analysis and Integrated Optimization Model for San Francisco, CA 94133 Inland Empire Utilities Agency (IEUA), San Bernardino County, CA. See Supplemental Information, Section 5 - Demonstrated Knowledge, for detailed information illustrating key aspects of this project. Steve McDonald 2242 Leavenworth St. 925.788.7001 Public Works Integrated Water Utility Master Plan and Rate Study, City Patricia McGovern San Francisco, CA 94133 415.601.3785 of Oxnard, CA. 2242 Leavenworth St. San Francisco, CA 94133 See Supplemental Information, Section 5 - Demonstrated Knowledge, for detailed information illustrating key aspects of this project. Steve McDonald 2242 Leavenworth St. 925.788.7001 Sewer System Master Plan and Financial Plan, San Francisco Public Patricia McGovern San Francisco, CA 94133 415.601.3785 Utilities Commission, CA. 2242 Leavenworth St. San Francisco, CA 94133 See Supplemental Information, Section 5 - Demonstrated Knowledge, for detailed information illustrating key aspects of this project. Approach to the Scope of Work Provide in concise narrative form,the Proposer's understanding of the City's needs,goals and objectives as they relate to the project,and the overall approach to accomplishing the project. Give an overview on the proposed vision, ideas,and methodology. Provide timelines to support the approach. Description Response* Provide in concise narrative form, the Proposer's understanding of the A PDF VERSION IS INCLUDED IN THE SUPPLEMENTAL INFORMATION, City's needs, goals and objectives as they relate to the project, and SECTION 5 - APPROACH TO WORK, WITH FORMATTING INTACT. the overall approach to accomplishing the project. Give an overview on the proposed vision, ideas, and methodology. Provide timelines to The MME team recently assisted the City of Boynton Beach Utility (BBU) support the approach. Department in completing the Phase 2A development of their Utility Management Optimization Model (UMOP2A). The primary goal of the Phase 2A work was to increase the computational speed of the model, improve overall workflow for rate- setting, add new features, and allow faster data import and management capabilities. CITY'S NEEDS The BBU Management Team is taking this next step forward to advance the model from an excel-based spreadsheet to a cloud-based enterprise model. By creating a state-of-the-art Utility Management Automation (UMA) Model, you will fully realize your powerful vision. The BBU Management Team desires to use this tool to give them more control over the engineering and financial decisions that are the driving the financial health of all of their utilities. Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonab The utilities to be included in the model are Water, Wastewater, Recycled water, Stormwater, and also the Solid Waste and Energy utilities will be incorporated into the final LIMA Model. PROJECT GOALS AND OBJECTIVES The fundamental goal of this project is to develop a state-of-the-art LIMA Model (Model) with true functionality to integrate engineering and financial data. The resulting Model will import engineering outputs from the utility master plans. This together with real-time financial and budgeting information will be linked to set the optimum timing of projects. These linkages will be automated by fully integrating critical engineering and financial management decisions and rate- setting through a cloud-based platform. The cloud-based Model will provide the benefits of speed, access and security, and ease of implementing software updates. The project objectives, and major project deliverables, will follow MME'S 6-Step Approach and Work Plan. 1. Visioning/Design — This task is to create the blueprint" for the Model. It will identify minimum and desired model performance (i.e. questions that the Model is expected to answer). This includes identifying desired new functions and features. Decision trees and entity relationship diagrams (ERD) will then be created to link required data and computational algorithms to deliver a final Model design. 2. Proof of Concept — This step is to develop the logic and the programming of algorithms for new features. Excel will be used to mock-up and test the designs. Once the designs are completed the excel-version will be tested for internal consistency. 3. Prototype — This step starts the computer coding process. The initial focus will be on user experience: simplicity, workflow, and speed. This version is "buggy" but should the look and feel of the final product. 4. Beta-Version — This is the initial trial version for testing. It will be used to focus on the user experience with the front-end design, dashboards, and reporting functionality. 5. Working Model(s) — In this stage of the Model development progressively improved versions of the Model are developed and issued that are progressively refined. This ends "Final" Version 1.0 being issued for use. 6. Training/Support — Training is intended to be a combination of hands-on classroom setting followed by net-meeting refreshers courses, and a digital User Guide and "Help" index. OVERALL APPROACH Vision. The guiding vision of the BBU Management Team for development of this LIMA model is to put all of the engineering and financial data needed into an integrated computational engine and user-friendly interface. This gives the BBU Management Team control to run simulations that assess impacts of changes in underlying assumptions. This will require linking your master planning data with your project need and timing decisions. You want a model that automatically shifts the need and timing of new projects based upon: 1) changes in population and flows, 2) timing of new regulatory requirements, 3) changing marketplace costs for construction, power, and other commodities, 4) opportunities to adopt new technologies that can save money, and 5) changing interest rates and opportunities for refinancing and reducing borrowing costs. The power of the Model is that it gives the user control to manage cash flows by either delaying (or accelerating) the project start dates. The use can also make a wide range of other engineering and financing decisions to help reduce forecasted increases in rates and fees. The model will continuously update projects and confirm project need and timing based on changing population and regulatory requirements. The model allows for tracking data on emerging technologies - and recommends repair and replacement projects to capture the latest in state-of-the-art efficiencies. The over goal is to implement more efficient projects on a "just in time" basis to reduce investments in idle capacity and to achieve maximum benefits by efficiently leveraging capital investments and riding the technology curve. Ideas. To realize these new capabilities, the MME Team has identified new approaches and ideas for achieving you vision for this Model. The MME ideas for your Model will make it one of the most powerful tools in the water utility industry. We recommend the following model features and functionality: 1. User-friendly Interface. This feature is essential. The user "dashboards" must both provide the full range of control settings desired by an expert user - while also remaining intuitive and simple for communicating clearly with upper Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonaDIT b management and City Council. 2. Integrated Optimization Algorithms. The key feature of MME'S approach to developing powerful UMA Models is linking the engineering and financial data into integrated algorithms. This functionality exceeds the standard in the industry for rate-setting models and that is why it is critical that engineering specialists - and not consultants — direct the algorithm development. The benefit of this feature is the utility manager has control over all the underlying master planning engineering decisions impacting the rates and charges. 3. GIS-Centric Architecture. The use of GIS as an organizing tool is the growing trend for water utilities due to the overlap in space and time of distribution and collection systems. This allows for better packaging of projects and cost savings in CIP implementation due to reduced mobilization costs and monitoring. 4. Modular Utility Design. Each BBU utility will be able to be viewed in the Model as a "stand-alone" for tracking performance and financials — but each utility will also be pulled into the combined financials for the rate-setting process. Also, the Model is able to integrate other utilities, as desired, such as the upcoming Solid Waste and Energy utilities. 5. Cost-Saving Technology and Regulatory Tracking. The Model will build in two major outside drivers that are a major part of utility management today: tracking of new developments in treatment processes and equipment technologies that can save integrated improvement plan the user in one that gives of an adaptive and resilient Capital Improvement Plan (CIP). Instead of the user having to input these new forecasted drivers, the Model will be programmed to pull from newly configured input data files for tracking changes in future population projections, changes in regulatory standards, condition of existing facilities, and the newest cost-saving technologies. The resulting Model will include an automated engineering dashboard "front-end" for creating a 20-year financial projection, and including annual trending of total costs, revenues, reserve levels, and rate coverage needed to establish the least cost rates and fees for maximum benefit in capacity, level of treatment, reliability and performance. It will allow management to run forecasted scenarios to reduce the risk of over - or under-investing in capital facilities, to track and identify the latest technologies for improved efficiencies and cost savings, and to predict with more certainty the timing of new regulations — reducing the potential for regulatory compliance issues and potential penalties. cutting-edge the by improving and expanding on the rate-setting functionality — and to fully integrate master plan engineering data with financial data to create. Methodology/Scope of Services The following are the proposed MME Scope of Services tasks, that if desired, can serve as a basis for the final scope of services. 1. Model Development Working Sessions. Conduct working sessions with BBU Management team and staff. These will be hands-on working sessions where the Consulting Team will do live demonstrations of the work-in-progress of the Model. 2. Engineering Master Planning Integration. The purpose of this task is to develop new computer algorithms to automate the identification of new CIP projects by updating the four primary inputs that drive the need and timing of new/rehabilitated facilities. These "drivers" are: 1) increasing population, 2) future regulatory requirements, and 3) aging infrastructure (which drives repair and replacement requirements for reliability), and 4) the adoption of new, more efficient technologies that improve performance and reduce costs. A. Master-Planning Decisions. Identify the workflow and key master- planning decisions for which logic and coding must be developed to incorporate the functionality for automating the need, size, and timing of both linear (pipeline) and treatment projects. B. Algorithm Development. Create new, and modify existing algorithms, to the extent required to add the engineering planning and sizing criteria, and to redesign the working interface to add flexibility to smoothly incorporate and fully integrate the master-planning and project development feature. C. Calibration/Sensitivity Analysis. The purpose of this task is to calibrate the final working model: • Develop a reasonable range of expected high and low ("bookend") values for the major inputs and assumptions in the model. • Considering the expected ranges, create scenarios to be evaluated by the model. • Evaluate the results of the scenario runs to identify general system- wide correlations for the major input variables, and to check for reasonableness and accuracy. Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonab 3. Improved & New Features and Functionality. Make improvements and add new programming and functionality. These new features and functionalities shall include: A. Fixed and Variable Cost Allocations. The ability to make changes in the allocations of costs for fixed and variable costs for new treatment process for each utility. B. Integrated and Automated Project Timing Changes. Connect and link projects so that a change in one reflects a change in projects that are impacted by one another. Establish programming to incorporate "triggers" for each of the drivers, and the algorithms to allow for the automatic change of need and start date for projects required to meet growth, reliability, regulatory, and technology improvements. C. Pass Through Adjustments. This includes the ability to more easily identify and adjust "pass thru" increases for power costs and consumables. D. Other Features, As Requested. This is a budget-driven subtask to provide for flexibility to make improvements as yet unidentified, based on available budget remaining. 4. Staff Training & Tutorials. The purpose of this task is to develop an electronic Quick Start Guide, and to conduct a training session for City staff. A. Develop a "Quick Start Guide" that provides a step-by-step start up and provided responses to commonly asked questions. Submit a draft to the City for review. Incorporate comments and submit a final Quick Start Guide. B. Provide training sessions at the Boynton Beach Utilities Department on the new features and functions of the model. 5. Documentation & Summary Presentation A. Provide a written narrative summary of the software design intent, model structure and workflow, major assumptions, and key features and functionality of the model. B. Develop a PowerPoint graphical presentation summarizing the features and benefits of the new software update. The intended audience is for City management and Commission level presentations. Submit a draft PowerPoint presentation to the City for review. Incorporate City feedback and review comments and submit a final presentation. 6. Provide Maintenance and Support Services A. The services under this task are intended to provide for continuous support for BBU staff in developing solutions to fix and/or add new features and functions to the model for an initial period of three (3) years. B. Provide on-going technical support includes on-call services for troubleshooting and "work around" operating solutions, incorporating staff requests for improvements to the model functionality and features, and staff training. 7. Project Management. Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. A. On-going coordination of team, drive for innovation, and creation of "work around" solutions to achieve project goals. B. Maintain budget, schedule, overall QA/QC, and assure responsiveness to the City. C. Submit monthly progress reports. TIMELINE/SCHEDULE Phased Project Delivery. The MME Approach to scheduling the work will help assure that the development and delivery of your Model proceeds on your schedule. We understand the urgency of proceeding as soon as practicable to support the upcoming budget cycle and rate-setting process. We also understand that the Model is needed to help with making decisions related to on-going City development projects with regard to finding cost effective financing alternatives. MME recognizes the urgency of hitting the ground running and will work diligently to build on existing UMOP2A version to deliver this initial support Therefore, we propose that immediately after receipt of Notice to Proceed - the MME Team would begin working closely with the BBU Management team to Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonaMpbln expedite the development of the upcoming rate-setting and budget cycle. We propose that this initial work using the Model UMOP2A to support the upcoming budget cycle would proceed in parallel with the development of the LIMA Model. This will help avoid delay of delivery of the final Model. The estimated overall schedule for development of the final working Model is approximately 9 to 12 months, including training BBU staff on the new cloud- based configuration. There may be opportunities to accelerate several of the tasks and we will work with the BBU Management Team to find those opportunities. Therefore, the proposed starting schedule and project milestone due dates are listed below. (Note; we will be proceeding in parallel beginning with NTP to deliver support for the current rate-setting process, as described below). Boynton LIMA Model Development Milestones and Due Dates Milestone 1 - Visioning/Design; Begin Notice To Proceed, End Month 1 Milestone 2 - Proof of Concept; Begin Month 2, End Month 3 Milestone 3 - Prototype; Begin Month 4, End Month 6 Milestone 4 - Beta-Version; Begin Month 7, End Month 8 Milestone 5 - Working Model(s); Begin Month 9, End Month 11 Milestone 6 - Training/Support; Begin Month 11, End Month 12 Maintenance Schedule of Services. The on-going technical support includes on- call services for troubleshooting and "work around" operating solutions, incorporating staff requests for improvements to the model functionality and features, and staff training. It is envisioned that the maintenance agreement shall begin upon completion and acceptance of the working model and continue for an initial 3-year period. References-Past Performance Provide three(3)governmental agencies references that are similar to the Integrated Financial and Engineering Utility Rate Model Programming,and Maintenance. The projects must have been completed as follows: Two (2)projects completed within the last fifteen(15)years and one (1)project the Proposer have completed within the last five(5)years. Proposer shall provide the following reference information for each of the three projects: 1) Name of Agency,2)Name of Project,3)Address and 4)Contact Name, Email Address and Telephone Number.The City is interested in learning of other firms'or government agencies'experiences with your firm;as such, please do not list the City of Boynton Beach as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email or call each reference up to three(3)times. If there is no answer after the third attempt,the City may apply no points for that project experience. Name ofAgency* Name of Project* Contact Name* Email Address Telephone Number* Inland Empire Utilities Facilities Balancing Analysis Mr. Chris Berch; General cberch@jcsd.us Mobile (909) 732-1844, Work Agency (IEUA) and Integrated Optimization Manager, Jurupa (951) 685-7434 - USE Model Community Services MOBILE District (formerly with IEUA) San Francisco Public Sewer System Master Plan and Mr. Brian Henderson; bhenderson@sfwater.org Mobile (415) 314-3701, Work Utilities District (SFPUC) Financial Plan Engineering Manager for (415) 920-4949 - USE SFPUC Wastewater MOBILE Enterprise City of Oxnard Public Public Works Integrated Water Mr. Thien Ng; Assistant thien.ng@oxnard.org Mobile (805) 432-3575, Work Works Utilities Department Utility Master Plan and Rate Public Works Director for (805) 271-2220 - USE Study City of Oxnard MOBILE Bid Number: 008-2821-20/TP Vendor Name: McGovernnDona b Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Sub-Consultant(s) Identify any sub-consultants you propose to utilize to supplement your Firm's staff. Sub-Consultant firms and key personnel from these firms shall be clearly identified. Identification of any sub-Consultant firms providing significant services that may be assigned more than five(5%)of the work. The Proposer proposes the following major subconsultants for the major areas of work for the Project. The Proposer is further notified that all sub- consultants shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub-consultants, if required. Owner reserves the right to reject any sub-consultant 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-consultant in order to make a determination as to the foregoing. r" By clicking Fere I confirm that there nre no SUi:>contractcr()and the Bidder shall perform the project with their."OWN FORCES„ Name Address Scope of work license No I Contract Amount Percentage(%)of Contract FTC 533 East Ocean Avenue, GIS support Firm PE TBD TBD #2 Registry 30931 Boynton Beach, FL 33435 Limnotech 501 Avis Drive Coding and programming N/A TBD TBD Ann Arbor, MI 48108 David Jenkins, Ph.D. 11 Yale Circle Technical Advisory N/A TBD TBD Kensington, CA 94708 Documents It is your responsibility to make sure the uploaded file(s)is/are not defective or corrupted and are able to be opened and viewed by the Owner. If the attached file(s)cannot be opened or viewed,your Bid Call Document may be rejected. THESE DOCUMENTS MUST BE UPLOADED ONLINE ALONG WITH THE PROPOSAL IN ORDER FOR THE PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. • PROPOSER'S QUALIFICATION STATEMENT-Noto rizaed Qua I ificationsForm.pdf-Friday February 21,2020 02:00:35 • ANTI-KICKBACK AFFIDAVIT-Anti-Kickback_MME.pdf-Wednesday February 19,2020 15:18:44 • NON COLLUSION AFFIDAVIT OF PROPOSER-Non-collusion_MME.pdf-Wednesday February 19, 2020 15:18:56 • MINORITY OWNED BUSINESS CERTIFICATION-MME Houston WBE Certification Approved.pdf-Tuesday February 18,2020 15:58:58 • CERTIFICATION PURSUANT TO FLORIDA STATUTE 287.135-Signed Statue 287.135.pdf-Tuesday February 18,2020 15:58:41 • Florida Professional License, including evidence of possession of required licenses or business permits-MCDONALD_MME_FL PE copy.pdf- Thursday February 20,2020 20:02:05 • Submit proof of Professional Liability Insurance at the levels identified on the Insurance Advisory Form-19-20-City of Boynton Beach.pdf- Tuesday February 18,2020 15:53:25 • Supplemental Information-SUPPLEMENTAL INFORMATION.pdf-Friday February 21,2020 03:35:24 Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonaMpbln Addenda&Acknowledgements The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement,and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub-consultants and lower tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law,the failure of the Consultant or its subconsultants or lower tier sub-consultants 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. Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs.Whenever two or more submittals which are equal with respect to price, quality,and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services,a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 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. 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. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection(1). In the statement specified in subsection(1), notify the employee that,as a condition of working on the commodities or contractual services that are under submittal,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or-plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than 5 days after such conviction. 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. 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. ry I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Patricia McGovern, Principal, McGovern McDonald Engineers The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes r No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum"below to acknowledge each of the addenda. i have reviewed the beiow adde du and File Name Pages attachments(i There have not been any addenda issued for this bid. Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonab Bid Number: 008-2821-20/TP Vendor Name: McGovernnDonab Bid Number: 008-2821-20/TP Bid Name: INTEGRATED FINANCIAL AND ENGINEERING UTILITY RATE MODEL UPDATE AND MAINTENANCE SERVICES Closing Date: 2/21/2020 2:30:00 PM Number of Submissions Received: 1 Evaluation: Start Date - End Date: 2/21/2020 12:00:00 AM - 4/7/2020 12:00:00 AM Consensus Meeting: 4/14/2020 10:00:00 AM EVALUATORS Name Stage E2. Michael Low Evaluation EEE Colin Groff EvaluationJoseph Paterniti Evaluation STAGES Number Name Type Weight N/A Submital Compliance Compliance N/A 1 Evaluation Evaluation 100.00 Grand Total: 100.00 Page 241 of 863 SCORES Submital Compliance Vendor Score McGovern McDonald Engineers Pass 1 Evaluation Vendor Score out of 100.00 McGovern McDonald Engineers 91.67 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 100.00 1 McGovern McDonald Engineers 91.67 RANKING Colin Joseph Michael Total Final Groff Paterniti Low Pts k Ranking McGovern McDonald 1 1 1 3 1 Engineers Page 242 of 863 6.D. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve the purchase of ten thousand (10,000) KN95 masks from Galls Inc. via an emergency purchase order authorized by the City Manager to equip our firefighters and police officers, along with other emergency personnel, for the COVID-19 pandemic. The purchase order totaled $50,000. The order is scheduled to ship 4-25-20. Explanation of Request: The necessity of this purchase is to help prevent the spread of the COVI D-19 virus and to protect our emergency City employees from contracting the virus. Due to the national shortage of N95 masks, the City contacted numerous medical and safety suppliers and was finally able to obtain on order for 10,000 masks. The KN95 masks are equivalent to the N95 masks. Some of the companies contacted with no success are: Matrix Medical, Boundtree Medical, Ritz Safety, Grainger, The Fucci Group, Safety Boots Center, Amazon, Quadmed, McKesson Medical and others. How will this affect city programs or services? This will allow proper protection to better serve our citizens during this unprecedented pandemic. Fiscal Impact: Budgeted The City will be seeking FEMA reimbursement for this purchase. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 243 of 863 ATTACHMENTS: Type Description D Addendum Quote for Masks D Addendum Purchase Order Page 244 of 863 TA Imu"SX Quote Customer: (5416400) CITY OF BOYNTON BEACH Page 1 of 1 Date: 03/26/2020 Quote Number: 15517656 Sales Rep: MISTY HOLLAND Quote Expiration: 06/24/2020 Sold To: Ship To: MATERIALS AND DISTRIBUTION BOYNTON BEACH WAREHOUSE 222 N.E. 9TH AVENUE 222 N E 9TH AVENUE BOYNTON BEACH, FL 33435 BOYNTON BEACH, FL 33435 MIKE DAUTA MIKE DAUTA Line Item Description Your p Qty Retail Price Ext Total 1 IC1018 DISPOSABLE FACE MASK 10000 5.00 50,000.00 2 FA1103 (1 PER BOX) DYNAREX INFRARED EAR 12 60.00 720.00 THERMOMETER Notwithstanding any conflicting terms o r conditions in buyer s contract or pure hase order, all sales on this order are FINAL. Returns or exchanges will only b e accepted for items damaged in transit or in situations where the incorrect ite m was shipped. Quote is valid for 90 days SUBTOTAL: 50,720.00 SHIPPING: Galls is required to collect sales tax on shipments to certain states. Sales tax will TAX..... : be added where applicable. For tax exempt customers, state laws require us to have TOTAL... : 50,720.00 signed tax exemption or resale certificates on file at our office. If you are tax exempt, please email or fax this information, (including your Galls account number) to Tax@galls.com or fax 859-268-5946. Export Restrictions - This may contain commodities restricted in the United States International Trade Regulations. 1340 Russell Cave Rd Lexington, KY 40505 Tel: 800-876-4242 Fax:877-914-2557 Page 245 of 863 Galls, LLC Invoice Credit Terms and Conditions of Sale Payment - Invoices for items delivered pursuant to any sales order are payable only in United States currency. You, your business, and/or your agency (the "Buyer") understand that Galls, LLC (the "Seller") may impose and charge a finance charge that is the greater of 1.5% per month or the highest rate allowed by law on any amount which becomes past due and delinquent. Returned checks may be assessed a $25.00 service fee. Additionally, Buyer shall be responsible for all collection costs, court costs, and reasonable attorney's fees in connection with the recovery of delinquent amounts. All sales are made pursuant to these Credit Terms and Conditions of Sale, and Seller objects to any different or additional terms or conditions contained in Buyer's purchase order or any other document submitted by Seller. Payments may be applied against open balances at the sole discretion of Seller and may be applied across accounts if Buyer has more than one account with Seller. Credit memos are non-refundable and may be applied to open invoices at Seller's sole discretion. Credit Terms - Any extension of credit is based upon all amounts payable on or before the due date on any written, quoted, or agreed terms, and shall be paid in accordance with such terms. If not paid on or before such date, accounts shall be considered delinquent and subject to the additional finance charges as set forth herein. Buyer agrees to provide Seller, upon request, with an updated credit application as a condition to the continued extension of credit. Buyer acknowledges and agrees that Seller may utilize outside credit reporting services and financial institutions to obtain information on the Buyer as a condition precedent to or for continued extension of credit. Seller may terminate any credit availability within its sole discretion and without prior notice. Buyer's continued solvency is a precondition to any sale made by Seller. Delays - Where a specific shipping date is not designated on the face hereof or in a subsequent writing signed by the Seller, the Seller shall not be responsible for any delays, nor shall Seller be liable for any loss or damages resulting from such delays. Seller shall not be liable for any delays in filling this order caused by accidents to machinery, differences with employees, strikes, labor shortage, fire, floods, priorities requested or required by an instrumentality of the United States Government or the government of any state, delays in transportation, restrictions imposed by any federal, state or municipal law or regulation, whether valid or invalid, or causes beyond the control of the Seller. Warranty - Seller shall pass through to Buyer all manufacturer warranties and return policies applicable to Buyer's order. Seller shall take all reasonable actions to ensure that Buyer receives the benefit of such pass through warranties and return policies. Buyer's sole remedies for any goods sold hereunder shall be as provided in such warranties and return policies and shall be solely against the applicable manufacturer. SELLER, ON BEHALF OF ITSELF, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, RELATING TO SUCH GOODS. Restocking - If a cancellation of an order or a return by Buyer is accepted or initiated by Seller and/or the manufacturer, it may be subject to a restocking charge at the discretion of Seller. Delivery and Transportation - Products sold herein are sold FOB at the place indicated on the face of this sales order unless otherwise agreed to in writing by Seller and Buyer. The method and agency of transportation and the routing will be designated by the Seller. In the event the Buyer requests alternative shipment or routing, all extra packing, shipping and transportation charges thereby resulting will be for the Buyer's account. Waiver - No provision herein shall be deemed a waiver by reason of any previous waiver, and no breach of any provision shall be deemed a waiver by reason of any previous breach. Governing Law - The sole jurisdiction and venue shall be the courts of the Commonwealth of Kentucky. Export Restrictions - This transaction may contain commodities restricted in the United States International Trade Regulations. If at a later date the Buyer decides these commodities will be exported from the United States please reference the United States Department of Commerce Bureau of Industry and Security Export Administration Regulations (15 CFR 730-774), the United States Department of State International Traffic in Arms Regulations (22 CFR 120-130) as well as any other applicable laws. These laws apply to private, commercial, and government agency export transactions. As an exporter, the Buyer will be responsible for compliance with all U.S. laws relating to the export of these items. *Designates this item is on the Galls GSA Contract (GS-07F-0157M) all other items are OPEN MARKET. Page 246 of 863 PURCHASE ORDER CITY OF BOYNTON BEACH, FLORIDA PROCUREMENT SERVICES DEPARTMENT 3301 Quantum Blvd. Suite 101 P.O. BOX P.O. #; 201011 BOYNTON BEACH, FLORIDAD 33425-0310 DATE: 03/27/20 VENDOR 1248 SHIP TO: TO: GALL'S, LLC City of Boynton Beach P.O. BOX 54308 WAREHOUSE LEXINGTON, KY 40555 222 NE 9TH AVENUE BOYNTON BEACH, FL 33435 REQUISITION NO. 76105 ORDERING DEPARTMENT: MICHAEL ® ®r m ® ® e DATE NEEDED: CONTRACT NO. COMMISSION APPROVED: EXTENDED LINE## QUANTITY UOM ITEM NO. AND DESCRIPTION UNIT COST COST *********************************** * CHANGE #: 1 * CHANGE ORDER * DATE CHG: 03/.27/2.0 XX 2 10000. 00 EA KN95 .MASKS 5 . 0000 50000 . 00 REMARKS: WAREHOUSE'' ORDER: - DO NOT, MAIL CHANGE ORDER 1 `DELETE LINE 1 AND ADD LINE 2 WITH CORRECT COMMODITY '' 3/27/20 rr PROCUREMENT SERVICES: yP` 4 'f P.O. TOTAL: 50000 . 00 .Wt 1 t 4. ACCOUNT NO. PROJECT 502-0000-141.01-00 PURCHASING Page 247 of 863 6.E. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-030-Authorize the City Manager to sign a State Grant Agreement with the Florida Department of Health (FDOH) for the purchase and installation of fluoride storage and feed equipment at the City's East Water Treatment facility for a reimbursement amount of up to $213,137.50. Explanation of Request: Grant Agreement Period: Upon Execution until July 31, 2021 Funds are being provided by the Florida Department of Health (FDOH) for the City of Boynton Beach to reinstall fluoride addition equipment at the City's East Water Treatment Facility Project. FDOH has allocated $213,137.50 for this project and will be made available through a cost reimbursement grant, which will require execution of the attached grant agreement with the Department of Health. The City of Boynton Beach will be considered a Grantee. How will this affect city programs or services? Grant funds received will assist with the Utility's implementation of a fluoride feed system to add fluoride to water treated at the East Water Treatment Facility. A listing of equipment and facilities to be constructed is provided in the attached cost breakdown. Additional detail is provided as Attachment 1 of the Grant Agreement. Fiscal Impact: Budgeted The estimated cost of this project is$510,527.50 over the next two years, $213,137.50 will be coming from this grant agreement and the remainder has been budgeted in the Utility Cl P Fund 404. Alternatives: Not to proceed with the attached Agreement with FDOH and forfeit the Grant funds. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 248 of 863 Is this a grant? Yes Grant Amount: $250,000 ATTACHMENTS: Type Description D Resolution Resolution approving the FDOH Grant Agreement D Agreement Grant agreement D Attachment project scope attachment 1 D Exhibit lobbying certification D Exhibit Financial and Compliance Audit D Exhibit Debarment Suspension D Exhibit Memo of Negotiation D Attachment Cost Breakdown Page 249 of 863 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE AUTHORIZE THE CITY MANAGER TO SIGN 5 A STATE GRANT AGREEMENT WITH THE FLORIDA 6 DEPARTMENT OF HEALTH (FDOH) FOR THE PURCHASE AND 7 INSTALLATION OF FLUORIDE STORAGE AND FEED 8 EQUIPMENT AT THE CITY'S EAST WATER TREATMENT 9 FACILITY FOR A REIMBURSEMENT AMOUNT OF UP TO 10 $213,137.50; AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, the Funds are being provided by the Florida Department of Health for 14 the City of Boynton Beach to reinstall fluoride addition equipment at the City's East Water 15 Treatment Facility Project; and 16 WHEREAS,the FDOH has allocated$213,137.59 for this project and will be made 17 available through a cost reimbursement grant, which will require execution of the attached 18 grant agreement with the Department of Health; and 19 WHEREAS,Grant funds received will assist with the Utility's implementation 20 of a fluoride feed system for addition to water treated at the East Water Treatment 21 Facility. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 23 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission approves and authorizes the City Manager to sign 28 the Grant Agreement with the Florida Department of Health (FDOH) for the purchase and 29 installation of fluoride storage and feed equipment at the City's East Water Treatment Facility S:\CA\RESO\Agreements\Grants\Approve FDOH Grant For Flouride Storage- Reso.Docx Page 250 of 863 30 for a reimbursement amount of up to $213,137.50, a copy of the Grant Agreement is attached 31 hereto as Exhibit"A". 32 Section 3. This Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of April, 2020. 34 35 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor— Steven B. Grant 41 42 Commissioner—Justin Katz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner— Christina L. Romelus 47 48 Commissioner— Ty Penserga 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) 63 64 S:\CA\RESO\Agreements\Grants\Approve FDOH Grant For Flouride Storage- Reso.Docx Page 251 of 863 CFDA No.381.0052 STATE OF FLORIDA ❑Client ®Non-Client CSFA No. N/A DEPARTMENT OF HEALTH ❑Multi-County STANDARD CONTRACT THIS CONTRACT is entered into between the State of Florida, Department of Health, hereinafter referred to as the "Department," and Citv of Bovnton Beach hereinafter referred to as"Provider," and jointly referred to as the"parties." THE PARTIES AGREE: L PROVIDER AGREES: A. To provide services in accordance with the terms specified in Attachment I attached hereto B. To the Following Governing Law 1. State of Florida Law: This contract is executed and entered into in the state of Florida, and will be construed,performed,and enforced in all respects in accordance with the laws,rules, and regulations of the state of Florida(State). Each party will perform its obligations in accordance with the terms and conditions of this contract. 2. Federal Law a. If this contract contains federal funds,Provider must comply with the provisions of 2 C.F.R. part 200, appendix 11, and other applicable regulations as specified in Attachment I. b. If this contract includes federal funds that will be used for construction or repairs,Provider must comply with the provisions of the Copeland"Anti-Kickback" Act(18 U.S.C. section 874), as supplemented by the U.S. Department of Labor regulations (29 C.F.R.part 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The act prohibits providers from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. All suspected violations must be reported to the Department. c. If this contract includes federal funds that will be used for the performance of experimental,developmental,or research work, Provider must comply with 37 C.F.R.,part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms under Governmental Grants, Contracts, and Cooperative Agreements." d. If this contract contains federal funds and is over $100,000, Provider must comply with all applicable standards, orders, or regulations of the Clean Air Act, as amended (42 U.S.C. chapter 85) and the Clean Water Act, as amended (33 U.S.C. chapter 26),President's Executive Order 11738, and Environmental Protection Agency regulations codified in Title 40 of the Code of Federal Regulations. Provider must report any violations of the above to the Department. e. If this contract contains federal funding in excess of $100,000, Provider must, prior to contract execution, complete the Certification Regarding Lobbying form,Attachment IV. If a Disclosure of Lobbying Activities form, Standard Form LLL, is required, it may be obtained from the Contract Manager. All disclosure forms as required by the Certification Regarding Lobbying form must be completed and returned to the Contract Manager. f. Employment of unauthorized aliens is a violation of the Immigration and Naturalization Act, 8 U.S.C. section 1324a, and such violation will be cause for unilateral cancellation of this contract by the Department. Provider must use the U.S. Department of Homeland Security's E-Verify system, https://e-veri . .uscis. og v/emp, to verify the employment eligibility of all new employ hired during the contract term by Provider. Provider must also include a requirement in subcontracts that the subcontractor must use the E-Verify system to verify the employment eligibility of all new employ performing work or providing services under this contract who are hired by the subcontractor during the contract term. Providers meeting the terms and conditions of the E-Verify System are deemed to be in compliance with this provision. g. Provider must comply with President's Executive Order 11246, Equal Employment Opportunity (30 Fed. Reg. 12935), as amended by President's Executive Order 11375, (32 Fed. Reg. 14303), and as supplemented by regulations at 41 C.F.R. chapter 60. h. Provider must comply with the Pro-Children Act of 1994, 20 U.S.C. sections 6081-6084,which requires that smoking not be permitted in any portion of any indoor facility used for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis,to children up to age 18. Provider's failure to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each violation and the imposition of an administrative compliance order on the responsible entity. Provider must include a similar provision in any subcontracts it enters under this contract. i. Health Insurance Portability and Accountability Act of 1996(HIPAA): When applicable,Provider must comply with Federal Privacy and Security Regulations developed by the U.S. Department of Health and Human Services as specified in 45 C.F.R. parts 160 and 164 promulgated pursuant to HIPAA, Pub. L. No. 104-191, and the Health Information Technology for Economic and Clinical Health Act, Title XIII of Division A, Title IV of Division B,Pub. L. No 111-5,collectively referred to as"HIPAA." j. Provider is required to submit a W-9 to the Department of Financial Services(DFS)electronically prior to doing business with the state of Florida via the Vendor Website at htips://flvendor.mylloridacfo.com. Any subsequent changes to Provider's Form Revised 1/2020 1 Contract# COHZ4 Page 252 of 863 W-9 must be made on this website;however,if Provider needs to change its Federal Employer Identification Number (FEID),it must contact the DFS Vendor Ombudsman Section at(850)413-5516. k. If Provider is determined to be a subrecipient of federal funds,Provider must comply with the requirements of the American Recovery and Reinvestment Act and the Federal Funding Accountability and Transparency Act,by obtaining a DUNS (Data Universal Numbering System) number and registering with the federal System for Award Management (SAM). No payments will be issued until Provider has submitted a valid DUNS number and evidence of registration (i.e., a printed copy of the completed SAM registration) in SAM to the Contract Manager. To obtain registration and instructions, visit htip://fed2ov.dnb.com/webfonn and www.ccr.gov. C. Audits,Records(including electronic storage media),and Records Retention 1. To establish and maintain books, records, and documents in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided by the Department under this contract. 2. To retain all client records,financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of six years after termination of the contract,or if an audit has been initiated and audit findings have not been resolved at the end of six years,the records must be retained until resolution of the audit findings or any litigation which may be based on the terms of this contract. 3. Upon completion or termination of this contract and at the request of the Department, Provider must, at its expense, cooperate with the Department in the duplication and transfer of any said records or documents during the required retention period as specified in Section 1,paragraph C.2., above. 4. Persons duly authorized by the Department and federal auditors,pursuant to 2 C.F.R. section 200.336,will have full access to and the right to examine any of Provider's records and documents related to this contract,regardless of the form in which kept, at all reasonable times for as long as records are retained. 5. To ensure these audit and record keeping requirements are included in all subcontracts and assignments. 6. If Provider is a recipient or subrecipient as specified in Attachment 11, Provider will perform the required financial and compliance audits in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. part 200, subpart F and section 215.97, Florida Statutes, as applicable and conform to the following requirements: a. Documentation. Maintain separate accounting of revenues and expenditures of funds under this contract and each Catalog of State Financial Assistance (CSFA) or Catalog of Federal Domestic Assistance (CFDA) number identified on the attached Exhibit 1, in accordance with generally accepted accounting practices and procedures. Expenditures which support Provider's activities not solely authorized under this contract must be allocated in accordance with applicable laws,rules, and regulations and the allocation methodology must be documented and supported by competent evidence. b. Maintain sufficient documentation of all expenditures incurred (e.g., invoices, canceled checks, payroll detail, bank statements,etc.)under this contract which evidences that expenditures are: 1) Allowable under the contract and applicable laws,rules, and regulations; 2) Reasonable; and 3) Necessary for Provider to fulfill its obligations under this contract. All documentation required by this section is subject to review by the Department and the State's Chief Financial Officer. Provider must timely comply with any requests for documentation. c. Annual Financial Report. Submit to the Department an annual financial report stating,by line item, all expenditures made as a direct result of services provided through this contract within 45 days from the end of each contract year,but no later than submission of the final invoice for that year. Each report must include a statement signed by an individual with legal authority to bind Provider,certifying that these expenditures are true, accurate, and directly related to this contract. d. Ensure that funding received under this contract in excess of expenditures is remitted to the Department within 45 days of the end of each contract year and the contract end date. 7. Public Records: Keep and maintain public records, as defined by Chapter 119, Florida Statutes that are required by the Department to perform the services required by the contract. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested public records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure are not disclosed, except as authorized by law for the duration of the contract term and following completion of the contract if Provider does not transfer the public records to the Department. Upon completion of the contract,transfer to the Department at no cost, all public records in possession of Provider or keep and maintain public records required by the Department to perform the contract services. If Provider transfers all public records to the Department upon completion of the contract, Provider will destroy any duplicate public records that are exempt or confidential and exempt. If Provider keeps and maintains public records upon completion of the contract, Provider will meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department,upon request of the Department's custodian of public records,in a format that is compatible with the information technology systems of the Department. The Department may unilaterally terminate this contract if Provider refuses to allow access to all public records made or maintained by Provider in conjunction with this contract, unless the records are exempt from section 24(a) of Art. I of the State Constitution and section 119.07(1), Florida Statutes. 2 Form Revised 1/2020 Contract# COHZ4 Page 253 of 863 If the Provider has questions regarding the application of Chapter 119, Florida Statutes, to the Provider's duty to provide public records relating to this contract, contact the custodian of public records at (850)245-4005, PublicRecordsReguestkflhealth.gov or 4052 Bald Cypress Way, Bin A02, Tallahassee, FL 32399. 8. Coordination of Contracted Services:Pursuant to section 287.0575(2),Florida Statutes,if a Provider has more than one contract with one or more of the five Florida health and human services agencies (the Department of Children and Families,the Agency for Persons with Disabilities, the Department of Health, the Department of Elderly Affairs, and the Department of Veterans' Affairs), a comprehensive list of the Provider's health and human services contracts must be submitted to the respective agencies Contract Manager(s). The list must include the following information: a) The name of each contracting state agency and the applicable office or program issuing the contract;b)the identifying name and number of each contract;c)the starting and ending date of each contract; d) the amount of each contract; e) a brief description of the purpose of the contract and the types of services provided under each contract;f)the name and contact information of the contract manager. 9. Cooperation with Inspectors General: To the extent applicable,Provider acknowledges and understands it has a duty to and will cooperate with the inspector general in any investigation,audit,inspection,review,or hearing pursuant to section 20.055(5), Florida Statutes. D. Monitoring by the Department and Dispute Resolution: 1. Monitoring by the Department: To permit persons duly authorized by the Department to inspect any records,papers,documents, facilities,goods,and services of Provider,which are relevant to this contract,and interview any clients or employees of Provider to assure the Department of satisfactory performance of the terms and conditions of this contract. Following the Department's monitoring, the Department may provide Provider with a written report specifying noncompliance and request a Corrective Action Plan to be carried out by the Provider.At its sole and exclusive discretion of the Department,the Department may take any of the following actions including the assessment of financial consequences pursuant to section 287.058(1)(h),Florida Statutes,termination of this contract for cause,demand the recoupment of funds from subsequent invoices under this contract,or demand repayment pursuant to the terms set forth in sections I. and V.,which are specifically incorporated herein. 2. Dispute Resolution: Any dispute concerning performance of this Contract or payment hereunder shall be decided by the Department in writing and submitted to the Provider for review. The decision is final unless the Provider submits a written objection to the Department within 10 calendar days from receipt of the decision. Upon receiving an objection,the Department shall provide an opportunity to resolve the dispute by mutual agreement between the parties using a negotiation process to be completed within 7 calendar days from the Department's receipt of the objection. Completion of the negotiation process is a condition precedent to any legal action by the Provider or the Department concerning this Contract. Nothing contained in this section is construed to limit the parties'rights of termination pursuant to section IILB.,below. E. Indemnification 1. Provider is liable for and will indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from all claims, suits,judgments, or damages, consequential or otherwise and including attorneys' fees and costs, arising out of any act, actions, neglect, or omissions by Provider, its agents, or employees during the performance or operation of this contract or any subsequent modifications thereof,whether direct or indirect, and whether to any person or tangible or intangible property. 2. Provider's inability to evaluate liability or its evaluation of no liability will not excuse Provider's duty to defend and indemnify the Department within seven days after certified mail or courier delivery notice from the Department. Only adjudication or judgment after highest appeal is exhausted specifically finding Provider not liable will excuse performance of this provision. Provider will pay all costs and fees related to this obligation and its enforcement by the Department. The Department's failure to notify Provider of a claim will not release Provider of the above duty to indemnify. NOTE: This section,LE,Indemnification,is not applicable to contracts executed between state agencies or subdivisions,as defined in section 768.28,Florida Statutes. 3. Nothing in this contract shall be construed to require the Department to indemnify the Provider. F. Insurance: To provide adequate liability insurance coverage on a comprehensive basis and to hold such liability insurance at all times during the existence of this contract and any renewal(s)and extension(s)of it. Upon execution of this contract,unless it is a state agency or subdivision as defined in section 768.28,Florida Statutes,Provider accepts full responsibility for identifying and determining the type(s)and extent of liability insurance necessary to provide reasonable financial protections for Provider and the clients to be served under this contract. The limits of coverage under each policy maintained by Provider do not limit Provider's liability and obligations under this contract. Upon the execution of this contract,Provider must furnish the Department written verification supporting both the determination and existence of such insurance coverage. Such coverage may be provided by a self-insurance program established and operating under the laws of the State. The Department reserves the right to require additional insurance as specified in Attachment 1. G. Safeguarding Information:Not to use or disclose any information concerning a recipient of services under this contract for any purpose not in conformity with state and federal law except upon written consent of the recipient,or the responsible parent or guardian when authorized by law. H. Assignments and Subcontracts 1. To neither assign the responsibility of this contract to another party nor subcontract for any of the work contemplated under this contract without prior written approval of the Department, which will not be unreasonably withheld. Any subcontract, Form Revised 1/2020 3 Contract# COHZ4 Page 254 of 863 assignment, or transfer otherwise occurring will be null and void. In the event the use of subcontracts are allowed, Provider will remain responsible for all work performed and all expenses incurred in connection with this contract, and shall incorporate the terms of the Department's Standard Contract,into any and all subcontracts. Further,no subcontracts shall be entered into without prior written approval of the Department. This contract will bind the successors, assigns, and legal representatives of Provider and any legal entity that succeeds to the obligations of the Department. 2. Provider will be responsible for all work performed and all expenses incurred for this contract. If the Department permits Provider to subcontract all or part of the work contemplated under this contract,including entering into subcontracts with vendors for services or commodities, the Department will not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and Provider will be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. If the Department permits Provider to subcontract, such permission will be indicated in Attachment 1. 3. The Department will at all times be entitled to assign or transfer,in whole or part,its rights,duties,or obligations under this contract to another governmental agency in the state of Florida,upon prior written notice to Provider. 4. Unless otherwise stated in the contract between Provider and subcontractor,payments made by Provider to the subcontractor must be within seven working days after receipt of full or partial payments from the Department in accordance with section 287.0585,Florida Statutes. Failure to pay within seven working days will result in a penalty charged against Provider to be paid by Provider to the subcontractor in the amount of one-half of one percent of the amount due per day from the expiration of the period allowed herein for payment. The penalty will be in addition to actual payments owed and will not exceed 15 percent of the outstanding balance due. L Return of Funds:Return to the Department any overpayments due to unearned funds or funds disallowed and any interest attributable to such funds pursuant to the terms of this contract that were paid to Provider by the Department. In the event that Provider or its independent auditor discovers that an overpayment has been made,Provider will repay the overpayment within 40 calendar days without prior notification from the Department. In the event that the Department first discovers an overpayment has been made,the Department will notify Provider in writing of such a finding. Should repayment not be made in the time specified by the Department,Provider will pay interest of one percent per month compounded on the outstanding balance after 40 calendar days after the date of notification or discovery. The Department reserves the right,in its sole and exclusive discretion,to recoup Provider's unearned funds from any invoice submitted under this contract or through collection proceedings. J. Transportation Disadvantaged: If clients are to be transported under this contract,Provider must comply with the provisions of Chapter 427,Florida Statutes,and Rule Chapter 41-2,Florida Administrative Code. Provider must submit the reports required pursuant to the Department's Internal Operating Procedure(IOP)56-58-15,Transportation Disadvantaged Procedure. K Purchasing 1. Prison Rehabilitative Industries and Diversified Enterprises,Inc. (PRIDE): It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from the corporation identified under Chapter 946, Florida Statutes, in the same manner and under the same procedures set forth in section 946.515(2) and (4), Florida Statutes; and for purposes of this contract the person,firm,or other business entity carrying out the provisions of this contract (Provider) shall be deemed to be substituted for this agency (the Department) insofar as dealings with such corporation are concerned. This clause is not applicable to subcontractors unless otherwise required by law. An abbreviated list of products and services available from PRIDE may be obtained by contacting PRIDE at 1-800-643-8459. 2. Procurement of Materials with Recycled Content: Any products or materials which are the subject of,or are required to carry out this contract will be procured in accordance with the provisions of section 403.7065,Florida Statutes. 3. MyFloridaMarketPlace Vendor Registration: Each vendor doing business with the State for the sale of commodities or contractual services as defined in section 287.012, Florida Statutes, must register in the MyFloridaMarketPlace system, unless exempted under Rule 60A-1.033,Florida Administrative Code. 4. MyFloridaMarketPlace Transaction Fee: a. The state of Florida,through its Department of Management Services(DMS),has instituted MyFloridaMarketPlace, a statewide procurement system. Pursuant to section 287.057(22),Florida Statutes, all payments will be assessed a Transaction Fee of one percent,which Provider will pay to the State. b. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee will, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible,Provider will pay the Transaction Fee pursuant to Rule 60A-1.031(2), Florida Administrative Code. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments will be subject to audit by the State or its designee. c. Vendor will receive a credit for any Transaction Fee paid by Vendor for the purchase of any item, if such item is returned to Vendor through no fault,act,or omission of Vendor. Notwithstanding the foregoing,a Transaction Fee is non-refundable when an item is rejected or returned,or declined,due to the vendor's failure to perform or comply with specifications or requirements of this contract. Failure to comply with these requirements will constitute grounds for declaring the vendor in default and recovering reprocurement costs from the vendor in addition to all outstanding fees. Providers delinquent in paying transaction fees may be excluded from conducting future business with the State. 5. Alternative Contract Source: This contract may be used as an alternative contract source, subject to approval from DMS,pursuant to section 287.042(16),Florida Statutes and Rule 60A-1.045,Florida Administrative Code. L. Background Screening Requirements and Drug Screening Requirements: 1. Background Screening Requirements: In the Department's sole and exclusive discretion,it may determine that background screening of some or all of Provider's officers,agents, 4employees,subcontractors,or assignees is necessary (collectively Form Revised 1/2020 Contract# COHZ4 Page 255 of 863 individuals). In the event background screenings are required under this contract,Provider agrees to the following: a. Conduct background screenings in accordance with Chapter 435,Florida Statutes,using level 2 screening standards. b. Provide the Department with a written attestation confirming that the individual has completed and cleared the level 2 background screening. c. Not allow the individual to begin work under this contract until that individual has been cleared by the Department. 2. Drug Screening Requirements: Pursuant to section 112.0455,Florida Statutes if the Provider's officers, agents,employees, subcontractors,or assignees(collectively individuals)are assigned to work in a Department designated Safety-Sensitive Class and/or Position,under this contract,then a drug test must be performed prior to the individual being allowed to start work under this contract. If an individual has already been screened by the Provider,then a written attestation confirming that the individual has completed and cleared the drug screening must be submitted to the Department prior to contract execution. If an individual has not been drug screened,notify the Department immediately. No individual can begin work under this contract until they have been cleared by the Department. M. Civil Rights Requirements: Provider must comply with applicable provisions of the Department's publication titled,"Methods of Administration,Equal Opportunity in Service Delivery."A copy will be provided to the Provider upon request. N. Independent Capacity of the Provider 1. Provider is an independent contractor and is solely liable for the performance of all tasks and deliverables contemplated by this contract. 2. Except where Provider is a state agency,Provider, its officers, agents, employees, subcontractors, or assignees, in performance of this contract,will act in the capacity of an independent contractor and not as an officer, employee, or agent of the State. Provider will not represent to others that it has the authority to bind the Department unless specifically authorized to do so. 3. Except where Provider is a state agency,Provider,its officers,agents,employees, subcontractors,or assignees are not entitled to state retirement or state leave benefits,or to any other compensation of state employment as a result of performing the duties and obligations of this contract. 4. Provider agrees to take such actions as may be necessary to ensure that each subcontractor of Provider understand they are independent contractor and will not be considered or permitted to be an agent, servant,joint venturer, or partner of the state of Florida. 5. Unless justified by Provider and agreed to by the Department in Attachment I,the Department will not furnish services of support (e.g.,office space,office supplies,telephone service,secretarial,or clerical support)to Provider,or its subcontractor or assignee. 6. All deductions for social security, withholding taxes, income taxes, contributions to unemployment compensation funds, and all necessary insurance for Provider,Provider's officers, employees, agents, subcontractors, or assignees will be the responsibility of Provider. O. Sponsorship: As required by section 286.25,Florida Statutes,if Provider is a non-governmental organization which sponsors a program financed wholly or in part by state funds,including any funds obtained through this contract,it will,in publicizing,advertising, or describing the sponsorship of the program,state: "Sponsored by(Provider's name)and the State of Florida,Department of Health." If the sponsorship reference is in written material,the words"State ofFlorida,Department ofHealth"will appear in at least the same size letters or type as Provider's name. P. Final Invoice: To submit the final invoice for payment to the Department no more than 30 days after the contract ends or is terminated. If Provider fails to do so,all right to payment is forfeited and the Department will not honor any requests submitted after the aforesaid time period. Any payment due under the terms of this contract may be withheld until all deliverables and any necessary adjustments have been approved by the Department. Q. Use of Funds for Lobbying Prohibited: Comply with the provisions of sections 11.062 and 216.347,Florida Statutes,which prohibit the expenditure of contract funds for the purpose of lobbying the Legislature,judicial branch,or a state agency. R Public Entity Crime,Discriminatory Vendor,and Scrutinized Companies 1. Public Entity Crime: Pursuant to section 287.133,Florida Statutes, the following restrictions are placed on the ability of persons convicted of public entity crimes to transact business with the Department: When a person or affiliate has been placed on the convicted vendor list following a conviction for a public entity crime,he or she may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 2. Discriminatory Vendor: Pursuant to section 287.134,Florida Statutes,the following restrictions are placed on the ability of persons convicted of discrimination to transact business with the Department: When a person or affiliate has been placed on the discriminatory vendor list following a conviction for discrimination, he or she may not submit a bid on a contract to provide any goods or services to a public entity,may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids on leases of real property to a public entity,may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in section 287.017,Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the discriminatory vendor list. Form Revised 1/2020 5 Contract# COHZ4 Page 256 of 863 3. Scrutinized Companies:Provider must comply with the provisions of section 287.135,Florida Statutes as follows: a. If Provider is found to have submitted a false certification as provided under section 287.135(5),Florida Statutes,that it is not on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or that has been engaged in business operations in Cuba or Syria,this contract may be terminated at the option of the Department. b. If Provider is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel this contract may be terminated at the option of the Department. S. Patents,Copyrights,and Royalties 1. Any inventions or discoveries developed in the course of or as a result of services performed under this contract which are patentable pursuant to 35 U.S.C. section 101,are the sole property of the state of Florida. Provider must inform the Department of any inventions or discoveries developed in connection with this contract and will be referred to the Department of State for a determination on whether patent protection will be sought for the invention or discovery. The state of Florida will be the sole owner of all patents resulting from any invention or discovery made in connection with this contract. 2. Provider must notify the Department of State of any books,manuals,films, or other copyrightable works developed in connection with this contract. Any and all copyrights accruing under or in connection with the performance of this contract are the sole property of the state of Florida. 3. Provider,without exception,will indemnify and save harmless the state of Florida and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented invention, process, or article manufactured by Provider. Provider has no liability when such claim is solely and exclusively due to the Department of State's alteration of the article. The state of Florida will provide prompt written notification of claim of copyright or patent infringement. Further,if such claim is made or is pending,Provider may,at its option and expense,procure for the Department of State,the right to continue use of, replace, or modify the article to render it non-infringing. If Provider uses any design, device, or materials covered by letters,patent, or copyright, it is mutually agreed and understood without exception that the bid prices will include all royalties or cost arising from the use of such design,device,or materials in any way involved in the work. T. Construction or Renovation of Facilities Using State Funds:Any state funds provided for the purchase of or improvements to real property are contingent upon Provider granting to the state a security interest in the property at least to the amount of the state funds provided for at least five years from the date of purchase or the completion of the improvements or as further required by law. As a condition of a receipt of state funding for this purpose,Provider agrees that,if it disposes of the property before the state's interest is vacated,Provider will refund the proportionate share of the state's initial investment,as adjusted by depreciation or appreciation. U. Electronic Fund Transfer: Provider agrees to enroll in Electronic Fund Transfer (EFT) provided by DFS. Questions should be directed to DFS's EFT Section at(850)410-9466. The previous sentence is for notice purposes only. Copies of the authorization form and sample bank letter are available from DFS. V. Information Security: Maintain confidentiality of all data, files, and records including client records related to the services provided pursuant to this contract and will comply with state and federal laws,including,but not limited to,sections 381.004,384.29,392.65,and 456.057,Florida Statutes. The State of Florida requires that all data generated,used,or stored by the Provider pursuant to this Contract reside and remain in the U.S. and not be transferred outside of the U.S. W. Venue and Remedies for Default: 1. Venue: Venue for any legal actions arising from this contract will be in Leon County,Florida,unless the contract is entered into by one of the Department's county health department, in which case, venue for any legal actions will be in the county in which the county health department is located. 2. Remedies for Default:Provider's failure to adhere to the Contract terms and conditions will subject Provider to the remedies set forth in section III. B. 3. below. X. Force Maj cure:The Provider may be excused from liability for the failure or delay in performance of any obligation under this Contract for any event beyond the Provider's reasonable control,including but not limited to,Acts of God,fire,flood,explosion, earthquake,or other natural forces,war,civil unrest,any strike or labor disturbance. Such excuse from liability is effective only to the extent and duration of the event(s)causing the failure or delay in performance and provided that the Provider or its employees,including any subcontracted providers,have not caused such event(s)to occur.If the Provider believes an excusable delay has occurred,the Provider must notify the Department in writing of the delay or potential delay within five business days after its occurrence for review and approval(which will not be unreasonably withheld)and include at a minimum,a description of the delay,date the force maj cure event occurred including the duration,and the tasks and deliverables affected by the delay. The Provider will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct,indirect,consequential,impact or other costs, expenses or damages,including but not limited to costs of acceleration or inefficiency,arising because of delay,disruption,interference, or hindrance from any cause whatsoever. All delivery dates under this Contract that have been affected by the force majeure event is tolled for the duration of such force maj cure event.If the contract is tolled for any reason,the Provider is not entitled to payment for the days services were not rendered and no financial consequences will be assessed by the Department for that affected task(s)or deliverable. In the event a force majeure event persists for 30 days or more,the Department may terminate this Contract at its sole discretion upon written notice being given to the Provider. IL METHOD OF PAYMENT A. Contract Amount: The Department agrees to pay Provider for completion of the deliverables as specified in Attachment 1, in an amount not to exceed$213,137.50, subject to the availability of6funds. The state of Florida's performance and obligation to pay under Form Revised 1/2020 Contract# COHZ4 Page 257 of 863 this contract is contingent upon an annual appropriation by the Legislature. The costs of services paid under any other contract or from any other source are not eligible for reimbursement under this contract. B. Contract Payment: 1. Provider must submit bills for fees or other compensation for services or expenses in sufficient detail for a proper pre-audit and post-audit thereof. 2. Where reimbursement of travel expenses are allowable as specified in Attachment I,bills for any travel expenses must be submitted in accordance with section 112.061, Florida Statutes. The Department may, if specified in Attachment 1, establish rates lower than the maximum provided in section 112.061,Florida Statutes. 3. Pursuant to section 215.422,Florida Statutes,the Department has five working days to inspect and approve goods and services,unless this contract specifies otherwise. With the exception of payments to health care providers for hospital, medical, or other health care services,if payment is not available within 40 days,measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, a separate interest penalty set by the State's Chief Financial Officer pursuant to section 55.03, Florida Statutes, will be due and payable in addition to the invoice amount. To obtain the applicable interest rate, contact the Department's fiscal office or contract administrator. Payments to health care providers for hospitals, medical, or other health care services, will be made not more than 35 days from the date eligibility for payment is determined, at the daily interest rate of 0.03333 percent. Invoices returned to Provider due to preparation errors will result in a payment delay. Interest penalties less than one dollar will not be enforced unless Provider requests payment. Invoice payment requirements do not start until a properly completed invoice is provided to the Department. 4. Bonuses:Pursuant to section 215.425,Florida statutes, any bonus scheme implemented by the Provider must: 1)base the award of a bonus on work performance;2)describe the performance standards and evaluation process by which a bonus will be awarded; 3)Notify all employees of the policy,ordinance,rule,or resolution before the beginning of the evaluation period on which a bonus will be based; and 4)consider all employees for the bonus. A copy of the Provider's policy,ordinance,rule,or resolution, must be submitted to the Contract Manager for review prior to contract funds being allocated for such payment. The Department reserves the right to refuse the Provider's request to allocate any contract funds for the payment of bonuses. C. Vendor Ombudsman: A Vendor Ombudsman has been established within DFS whose duties include acting as an advocate for providers who may be experiencing problems in obtaining timely payment from a state agency. The Vendor Ombudsman may be contacted at(850)413-5516 or by calling the DFS Consumer Hotline at 1-(800)-342-2762. III. PROVIDER CONTRACT TERM A. Effective and Ending Dates: This contract will begin on 4/1/2020 or on the date on which the contract has been signed by both parties, whichever is later. It will end on8/30/2021. B. Termination 1. Termination at Will: This contract may be terminated by either party upon no less than 30 calendar days' written notice to the other party,without cause,unless a lesser time is mutually agreed upon in writing by both parties. The notice must be delivered by certified mail,return receipt requested,or in person with proof of delivery. In the event this contract is terminated,Provider will be compensated for any deliverables completed prior to the Department's notification to Provider of contract termination. 2. Termination Because of Lack of Funds: In the event funds to finance this contract become unavailable,the Department may terminate the contract upon no less than 24 hours' written notice to Provider. The notice must be delivered by certified mail, return receipt requested,or in person with proof of delivery. The Department will be the final authority as to the availability and adequacy of funds. 3. Termination for Breach: This contract may be terminated for non-performance upon no less than 24 hours' written notice to Provider. Waiver of breach of any provisions of this contract will not be deemed to be a waiver of any other breach and will not be construed to be a modification of the terms of this contract. In the event of default, in addition to the Department's right to terminate the contract,the Department may pursue any of its remedies at law or in equity, including but not limited to, any losses or expenditures of the Department in obtaining replacement services or commodities, investigating,monitoring or auditing, including legal fees,professional fees,consulting fees and witness fees. These remedies shall include offsetting any sums due to the Provider under the Contract,and any other remedies at law or in equity. C. Renegotiation or Modification:Modifications of provisions of this contract will only be valid when they have been reduced to writing and duly signed by both parties. The rate of payment and dollar amount may be adjusted retroactively to reflect price level increases and changes in the rate of payment when these have been established through the appropriations process and subsequently identified in the Department's operating budget. INTENTIONALLY LEFT BLANK Form Revised 1/2020 7 Contract# COHZ4 Page 258 of 863 D. Contract Representatives Contact Information: 1. The name,mailing address,and telephone number of Provider's 3. The name,address,and telephone number of the official payee to whom the payment will be made is: Department's Contract Manager is: Steven B. Grant,Mayor Shannon Harp PO Box 310,Boynton Beach,F133426 4052 Blad Cypress Way,Bin A14 561-742-6312 Tallahassee,FL 32399 850-558-9660 4.The name,address,and telephone number of Provider's 2. The name of the contact person and street address where Provider's representative responsible for administration of the program financial and administrative records are maintained is: under this contract is: Mara Frederiksen Joe Paterniti PO Box 310 124 E.Woolbright Rd. Boynton Beach,F133426 Boynton Beach,F133435 561-742-6312 561-742-6423 5. Provide written notice to the other party of any changes in the above contract representative's contact information. Any such changes will not require a formal amendment to this contract. E. All Terms and Conditions Included: This contract and its attachments and exhibits as referenced,L IL IV contain all the terms and conditions agreed upon by the parties. There are no provisions,terms,conditions,or obligations other than those contained herein,and this contract will supersede all previous communications,representations,or agreements,either verbal or written between the parties. If any term or provision of this contract is found to be illegal or unenforceable,the remainder of the contract will remain in full force and effect and such term or provision will be stricken. IN WITNEss THEREOF,the parties hereto have caused this page contract to be executed by their undersigned,duly authorized, officials, and attest to have read the above contract and agree to the terms contained within it. PROVIDER: CITY OF BOYNTON BEACH STATE OF FLORIDA,DEPARTMENT OF HEALTH SIGNATURE: SIGNATURE: PRINT/TYPE NAME: PRINT/TYPE NAME: TITLE' TITLE' DATE' DATE' BY SIGNING THIS CONTRACT,THE ABOVE ATTESTS STATE AGENCY 29-DIGIT FLAIR CODE: THERE IS EVIDENCE IN THE CONTRACT FILE DEMONSTRATING THIS CONTRACT WAS REVIEWED FEID#(OR SSN): BY THE DEPARTMENT'S OFFICE OF PROVIDER FISCAL YEAR ENDING DATE: THE GENERAL COUNSEL. Form Revised 1/2020 8 Contract# COHZ4 Page 259 of 863 City of Boynton Beach ATTACHMENT I A. Services to be Provided 1. General Description: a. General Statement: This contract is for the purchase and installation of water fluoridation equipment to increase access to fluoridated water in Boynton Beach, Florida. b. Authority: Section 381.0052, Florida Statutes and Ch. 19-115, § 3 at 444, Laws of Fla. 2. Definition of Terms: a. Business Days: Monday through;Friday, excluding state holidays. b. Cost Estimate: A plan, created by Provider, which lists the estimated invoice price of the equipment or item(s) that will be purchased to replace the existing water fluoridation system. C. Project Close Out Report: A report stating that all applicable administrative actions and required work of the contract have been completed. d. Quarter: A three-month period of the contract, coinciding with the federal fiscal year. The quarters for this contract are September through November (first quarter), December through February (second quarter), March through May (third quarter), and June through August (fourth quarter). B. Manner of Service Provision 1. Scope of Work: Provider will purchase and install water fluoridation equipment to replace a recently removed water fluoridation system, assist in the increase of access to fluoridated water, and maintain optimal fluoride concentration at a consistent level within Boynton Beach, Florida. a. Tasks: Provider will perform the following tasks: 1) Prepare'a Cost Estimate and include the following information for the items being purchased: the quantity of the item, the name of the item, the type of the item, the size of the item, the item's manufacturer, the item's model number, and the total item price. Submit the Cost Estimate within 30 days of contract execution to the Contract Manager for review and approval. Update the Cost Estimate as necessary throughout the contract term and submit it to the Contract Manager within 5 business days of any updates for review and approval. 2) Purchase and install water fluoridation equipment needed to replace the recently removed fluoridation system by August 31, 2021. All purchases must be in accordance with the approved Cost Estimate. Take pictures of each item purchased and pictures of each piece of equipment being 8 Contract COHN Page 260 of 863 City of Boynton Beach replaced. Maintain the pictures throughout the contract term. All purchases and installations must be made in accordance with Florida Administrative Code Rule 62-555.325. Reimbursement will be made for each item purchased in accordance with the terms of this contract. 3) Prepare a Quarterly Progress Report each quarter. Document the progress, delays, purchases, unit costs, total costs of the goods or services, number of items purchased, date of delivery, installation, manufacturer, retailer, and serial number in the Quarterly Progress Report and submit it to the Contract Manager with the quarterly invoice. 4) For each individual item costing $5,000.00 or more, conduct the following: a) Take a picture of where the item will be stored or placed and take a picture after the item has been delivered. Maintain all pictures throughout the contract term. Submit a copy of any pictures with the quarterly invoice'. b) Document the following information on the Invoice Requirement Template (Attachment IV): description of item, manufacturer, serial number, quantity purchased, condition of each, location (the water plant's physical address), purchase cost, and date received. Submit the completed Attachment IV and copies of any receipts with the quarterly invoice`. 5) Prepare a Project Close Out Report that includes an itemized list of equipment purchased including the equipment's name and cost and submit it to the Contract Manager within 30 days of project completion but no later than August 31, 2021. b. Deliverables: Provider must complete or submit the following deliverables in the time and manner specified: 1) Quarterly: Purchase and installation of water fluoridation equipment with submission of supporting documentation as specified in Tasks B.1.a.1) through B.1.a.5). C. Performance Measures: The Deliverables must be met at this minimum level of performance: 1) Deliverable B.1.b.1): a) The Cost Estimate must be completed and submitted as specified. b) Water fluoridation equipment must be purchased and installed as specified. C) A Quarterly Progress Report must be prepared and submitted each quarter as specified. d) The completed Attachment IV must be submitted as specified. 9 Contract COHN Page 261 of 863 City of Boynton Beach e) A Project Close Out Report must be prepared and submitted as specified. 2. Financial Consequences: Failure to complete or submit a deliverable in the time and manner specified will result in a reduction in payment for that deliverable as follows: a. Deliverable B.1.b.1): 1) Failure to complete and submit the Cost Estimate as specified will result in a one percent reduction in the invoice amount. 2) Failure to purchase and install water fluoridation equipment as specified will result in a twenty percent reduction in the invoice amount. An additional one percent reduction will result in the invoice amount for every five days thereafter the equipment is not installed. 3) Failure to prepare and submit the Quarterly Progress Report each quarter as specified will result in a five percent reduction in the invoice amount. An additional one percent reduction will result in the invoice amount for every five days thereafter the report is not submitted. 4) Failure to submit the completed Attachment IV as specified will result in a five percent reduction in the invoice amount. 5) Failure to prepare and submit the Project Close Out Report as specified will result in a one,percent reduction in the invoice amount. An additional one percent reduction will result in the invoice amount for every five days `thereafter the report is not submitted. 3. Service Location and Equipment: a. Service Location: The water fluoridation system will be used in Boynton Beach, Florida, and is located at 124 East'Woolbright Road, Boynton Beach Florida, 33535. b. Equipment: Provider will be responsible for maintaining all equipment purchased under this contract. C. Method of Payment 1. Payment: This is a cost reimbursement contract. Provider may seek quarterly reimbursement for the completion of the deliverables as specified in Section B.1.b. and in accordance with the terms and conditions of the contract a total dollar amount not to exceed $213,137.50, subject to the availability of funds. Reimbursement may be sought in an amount not to exceed $150,000.00 by the end of the fourth quarter of the first contract year and in an amount not to exceed $63,137.50 by the end of the fourth quarter of the second contract year. 2. Unit of Service: A unit of service will consist of one quarter of completed required deliverables, as specified in Section B.1.b. A quarter of deliverables will include all deliverables due in that quarter, including any monthly or annual deliverables scheduled for delivery in a particular quarter. 10 Contract COHN Page 262 of 863 City of Boynton Beach 3. Invoice Requirements: Payment must be requested through submission of a properly completed invoice to the Contract Manager within 30 days from the end of each quarter. Deliverables must be completed as specified in Section B.1.b. prior to any payments being made. At a minimum, each invoice must be submitted on the Provider's letterhead and provide the invoice date, deliverable completed, and the amount due. All supporting documentation must be included for the invoice to be reviewed and assessed for payment. Receipts that are submitted for reimbursement each quarter must show that the expenses were incurred before the end of that particular quarter. Provider must include with its invoice a statement certifying that reimbursement expenses were incurred on or before August 31, 2020. 4. Purchasing Specifications: No purchases will be made until the Cost Estimate has been approved by the Department. 5. Supporting Documentation: a. Budget: Attach a copy of the Department approved budget and budget justification for the initial contract year upon contractexecution. Each subsequent contract year, the budget must be submitted to the Contract Manager for approval by April 30.; Any revisions to an approved Cost Estimate or budget justification must be submitted to the Contract Manager for review and approval prior to implementation. b. Cost Reimbursement Documentation Requirements: Paid invoices or receipts must support payments made to subcontractors. Receipts and proper documentation are required for all expenses incurred for which reimbursement is sought. D. Special Provisions 1. Contract Renewal: This contract may be renewed on a yearly basis, contingent upon a specific appropriation by the Legislature. Renewals must be in writing, subject to the same terms and conditions as set forth in the initial contract, made by mutual agreement, and will be contingent upon satisfactory fiscal and programmatic performance evaluations as determined by the Department and will be subject to the availability of funds. 2. Non-Expendable Property Clause: Non-expendable property is defined as tangible personal property of a non-consumable nature that has an acquisition cost of$1,000.00 or more per unit and an expected useful life of at least one year, and hardback-bound books, which are not circulated to students or the general public, with the value or cost of $250.00 or more. Hardback books with a value or cost of$250.00 or more should be classified as OCO (Other Capital Outlay) expenditures. All such property purchased under this contract must be listed on the property records of Provider. Said listing must include a description of the property, model number, manufacturer's serial number, funding source, information needed to calculate the federal or state share, date of acquisition, unit cost, property inventory number, and information on the location, use and condition, transfer, replacement or disposition of the property. 11 Contract COHN Page 263 of 863 City of Boynton Beach All such property purchased under this contract must be inventoried annually and an inventory report must be submitted to the Department along with the final expenditure report. A report of non-expendable property must be submitted to the Department along with the expenditure report for the period in which it was purchased. Unless otherwise determined by the Department, title (ownership) to all non-expendable property acquired with funds from the contract will be vested in the Department upon completion or termination of the contract. At no time will Provider dispose of non-expendable property purchased under this contract except with the permission of the Department in accordance with their instructions. 3. Use: Equipment purchased under this contract must be used for the services indicated in this contract throughout the useful life of the water fluoridation system. The water fluoridation system must not be sold without the Department's prior written approval. This provision remains effective after the end date of the contract. END OF TEXT 12 Contract COHN Page 264 of 863 CERTIFICATION REGARDING LOBBYING Attachment IV CERTIFICATION FOR CONTRACTS, GRANTS, LOANS AND COOPERATIVE AGREEMENTS Contract # COHZ4 The undersigned certifies, to the best of his or her knowledge and belief, that: (1) 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 an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in the 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. (2) 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 an employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in the connection with this federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities", in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants and contracts under grants, loans and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. 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 31 U.S.C. §1352 (1996). 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. Signature Date COHZ4 Name of Authorized Individual Application or Contract Number Cit. o�ynton Beach Name of Organization Address of Organization Revised-07/2016 Page I Page 265 of 863 ATTACHMENT II AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE The administration of resources awarded by the Department of Health to recipient organization may be federal or state financial assistance as defined by 2 CFR§200.40 and/or section 215.97, Florida Statutes, and may be subject to audits and/or monitoring by the Department of Health, as described in this section. For this agreement, the Department of Health has determined the following relationship exist: 1. Vendor/Contractor(215.97(z), F.S.)and (2 CFR§ 200.23). Funds used for goods and services for the Department of Health's own use and creates a procurement relationship with Recipient which is not subject to single audit act compliance requirements for the Federal/State program as a result of this contract agreement. A vendor/contractor agreement may also be used with an established Service Organization (SO)that is serving as a Third-Party Administrator and in this case, is subject to SSAE18 audit reporting requirements (see Part III. Other Audit Requirements). 2. Recipient/Subrecipient of state financial assistance (215.97(o)(y), F.S.). Funds may be expended only for allowable costs resulting from obligations incurred during the specified contract period. In addition, any balance of unobligated funds which has been advanced or paid must be refunded to the Department of Health as the state awarding agency. As well as funds paid in excess of the amount to which the recipient/subrecipient is entitled under the terms and conditions of the contract must be refunded to the Department of Health. 3. X Recipient/Subrecipient of federal financial assistance(2 CFR§ 200.40) . Funds paid in excess of the amount to which the recipient/subrecipient is entitled under the terms and conditions of the contract must be refunded to the Department of Health as the Pass-Through state awarding agency. In addition, the recipient/subrecipient may not earn or keep any profit resulting from Federal financial assistance, unless explicitly authorized by the terms and conditions of the Federal award or this agreement. Note: A vendor/contractor vs. recipient/subrecipient determination must conclude with the completion of Exhibit 2 to identify the recipient's audit's relationship with the department. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F (formerly A-133) -Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department of Health staff, limited scope audits as defined by 2 CFR§200.425, or other procedures. By entering into this agreement,the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of Health. In the event the Department of Health determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of Health staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer(CFO) or Auditor General. 1 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#' C._ HZ466 Of 863 AUDIT GUIDANCE PART I: FEDERALLY FUNDED This part is applicable if Recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. If a recipient expends $750,000 or more in Federal awards during its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department of Health by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Health. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. In connection with the audit requirements addressed in Part I, paragraph 1, Recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§ 200.508-.512. 3. If a recipient expends less than $750,000 in Federal awards in its fiscal year, the recipient is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 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 recipient resources obtained from other than federal entities). Note: Audits conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Department of Health shall be based on the contract agreement's requirements,including any rules,regulations,or statutes referenced in the contract. The financial statements shall disclose whether the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Department of Health shall be fully disclosed in the audit report with reference to the Department of Health contract involved. If not otherwise disclosed as required by 2 CFR§ 200.510,the schedule of expenditures of Federal awards shall identify expenditures by funding source and contract number for each contract with the Department of Health in effect during the audit period. Financial reporting packages required under this part must be submitted within the earlier of 30 days after receipt of the audit report or 9 months after the end of Recipient's fiscal year end. 2 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#' C._ HZ467 Of 863 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by section 215.97(1)(n), Florida Statutes. 1. If a recipient expends a total amount of state financial assistance equal to or in excess of$750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 or thereafter), recipient must have a State single or project-specific audit for such fiscal year in accordance with section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; Chapter 10.550 (local governmental entities) or Chapter 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT I to this contract indicates state financial assistance awarded through the Department of Health by this contract. In determining the state financial assistance expended in its fiscal year, recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Health, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1, recipient shall ensure that the audit complies with the requirements of section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by section 215.97(2), Florida Statutes, and Chapter 10.550 (local governmental entities) or Chapter 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If a recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, ,2017 or thereafter), an audit conducted in accordance with the provisions of section 215.97, Florida Statutes, is not required. In the event that a recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, Florida Statutes, the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than state funds). Note: An audit conducted in accordance with this part shall cover the entire organization for the organization's fiscal year. Compliance findings related to contracts with the Department of Health shall be based on the contract's requirements, including any applicable rules,regulations,or statutes. The financial statements shall disclose whether the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Department of Health shall be fully disclosed in the audit report with reference to the Department of Health contract involved. If not otherwise disclosed as required by Florida Administrative Code Rule 69I-5.003,the schedule of expenditures of state financial assistance shall identify expenditures by contract number for each contract with the Department of Health in effect during the audit period. Financial reporting packages required under this part must be submitted within 45 days after delivery of the audit report,but no later than 9 months after recipient's fiscal year end for local governmental entities. Non-profit or for-profit organizations are required to be submitted within 45 days after delivery of the audit report,but no later than 9 months after recipient's fiscal year end. Notwithstanding the applicability of this portion,the Department of Health retains all right and obligation to monitor and oversee the performance of this contract as outlined throughout this document and pursuant to law. 3 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#' C._ HZ46$ Of 863 PART III: OTHER AUDIT REQUIREMENTS This part is applicable to a contractor,vendor and/or provider organization serving as a third-party administrator on behalf of FDOH programs and is classified or determined in the FDOH contract agreement to be a Service Organization (SO). If the contracted entity is determined to be a Service Organization (SO), the entity must perform an attestation to the Service Organization Controls (SOC) and submit to FDOH a "Statement on Standards for Attestation Engagements(SSAE18)audit reportwithin the assigned timeframe as agreed upon in the SO's contract agreement. The hired Auditor must make an evaluation consistent with the FDOH contract terms and conditions to determine which SSAE18 report types to perform for the required SOC types. Below are the options available for the SSAE18 reports; TYPES: 1. SOC 1 —A report on controls over financial reporting. ➢ Type 1 Report - Report on the fairness of the presentation of management's description of the service organization's system and the suitability of the design of the controls to achieve the related control objectives included in the description as of a specified date. ➢ Type 2 Report -Report on the fairness of the presentation of management's description of the service organization's system and the suitability of the design and operating effectiveness of the controls to achieve the related control objectives included in the description throughout a specified period. (Auditor conducts testing) 2. SOC 2 —A report on controls that may be relevant to security, availability, processing Integrity, confidentiality or privacy. These reports are intended to meet the needs of a broad range of users that need detailed information and assurance about the controls at a service organization relevant to security, availability, and processing integrity of the systems the service organization uses to process users' data and the confidentiality and privacy of the information processed by these systems. These reports can play an important role in: • Oversight of the organization • Vendor management programs • Internal corporate governance and risk management processes • Regulatory oversight ➢ Type 1 Report - Report on the fairness of the presentation of management's description of the service organization's system and the suitability of the design of the controls to achieve the related control objectives included in the description as of a specified date. ➢ Type 2 Report - Report on the fairness of the presentation of management's description of the service organization's system and the suitability of the design and operating effectiveness of the controls to achieve the related control objectives included in the description throughout a specified period. (Auditor conducts testing) 4 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#' C._ HZ469 Of 863 PART IV: REPORT SUBMISSION 1. Copies of single audit reporting packages for state financial assistance (CSFA) and federal financial assistance (CFDA) conducted in accordance with 2 CFR § 200.512 and section 215.97(2), Florida Statutes, shall be submitted by or on behalf of recipient directly to: A. The Department of Health as follows: SingleAu its -fl ealt .gov Pursuant to 2 CFR § 200.521, and section 215.97(2), Florida Statutes, recipient shall submit an electronic copy of the reporting package and any management letter issued by the auditor to the Department of Health. Audits must be submitted in accordance with the instructions set forth in Exhibit 3 hereto and accompanied by the "Single Audit Data Collection Form, Exhibit 4." Files which exceed electronic email capacity may be submitted on a CD or other electronic storage medium and mailed to: Florida Department of Health Bureau of Finance &Accounting Attention: FCAM, Single Audit Review 4052 Bald Cypress Way, Bin B01 Tallahassee, FL 32399-1701. B. The Auditor General's Office as follows: One electronic copy email by or on behalf of recipient directly to the Auditor General's Office at: flaugen localgovt aau .state.fl.us. One paper copy mail to: Auditor General's Office Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 2. In addition to item 1, electronic copies of reporting packages for federal financial assistance (CFDA) conducted in accordance with 2 CFR § 200.512 shall also be submitted by or on behalf of recipient directly to each of the following: A. The Federal Audit Clearinghouse (FAC), the Internet Data Entry System (IDES) is the place to submit the Federal single audit reporting package, including form SF-SAC, for Federal programs. Single audit submission is required under the Single Audit Act of 1984 (amended in 1996) and 2 CFR § 200.36 and § 200.512. The Federal Audit Clearinghouse requires electronic submissions as the only accepted method for report compliances. FAC's website address is: ttps:H arvester.census.gov/facweb/ B. When applicable, other Federal agencies and pass-through entities in accordance with 2 CFR§200.331 and § 200.517. 3. Copies of SSAE18 reports and supporting documents shall be submitted by or on behalf of SO/Third Party Administrator directly to the FDOH designated Contract Manager(CM) as outlined in each SO contract agreement. Note: Any reports,management letter,or other information required to be submitted to the Department of Health pursuant to this contract shall be submitted timely in accordance with 2 CFR§ 200.512 and Florida Statutes, Chapter 10.550(local governmental entities)or Chapter 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. Recipients,when submitting financial reporting packages to the Department of Health for audits done in accordance with 2 CFR§ 500.512 or Chapter 10.550(local governmental entities)or Chapter 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to recipient in correspondence accompanying the reporting package. 5 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#: COLJZ4 270 Of 863 PART V: RECORD RETENTION Recipient shall retain sufficient records demonstrating its compliance with the terms of this contract for a period of six years from the date the audit report is issued and shall allow the Department of Health or its designee, the CFO, or the Auditor General access to such records upon request. Recipient shall ensure that audit working papers are made available to the Department of Health, or its designee, CFO, or Auditor General upon request for a period of six years from the date the audit report is issued, unless extended in writing by the Department of Health. End of Text 6 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#: COLJZ4 27 Of 863 EXHIBIT 1 Contract#: COHZ4 Federal Award Identification#: 1. FEDERAL RESOURCES AWARDED TO THE SUBRECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Agency 1 Centers for Disease Control and Prevention CFDA#93.991 Title Fluoridation Prosect $150,000.00 Federal Agency 2 CFDA# Title $ TOTAL FEDERAL AWARDS $150,000.00 COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: 2. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: State financial assistance subject to section 215.97, Florida Statutes: CSFA# Title State financial assistance subject to section 215.97, Florida Statutes: CSFA# Title TOTAL STATE FINANCIAL ASSISTANCE AWARDED PURSUANT TO SECTION 215.97, FLORIDA STATUTES COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Financial assistance not subject(exempt)to section 215.97, Florida Statutes or 2 CFR§200.40: $ Financial assistance not subject(exempt)to section 215.97, Florida Statutes or 2 CFR§200.40: $ Matching and Maintenance of Effort" Matching resources for federal Agency(s): Agency: CFDA# Title $ Maintenance of Effort(MOE): Agency: CFDA# Title $ "Matching Resources, MOE, and Financial Assistance not subject to section 215.97, Florida Statutes or 2 CFR§200.306 amounts should not be included by recipient when computing the threshold for single audit requirements totals. However, these amounts could be included under notes in the financial audit or footnoted in the Schedule of Expenditures of Federal Awards and State Financial Assistance (SEFA). Matching, MOE, and Financial Assistance not subject to section. 215.97, Florida Statutes or 2 CFR§200.306 is not considered State or Federal Assistance. 7 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#: COLJZ4 O 272 Of 863 EXHIBIT 2 PART I: AUDIT RELATIONSHIP DETERMINATION Recipients who receive state or federal resources mayor may not be subject to the audit requirements of 2 CFR§200.500, and/or section 215.97, Florida Statutes, recipients who are determined to be recipients or subrecipients of federal awards and/or state financial assistance may be subject to the audit requirements if the audit threshold requirements set forth in Part I and/or Part II of Exhibit 1 is met. Recipients who have been determined to be vendors are not subject to the audit requirements of 2 CFR§200.501, and/or section 215.97, Florida Statutes. Recipients who are"higher education entities" as defined in Section 215.97(2)(h), Florida Statutes, and are recipients or subrecipients of state financial assistance, are also exempt from the audit requirements of Section 215.97(2)(a), Florida Statutes. Regardless of whether the audit requirements are met, recipients who have been determined to be recipients or subrecipients of Federal awards and/or state financial assistance must comply with applicable programmatic and fiscal compliance requirements. For the purpose of single audit compliance requirements, the Recipient has been determined to be: Vendor/Contractor not subject to 2 CFR§ 200.501 and/or section 215.97,Florida Statutes X Recipient/subrecipient subject to 2 CFR§200.501 and/or section 215.97,Florida Statutes Exempt organization not subject to 2 CFR § 200.501; For Federal awards for-profit subrecipient organizations are exempt as specified in 2 CFR§ 200.501(h). Exempt organization not subject to section 215.97,Florida Statutes, for state financial assistance projects, public universities, community colleges, district school boards, branches of state (Florida) government, and charter schools are exempt. Exempt organizations must comply with all compliance requirements set forth within the contract. For other audit requirements, the Recipient has been determined to be: Service Organization(SO) subject to SSAE18 reporting requirements NOTE: If a recipient is determined to be a recipient/subrecipient of federal and or state financial assistance and has been approved by the department to subcontract,it must comply with section 215.97(7),Florida Statutes,and Florida Administrative Code Rule 69I-.5006, [state financial assistance] and 2 CFR§200.330 [federal awards]. PART II: FISCAL COMPLIANCE REQUIREMENTS FEDERAL AWARDS OR STATE MATCHING FUNDS ON FEDERAL AWARDS. Recipients who receive Federal awards, state maintenance of effort funds, or state matching funds on Federal awards and who are determined to be a subrecipient must comply with the following fiscal laws, rules and regulations: 1. 2 CFR Part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards 2. Reference Guide for State Expenditures 3. Other fiscal requirements set forth in program laws,rules, and regulations *Some Federal programs may be exempted from compliance with the Cost Principles Circulars as noted in the 2 CFR§200.401(5) (c). **For funding passed through U.S. Health and Human Services, 45 CFR Part 92; for funding passed through U.S. Department of Education, 34 CFR Part 80. STATE FINANCIAL ASSISTANCE. Recipients who receive state financial assistance and who are determined to be a recipient/subrecipient must comply with the following fiscal laws, rules and regulations: 1. Section 215.97, Florida Statutes 2. Florida Administrative Code Chapter 691-5, 3. State Projects Compliance Supplement 4. Reference Guide for State Expenditures 5. Other fiscal requirements set forth in program laws, rules and regulations This document may be obtained online through the FlHealth website under Audit Guidance. *Enumeration of laws, rules and regulations herein is not exhaustive or exclusive. Funding to recipients will be held to applicable legal requirements whether or not outlined herein. End of Text 8 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#: COLJZ4 O 273 Of 863 EXHIBIT 3 INSTRUCTIONS FOR ELECTRONIC SUBMISSION OF SINGLE AUDIT REPORTS Part I: Submission to FDOH Single Audit reporting packages ("SARP") must be submitted to the Department in an electronic format. This change will eliminate the need to submit multiple copies of the reporting package to the Contract Managers and various sections within the Department and will result in efficiencies and cost savings to recipient and the Department. Upon receipt, the SARP's will be posted to a secure server and accessible to Department staff. The electronic copy of the SARP should: ➢ Be in a Portable Document Format(PDF). ➢ Include the appropriate letterhead and signatures in the reports and management letters. Be a single document. However, if the financial audit is issued separately from the Single Audit reports, the financial audit reporting package may be submitted as a single document and the Single Audit reports may be submitted as a single document. Documents which exceed 8 megabytes (MB) may be stored on a CD and mailed to: Bureau of Finance&Accounting,Attention: FCAM, Single Audit Review,4052 Bald Cypress Way, Bin B01 (HAFA), Tallahassee, FL 32399-1701. ➢ Be an exact copy of the final, signed SARP provided by the Independent Audit firm. ➢ Not have security settings applied to the electronic file. ➢ Be named using the following convention: [fiscal year] [name of the audited entity exactly as stated within the audit report].pdf. For example, if the SARP is for the 2016-17 fiscal year for the City of Gainesville, the document should be entitled 2016 City of Gainesville.pdf. ➢ Be accompanied by the attached "Single Audit Data Collection Form." This document is necessary to ensure that communications related to SARP issues are directed to the appropriate individual(s) and that compliance with Single Audit requirements is properly captured. Questions regarding electronic submissions may be submitted via e-mail to Sinleuits flealt . ov or by telephone to the Single Audit Review Section at(850)245-4185. Part II: Submission to Federal Audit Clearinghouse Click Here for instructions and guidance to submit the completed SF-SAC report to the Federal Audit Clearinghouse website or click Here to access the SF-SAC Worksheet&Single Audit Component Checklist Form. Part III: Submission to Florida Auditor General Click Here for questions and other instructions for submitting Single SAC reports to the State of Florida, Auditor General's Office 9 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#: COLJZ4 O 274 Of 863 EXHIBIT 4 Single Audit Data Collection Form Part 1:GENERAL INFORMATION 1. Fiscal period ending date for the Single Audit. 2. Auditee Identification Number a. Primary Employer Identification Number(EIN) Month Day Year b. Are multiple EINs covered in this report Yes No c. If"yes",complete No.3. 3. ADDITIONAL ENTITIES COVERED IN THIS REPORT Employer Identification# Name of Entity 4. AUDITEE INFORMATON 5. PRIMARY AUDITOR INFORMATION a. Auditee name: a. Primary auditor name: Auditee Primary DUNS#: b. Auditee address(number and street) b. Primary auditor address(number and street) City City State Zip Code State Zip Code c. Auditee contact c. Primary auditor contact Name: Name: Title: Title: d. Auditee contact telephone d. Primary auditor contact telephone e. Auditee contact FAX e. Primary auditor E-mail f. Auditee contact E-mail f. Audit Firm License Number 6. AUDITEE CERTIFICATION STATEMENT—This is to certify that,to the best of AUDITEE CERTIFICATION Date my knowledge and belief,the auditee has:(1)engaged an auditor to perform an audit in accordance with the provisions of 2 CFR§200.512 and/or section Date Audit Received from 215.97,Florida Statutes,for the period described in Item 1;(2)the auditor has -- completed such audit and presented a signed audit report which states that the audit was conducted in accordance with the aforementioned Circular and/or Name of Certifying Official: Statute;(3)the attached audit is a true and accurate copy of the final audit (Please print clearly) report issued by the auditor for the period described in Item 1;and(4)the Title of Certifying Official: information included in this data collection form is accurate and complete. I (Please print clearly) declare the foregoing is true and correct. Signature of Certifying Official: 10 Revised 02.01.2019 FDOH,Division of Administration-Federal Compliance and Audit Management Section Contract#: COLJZ4 O 275 Of 863 Contract# COHZ4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION CONTRACTS /SUBCONTRACTS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register(52 Fed. Reg., pages 20360-20369). INSTRUCTIONS 1. Each provider whose contract/subcontract contains federal monies or state matching funds must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. DOH cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the contract manager at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred", "suspended", "ineligible", "person", "principal", and "voluntarily excluded", as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the contract manager for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will consist of federal monies, to submit a signed copy of this certification. 7. The Department of Health may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the contract manager's file. Subcontractor's certifications must be kept at the contractor's business location. CERTIFICATION (1) The prospective provider certifies, by signing this certification, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. (2) Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Name: Title: Signature: Date: (3) By initialing, the Contract Manager certifies that the prospective provider does not have an active exclusion record in the System for Award Management (SA } database. Initials: Verification Date: 07/16 Memorandum of Negotiation On a meeting was held between the Department of Health and City of Boynton Beach: Representing the Department of Health: Name: Position: Shannon Harp Fluoridation Coordinator Representing City of Boynton Beach Provider name Name: Position: Joe Paterniti Utilities Director This session is for the purpose of negotiating a contract for the following services: Purchasing equipment and services necessary to upgrade the City of Boynton Beach's community water fluoridation system. Terms and Conditions Discussed: Standard Contract reviewed: Task, deliverables, performance measures and financial consequences reviewed: Funding reviewed: Department Representative: Signature: Date: Revised 7/2017 Contract# COHZ4 Page 277 of 863 Table 4.1: UPDATED-Cost Estimate for Boynton Beach Fluoridation Systems Fluoridation System for: City of Boynton Beach,Florida Water System Name: City of Boynton Beach Water System Identification#: 4500145-01&4500145-02 Plant Names:East WTP Address: 124 E.Woolbright Rd,Boynton Beach,FL 33435 West WTP Address: 5469 W.Boynton Beach Blvd.Boynton Beach,FL 33437 Plant Capacity: 24 MGD East WTP Average daily Flow Rate:14 MGD Combined 8.7 MGD West WTP Natural Fluoride Level: 0.14 mg/L Qty. Equipment Type/Size Manufacture/Model# Item Price Allowable East WTP Costs 2 3900-gallon HDPE Bulk Tank $34,000.00 Grant $17,000.00 2 SS Bulk Tanks Fasteners(Bracket,Cable,Hook&Turnbuckle) $6,000.00 Grant $3,000.00 2 60 gallon HDPE Day Tank $1,400.00 Grant $700.00 2 Chemical Metering Pump Skids(Loc Pump) $40,000.00 BB $20,000.00 4 Sump Pump $4,000.00 BB $2,000.00 2 Scale(Force Flow) $8,000.00 Grant $4,000.00 2 Exhaust Fan/Louver $4,000.00 BB $2,000.00 4 Ultrasonic Level(Miltronic Hydroranger) $10,400.00 Grant $5,200.00 4 Level Switch $1,500.00 Grant $750.00 2 Fluoride Prefab Building Concrete $50,000.00 Grant $25,000.00 2 Basket Strainer(CPVC) $5,800.00 Grant $2,900.00 1 East WTPs Mechanical Piping $30,000.00 Grant $30,000.00 1 West WTPs Mechanical Piping $25,000.00 Grant $0.00 2 Fill Control Panel $10,000.00 Grant $5,000.00 2 East and West WTP Fluoride Monitor System $17,000.00 Grant $8,500.00 2 Safety Cabinet $3,000.00 Grant $1,500.00 4 Emergency Eyewash Showers $17,200.00 Grant $8,600.00 Subtotal $267,300.00 Grant $127,550.00 Materials Lot West WTP Cont Basin Pedestal Forms&Materials $3,500.00 Grant 0 Lot West WTP Bulk Tank Pedestal Cast In Place Concrete $2,000.00 Grant 0 Lot East WTP-Containment Basin Form&Materials $6,100.00 Grant $6,100.00 Lot East WTP-Containment Basin Cast In Place Concrete $9,300.00 Grant $9,300.00 Lot East and West WTP Equipment Grout Bases $1,200.00 Grant $1,200.00 Lot East WTP Fluoride Bld-Form&Materials $1,200.00 Grant $1,200.00 Lot East WTP Fluoride Bld-Cast In Place Concrete $1,600.00 Grant $1,600.00 Lot Miscellaneous Metals $14,000.00 Grant $7,000.00 Lots Containment Coating $20,000.00 Grant $10,000.00 Lot General Coatings $6,000.00 Grant $3,000.00 Lot ISigns&Labels $3,000.00 Grant $1,500.00 Lot Stone/Fill $2,400.00 Grant $1,200.00 Subtotal $70,300.00 Grant $42,100.00 Page 278 of 863 Table 4.1: UPDATED-Cost Estimate for Boynton Beach Fluoridation Systems Installation Contractors General Conditions $82,000.00 BB $41,000.00 Concrete Testing Services $3,300.00 BB $1,650.00 Equipment Installation $30,000.00 BB $15,000.00 Exhaust Fan Install $3,000.00 BB $1,500.00 Startup(Manufacturer) $8,000.00 BB $4,000.00 I&C Installation $6,000.00 BB $3,000.00 Programming $20,000.00 BB $10,000.00 Concrete Core of Walls $2,400.00 BB $1,200.00 West WTP-Demo Old Equipment $7,500.00 BB 0 West WTP Concrete Cutting $1,400.00 BB 0 West WTP Cont Basin Remove Concrete $3,000.00 BB 0 West WTP Basin Prep New Pedestal $1,500.00 BB 0 West WTP Concrete Installation $9,000.00 BB 0 Grout Installation $6,000.00 BB $6,000.00 East WTP-Containment Basin Prep Site $7,500.00 BB $7,500.00 East WTP-Containment Basin Construction $30,000.00 BB $30,000.00 Fluoride Bld-Prep Site $9,000.00 BB $4,500.00 Fluoride Buildings Installations $15,000.00 BB $7,500.00 East WTP Install Clean Fill&Level Area $1,500.00 BB $1,500.00 East WTP-Trenching and Backfilling $4,500.00 BB $4,500.00 West WTP-Trenching and Backfilling $1,500.00 BB 0 Misc Metal Installation $15,000.00 BB $7,500.00 Coating Installation $15,000.00 BB $7,500.00 Containment Coating Installation $34,000.00 BB $17,000.00 Mechanical Installation $30,000.00 BB $15,000.00 Electrical Installation $112,000.00 BB $56,000.00 Site Restoration $12,000.00 BB $6,000.00 Construction equipment and tools $5,200.00 BB $2,600.00 Bonds and Insurance $16,300.00 BB $8,150.00 Subtotal $491,600.00 BB $258,600.00 Equipment,Materials,and Installation Subtotal $829,200.00 $428,250.00 Subtract Tax and contractor markup $137,277.46 $70,898.54 Equipment,Materials,and Installation Subtotal(minus tax and markup)factor=0.83444593 $691,922.54 $357,351.46 Engineering Fee(Up to 15%Equipment and Installation Subtotalwithout tax&markup) $103,788.38 Grant $53,602.72 Engineering Fee(Boynton Beach) $44,412.00 BB $22,937.09 Chemical(fluoride supply for one year based on average MGD flow) Hydrofluosilicic(HSF)Acid(23%)$1.98/gallon $25,500.00 Grant $12,750.00 Total Project $1,002,900.38 $517,539.81 Grant Total $466,888.38 $212,002.72 Boynton Beach Total $536,012.00 $305,537.09 Page 279 of 863 6.F. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Legal expenses for March 2020 provided at the request of the City Commission. No action required. Explanation of Request: Most recent invoices for outside counsel through Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment Goren Cherof Doody & Ezrol March 2020 Risk I nvoices D Attachment Goren Cherof Doody & Ezrol March 2020 1 nvoices D Attachment Outside counsel March 2020 1 mioices D Attachment Outside Counsel March 2020 2nd I mioice Page 280 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905022 Suite 101 STATEMENT NO: 30751 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim#001470000352PP HOURS 03/05/2020 TAD Receipt and review of correspondence from plaintiff re: status of payment. Prepare correspondence re: same. 0.20 03/10/2020 TAD Receipt and review of correspondence from plaintiff and officer counsel re: settlement. 0.20 03/13/2020 TAD Prepare correspondence to City re: settlement proceeds. Receipt of response to same. Telephone conference with adjuster re: settlement. 0.30 03/16/2020 IR Receipt and review of email from Judge Altman regarding hearing set for March 13, 2020 at 9:30a.m. regarding status of this civil litigation; receipt and review of paperless orders entered by the Court this date, following this morning's special set status conference; preparation of tickler to confirm case was closed by March 24, 2020; 0.60 TAD Confer with plaintiff re: hearing. Prepare correspondence to court re: hearing. Receipt of notice of settlement. Receipt of correspondence from officer counsel re: issues with Notice. Prepare correspondence re: same. Telephone conference with Court re: settlement. Receipt of order closing case from court. 1.40 03/17/2020 TAD Receipt and review of correspondence from court re: order closing case. Receipt of additional correspondence from clerk re: settlement and dismissal. Receipt of correspondence re: settlement proceeds. 0.40 03/18/2020 IR Receipt and review of filings with the United States District Court, Southern District of Florida, Fort Lauderdale Division, of Plaintiffs Notice of Filing Joint Settlement Agreement; receipt and review of filings with the United States District Court, Southern District of Florida, Fort Lauderdale Division, of Plaintiff's Notice of Settlement/ DE 158; preparation of email to litigation team regarding settlement funds as well as conference with firm administrator pertaining to same; receipt and review of two additional court filings before end of business; 0.80 03/19/2020 TAD Receipt and review of correspondence re: settlement proceeds. Telephone conference with Plaintiff re: same. 0.40 03/20/2020 TAD Receipt and review of correspondence from plaintiff re: settlement. Receipt Page 281 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905022 STATEMENT NO: 30751 adv. Jean-Baptiste, Kevens HOURS of correspondence from court re: minutes. Prepare correspondence to adjuster re: settlement and receipt of response to same. 0.50 03/23/2020 TAD Receipt and review of correspondence re: settlement from adjuster. Prepare correspondence to plaintiff re: settlement. Receipt of response to same. Prepare second correspondence to Plaintiff re: settlement and dismissal. 0.40 FOR CURRENT SERVICES RENDERED 5.20 954.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.40 $125.00 $175.00 TRACEY A. DECARLO 3.80 205.00 779.00 TOTAL CURRENT WORK 954.00 BALANCE DUE $954.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 282 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905029 Suite 101 STATEMENT NO: 30752 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim#001470000245GB HOURS 03/24/2020 TAD Receipt and review of correspondence re: status of appeal. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 283 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905098 Suite 101 STATEMENT NO: 30753 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim#00 1 470000367AB HOURS 03/02/2020 TAD Receipt and review of correspondence re: hearing and prepare response to same. Receipt of response to plaintiff's motion. Prepare correspondence to City re: response and hearing. 0.50 03/04/2020 TAD Telephone conference with plaintiff counsel re: hearing. Prepare correspondence to City re: same. Receipt of response. Receipt of correspondence from adjuster re: medicare information. Prepare correspondence to plaintiff re: same. Receipt of response and document. Prepare correspondence to adjuster re: information from plaintiff and receipt of response to same. Review information and motion from plaintiff re: hearing. 1.30 03/05/2020 TAD Confer with Brit counsel re: plaintiff motion. Confer with Plaintiff re: medicare information needed. Attend hearing on motion to add insurance company to judgment. 3.90 03/09/2020 TAD Receipt and review of correspondence re: hearing. Prepare response to same. 0.30 03/13/2020 TAD Receipt and review of correspondence from plaintiff re: lien letter. Receipt of letter. Prepare correspondence to City and adjuster re: same. Receipt of correspondence from City re: settlement. Prepare additional correspondence to adjuster and receipt of response to same. 0.50 03/17/2020 TAD Telephone conference with Plaintiff. Receipt of correspondence from adjuster re: settlement. Prepare correspondence with information on settlement. 0.60 03/18/2020 TAD Receipt and review of correspondence from adjuster re: status. Confer with Plaintiff counsel re: same. Receipt of correspondence from plaintiff re: settlement. 0.40 03/19/2020 TAD Receipt and review of correspondence re: settlement proceeds. Confer with Plaintiff counsel re: same. 0.30 03/20/2020 TAD Receipt and review of correspondence re:judgment payments. Prepare correspondence to plaintiff re: same. 0.20 Page 284 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905098 STATEMENT NO: 30753 adv. Venegas, Jesusa HOURS FOR CURRENT SERVICES RENDERED 8.00 1,640.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 8.00 $205.00 $1,640.00 03/05/2020 Parking - TAD 8.00 Parking - 8.00 TOTAL ADVANCES THRU 03/31/2020 8.00 TOTAL CURRENT WORK 1,648.00 BALANCE DUE $1,648.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 285 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905171 Suite 101 STATEMENT NO: 30754 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim#001470000400P1 HOURS 03/26/2020 TAD Review Amended Complaint and notes of deposition. Review status of discovery. Prepare request for production to Plaintiffs. 2.60 03/27/2020 TAD Receipt and review of case law re: plaintiffs claims. Prepare outline of same for motion/report. Review Hart employment history re: motion. 3.30 03/30/2020 TAD Revise request for production to plaintiffs to include additional requests. 0.80 FOR CURRENT SERVICES RENDERED 6.70 1,373.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 6.70 $205.00 $1,373.50 TOTAL CURRENT WORK 1,373.50 BALANCE DUE $1,373.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 286 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905190 Suite 101 STATEMENT NO: 30755 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim#001470-000396-AB-01 HOURS 03/02/2020 GB Continued drafting Tristar Report. 0.90 03/03/2020 GB Continued drafting Tristar Initial Report. Legal Research regarding negligent retention and negligent supervision. 2.40 03/04/2020 GB Continued drafting Tristar Initial Report and legal research regarding Plaintiff's causes of action 0.90 IR Receipt and review of project related to City of Boynton Beach Police Department sets of employees' personnel records; preparation of breakdown of PDF'd records, into the order same was received from the client's Human Resources' department, for use during discovery and to cross-reference records from Plaintiff at upcoming depositions; preparation structural chart of records of witnesses, into summary of groups of records; prepared updates to Trial Witness and Subpoena Duces Tecum Tracking chart. 2.90 03/05/2020 IR Conferences with attorneys regarding the preparation of the breakdown of City of Boynton Beach's employees' personnel records and use of same, as the City's responses to discovery requests; receipt, review and outline of employee records entitled 'Compliments' from employee file, for use at upcoming depositions, which records consist summaries and set up/ structure regarding same; continuation to prepare summaries of first set of records, entitled 'Compliments' over 160 pages of records; 3.60 GB Research verdicts for Initial Tristar Report& continued drafting Initial Tristar Report. 4.60 03/06/2020 GB Reviewed investigation report of Officer Stephan and began summarizing his deposition. 3.20 IR Compile records of all training by City of Boynton Beach /Boynton Beach Police Departments' law enforcement personnel records ; cross-reference employee files with same date incidents, to ensure sets of records received during discovery, are not duplicative; preparation of updates to the City's Trial Witness and Subpoena Duces Tecum tracking chart, retrieving records from responsive discovery records, to be used at party depositions. 6.90 03/09/2020 IR Reviewed and prepared outline of fact witness statements, from City of Boynton Beach law enforcement personnel records; reviewed files of Page 287 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905190 STATEMENT NO: 30755 adv. Readon, Jayden, Estate of(police chase) HOURS compliments and evaluations; preparation of updates regarding potential trial fact and expert witness names, contact information and related, expected testimony regarding same; online review of court docket, to confirm status of discovery with City's pleadings; 6.80 03/10/2020 IR Received and reviewed of discovery records produced to the Estate of Jayden Readon's discovery requests, by co-defendant; review of corrective action files to be utilized by the City of Boynton Beach Police Department employees, at upcoming depositions; review and policies and procedures regarding Boynton Beach Police Department law enforcement personnel records, and updated Trial Witness and Subpoena Duces Tecum tracking chart, to be turned into trial subpoena chart. 5.40 03/11/2020 IR Reviewed and assembled E.A.R.'s and training files, of City of Boynton Beach Police Department employees' personnel files, for use at upcoming depositions; edited and updated Trial Subpoena and Trial Records Custodians to be called at trial, to be cross-referenced with the parties'trial witness and trial exhibits disclosures with the Court; reviewed and updated Trial Witness and Subpoena Duces Tecum tracking chart. 6.80 03/12/2020 IR Cross-reference of materials received during discovery, for upcoming depositions; received witness statements, including witnesses' respective contact information and their last known addresses, for service of process at upcoming depositions; prepared outline of witness statements and their respective personnel records, for use at trial; updates to City of Boynton Beach Police Department trial witness and subpoena duces tecum tracking chart, to note records received and additional trial witnesses, from information gleaned from personnel records; 5.70 GB Emails with TAD & attorney Kaufer regarding hiring John Peters, expert witness on police policies. Drafted letter to City requesting approval to hire Mr. Peters. 1.10 03/16/2020 GB Reviewed Jean Baptiste file for expert John Peter's CV and fee schedule. Email with attorney for Officer Sohn regarding John Peters. Edited letter to City regarding approval for expert witness. Meeting with TAD regarding Tristar Report. 0.90 IR Receipt, reviewed and prepared outline of internal affairs records, related to employee personnel records with the City of Boynton Beach, from the dates of hire of the employee through the date of filing of the Complaint, filed in this litigation; reviewed statements made by rank and file of Boynton Beach Police Department relating to employment records; prepared status email to attorneys regarding date expected to finalize personnel file summaries this week; 5.80 TAD Confer with GB re: police expert. Review correspondence from officer counsel re: same. Receipt of information on expert and review claims. Review correspondence to City re: expert issues. 0.60 03/17/2020 IR Preparation of trial outlines for City of Boynton Beach /Boynton Beach Police Department personnel records, specificlaly realtign to evalution for use at trial; reviewed documents from 2001, 2002 and 2003 when co-defendant applied to the City of Boynton Beach Police Department, as a law enforcement officer; 3.70 03/18/2020 IR Compile witness statements from the City of Boynton Beach Police Department; cross-reference of witness statements and related documents Page 288 of 863 Page: 3 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905190 STATEMENT NO: 30755 adv. Readon, Jayden, Estate of(police chase) HOURS with the parties' previously responded to Request for Production records; preparation of outline of noted any duplication sets of records by the parties' to streamline for upcoming depositions and potential motions to be filed regarding same, by the City; prepared updates to the City's Trial Witness and Subpoena Duces tecum tracking chart, regarding same; 5.40 03/20/2020 IR Preparation of outline, regarding the City's personnel records related to performance reviews of trial witnesses and party witnesses; updated the City's exhibits list, for use at trial, specifically related to law enforcement personnel and outlined files, including redacted records; online review of trial witnesses' information, not specifically listed or otherwise received during discovery, for service of process of trial fact witnesses; updated master tracking chart of the City of Boynton Beach's trial witness and subpoena duces tecum tracking chart; 3.10 03/23/2020 TAD Receipt and review of information on expert. Confer with GB re: claim and expert review. Review case law re: proof required to support claims re: expert review and analysis. 0.90 GB Telephone conference call with TAD regarding expert witness 0.20 03/24/2020 IR Receipt and review multiple outlines of relevant to trial witness summaries; drafted updated information, as gleaned from employee personnel files, to confirm each anticipated trial witness, for use at upcoming depositions; compiled further information related to the City's co-defendant, Sohn, regarding his over 18 years of employment at the City of Boynton Beach Police Department; confirmed discovery information received has not been redundant with other discovery previously received up to this date; 4.10 03/26/2020 IR Assembled records received from the City of Boynton Beach's regarding employee investigations and the outcome of same, which included the law enforcement Internal Affairs' Bureau investigations of co-defendant and other related records, including the outcome of same; preparation of email to GB regarding status of project and retrieval of further personnel records, to be included as potentially to be produced by the City of Boynton Beach's discovery responses, and for the use of an police policy and procedures expert, to be hired by the City of Boynton Beach for trial; 4.20 GB Telephone conference call with Dr. John Peters regarding expert witness. Email to Ingrid regarding Sohn's Personnel Flle summary. Edits to letter to City regarding Dr. Peters. Reviewed Officer Sohn's personnel file summary; edits and continued drafting tristar report. 2.60 03/27/2020 GB Continued drafting on tristar report. 0.80 03/30/2020 IR Receipt and review of internal City files; prepared memorandum regarding trial witnesses and potential documents, to be turned into trial exhibits on the City's behalf; prepared outline of performance improvement records, that pertain to the City's co-defendant, Sohn; received and reviewed additional statements taken of Boynton Beach officers regarding the defendants, to be utilized at the upcoming depositions; reviewed and reviewed memoranda regarding summary of discovery records; preparation of email to GB regarding discovery status updates; 3.20 GB Emails with TAD regarding letter to City about expert witness and sent letter to City regarding expert witness. 0.40 03/31/2020 GB Telephone Conference with TAD regarding expert witness and email to Page 289 of 863 Page: 4 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905190 STATEMENT NO: 30755 adv. Readon, Jayden, Estate of(police chase) HOURS attorney, Stephanie Kaufer regarding expert witness. 0.30 TAD Receipt and review of correspondence re: expert. Confer with GB re: same. 0.20 FOR CURRENT SERVICES RENDERED 87.60 12,550.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 18.30 $205.00 $3,751.50 INGRID RIERA 67.60 125.00 8,450.00 TRACEY A. DECARLO 1.70 205.00 348.50 Photocopies 17.50 TOTAL EXPENSES THRU 03/31/2020 17.50 TOTAL CURRENT WORK 12,567.50 BALANCE DUE $12,567.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 290 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905214 Suite 101 STATEMENT NO: 30756 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Alicea, Linda, Luis, Amanda (auto accident) Billing Category: 18- RLO Claim#0014710-000406-AB-01/02/03 HOURS 03/24/2020 TAD Receipt and review of correspondence re: status of claim investigation. Review information on injuries and prior demands. Receipt of loss report. 0.40 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.40 $205.00 $82.00 Photocopies 4.55 TOTAL EXPENSES THRU 03/31/2020 4.55 TOTAL CURRENT WORK 86.55 BALANCE DUE $86.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 291 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905216 Suite 101 STATEMENT NO: 30757 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18- RLO Claim#001470000410EP HOURS 03/01/2020 GB Reviewed argument for Motion to Dismiss hearing. Reviewed case law, Plaintiff's response to Motion and outline for argument. 1.10 03/02/2020 GB Attended Motion to Dismiss hearing. 3.90 IR Receipt and review of Judge Scott Kerner's Order Denying the City of Boynton Beach's Motion to Dismiss, with new court-ordered deadline for the City to file its Answer and Affirmative Defenses to Counts II and III of Plaintiff's Amended Complaint; preparation of ticklers for March 18 and March 23, 2020, regarding same; 0.40 03/03/2020 GB Continued drafting Motion in Limine of Tom Wallace's testimony. Scheduled Motion to Compel hearing & email to TAD regarding additional discovery. Drafted letter to Judge and put together a binder of relevant documents for the Judge for the Motion to Compel hearing & emails letter to opposing counsel. 3.90 TAD Receipt and review of correspondence re: motion to compel and prepare response to same. 0.10 03/04/2020 GB Meeting with TAD regarding strategy and Motion for Summary Judgment. 1.20 TAD Receipt and review of information re: motion to dismiss. Confer with GB re: same. Review report from Stock and information re: FFD evaluation and prepare for pre-deposition conference with same. 3.90 03/06/2020 TAD Receipt and review of reports reviewed by Dr. Stock re: preparation for pre-deposition conference and deposition. 2.40 03/09/2020 TAD Attend pre-deposition conference with Dr. Stock. Prepare correspondence to Stock re: additional records. Confer with GB re: Motion to Compel and Motion in Limine. Review correspondence re: discovery responses. 1.70 03/10/2020 GB Continued working on Tristar Report. Legal Research for Report. Continued summarizing and reading Officer Stephan's deposition. Emails with Plaintiff's Counsel regarding Motion to Compel hearing and Plaintiffs Responses to City's 2nd Request for Production. Reviewed Documents produced by Plaintiff in response to City's 2nd Request for Production. Telephone conference with Plaintiffs counsel regarding Agreed Order on City's Motion to Compel.Drafted and Filed Notice of Cancellation. Drafted Page 292 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905216 STATEMENT NO: 30757 adv. Ryan, Ronald (whistleblower PD) HOURS Agreed Order and sent to opposing counsel for approval. 4.40 TAD Receipt and review of amended complaint and prepare draft answer. Review additional case law re: same. Continue preparation for deposition of Stock. Review FFD guidelines re: same. 3.10 03/11/2020 GB Meeting with TAD regarding Plaintiff's documents in response to City's 2nd Request for Production. Drafted letter to Judge regarding Agreed Order on the City's Motion to Compel. Emails with Opposing counsel regarding Agreed Order on the City's Motion to Compel. 0.50 TAD Confer with GB re: plaintiff discovery responses and review same. Receipt of correspondence from plaintiff re: depositions. Prepare response to same. Receipt of correspondence from Stock re: deposition. Review CV re: deposition of Stock. Review case law re: claims for motion with GB. 2.40 03/12/2020 GB Reviewed documents produced by Plaintiffs counsel in response to City's 2nd Request for Production, request#3. 0.60 TAD Receipt and review of correspondence from Stock re: deposition. Review CV re: deposition. Attend deposition of Stock. Confer with Stock after deposition re: trial and opinions. Prepare correspondence to plaintiff re: additional depositions. 6.80 03/13/2020 GB Emails with Plaintiff's counsel regarding Plaintiff's Response to City's 2nd Request for Production. Read documents produced by Plaintiff in response to City's 2nd Request for Production. Continued reading City Manager's deposition for Motion in Limine. 1.30 TAD Prepare revisions to affirmative defenses to include additional defenses. Review deposition of City Manager and prepare outline of same re: motions and trial issues. 2.80 03/16/2020 GB Read Ryan's Deposition Transcript for Motion in Limine. Emails with opposing counsel regarding Motion to Compel discovery. Meeting with TAD regarding Motions in Limine. 2.00 03/17/2020 GB Continued reading Plaintiff's deposition transcript for Motion in Limine. 2.10 03/18/2020 GB Continued reviewing Plaintiffs deposition transcript for Motion in Limine. Legal research regarding hearsay evidence in whistle blower disclosures. 3.10 TAD Receipt and review of deposition of Feltgen and prepare outline of same for motions and trial. Review information from FDLE re: motions. 2.60 03/20/2020 GB Continued Legal Research for Hearsay evidence in whistleblower disclosure admissible 0.40 03/23/2020 TAD Receipt and review of report of doctor Goldschmit re: claims and report. 0.60 03/24/2020 GB Legal Research regarding whether whistle blower must have personal knowledge of claims in order to qualify as a protected disclosure under the statute 1.60 03/25/2020 GB Continued conducting legal Research regarding whether whistle blower must have personal knowledge of claims in order to qualify as a protected disclosure under the statute. Telephone Conference with TAD regarding research, Motion in Limine and Motion for Summary Judgment. 1.20 TAD Receipt and review of case law re: disclosures. Confer with GB re: motion for summary judgment. 0.30 Page 293 of 863 Page: 3 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905216 STATEMENT NO: 30757 adv. Ryan, Ronald (whistleblower PD) HOURS 03/26/2020 GB Legal Research regarding whether alleged disclosures qualify as protected disclosures under the statute &whether hearsay allegations are valid disclosures. 2.00 03/27/2020 TAD Receipt and review of correspondence from Dr. Cummings re: records. Review records and prepare outline re: same. Prepare correspondence to Dr. Cummings. Prepare correspondence to plaintiff re: production of additional records. 1.30 03/30/2020 GB Drafted Motion in Limine, Reviewed Ryan's Deposition Transcript, Stock's interim report, and Timeline. Email to TAD regarding Motion in Limine and Motion for Summary Judgment 1.30 03/31/2020 TAD Receipt and review of correspondence from court reporter re: depositions and prepare response to same. Receipt of deposition of Trejo and prepare outline of same re: trial and report. Receipt of deposition of Dr. Stock and prepare outline of same for trial and report. 3.80 GB Began drafting Motion in Limine. Reviewed Plaintiff's Deposition testimony and exhibits for Motion in Limine and Legal Research for Motion in Limine. 5.50 FOR CURRENT SERVICES RENDERED 68.30 13,969.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 36.10 $205.00 $7,400.50 INGRID RIERA 0.40 125.00 50.00 TRACEY A. DECARLO 31.80 205.00 6,519.00 Photocopies 68.95 TOTAL EXPENSES THRU 03/31/2020 68.95 03/06/2020 Harley V. Stock, Ph.D., P.A. - Forensic Evaluation 2,625.00 2,625.00 03/12/2020 Parking - TAD 8.00 Parking - 8.00 02/26/2020 Federal Express - Invoice 6-966-03413 16.38 03/03/2020 Federal Express - Invoice 6-966-03413 15.20 31.58 TOTAL ADVANCES THRU 03/31/2020 2,664.58 TOTAL CURRENT WORK 16,703.03 BALANCE DUE $16,703.03 Page 294 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905253 Suite 101 STATEMENT NO: 30758 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bolt, Barbara Dilger(MVA) Billing Category: 18- RLO Claim#00 1 470000422AB HOURS 03/02/2020 IR Receipt and review of emails between counsels'staff, regarding finalization of litigation; receipt and review of email from Judicial Assistant to Honorable Scott Kerner, regarding the parties'Joint Pretrial Stipulation, the parties proposed jury instructions, proposed jury verdict form, and other civil pretrial court filings, in advance of the Court's E-Calendar Call, which trial disclosures were due on February 14, 2020; reviewed email to Plaintiff's counsels' paralegal, advising their office to inform the Court of the parties' settlement of this litigation, and to please disregard any deadlines related to the Court's docket, set to commence February 24, 2020; online review of court docket, to check deadline dates, to ensure the Court had not entered a sua sponte order that the parties were in non-compliance with the trial docket, and confirm no sanctions had been entered against either party; 0.90 TAD Receipt and review of correspondence re: release. Revise release terms. Prepare correspondence re: same. Receipt of correspondence from Court re: trial setting. Prepare correspondence to plaintiff re: same. Receipt of correspondence from Court re: trial. Receipt of notice of settlement. 1.30 03/12/2020 TAD Receipt and review of correspondence from plaintiff re: lien letter/release. Receipt of letter. Prepare correspondence to adjuster re: same. 0.30 03/23/2020 TAD Receipt and review of correspondence from plaintiff. Telephone conference with plaintiff counsel re: release. Prepare motion to compel plaintiff to comply with the settlement. Prepare notice of hearing on same. Prepare correspondence to court re: hearing and proposed order to appear telephonically. 1.30 03/24/2020 IR Receipt and review of Memo Rejecting Proposed Order, on Defendant's City of Boynton Beach's Request for Counsel for the Parties to Appear Telephonically at the April 7, 2020, Hearing on Defendant's Motion to Compel Plaintiff to Compel with Settlement, tentatively scheduled for April 7, 2020 [no time listed in the Order, or the Court's Memo Rejecting Proposed Order of same]; prepared tickler to follow up in advance of hearing on Defendant's Motion to Compel and Notice of Hearing of same, currently set before the Court on April 7, 2020; 1.10 TAD Prepare notice of hearing on motion to compel. Prepare correspondence to court re: hearing and prepare proposed order. Receipt of order and correspondence from court. Prepare additional correspondence re: same. 0.80 Page 295 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905253 STATEMENT NO: 30758 adv. Bolt, Barbara Dilger(MVA) HOURS 03/26/2020 TAD Receipt and review of correspondence from court re: information for hearing. Prepare response to same. 0.20 03/30/2020 TAD Prepare correspondence to city re: status of release and motion to compel. Receipt of correspondence from court re: hearing. 0.20 FOR CURRENT SERVICES RENDERED 6.10 1,090.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.00 $125.00 $250.00 TRACEY A. DECARLO 4.10 205.00 840.50 Photocopies 3.85 TOTAL EXPENSES THRU 03/31/2020 3.85 TOTAL CURRENT WORK 1,094.35 BALANCE DUE $1,094.35 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 296 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905257 Suite 101 STATEMENT NO: 30759 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Basinski, Tricia (MVA garbage truck) Billing Category: 18- RLO Claim#001470-000422-AB-03 HOURS 03/02/2020 TAD Receipt and review of correspondence re: release document. Revise release and prepare correspondence re: same. Receipt of release from plaintiff. Prepare correspondence re: issues with same. 0.40 03/26/2020 TAD Receipt and review of correspondence re: release. Review release and W9. Prepare correspondence re: same. Receipt of correspondence from adjuster re: settlement. Prepare correspondence to plaintiff re: information needed. Telephone conference with plaintiff re: settlement. Prepare correspondence re: same. Receipt of correspondence from adjuster re: UM statement and settlement proceeds. 1.10 03/27/2020 TAD Receipt and review of correspondence re: settlement proceeds and prepare response to same. 0.10 03/30/2020 TAD Receipt and review of settlement proceeds. Prepare correspondence to claimant re: same. 0.20 FOR CURRENT SERVICES RENDERED 1.80 369.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.80 $205.00 $369.00 TOTAL CURRENT WORK 369.00 BALANCE DUE $369.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 297 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905306 Suite 101 STATEMENT NO: 30760 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Novick, James (MVA Public Works) Billing Category: 18- RLO Claim#00 1 470000439AB HOURS 03/11/2020 TAD Prepare correspondence to plaintiff re: dismissal and review response to same. Prepare stipulation and correspondence re: same. 0.60 03/17/2020 TAD Receipt and review of correspondence from court re: order. Review order of dismissal. Prepare correspondence to Court and plaintiff re: issues with order. 0.30 03/18/2020 TAD Prepare correspondence to court re: issues with order. Receipt of response to same. Prepare proposed order. Prepare correspondence to plaintiff re: same. Prepare correspondence to court re: same. IR Receipt and review of finalized Stipulation between the parties; receipt and review of Order Approving Stipulation and Order of Dismissal, entered by Honorable Lisa Small, who considered and approved said Stipulation and directed the Clerk of the Court to close this case; receipt and review of email from the City of Boynton Beach's office to the Court, advising of the 'with prejudice' verbiage entered in the court's March 17, 2020 ruling; receipt and review of email from Judge Small's Judicial Assistant regarding same; conference with litigation team regarding same; 0.70 03/20/2020 TAD Receipt and review of correspondence from adjuster re: status. Prepare response to same. 0.20 03/23/2020 TAD Receipt and review of correspondence re: release. Receipt of release. 0.20 03/26/2020 TAD Receipt and review of correspondence re: status of settlement. Prepare correspondence to plaintiff re: order. 0.20 FOR CURRENT SERVICES RENDERED 2.20 395.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.70 $125.00 $87.50 TRACEY A. DECARLO 1.50 205.00 307.50 TOTAL CURRENT WORK 395.00 Page 298 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905306 STATEMENT NO: 30760 adv. Novick, James (MVA Public Works) BALANCE DUE $395.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 299 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905323 Suite 101 STATEMENT NO: 30761 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Samad, Aboul and Samad, Sameera, as Parents and Natural Guardians of Raheel Samad, a Minor (broken concrete bench) Billing Category: 18- RLO Claim#19757938 HOURS 03/11/2020 TAD Receipt and review of plaintiff second request for production. Review records from City. Prepare correspondence re: additional documents required. Receipt of responses from City HR and parks re: discovery. 2.90 03/13/2020 TAD Revise response to request for production. Prepare correspondence to City re: same. Receipt of additional documents from Human Resources re: response to discovery. Receipt of correspondence from parks re: response to discovery. Prepare response to same. Receipt of additional records from Parks re: response. 3.50 03/16/2020 TAD Review additional documents from City and revise amended response to request for production to City. Prepare correspondence re: same. 0.60 03/31/2020 TAD Receipt and review of correspondence from plaintiff and mediator re: mediation. Prepare correspondence to City and receipt of response re: same. Prepare correspondence to mediator re: mediation. 0.30 FOR CURRENT SERVICES RENDERED 7.30 1,496.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 7.30 $205.00 $1,496.50 TOTAL CURRENT WORK 1,496.50 BALANCE DUE $1,496.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 300 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905336 Suite 101 STATEMENT NO: 30762 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Wright, Bernard (discrimination) Billing Category: 18- RLO Claim#001470000449EO HOURS 03/20/2020 TAD Review docket for status of appeal. Review information on ordinance from other municipalities re: information on ordinance. Review case law re: same. 1.30 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 301 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905344 Suite 101 STATEMENT NO: 30763 Boynton Beach FL 33426 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18- RLO Claim#001470000450EP HOURS 03/02/2020 GB Meeting with TAD regarding edits to Tristar Report 0.30 03/03/2020 GB Updated verdict Tristar Initial Report injuries portion. 0.40 TAD Receipt and review of plaintiff discovery responses; investigation and deposition of Plaintiff. Prepare outline for deposition of Kinser and documents for same. Prepare correspondence to plaintiff re: depositions and receipt of response to same. 2.80 03/04/2020 TAD Revise report to include additional information from Kinser deposition. Prepare budget for claim. 2.30 03/06/2020 TAD Attend deposition of Dean Kinser. Confer with Plaintiff re: discovery issues. Review additional damage issues and complete evaluation. 3.60 03/10/2020 TAD Prepare correspondence to adjuster re: report. Revise budget and report to include additional information. 0.90 03/12/2020 GB Began drafting motion for summary judgment; began reviewing Plaintiff's deposition transcript& documents produced by the City in discovery to use in Motion. Legal research regarding employer's knowledge for Motion. 2.40 IR Receipt and review of the Court's Order Setting Jury Trial and Directing Pretrial, Mediation and Jury Instructions Procedures, entered by the Court on 3.11.20; initial preparation of trial order outline, summarizing all court ordered deadlines, with tickjlers as upcoming reminders of said deadlines; 0.90 03/13/2020 GB Continued working on Motion for Summary Judgment and reviewing Plaintiff's deposition transcript, documents produced in the case, and Clemons' deposition transcript for Motion. 2.40 03/16/2020 GB Reviewed email from TAD and caselaw for Motion for Summary Judgment. 0.40 03/17/2020 GB Continued drafting Motion for Summary Judgement. Reviewing Plaintiffs Deposition; Clemons Deposition and documents produced in this lawsuit for Motion. 3.80 TAD Review information re: additional discovery and experts. 0.80 03/18/2020 GB Continued drafting Motion for Summary Judgment. Legal Research Page 302 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 30763 Brescia, Brandon (EEOC Complaint) HOURS regarding knowledge of decision maker. Continued reading Plaintiff's deposition transcript for Motion for Summary Judgment. 3.60 03/19/2020 TAD Receipt and review of correspondence from plaintiff re: mediation and prepare response to same. Receipt of additional correspondence from Plaintiff re: mediation. Prepare correspondence to city re: same and response to plaintiff. 0.60 GB Finished 1st draft of Motion for Summary Judgment 3.00 03/20/2020 TAD Receipt and review of correspondence from plaintiff re: mediation. Prepare correspondence to City re: mediation. Receipt of response to same. Receipt of notice of mediation. Prepare correspondence to City re: same. 0.40 03/23/2020 TAD Receipt and review of notice of mediation. 0.10 03/24/2020 GB Finalized 1st Draft of Motion for Summary Judgment and emailed same to TAD for review. 0.70 03/25/2020 TAD Receipt and review correspondence from plaintiff re: mediation and prepare response to same. Review information on alternative mediators. Prepare correspondence to plaintiff re: same. Confer with City re: mediation. Prepare additional correspondence re: same. Receipt of correspondence from mediator and prepare response to same. Receipt of correspondence from adjuster and city re: analysis. Receipt of additional correspondence from plaintiff re: mediation. Prepare response to same. 0.90 03/26/2020 IR Receipt and review of emails that pertain to the re-scheduling of Mediation; 0.30 TAD Receipt and review of notice of mediation. Prepare correspondence re: same. Prepare outline re: mediation issues. Prepare mediation statement. Review motion for summary judgment. Confer with GB re: same. 2.10 03/30/2020 TAD Review motion for summary judgment and memorandum of law and revise same. 1.20 03/31/2020 TAD Receipt and review of correspondence from court re: filing. Receipt of request for production to City. 0.20 GB Received and reviewed Plaintiff's Request for Production. 0.40 FOR CURRENT SERVICES RENDERED 34.50 6,976.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 17.40 $205.00 $3,567.00 INGRID RIERA 1.20 125.00 150.00 TRACEY A. DECARLO 15.90 205.00 3,259.50 Photocopies 84.70 TOTAL EXPENSES THRU 03/31/2020 84.70 TOTAL CURRENT WORK 7,061.20 Page 303 of 863 Page: 3 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905344 STATEMENT NO: 30763 Brescia, Brandon (EEOC Complaint) BALANCE DUE $7,061.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 304 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905369 Suite 101 STATEMENT NO: 30764 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18- RLO Claim#19754303 HOURS 03/02/2020 IR Preparation of updates to City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, to include their contact information, if they are called for deposition, or other discovery. 1.90 03/11/2020 GB Began responding to Plaintiffs first set of interrogatories by reviewing investigation file. 5.10 03/12/2020 GB Began responding to Plaintiffs 1st Request for Admission. Continued reading investigation 2018-05 and responding to Plaintiffs First Set Interrogatories. Began reviewing Plaintiff's personnel file to response to Plaintiff's First Set Interrogatories. 3.30 03/16/2020 GB Reviewed documents produced by the City and drafted response to interrogatories. 3.00 03/19/2020 GB Reviewed Plaintiffs Responses to City's 1st Set of Interrogatories & Request for Production. Added to Timeline accordingly. Emails with TAD regarding Plaintiffs Discovery. Reviewed the Interrogatories, Request for Production and Admissions served by Plaintiff. 1.90 03/20/2020 GB Continued working on Plaintiff's discovery requests to the City & compiling documents in response to Plaintiffs 1 st Request for Production to the City. Telephone Conference with TAD regarding discovery responses and amending affirmative defenses. Telephone Conference with EEOC regarding investigation. Amended Affirmative Defenses. Email with TAD regarding Amended Affirmative Defense. 1.60 TAD Receipt and review of correspondence re: discovery. Review discovery responses re: additional discovery. Confer with GB re: discovery issues. 0.80 03/23/2020 TAD Receipt and review of responses to request for admissions. Review case law re: objections. Prepare objections to request for admissions. Confer with GB re: discovery responses and additional discovery. 1.80 GB Telephone conference call with TAD regarding discovery. 0.20 03/24/2020 GB Continued drafted responses to City's responses to Plaintiffs first set of admissions, first set of interrogatories, and first set of admissions. Email with City regarding information and documents needed to discovery Page 305 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905369 STATEMENT NO: 30764 adv. Moyse, Roseline (RLO) HOURS responses. Telephone conference & Emails with TAD regarding City's responses to Plaintiff's first set of admissions, first set of interrogatories, and first set of admissions, plaintiffs deposition & Subpoena. Emails with opposing counsel regarding plaintiff's deposition. 2.90 TAD Receipt and review of correspondence re: discovery issues. Confer with GB re: same. 0.30 03/25/2020 GB Telephone conference call with TAD regarding Plaintiff's deposition and City's responses to Plaintiff's first set of discovery requests. Drafted Notice of Non Party Production. Telephone Conference with City regarding Plaintiff's information for Subpoena. Finished Drafting Supoena to Guardian Credit Union. 0.80 03/26/2020 GB Edits to Notice of Nonparty Subpoena and Subpoena DT to Guardian Credit Union and Emails with TAD regarding same. Drafted &filed Notice of Plaintiff's deposition. 0.50 IR Receipt, printed and reviewed of Plaintiff's discovery requests, which consist of her Request for Admissions, Request for Production and Interrogatories directed to the City of Boynton Beach; preparation of ticklers for follow up with litigation team and the client,to obtain requested documents that are not legally, or otherwise protected; online review of court docket, to ensure discovery requests received are same as discovery requests filed with the Court; 1.60 03/30/2020 IR Receipt and review of Notice of Taking Deposition of Plaintiff, Roseline Moyse, on May 5, 2020 at 10:00a.m. at Prestige Reporting; preparation of ticklers to prepare for same in advance; 0.40 GB Emails with TAD regarding Notice of Nonparty Subpoena. Edits to Notice and had Notice of Non party Subpoena filed and served. 0.40 FOR CURRENT SERVICES RENDERED 26.50 5,120.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 19.70 $205.00 $4,038.50 INGRID RIERA 3.90 125.00 487.50 TRACEY A. DECARLO 2.90 205.00 594.50 Photocopies 2.10 TOTAL EXPENSES THRU 03/31/2020 2.10 TOTAL CURRENT WORK 5,122.60 BALANCE DUE $5,122.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 306 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905375 Suite 101 STATEMENT NO: 30765 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18- RLO Claim#19757010 HOURS 03/19/2020 TAD Receipt and review of correspondence from adjuster re: status of claim. Receipt of correspondence from officer counsel re: status. 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 307 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905423 Suite 101 STATEMENT NO: 30766 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18- RLO Claim#19780873 HOURS 03/02/2020 TAD Prepare correspondence to plaintiff re: meeting. Receipt and review of response to same. Prepare duces tecum request to plaintiff Kirit Shah. Receipt of plaintiff's response to request for production to Homing Inn. Receipt of Plaintiff Shah response to request for production. 0.80 03/03/2020 TAD Receipt and review of correspondence re: mediation and prepare response to same. Receipt of correspondence re: deposition of Snow. Receipt of correspondence re: depositions of commissioners. 0.40 03/04/2020 IR Receipt and review of email string between counsel for Homing Inn and the City of Boynton Beach; continuation of review of records of other nuisance violations related to other entities owned by Plaintiffs; prepared updates to Trial Witness and Subpoena Duces Tecum tracking chart, accordingly; 1.80 03/05/2020 TAD Prepare correspondence re: Cafaro re: mediation and prepare response to same. Receipt of correspondence from plaintiff re: discovery conference. Review documents and begin preparation for deposition of plaintiff. Receipt of plaintiffs amended response to request for production. 3.60 03/06/2020 TAD Receipt and review of correspondence from mediator re: mediation and from Plaintiff. Receipt of notice of cancellation of mediation. Receipt of correspondence from plaintiff re: depositions and Cafaro. Telephone conference with Cafaro re: deposition. Review additional documents re: deposition and begin preparation for deposition of plaintiff. 3.10 03/09/2020 TAD Receipt and review of plaintiffs documents in response to request for production. (1200 documents). Continue preparation for deposition of plaintiff. Prepare exhibits for same. 6.40 IR Receipt and review of latest set of emails and discovery scheduling by both parties; prepared ticklers regarding same; 0.60 03/10/2020 TAD Attend deposition of Kirit Shah. Confer with plaintiff re: deposition. Receipt of correspondence from mediator re: mediation of matter. 4.60 03/11/2020 IR Receipt and review of continued sets of emails between the parties, in an effort to reschedule Mediation from this date; reviewed mails regarding discovery status; 0.30 Page 308 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 30766 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit HOURS TAD Prepare correspondence to City re: mediation and receipt of response to same. Prepare correspondence to mediator re: information on mediation. 0.30 03/12/2020 TAD Receipt and review of correspondence from plaintiff re: depositions and discovery issues. Receipt of amended notice of mediation. Prepare correspondence re: same. Receipt of correspondence from mediator re: questions on mediation. Prepare response to same. Prepare correspondence to plaintiff re: discovery conference. 0.80 03/16/2020 TAD Receipt and review of deposition of Cafaro. Prepare outline of same re: motions and trial. Prepare correspondence to plaintiff re: discovery conference. Receipt of response to same. 2.60 03/17/2020 TAD Continue preparation of outline of Cafaro deposition. Review plaintiff discovery responses re: motion to compel. Review discovery order re: motion. Receipt of correspondence from plaintiff counsel re: depositions. Prepare memorandum re: information from deposition of plaintiff. Review case law re: discovery objections. 2.20 03/19/2020 TAD Receipt and review of correspondence from plaintiff re: discovery conference and prepare response to same. Receipt of plaintiffs second amended response to request for production. Review plaintiffs two prior discovery responses re: discovery conference. Prepare second correspondence to plaintiff re: discovery issues. Receipt of additional correspondence from the plaintiff re: discovery issues. 1.80 03/20/2020 TAD Receipt and review of correspondence from plaintiff re: discovery conference and receipt of response to same. Prepare second correspondence to plaintiff re: discovery conference. Draft discovery motion and memorandum of law. Review additional case law re: deposition objections. 2.80 03/23/2020 TAD Receipt and review of correspondence re: discovery and prepare response to same. Attend discovery conference with plaintiff counsel. Prepare correspondence to City re: depositions. Receipt of response to same. 1.10 03/24/2020 TAD Receipt and review of correspondence re: discovery conference. Review case law re: trade secret claims and request for order. 2.80 03/25/2020 TAD Receipt and review of additional case law re: trade secret objections. Prepare correspondence to plaintiff re: same. Receipt of correspondence from Chief Snow re: deposition and prepare response to same. Prepare correspondence to plaintiff re: deposition. 1.80 FOR CURRENT SERVICES RENDERED 37.80 7,533.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 2.70 $125.00 $337.50 TRACEY A. DECARLO 35.10 205.00 7,195.50 Photocopies 85.05 Page 309 of 863 Page: 3 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905423 STATEMENT NO: 30766 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit TOTAL EXPENSES THRU 03/31/2020 85.05 02/19/2020 ASAP Courier- Invoice 385088 92.83 92.83 TOTAL ADVANCES THRU 03/31/2020 92.83 TOTAL CURRENT WORK 7,710.88 BALANCE DUE $7,710.88 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 310 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905444 Suite 101 STATEMENT NO: 30767 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Estella, Jean (MVA) Billing Category: 18- RLO Claim#19798151 HOURS 03/09/2020 JAC review demand/representation letter; follow up with TD 0.20 TAD Receipt and review of correspondence re: claim and claim letter. 0.20 FOR CURRENT SERVICES RENDERED 0.40 82.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.20 $205.00 $41.00 TRACEY A. DECARLO 0.20 205.00 41.00 TOTAL CURRENT WORK 82.00 BALANCE DUE $82.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 311 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905452 Suite 101 STATEMENT NO: 30768 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Weiss, Rhonda (Tree Root Damage) Claim No.: 19798351 Billing Category: 18- RLO Claim#19798351 HOURS 03/12/2020 TAD Receipt and review of correspondence re: settlement issues. Review claim investigation. Review additional case law re: notice question. 0.90 03/16/2020 TAD Prepare correspondence to City re: information from adjuster and additional cases. 0.80 FOR CURRENT SERVICES RENDERED 1.70 348.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.70 $205.00 $348.50 TOTAL CURRENT WORK 348.50 BALANCE DUE $348.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 312 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905455 Suite 101 STATEMENT NO: 30769 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Murray, Katrina and Karissa Murray (MVA) Billing Category: 18- RLO Claim#20804547 HOURS 03/05/2020 TAD Receipt and review of correspondence re: public records request from the City. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 313 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905462 Suite 101 STATEMENT NO: 30770 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Copabianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim# HOURS 03/27/2020 TAD Receipt and review of complaint for damages. Review information on status of claim and statute re: pending EEOC 1.20 03/30/2020 TAD Receipt and review of additional case law re: claim and limitations. Review charge re: timeliness of claim for response to complaint. Prepare correspondence to City re: complaint and information needed. Draft answer and affirmative defenses. 3.40 03/31/2020 TAD Review complaint and prepare interrogatories to Plaintiff re: claims. Review investigation re: retaliation allegations. 2.20 GB Reviewed Complaint and Emails to TAD regarding Complaint and response 0.50 FOR CURRENT SERVICES RENDERED 7.30 1,496.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.50 $205.00 $102.50 TRACEY A. DECARLO 6.80 205.00 1,394.00 TOTAL CURRENT WORK 1,496.50 BALANCE DUE $1,496.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 314 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905465 Suite 101 STATEMENT NO: 30771 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Estimable, Gerard (water damage to residence from sewer overflow) Billing Category: 18- RLO Claim# HOURS 03/02/2020 IR Reviewed online background search of Mr. Estimable, to update Trial Witness and Subpoena Duces Tecum tracking chart; 1.60 FOR CURRENT SERVICES RENDERED 1.60 200.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.60 $125.00 $200.00 Photocopies 9.45 TOTAL EXPENSES THRU 03/31/2020 9.45 TOTAL CURRENT WORK 209.45 BALANCE DUE $209.45 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 315 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905468 Suite 101 STATEMENT NO: 30772 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Hughes, Paul (MVA) (Property damage to residence wall, tree and shrubs) Billing Category: 18- RLO Claim# HOURS 03/09/2020 TAD Receipt and review of correspondence re: claim and reports re: incident. 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 Photocopies 8.05 TOTAL EXPENSES THRU 03/31/2020 8.05 TOTAL CURRENT WORK 110.55 BALANCE DUE $110.55 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 316 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905470 Suite 101 STATEMENT NO: 30857 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Nixon, Lamar(pipe bursting caused wastewater backup in home) Billing Category: 18- RLO Claim# HOURS 03/20/2020 IR Receipt and review of new potential litigation claim against the City of Boynton Beach regarding sewer back-up and other issues at property located at: 412 NE 1st Street and 411 NE 2d Street, Boynton Beach, FL; receipt and review of the City of Boynton Beach's First Report of Claim/ Loss; receipt and review of Supervisor's Incident Report form; receipt and review of 15 sets of color photographs from inside the two properties; prepared Trial Witness and Subpoena Duces Tecum tracking chart, with initial pertinent information; 1.30 FOR CURRENT SERVICES RENDERED 1.30 162.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 1.30 $125.00 $162.50 TOTAL CURRENT WORK 162.50 BALANCE DUE $162.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 317 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0603180 Suite 101 STATEMENT NO: 30879 Boynton Beach FL 33426 Attn: Lynn Swanson LABOR- General HOURS 03/06/2020 SHB Conduct quarterly sexual harassment training at City Hall. 3.50 03/23/2020 SHB Receive and review Moyse notice of dismissal from EEOC; follow up re: status of litigation. Research re: unemployment compensation and furlough matters. Discuss with JAC. 1.00 03/24/2020 SHB Receive, review, and revise EEOC position statement. Review and comment on FFCRA guidelines. 1.50 03/27/2020 SHB Attend webinar and additional research re: COVID and employment matters. Review notice to employees and follow up with Oldbury. Begin review of CARES act. 1.00 FOR CURRENT SERVICES RENDERED 7.00 1,435.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 7.00 $205.00 $1,435.00 TOTAL CURRENT WORK 1,435.00 BALANCE DUE $1,435.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 318 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-0806020 Suite 101 STATEMENT NO: 30880 Boynton Beach FL 33426 Attn: Lynn Swanson Red Light Cameras HOURS 02/28/2020 PE Prepared 18 notices for 3/10 hearing for SHB approval. 3.20 02/29/2020 PE Converted 14 notices to PDF/A. 0.30 03/02/2020 PE Sort organized and prepared 38 Boynton beach notices for 3/10/20 hearing. Converted to PDF/A and e-filed. 8.60 SHB Review and approve NOls. 0.40 03/03/2020 PE Sent pro se notices to printer for mailing. 1.10 SHB Receive and review request for records from attorney Feurer. Follow up with PD re: records and evidence packet. 0.30 03/05/2020 SHB Follow up with PD re: upcoming trial and attorney document request. Telephone conference with Ives re: upcoming trial and PRR. 1.00 03/06/2020 PE Prepared and e-mailed 1 Boynton beach notice for 3/16/20 hearing. Converted to PDF/A and e-filed. 0.30 03/09/2020 SHB Review pending cases and upcoming trial calendar; discuss with staff. Prep for trial. 2.00 03/10/2020 SHB Receive and review amended Motion. Additional research and trial prep. Attend trial at Delray courthouse. 3.50 03/15/2020 PE Sort organized and prepared Boynton beach notices for 3/24/20 hearing 3.60 03/16/2020 PE Converted 28 Boynton Beach notices to PDF/A and e-filed for 3/24/20 hearing 2.00 SHB Review and approve NOls. 0.30 SHB Telephone conference with JAC re: red light hearing matters. Telephone conference with Dan Reeb re: red light hearing matters. Telephone conference with Orlando Torres re: red light hearing matters. Various correspondence with City and ATS re: postponement of hearings. 0.60 03/17/2020 PE Updated tracking log, prepared 31 Boynton Beach notices for SHB approval. 2.60 SHB Review and approve NOls. Various correspondence with PD, Laverriere, and ATS re: rescheduling of hearings. 1.00 03/18/2020 SHB Receive and review Supreme Court Admin Order 20-15 re: essential court hearings and virtual appearances; transmit to officers for review. Review Page 319 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-0806020 STATEMENT NO: 30880 Red Light Cameras HOURS and approve NOI. 0.60 PE Converted 31 Boynton Beach notices to PDF/A and e-filed. Updated tracking log. 2.30 03/23/2020 PE Prepared 8 Boynton beach notices for 4/1/2020 hearing for SHB approval and updated tracking log. 1.50 SHB Review and approve NOls. 0.30 FOR CURRENT SERVICES RENDERED 35.50 5,237.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 10.00 $205.00 $2,050.00 PATRICIA EUGENE 25.50 125.00 3,187.50 Photocopies 34.65 TOTAL EXPENSES THRU 03/31/2020 34.65 TOTAL CURRENT WORK 5,272.15 BALANCE DUE $5,272.15 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 320 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9001821 Suite 101 STATEMENT NO: 30881 Boynton Beach FL 33426 Attn: Lynn Swanson General Matters HOURS 03/02/2020 BJS Prepare for forfeiture training, review and follow up re: Return of Firearm (Ortiz) 1.00 DS Drafted email to the City re: Code update for Advisory Boards. 0.10 SHB Follow up with Rumpf re: Gulfstream RA request. 0.30 JAC On site office administration; review gender neutral bathroom issues/law; attend staff meeting; conf with LL, CG and MR re: Town Square parking options and related issues; conf call re: Pulte Homes contract 5.50 03/03/2020 QEM Review of status of PBC National Prescription Opiate Litigation. 0.20 SMS review and correspondences related to Unity of Title for MLK properties; correspondences with staff and opposing counsel related to Unity of Title and Cross Access Easement for Taco Bell property 0.80 JAC prep for and attend Commission meeting; office administration issues; review SM hearing issues; review Governor declaration and project extension; check on status of proposed statutory amendment; review and forward St. Marks response 7.20 SHB Receive and review additional public records requests. Research. Discuss PRR matters with JAC. Telephone conference with Gibson re: PRR responses. Various additional correspondenc re: PRRs. Follow up with PD re: explanation of estimate provided in response to PRRs. 3.00 03/04/2020 BJS Attend and present forfeiture training at the Boynton Beach Police Department 3.50 DJD Review preliminary official statement. 0.80 JAC call citizen re: vehicles in driveway n/violation; prep for, attend and follow up on 194 PBG and PBC meeting; misc office administration in office; review pending assignments, review documents with LS; review staff docs re: St Marks Park 6.40 SHB Telephone conference with Burdelski re: Marsy's Law matters. 0.30 03/05/2020 QEM Review and respond to Ms. Swanson re: proposed Boynton Mall License Agreement 1.30 JAC emergency preparedness prep; misc research and discussion with attys re: same. 2.50 SHB Discuss various RA matters with Majors. Receive and review various correspondence from Hattab re: PRR and mediation; review applicable regulations. Discuss pending PRRs with Gibson. 2.30 03/06/2020 QEM Review of responses from staff re: Boynton Beach Mall Agreement; review of correspondence re: Sun Sentinel Public Records Request P021103-030420. 0.80 Page 321 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30881 General Matters HOURS SMS review application for funding for waterway assistance, review FAC code for requirements for opinion of attorney, review property appraiser record info; call with F.I.ND. related to Waterway Assistance Program dedication of property for 25 years 2.40 DS Discussed Draft Ordinance with QEM and JAC. Reviewed and analyzed draft ordinance re: advisory boards. 2.10 JAC onsite review of sustainability agreement; review Chief G/vendor gift issue; review Habitat issue and reply to atty; conf with MR re Casa Costa and review same re: depositions; review tort defense weekly pleadings and status 2.10 SHB Follow up with Dobay re: High Ridge Country Club Matters. Telephone conference with Slater re: PRR matters; receive and begin review of inquiry re: public records request. 0.90 03/08/2020 DS Revised and finalized draft ordinance re: Advisory boards. Drafted policies re: excused absences and concurrent membership for the Advisory Board Draft Ordinance. 3.00 03/09/2020 QEM Review of police reports produced in PRR; follow-up staff re: matter; correspond with attorney for Sun-Sentinel re: matter. 1.00 SMS review correspondences and proposals related to sports and events feasibility study; draft Sports Event Feasibility Study Agreement; revise MOU with Palm Beach County Sports Commission; 1.80 QEM Review and evaluation of request for development permit extension filed by Attorney Miskel for 2505 W. Woolbright Rd. property. 1.60 DS Prepared for meeting with JAC re: Advisory Board COO revisions. Discussed draft ordinance with JAC. 0.50 JAC review and research re: home occupation uses and accessory uses; research re: CBD usage and current policies; review sports authority status; review Miskel emergency declaration permit extension request; revisew and revise dog park maintenance agreeement 5.20 03/10/2020 SMS draft Agreement with SFA for sports facility feasibility study; review agreement with Sports Commission for funding; review quote proposals; call with staff on procurement, funding agreement, and consultant agreement for feasibility study 3.20 QEM Research and review and evaluation of public records law re: on going investigations re: Sun-Sentinel Public Records Request P021103-030420. 2.40 JAC Call w/ Manager re: personnel adjustments-leave issues; agenda review; misc assignment review and actions 2.60 SHB Receive and review inquiry re: BTR requirements and code citation; follow up with BJS. 0.10 03/11/2020 QEM Meeting with staff to review PRR documents. 3.10 BJS Review correspondence and follow up telephone calls with Adam Temple re: 271 NW 16 Ct 0.60 JAC review agenda items; review request for BB/Delray ILA and email L. Gelin re: same; discuss policies- leave and C-19 related legal issues; research and draft re: public meetings 4.20 Page 322 of 863 Page: 3 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30881 General Matters HOURS 03/12/2020 DS Researched and analyzed Comission on Ethics Opinions re: whether it is a conflict of interest for a third party building inspector may be a member of the City Building Board of Adjustments and Appeals. Discussed role of building official and private inspectors with B.J.S. Researched and analyzed case law and Attorney General Opinions re: whether the role of third party building inspector and building board of adjustment and appeals member violates the Constitutional prohibition against dual office holding. Drafted email containing research findings for J.A.C. 2.80 BJS Meeting with DS, and follow up re: pending matters 0.30 QEM Review case law re: criminal investigative information exemption; preparation of email to staff re: records release request; telephone conference with Ms. Slater and Captain Burdelski re: matter. 1.60 QEM Review of Cops and Canines program material for potential City PD program. 1.80 JAC agenda prep and review; review and reply to Bd applicant/building inspector issue; review case status-pending tort defense; evaluate ct delay issues associated with C-19; review Wellington and Lake Park codes-staff review per Mayor's request; onsite C-19 staff meeting 5.80 03/13/2020 QEM Review and evaluation of emergency ordinance; provide comments to same. 0.70 BJS Review and comment re: forfeiture guidelines as provided by Thomas D'Andre and follow up 1.00 QEM Review and evaluation of updated PRR response for Sun Sentinel request. 1.40 JAC research and draft emergency meeting ordinance; review employee leave rights and options; check CBAs and polices re: same; review Commission agenda and prep for meeting; review LDR issue for public hearing; monitor and review state and county and SEO/elections polling places gatherings declarations; call with LL re: pending items; review and revise CRA sunset ordinance. 5.50 03/16/2020 QEM Respond to Ms. Slater re: records. 0.20 SMS call with staff on sports facility feasibility center 0.20 JAC on site staff meetings; redraft emergency ord; misc research on CBAs and employee rights issues. misc call re: state and county declarations, review procurement options/waivers. 6.00 03/17/2020 SMS review of correspondences between staff and vendor for Sports Event Center Feasibility study related to additional information for quotes 0.50 QEM Correspond with Ms. Slater and Attorney Abratt re: public records requests. 0.40 JAC calls and conf calls re: Commission meeting and emergency ordinance; review new agenda item FIND; review planning process emergency streamlining; prep for meeting 6.00 03/18/2020 BJS Review Quarantine Response Kit 0.30 SHB Follow up re: various local emergency orders and developing COVID regulations. 0.50 JAC office administration and work ACAtty assignment review; check, post commission meeting follow up; misc calls w/LL staff, LS re: personnel matters, Fed, State and County EOs; plans for off site working and FLS/FMLA issues; reply to CG waivers for outside vendors request; prep for and attend Commission meeting 6.30 Page 323 of 863 Page: 4 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30881 General Matters HOURS 03/19/2020 QEM Review and evaluation of procurement issue re: Chlorine Analyzers purchase; review and respond to email correspondence re: matter. 1.50 SHB Review agreement and follow up with PD. Begin review and analysis of the Families First Coronavirus Response Act, begin drafting FAQ. 0.50 JAC Comm meeting follow up re: Mayors suggested changes to process for citizen participation; continue review of emerging work closure issues and Fed and State guidance and EO, call with LL re: same 3.90 03/20/2020 QEM Review and evaluation of standard PO terms and conditions provided by Mr. Wood; respond to Mr. Wood re: matter. 1.30 JAC general office administration, review ACAtty assignments and audit correspondence and pleadings; COVID 19 prep and calls 5.40 03/23/2020 DS Revised Draft Ordinance regarding Advisory Boards and Committees. Drafted draft Ordinance re: Oyer Park. 2.50 GB Legal Research and drafted memorandum of law regarding force majeure 0.50 HN Researched cases related to force majeure and coronavirus with GB and wrote summary with legal analysis. 0.50 JAC charter/code review re: pending projects; calls with attys re: force majeure research; survey golf course closure issues 4.20 SHB Follow up re: various pending matters; review and sign deeds. 1.00 03/24/2020 DS Finalized Art Advisory Board section of Draft Ordinance re: Advisory Boards. Revised the Code of Ordinances by researching and removing cross references. 1.30 JAC review pending assignments; evaluate contract termination options; discuss commission meeting options with LL; prep re: annual budget process; review budget line item adjustments 3.30 03/25/2020 QEM Review the documents and the Broward Contract with Hach provided by staff; respond to staff re: matter. 2.30 JAC review Fed wage/leave issues with JO and SB; review open meeting issues and accessibility issue; review business incubation grant issues and agreements 4.20 03/26/2020 JAC review department pending items and status; conf call with LS; conf call with staff fro COVID19 operations; continue updating research re: employee benefits, FEMA, Fed recovery options 5.50 03/27/2020 DS Finalized draft ordinance re: Harvey Oyer Park. Reviewed and finalized draft ordinance re: Advisory Boards. Researched and analyzed Florida Statutes Chapter 20, 553, and 162. 0.70 JAC agenda review: research CMT options and format for disclosures; continue COVID 19 review of orders and directives/county and state; calls with LL and staff; prep for and conf call re landfill closure 4.30 03/30/2020 QEM Review and evaluation of law pertaining to scrutinized companies; correspond with staff re: request from Motorola for changes to City form. 2.20 DS Reviewed and analyzed Florida Statutes Section 163. Revised draft ordinance re: advisory boards. 0.70 JAC Agenda review; continue review of orders and DOL releases; review assistant City Attorney assignments; review HR notices; research exclusion of first responders/FMLA; call with City Clark and IT to discuss public access of commission meeting. 6.20 Page 324 of 863 Page: 5 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9001821 STATEMENT NO: 30881 General Matters HOURS 03/31/2020 QEM Review of response from Ms. Swanson re: Motorola contract; review of notes re: law; preparation of response to Ms. Swanson re: options for contract. 1.70 SMS review mortgage, deed and plat for satisfaction of mortgage on 400 Ne 15th Ct 0.60 BJS Draft update correspondence to Lynn Swanson re: Public Records Request 0.20 JAC Agenda review; review textile contract and draft termination notice; call with Lynn Swanson regarding o?ce administration issues in pending matters; conference call with Shana Bridgeman regarding policies and personnel issues; review various meeting/public hearing options for commission meeting. 5.20 FOR CURRENT SERVICES RENDERED 173.80 17,937.50 TOTAL CURRENT WORK 17,937.50 BALANCE DUE $17,937.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 325 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9904950 Suite 101 STATEMENT NO: 30882 Boynton Beach FL 33426 Attn: Lynn Swanson Litigation Miscellaneous HOURS 03/03/2020 TAD Review active files and prepare for meeting with City and TPA. Attend meeting with City and TPA staff re: claims and claims handling issues. 3.90 03/05/2020 JAC tort defense case status and cost evaluations; same re: pending foreclosures 3.50 03/10/2020 TAD Receipt and review of correspondence re: property claim and reports. 0.30 03/16/2020 HN Phone call with Lynn Swanson regarding 3/24 special magistrate hearings. Phone call discussion with Adam Temple re: cancellation of 3/24 meeting and follow up email to JAC cc MDC. 0.40 03/17/2020 TAD Receipt and review of claims with IVR re: changes and issues surrounding closures and pending issues for depositions. 2.20 03/18/2020 BJS Review Motion to Return Property, telephone call with Lynn Swanson, telephone call with counsel for defendant, telephone call with Det. Montoya re: Joseph Laguerre 1.00 03/19/2020 BJS Telephone call with Det. Montoya re: Return of Property and follow up with Joshua Laroy 1.00 HN Review of Adam Temple's emails re: 3/24 hearing and special magistrate. Discussion with JAC. Follow up emails and phone call discussions with Adam Temple. Follow up emails to JAC re: special magistrate hearing next week. Review of file and documents required for Ho and Laurore special magistrate hearing on 3/24/20. 0.90 TAD Receipt and review of new claim re: property damage. Review correspondence, incident report and photographs. 0.30 03/20/2020 HN Preparation and participation of conference call with JAC and Adam Temple re: status of 3/24 special magistrate hearings on foreclosure cases. Review of subsequent email from Adam related to discussion. 0.50 BJS Telephone call with Josh LaRoy and follow up re: Return of Property 0.60 03/23/2020 TAD Receipt and review of correspondence from City re: meeting. 0.10 03/24/2020 BJS Follow up with City staff re: Return of Phone and follow up with Joshua LeRoy 0.30 03/25/2020 BJS Telephone call and follow up re: Return of Phone with Det. Montoya 0.30 Page 326 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9904950 STATEMENT NO: 30882 Litigation Miscellaneous HOURS 03/30/2020 BJS Telephone call with Tom D'Andrea, review police repots, and draft follow up correspondence re: Forfeiture/Poole 0.90 FOR CURRENT SERVICES RENDERED 16.20 3,321.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 3.50 $205.00 $717.50 HEATHER NEEDELMAN 1.80 205.00 369.00 BRIAN J. SHERMAN 4.10 205.00 840.50 TRACEY A. DECARLO 6.80 205.00 1,394.00 Photocopies 12.60 TOTAL EXPENSES THRU 03/31/2020 12.60 TOTAL CURRENT WORK 3,333.60 BALANCE DUE $3,333.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 327 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905248 Suite 101 STATEMENT NO: 30883 Boynton Beach FL 33426 Attn: Lynn Swanson Purchase of Parry Village Utility System HOURS 03/04/2020 SMS correspondence with staff related to closing documents; revise opposing counsel's opinion to reflect the replacement of water pipes in 2005 0.70 03/05/2020 SMS group conference calls with staff and parry village on outstanding water service agreements; revise final closing documents and correspondences with opposing counsel 2.00 03/06/2020 SMS review/draft letter to outstanding water service agreement property owners 0.70 03/09/2020 SMS review/revise closing documents based on comments from opposing counsel 0.40 03/11/2020 SMS calls related to outstanding agreements; review of spreadsheet; review of revised opinion of counsel; correspondences with opposing counsel related to closing 1.30 03/12/2020 SMS review water service agreements for execution 1.30 JAC review final hold owners issue 0.30 03/13/2020 SMS calls with staff related to closing docs; review executed closing docs 2.40 RLL Prepare recording of Non-Exclusive Utility Easement in the Palm Beach County public records. 0.40 JAC review transaction wrap up and documents 1.50 03/16/2020 SMS review water service agreements; review executed opinion of counsel 1.50 03/18/2020 SMS correspondence related to executed and recorded closing docs 0.10 03/25/2020 SMS review water service agreements and associated documents 1.30 FOR CURRENT SERVICES RENDERED 13.90 2,817.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.80 $205.00 $369.00 SEAN M. SWARTZ 11.70 205.00 2,398.50 RACHEL L LEACH 0.40 125.00 50.00 Page 328 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905248 STATEMENT NO: 30883 Purchase of Parry Village Utility System Photocopies 22.75 TOTAL EXPENSES THRU 03/31/2020 22.75 03/20/2020 Simplifile - Recording 52.80 52.80 TOTAL ADVANCES THRU 03/31/2020 52.80 TOTAL CURRENT WORK 2,893.05 BALANCE DUE $2,893.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 329 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905263 Suite 101 STATEMENT NO: 30884 Boynton Beach FL 33426 Attn: Lynn Swanson Town Square Development HOURS 03/02/2020 SMS review PD Lease Agreement for possible cause of action for HVAC units 1.40 DJD Telephone conference call City Manager. 0.40 03/03/2020 SMS correspondences related to PD HVAC unit replacement 0.20 03/04/2020 SMS review of correspondences and attachments related to ROW dedication 0.30 03/05/2020 RLL Attend telephone conference call with DJD and attorney for JKM BTS North regarding items needed to dedicate portion of parcels 1 and 2 to FDOT; contact client regarding legal description for right of way between parcels 1 and 2 to access north garage; gather information to provide attorney for JKM BTS North regarding opinion of title on parcel 2 to provide to FDOT. 1.20 DJD Address R/W deeds; telephone conference with Stephen Grave de Peralta; review legal descriptions Re: R/W. 1.70 SMS review of correspondences and title work related to ROW dedication project 0.50 JAC review re: BB Blvd ROW issue; discuss with RL 0.40 03/06/2020 JAC Conf with CG, AM and MH to review project documents and outline revisions; follow up review with DJD; misc drafting 4.80 DJD Address issues associated with R/W. Address Terms of Development Agreement with JKM. 1.30 03/09/2020 DJD Address status of R/W Deeds. 0.40 03/10/2020 DJD Telephone conference call with Dan Nelson as to status of transaction. 0.50 03/11/2020 JAC discuss agenda re: conf on parking; conf with DJD and document review for same 1.20 03/13/2020 SMS draft letter to Landlord of 2045 High Ridge for payment of the HVAC units 1.30 03/16/2020 SMS draft letter to Landlord of 2045 Highridge for HVAC units 0.40 JAC prep for conference re: status and funding 2.00 03/17/2020 SMS draft demand letter to landlord at 2045 high ridge; review information on FDOT Turn Lane 1.10 DJD Review emails; review special sheet relative to North Parking Garage. Address opinion of title for R/W declaration. 0.70 03/18/2020 DJD Prepare agenda for conference call. 0.40 JAC agenda prep and conf with DJD re: tele conference; research force majeure Page 330 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 30884 Town Square Development HOURS provision on agreements and case law; follow up re: CG Dec letter and responses 2.60 03/19/2020 DJD Prepare for and participate in conference call. 1.50 JAC participate in conf call with development team; follow up with LL/staff; call with DJD re: options discussed and "clock running" issues 3.20 03/20/2020 DJD Initial review of Purchase and Sale Agreement and Parking Licence Agreement. 1.40 03/23/2020 JAC tele conf with development team; follow up re: same 3.30 DJD Participate in City conference call; Participate in conference call with Developer. 1.80 03/24/2020 JAC Conf call w/LL, CG,MF,MH re: options; conf call JAC,DJD, and JAC re: easements and review of Agreement 4.20 DJD Telephone conference call with Jim Cherof; Review proposed correspondence. Prepared by Mark Hefferin; Telephone conference call with City Managers; Review Development Agreement. 1.60 03/25/2020 GB Telephone conference call and emails with City regarding agreements between City and E2L. Reviewed Phase I agreement between City & E21- and 2Land began Reviewing Phase II Agreement. 1.10 JAC review JKM contract compliance issues; calls with LL and with DJD; begin contract review re: Force M use and options 3.80 DJD Address opinion of Title relative to right away; telephone conference call with JAC. 1.40 03/26/2020 GB Continued eviewing Phase II Agreement between E21- Real Estate Solutions&the City. Read Design Builder Agreement between City, Straticon and E2L. Emails with City regarding documents. 2.20 RLL Telephone discussions and email communications regarding status of turn lane project. 0.30 JAC conf with call re: financing and parking issues; follow up call with City team re: same; follow up re: assessment and PSA/license agreement 2.20 DJD Participate in phone conference. 1.80 03/27/2020 GB Read Design Builder Agreement & Notice of Force Majeure event from Straticon and drafted memorandum analyzing Straticon and the City's rights and obligations under the parties' agreement with regards to Force Majeure. Telephone Conference and Emails with the City regarding documents. 3.80 JAC review JKM draft PSA and Lic agreement; review bond documents 1.50 FOR CURRENT SERVICES RENDERED 57.90 11,749.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 29.20 $205.00 $5,986.00 D.J. DOODY 14.90 205.00 3,054.50 SEAN M. SWARTZ 5.20 205.00 1,066.00 GAL BETESH 7.10 205.00 1,455.50 RACHEL L LEACH 1.50 125.00 187.50 Page 331 of 863 Page: 3 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905263 STATEMENT NO: 30884 Town Square Development Photocopies 9.45 TOTAL EXPENSES THRU 03/31/2020 9.45 TOTAL CURRENT WORK 11,758.95 BALANCE DUE $11,758.95 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 332 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905265 Suite 101 STATEMENT NO: 30885 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Nationstar Mortgage, LLC (McBride, Cheryl) HOURS 03/12/2020 SHB Receive and review order setting hearing; follow up re: status of sale. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 333 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905376 Suite 101 STATEMENT NO: 30886 Boynton Beach FL 33426 Attn: Lynn Swanson Matias, Iris V. (Midfirst Bank) HOURS 03/12/2020 SHB Receive and review notice of sale; follow up re: surplus. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 334 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905383 Suite 101 STATEMENT NO: 30887 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) HOURS 03/17/2020 SHB Various correspondence with opposing counsel re: trial matters. 0.20 FOR CURRENT SERVICES RENDERED 0.20 41.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.20 $205.00 $41.00 TOTAL CURRENT WORK 41.00 BALANCE DUE $41.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 335 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905389 Suite 101 STATEMENT NO: 30888 Boynton Beach FL 33426 Attn: Lynn Swanson Mildred Corporation#1 dba Z Food & Meat Market (Petition for Writ of Certiorari) HOURS 03/02/2020 QEM Telephone conference with Ms. Brown to discuss permitting and license issues. 0.80 03/03/2020 QEM Review and respond to email correspondence from attorney representing Z Mart; follow-up with staff re: matter. 0.60 03/05/2020 QEM Discuss matter with Ms. Brown; review and preparation of email correspondence to attorney Wolf re: dismissing case. 0.70 03/10/2020 QEM Follow-up with staff re: BTR application; follow-up with attorney for Z Mart re: matter. 0.60 03/12/2020 QEM Review with staff correspondence from Mr. Wolf; preparation of response to Mr. Wolf re: matter; review of response from Mr. Wolf; notify staff of same. 1.40 03/13/2020 QEM Review and evaluation of correspondence from Mr. Wolf; preparation of correspondence to staff re: questions from Mr. Wolf. 0.40 03/16/2020 QEM Respond to Mr. Wolf re: BTR. 0.20 03/25/2020 QEM Review of email correspondence re: status of BTR. 0.40 03/30/2020 QEM Review and respond to email correspondence from Attorney Wolf. 0.20 03/31/2020 QEM Review of update on status of issuance of BTR. 0.10 FOR CURRENT SERVICES RENDERED 5.40 1,107.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 5.40 $205.00 $1,107.00 TOTAL CURRENT WORK 1,107.00 BALANCE DUE $1,107.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 336 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905397 Suite 101 STATEMENT NO: 30889 Boynton Beach FL 33426 Attn: Lynn Swanson v. Fiorentino, Joseph John (Petition for Firearms) HOURS 03/27/2020 SHB Receive and review notice of expiration from clerk; follow up with City re: extension. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 337 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905398 Suite 101 STATEMENT NO: 30890 Boynton Beach FL 33426 Attn: Lynn Swanson v. Bueno, Miguel Alonso (Petition for Firearms) HOURS 03/27/2020 SHB Receive and review notice of expiration from clerk; follow up with City re: extension. 0.10 FOR CURRENT SERVICES RENDERED 0.10 20.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.10 $205.00 $20.50 TOTAL CURRENT WORK 20.50 BALANCE DUE $20.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 338 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905401 Suite 101 STATEMENT NO: 30891 Boynton Beach FL 33426 Attn: Lynn Swanson adv. 534 NW 5th, LLC (Complaint to Quiet Title) HOURS 03/24/2020 SHB Receive and review various correspondence re: surplus claim and distribution agreement. Review file re: previous claim filed and status of case. Follow up with City. 0.60 FOR CURRENT SERVICES RENDERED 0.60 123.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.60 $205.00 $123.00 TOTAL CURRENT WORK 123.00 BALANCE DUE $123.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 339 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905405 Suite 101 STATEMENT NO: 30892 Boynton Beach FL 33426 Attn: Lynn Swanson Land Swap- Lot 14 from Williams, Sarah for City Owned Lot 9 (Lot 14- NE 10 Ave and Lot 9 - MLK Blvd.) 03/20/2020 Simplifile - Corrective Warranty Deed 26.60 26.60 TOTAL ADVANCES THRU 03/31/2020 26.60 TOTAL CURRENT WORK 26.60 BALANCE DUE $26.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 340 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905420 Suite 101 STATEMENT NO: 30893 Boynton Beach FL 33426 Attn: Lynn Swanson V. Goldberg, Howard (Risk Protection Order) HOURS 03/02/2020 SHB Various correspondence re: possible RPO violation. Telephone conference with Burdelski. 0.30 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 341 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905424 Suite 101 STATEMENT NO: 30894 Boynton Beach FL 33426 Attn: Lynn Swanson adv. AI-Hattab, Andrew (Appeal- RLC Magistrate) 02/21/2020 ASAP Courier- Invoice 385088 119.98 119.98 TOTAL ADVANCES THRU 03/31/2020 119.98 TOTAL CURRENT WORK 119.98 BALANCE DUE $119.98 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 342 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905432 Suite 101 STATEMENT NO: 30895 Boynton Beach FL 33426 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foeclosure) HOURS 03/10/2020 RLL Attend telephone conference call with DJD, Ken Dodge and BBCRA regarding foreclosure process and procedure to gain title to property. 0.20 03/18/2020 HN Drafting amended complaint. 1.20 FOR CURRENT SERVICES RENDERED 1.40 271.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 1.20 $205.00 $246.00 RACHEL L LEACH 0.20 125.00 25.00 TOTAL CURRENT WORK 271.00 BALANCE DUE $271.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 343 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905433 Suite 101 STATEMENT NO: 30896 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ho, Benjamin and Karen (Code/Foreclosure HOURS 03/02/2020 HN Started drafting amended complaint. 0.10 03/10/2020 RLL Attend telephone conference call with DJD, Ken Dodge and BBCRA regarding foreclosure process and procedure to gain title to property. 0.20 DJD Telephone conference call with BB CRA representatives. 0.60 03/17/2020 HN Edits to amended complaint. 0.60 03/18/2020 HN Research as to whether a motion for extension of time is a responsive pleading. Amending complaint. Email to Lynn Swanson re: how much the Hos owe on the code violations and nuisance abatement violations. 2.50 FOR CURRENT SERVICES RENDERED 4.00 804.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL D.J. DOODY 0.60 $205.00 $123.00 HEATHER NEEDELMAN 3.20 205.00 656.00 RACHEL L LEACH 0.20 125.00 25.00 TOTAL CURRENT WORK 804.00 BALANCE DUE $804.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 344 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905434 Suite 101 STATEMENT NO: 30897 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 03/03/2020 HN Review of Eckols Motion to Dismiss and follow up email to JAC and MDC. 1.20 JAC review answer and affirmative defense 0.40 03/06/2020 HN Draft of reply to defendant's affirmative defense and draft of motion for summary judgment. 3.50 03/08/2020 HN Draft, edits, and research related to the City's Response to Eckols Affirmaitve Defenses and the City's Motion for Summary Judgment. 1.30 03/10/2020 RLL Attend telephone conference call with DJD, Ken Dodge and BBCRA regarding foreclosure process and procedure to gain title to property. 0.20 DJD Telephone conference call with Ken Dodge, Esq.; address status. 0.50 03/11/2020 HN Review of notices and orders provides in code cases and nuisance abatement case. Review of Chapter 162, Florida Statutes. Edits to City's reply and motion for summary judgment. Phone call to Lynn Swanson related to proof of service on the 2015 case. Email to Lynn Swanson as to the current fine for the mowing lien. 2.70 03/12/2020 CLD Drafted Affidavit of Attorney's Fees, researched costs paid to date and drafted Affidavit of Costs, assembled and labeled exhibits for filing with City's Motion for Summary Judgment. 1.00 HN Phone call with Lynn Swanson as to the clerk's question if they should deposit check they received towards the mowing lien. Discussion with JAC. Phone call response to Lynn and review of check and envelope. Emailed JAC cc Lynn Swanson with follow up. 0.40 03/13/2020 HN Email to JAC re: amount owed on mowing lien including interest. Review and edits of Motion for Summary. Review and edits of reply to affirmative defenses. 1.90 JAC discuss offer of partial payment w/HN; review options for response 0.40 03/16/2020 HN Review of Eckols reply and motion for summary judgment. Follow up communication with MDC re: two pleadings. Phone call to Adam Temple. Meeting with MDC re: draft reply. Review of emails from Lynn Swanson and phone calls to Norma Loth. Edits to Motion for Summary Judgment. Follow up discussion with MDC. Edits of reply. Follow up email to JAC cc MDC. 2.80 MDC Review response to affirmative defenses, confer with HN on mailing, notice issues. 0.40 Page 345 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905434 STATEMENT NO: 30897 adv. Eckols 76 LTD/Eckols 86 LTD (Code/ Foreclosure) HOURS 03/17/2020 JAC review draft reply to affirmative defenses. 0.30 03/23/2020 HN Review of UCC related to expiration of a check. Follow up email to JAC. Follow up email to Lynn Swanson cc JAC with legal analysis. 0.70 03/31/2020 HN Review of Interrogatories filed by Defendant Eckols Ltd and review of documents in file relating to questions in interrogatories. 1.30 FOR CURRENT SERVICES RENDERED 19.00 3,799.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.10 $205.00 $225.50 D.J. DOODY 0.50 205.00 102.50 MICHAEL D. CIRULLO 0.40 205.00 82.00 HEATHER NEEDELMAN 15.80 205.00 3,239.00 RACHEL L LEACH 0.20 125.00 25.00 CYNTHIA L. DUNN 1.00 125.00 125.00 Photocopies 8.75 TOTAL EXPENSES THRU 03/31/2020 8.75 TOTAL CURRENT WORK 3,807.75 BALANCE DUE $3,807.75 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 346 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905435 Suite 101 STATEMENT NO: 30898 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Go, Jeanne and Ka Hock (Code/Foreclosure) HOURS 03/10/2020 RLL Attend telephone conference call with DJD, Ken Dodge and BBCRA regarding foreclosure process and procedure to gain title to property. 0.20 FOR CURRENT SERVICES RENDERED 0.20 25.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.20 $125.00 $25.00 TOTAL CURRENT WORK 25.00 BALANCE DUE $25.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 347 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905436 Suite 101 STATEMENT NO: 30899 Boynton Beach FL 33426 Attn: Lynn Swanson Hall-Mark RTC HOURS 03/06/2020 QEM Review and respond to email correspondence from staff; review of file; dictate draft correspondence. 0.80 03/10/2020 QEM Review of file; preparation of Letter to Hall-Mark RTC re. Rescue Units 887, 888 889.; transmit draft to staff for review; review of comments from staff. 1.10 03/11/2020 QEM Review of email correspondence from Fire Chief; revise correspondence based on same. 0.90 FOR CURRENT SERVICES RENDERED 2.80 574.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 2.80 $205.00 $574.00 TOTAL CURRENT WORK 574.00 BALANCE DUE $574.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 348 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905437 Suite 101 STATEMENT NO: 30900 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Habitat for Humanity of South Palm Beach Inc. (2 lots on NW 4th Ave & 1 lot on NW 5th St. HOURS 03/03/2020 RLL Follow up with settlement agent for signed closing statement; prepare transmittal letter to client for seller proceeds check. 0.50 03/09/2020 RLL Review recorded releases of municipal liens. 0.20 FOR CURRENT SERVICES RENDERED 0.70 87.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL RACHEL L LEACH 0.70 $125.00 $87.50 Photocopies 5.25 TOTAL EXPENSES THRU 03/31/2020 5.25 02/20/2020 ASAP Courier- Invoice 385088 36.09 36.09 TOTAL ADVANCES THRU 03/31/2020 36.09 TOTAL CURRENT WORK 128.84 BALANCE DUE $128.84 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 349 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905441 Suite 101 STATEMENT NO: 30901 Boynton Beach FL 33426 Attn: Lynn Swanson Sale to Pulte Group -approx.. 14.7 acres off Nickels Blvd. HOURS 03/02/2020 DJD Telephone conference call with City Manager; prepare Purchase and Sale Agreement. 1.50 03/04/2020 RLL Further work on purchase and sale agreement; contact client regarding legal descriptions of properties. 0.80 DJD Revise Purchase and Sale Agreement. 1.30 03/06/2020 RLL Work with client to obtain deeds to City for parcels prior to computer time and examine same. 1.30 03/10/2020 RLL Further work on Agreement for purchase and sale. 1.00 DJD Revise Purchase and Sale Agreement. 1.30 03/11/2020 RLL Meet with DJD to review finalized version of purchase and sale agreement; forward same to client for review. 0.40 DJD Finalize draft of Purchase and Sale Agreement. 0.70 JAC review with DJD-revised P&S agreement and options; call with LL re: same 1.20 03/13/2020 RLL Work with DJD to make certain revisions to purchase and sale agreement. 0.50 FOR CURRENT SERVICES RENDERED 10.00 1,730.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.20 $205.00 $246.00 D.J. DOODY 4.80 205.00 984.00 RACHEL L LEACH 4.00 125.00 500.00 Photocopies 26.25 TOTAL EXPENSES THRU 03/31/2020 26.25 TOTAL CURRENT WORK 1,756.25 BALANCE DUE $1,756.25 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 350 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905454 Suite 101 STATEMENT NO: 30902 Boynton Beach FL 33426 Attn: Lynn Swanson Parking Special Assessment HOURS 03/03/2020 JAC review and reply to omnibus assessment ordinance question; email with GSG re: information and communication; review documents 1.20 03/04/2020 JAC Review preliminary statement from MR- OS 1.20 03/05/2020 DJD Review of draft of resolution. 0.70 03/18/2020 MDC Review correspondence for Sandra Walker. 0.20 FOR CURRENT SERVICES RENDERED 3.30 676.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.40 $205.00 $492.00 D.J. DOODY 0.70 205.00 143.50 MICHAEL D. CIRULLO 0.20 205.00 41.00 TOTAL CURRENT WORK 676.50 BALANCE DUE $676.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 351 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905456 Suite 101 STATEMENT NO: 30903 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Priority Towing HOURS 03/04/2020 IR Review documents received from City of Boynton Beach and prepared updates to Trial Witness and Subpoena Duces Tecum tracking chart; 0.80 FOR CURRENT SERVICES RENDERED 0.80 100.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.80 $125.00 $100.00 TOTAL CURRENT WORK 100.00 BALANCE DUE $100.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 352 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905461 Suite 101 STATEMENT NO: 30904 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Deutsche Bank (Estate of Herbert Campbell) HOURS 03/02/2020 SHB Prepare and file Answer to Complaint. 0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 353 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905466 Suite 101 STATEMENT NO: 30905 Boynton Beach FL 33426 Attn: Lynn Swanson adv. US Bank National (Norfus, Ricky 2020) HOURS 03/19/2020 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 354 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905467 Suite 101 STATEMENT NO: 30906 Boynton Beach FL 33426 Attn: Lynn Swanson F.I.N.D. Waterway Assistance Grant HOURS 03/13/2020 RLL Examination of title work on property; begin preparation of Attorneys Certification of Tltle. 1.70 SMS review application and title search/property information report; call with staff to discuss boat ramp ownership 1.80 03/16/2020 SMS review resolutions for ownership of submerged lands and easement property; review survey and sketch for resolution on building of boat ramp; meeting related to ownership of submerged lands 1.90 RLL Research legal description of submerged land and dedication parcel of land to City and locate in comparison the legal description of property search for opinion of title; order additional title search on submerged land and properties abutting submerged land. 1.30 03/17/2020 SMS meeting on title search of 3 separate legal descriptions for Grant 0.40 RLL Work to answer questions from title examiner as to parameters of search needed. 0.40 03/18/2020 SMS call with staff on revised resolution related to certificate of title 0.20 03/19/2020 SMS call and correspondences related to title work for certificate of title; correspondence related to revisions to the application; review deeds from property information report 1.50 RLL Examination of ownership search for Lots 11, 12 and 13 including dedication parcel; contact title examiner for additional information needed for Lot 12. 1.00 03/20/2020 SMS review updated title work; draft Certificate of Title for revised title search 2.20 03/23/2020 RLL Work on Attorney's Certificate of Tltle. 1.30 03/24/2020 SMS correspondences related to title work; call on executed certificate of title; finalize certificate of title 1.60 03/25/2020 SMS correspondences related to application submission and title work 0.30 03/26/2020 SMS correspondences related to title work confirmation and submission of application 0.10 03/27/2020 SMS review title work for submerged lands; revise Certificate of Title 1.20 RLL Review title report on submerged land and work to finalize attorney's certificate of title. 1.00 Page 355 of 863 Page: 2 CITY OF BOYNTON BEACH 04/02/2020 ACCOUNT NO: 306-9905467 STATEMENT NO: 30906 F.I.N.D. Waterway Assistance Grant HOURS FOR CURRENT SERVICES RENDERED 17.90 3,133.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 11.20 $205.00 $2,296.00 RACHEL L LEACH 6.70 125.00 837.50 Photocopies 37.10 TOTAL EXPENSES THRU 03/31/2020 37.10 03/12/2020 Chicago Title Insurance Company - Invoice 8269618 350.00 03/19/2020 Chicago Title Insurance Company - Invoice 8296354 150.00 03/27/2020 Chicago Title Insurance Company - Invoice 8296164 350.00 850.00 TOTAL ADVANCES THRU 03/31/2020 850.00 TOTAL CURRENT WORK 4,020.60 BALANCE DUE $4,020.60 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 356 of 863 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 04/02/2020 3301 Quantum Boulevard ACCOUNT NO: 306-9905471 Suite 101 STATEMENT NO: 30907 Boynton Beach FL 33426 Attn: Lynn Swanson COVID 19 Matters HOURS 03/12/2020 SHB Research re: COVID and labor-employment implications. Receive and review various case summaries and analyses re: FMLA, ADA, etc. 1.10 03/13/2020 SHB COVID -attend webinar re: legal implications and employee matters. 1.00 SHB Various research and review of COVID-related matters. 0.30 03/17/2020 SHB Attend Florida Association of Police Attorneys call re: COVID matters. Review various materials re: employment-related COVID matters. 1.00 03/18/2020 SHB Receive and review EEOC guidance re: ADA and COVID. Review Families First Coronavirus Response Act. 1.30 03/19/2020 SHB Begin review and analysis of the Families First Coronavirus Response Act, begin drafting FAQ. 1.50 03/20/2020 SHB Continued review and analysis of Family First Act; continue working on FAQ. 1.00 JAC COVID 19 preparation and calls. 1.40 03/22/2020 SHB Drafting and revision: Family First Coronavirus Act FAQ. 0.50 03/25/2020 SHB Various discussions with JAC and Oldbury re: pending matters. Revise and finalize FAQ for FFCRA. 0.80 03/27/2020 JAC Continue COVID 19 review of orders and directives/county and state. 1.00 03/31/2020 SHB Follow up re: additional federal regulations for FFCRA; continued review of CARES act. 1.00 FOR CURRENT SERVICES RENDERED 11.90 2,439.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 2.40 $205.00 $492.00 SHANA H. BRIDGEMAN 9.50 205.00 1,947.50 TOTAL CURRENT WORK 2,439.50 BALANCE DUE $2,439.50 Page 357 of 863 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 April 9, 2020 Attn: claims@bbfl.us Bill No. 51321 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: Geraci v. Zeller 19132 Adj: Julie Oldbury BILL FOR FEES AND COSTS THROUGH 03/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 03/02/20 Receipt and review of Audit Letter for City of Boynton Beach. LHR 0.20 03/03/20 Correspondence to Caler, Donten, Levine, Porter&Veil, PA, re: LHR 0.30 City of Boynton Beach response to audit letter. 03/19/20 Receipt and review of e-mail from Tristar adjuster Karen Klein LHR 0.20 re: her questions concerning potential defense motion regarding scope/authority issue as it relates to Capt. Zeller as he was off duty but officers never actually off duty when it comes to safety of others or is this issue question of fact for trial. 03/19/20 Preparation of email response to Tristar adjuster Karen Klein LHR 0.20 re: answering her questions concerning potential defense motion regarding scope/authority issue as it relates to Capt. Zeller and no motion to be filed by defense, however, if Plaintiff contests Zeller's status we would oppose and raise as a question of fact. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount LHR Lyman H. Reynolds, Jr., Partner 0.90 185.00 166.50 Total Professional Services 0.90 $166.50 Page 358 of 863 Client: City of Boynton Beach April 9, 2020 Matter: 19132 - Geraci v. Zeller Page 2 CURRENT BILL TOTAL AMOUNT DUE $ 166.50 Balance Forward: 888.00 Payments &Adjustments: -888.00 Total Due: $ 166.50 Page 359 of 863 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: 51321 Bill Date: April 9, 2020 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 19132 Matter Name: Geraci v. Zeller Total Professional Services 166.50 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 166.50 Balance Forward: 888.00 Payments &Adjustments: -888.00 Total Due: $ 166.50 Past Due Balance 0.00 TOTAL AMOUNT DUE $166.50 Page 360 of 863 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 Tristar Risk Management April 9, 2020 Attn: Karen Klein Bill No. 51392 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 03/31/20 PROFESSIONAL SERVICES Date Services Attorney Hours 03/02/20 Review/Analyze of file to briefly summarize status and case in KLR 0.30 support of letter to auditor for City of Boynton Beach. 03/08/20 Review/Analyze Deposition Transcript of Flor Cuevas. SWK 0.60 03/11/20 Communicate/With Client correspondence to Gal Betesh re: SWK 0.20 proposed retention of police practices expert, John Peters. 03/11/20 Communicate/Other External Correspondence to potential KLR 0.20 expert Dr. John Peters regarding reviewing the case. 03/11/20 Communicate/Other External Correspondence from Dr. John KLR 0.20 Peters agreeing to review the case. 03/11/20 Communicate/Other External Correspondence to potential KLR 0.20 expert John Peters requesting his CV and fee schedule. 03/11/20 Communicate/Other External Correspondence from potential KLR 0.20 expert Dr. John Peters enclosing his CV, fee schedule and w9. 03/13/20 Draft/Revise Correspondence to Karen Klein request authority SWK 0.20 to hire Expert John Peters. 03/16/20 Communicate/With Client correspondence from Gal Betesh re: SWK 0.20 Curriculum Vitae and Fee scheduled for potential expert, John Peters. 03/16/20 Communicate/Other Counsel Correspondence to Gal Betesh, SWK 0.20 City counsel, regarding Expert John Peters CV and Fee Schedule. 03/31/20 Communicate/With Client correspondence from Gal Betesh re: SWK 0.20 City of Boynton Beach agreed to retainment of expert, John Peters. Page 361 of 863 Client: Gallagher Bassett Services, Inc. April 9, 2020 Matter: 18187 - Readon v. Boynton Beach Page 2 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount KLR Kathryn L. Reeves, Paralegal 1.10 110.00 121.00 SWK Stephanie W. Kaufer, Partner 1.60 185.00 296.00 Total Professional Services 2.70 $417.00 CURRENT BILL TOTAL AMOUNT DUE $ 417.00 Balance Forward: 623.00 Payments &Adjustments: -623.00 Total Due: $ 417.00 Page 362 of 863 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: 51392 Bill Date: April 9, 2020 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 417.00 Total Disbursements 0.00 CURRENT BILL TOTAL AMOUNT DUE $ 417.00 Balance Forward: 623.00 Payments &Adjustments: -623.00 Total Due: $ 417.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $417.00 Page 363 of 863 6.G. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Accept surtax capital project status and Cl P amendment report for the 2nd quarter of fiscal year 2019- 20 (January through March 2020). Explanation of Request: The attached report is an update for the fiscal year 2019-20 capital projects that are funded through surtax funds. Projects are in varying stages and the report includes a status update for each project. Through March 2020, the City has awarded approximately $4,934,126 worth of work from the surtax funds amended budget of$9,310,562. Projects completed to date include: PD Pistol Range ADA, Oceanfront Park Painting, Boynton Lakes Park Sealcoating, Boynton Lakes Park Playground, Hester Center Concession Building Renovation, Intracoastal Park Sealcoating, Intracoastal Park Restroom Renovations, Jaycee Park Painting, Laurel Hills Park Basketball Resurfacing, Little League Park Dugout Repairs, Meadows Park Fitness Area, Meadows Park Tennis Court Fencing, Oceanfront Park Sealcoating, Oceanfront Park Parking Lot Lights, Pioneer Canal Park Fishing Pier, and Tennis Center Parking Lot Sealcoat. Ongoing projects include: Hester Center Re-Roof, Hester Center Interior and Exterior Door Replacement, Oyer Park Ramp Design & Permitting, Sidewalk Replacement, Library RIF ID Inventory System, Public Works Complex Painting, Town Square Network Equipment, Police Department Headquarters Network Equipment, and Fiber Optic Cable to North Tower Site. In addition, attached is a Cl P amendment report outlining adjustments and/or modifications made to the Cl P during the quarter. All projects will be funded by making budget adjustments with existing Surtax dollar projects. The project budget adjustments merely recognize actual costs on a project level. The entire Surtax Capital Budget will always be neutral unless changed through a formal budget amendment process. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Page 364 of 863 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Attachment CII Quarterly Update D Attachment C I P Quarterly Amendments Page 365 of 863 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN FUND 303 PROPOSED CIP BUDGET -FUNDED BY SALES SURTAX FY 2019/20 to FY 2023/24 SALES SURTAX CAPITAL IMPROVEMENT PROGRAM Account Number Project Project %Complete Project Manager Status PROJECT NAME Fund-Location-Exp Number 303-4103-580.63-15 001801 Boynton Beach Blvd Extension&Pete Pond Improv Construction Matt Doyle 10% Procurement/Le al Review 303-4103-580.63-15 GG1802 Boynton Beach Blvd Extension&Pete Pond Improv(Design)and Planters Box Matt Doyle 90% Design 303-1214-580.62-01 TSKID Town Square Temporary Site Removal(PD,Library,etc.) Kevin Ramsey 10% Bid 303-4230-572.64-04 RP2010 Town Square Park-Kids'Kin dom Andrew Mack 100% COMPLETE 303-4299-580.63-06 GG1820 Citywide Recreation and Parks Entry Signs Matt Doyle 70% Construction 303-4130-580.63-00 GG1821 Head Start Center-Seal coat parking lot Jose Murray 0% On-hold 303-4130-580.62-03 GG1822 Head Start Center-Seal coat parking lot ADA Jose Murray 0% On-hold 303-4101-580.62-01 CP0703 General Government-Carpet Replacement Gail Mootz 50% On-Going 303-4101-580.64-18 001004 General Government-HVAC Repairs Gail Mootz 50% On-Going 303-4101-580.62-01 001901 General Government-Misc Repairs&Replacement Gail Mootz On-Goin 303-4125-580.62-03 GG2002 Pistol Range ADA* Carl Frumenti 100% COMPLETE 303-4116-580.62-01 GG1834 Public Works Complex-Painting Gail Mootz 60% Construction 303-4116-580.62-01 GG1835 Public Works Compound-Sealcoat Parking Lot Jose Murray Scheduled Construction 303-4116-580.62-03 0G20xx Public Works Compound-ADA* Andrew Mack 90% Design 303-4116-580.62-01 GG20xx Public Works Compound-Gate Replacement Gail Mootz Bid 303-4116-580.62-03 001842 Public Works Compound-Planning&Design Andrew Mack 20% Pre-Design 303-4116-580.62-03 GG23xx Public Works Compound-Lobby and Security Upgrades Andrew Mack Procurement/Legal Review 303-4199-580.62-01 GG2001 1 Citywide Sustainability Upgrades Rebecca Harvey 20% On-Going TOTAL GENERAL GOVERNMENT PROJECTS 303-4209-572.64-18 GG Ezell Hester AHU-2(Weight Room)HVAC Replacement(Jan-20) Gail Mootz Bid 303-4209-572.64-18 GG Ezell Hester AHU-3a(Gym Storage)HVAC Replacement(Mar-19) Gail Mootz Bid 303-4209-572.64-18 GG Ezell Hester AHU-4(Office/Bathrooms)HVAC Replacement(Jan-19) Gail Mootz Bid 303-4209-572.64-18 001850 Ezell Hester Center-CU-1 HVAC Replacement Gail Mootz Bid 303-4128-522.64-18 GG Fire Station#4 AHU-1 HVAC Replacement(Jan-20) Gail Mootz Bid 303-4128-522.64-18 GG Fire Station#4 AHU-2 HVAC Replacement(Feb-20) Gail Mootz Bid 303-4128-522.64-18 GG Fire Station#4 AHU-3 HVAC Replacement(Aug-20) Gail Mootz Bid 303-4128-522.64-18 GG Fire Station#4 CU-3 HVAC Replacement(Jan-20) Gail Mootz Bid 303-4111-572.64-18 GG Senior Center AHU-2 HVAC Replacement(Apr-20) Gail Mootz Bid 303-4111-572.64-18 1 GG Senior Center CU-2 HVAC Replacement(Apr-20) Gail Mootz Bid TOTAL GOVERNMENT HVAC PROJECTS 303-4209-572.62-01 1 RP1903 Hester Center-Re-roof Main Building Kevin Ramsey 10% Construction 303-4210-572.63-05 1 RPI 802 Oceanfront Park-paint-roof Pavilions,Bathrooms,Life Bldg Gail Mootz 100% COMPLETE TOTAL GOVERNMENT ROOFING PROJECTS 303-4236-572.63-05 RP1808 Boynton Lakes Park-Parking Lot Seal Coat Jose Murray100% COMPLETE 303-4236-572.64-04 RP1810 Boynton Lakes Park-Playground Equipment&Gazebo Painting Gail Mootz 100% COMPLETE 303-4236-572.63-03 RP1811 Boynton Lakes Park-Playground Equip&Gazebo ADA Gail Mootz 100% COMPLETE 303-4113-572.63-05 RP1814 Carolyn Sims Center-Paint Pavilion and table Gail Mootz 100% COMPLETE 303-4209-572.63-05 Hester Center-Site Improvements(Design&Construction) Paola Mendoza Procurement/Legal Review 303-4209-572.63-05 RP1905 Hester Center-Game Room Repairs Kevin Ramse Requisition/Purchase Order 303-4209-572.63-05 RP2011 Hester Center-Exterior Door&Window Replacement Kevin Ramsey 50% Construction 303-4209-572.63-05 RP2016 Hester Center-Bathroom,Locker Room,&Int.Door Renovations Kevin Ramsey 0% Requisition/Purchase Order 303-4209-572.63-05 RP1826 Hester Center-Basketball Court Resurfacing Gail Mootz Scheduled Construction 303-4209-572.63-05 RP1908 Hester Center-Scrub Fence Gail Mootz Repairs Completed COMPLETE 303-4209-572.62-01 RP1904 Hester Center-Concesion Building Renovation Gail Mootz 100% COMPLETE 303-4223-572.62-01 RP20xx Intracoastal Park-Carpet Replacement Gail Mootz After CH move On-hold 303-4223-572.62-01 RP1921 Intracoastal Park-Intracoastal Parking Lot Resealing Jose Murray 100% COMPLETE 303-4223-572.62-01 RP20XX Intracoastal Park-Clubhouse&Main Pavilion Exterior Paint Kevin Ramsey Requisition/Purchase Order 303-4223-572.62-01 RP1822 Intracoastal Park-Refurbish restrooms Kevin Ramsey 100% COMPLETE 303-4223-572.62-03 RP1823 Intracoastal Park-Refurbish restrooms ADA Kevin Ramsey 100% COMPLETE 303-4223-572.63-05 RP Intracoastal Park-Cans,tables,benches Matt Doyle Bid 303-4235-572.63-50 RP2004 Jaycee Park-Interpretive Art Debby Coles-Dobay Not Started 303-4235-572.62-01 RP1825 Jaycee Park-Restroom Building Exterior Painting Gail Mootz 100% COMPLETE 303-4235-572.62-01 RP1827 Jaycee Park-Parking Lot Resealing Jose Murray 100% COMPLETE 303-4235-572.62-01 RP1828 JayceePark-Paint Pavilions Gail Mootz 100% COMPLETE 303-4299-572.62-03 RP2017 Kiwanis Sierra Park-ADA* Gary Dump er 100% COMPLETE 303-4237-572-63.05 RP1830 KnollwoodPark-ParkingLot Jose Murray 100% COMPLETE 303-4231-572-63-05 RP2014 Laurel Hills Park-Basketball Court Restoration Gail Mootz 100% COMPLETE 303-4220-580.62-01 RP1902 Little League Park Fields 1,2,3,4 repair dugouts Gail Mootz 100% COMPLETE 303-4227-572.62-01 RP18 Mangrove Park-Flooring Andrew Mack Re-evaluating Project 303-4227-572.63-05 RP18xx Mangrove Park-Fence Repair Andrew Mack Re-evaluating Project 303-4227-572.63-05 RP18xx Mangrove Park-Bench replacement Andrew Mack Re-evaluating Project Pa�ge�1�+o�f fy31� S:\PW\02 Mack\Agenda Items\2020\FY 19-20 CIP Quarterly Reports\Apri l\CIP 2019-2020 Monthly Summary Report as of April 7(Fund 302,303)-5yr.xlsx Flage0 C7C:.7CJ' Vf 863 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN FUND 303 PROPOSED CIP BUDGET -FUNDED BY SALES SURTAX FY 2019/20 to FY 2023/24 SALES SURTAX CAPITAL IMPROVEMENT PROGRAM Account Number Project Project %Complete Project Manager Status PROJECT NAME Fund-Location-Exp Number 303-4227-572.63-05 RP1837 Mangrove Park-Interpretive markers Andrew Mack Re-evaluating Project 303-4227-572.63-05 RP1838 Mangrove Park-Refurbish Restrooms Andrew Mack Re-evaluating Project 303-4227-572.62-03 RP1839 Mangrove Park-Refurbish Restrooms ADA Andrew Mack Re-evaluating Project 303-4227-572.62-03 RPxxxx Mangrove Walk at the Marina-ADA* Andrew Mack Re-evaluating Project 303-4216-572.62.01 RP2005 Meadows Park-Site Improvements(Design&Construction) Paola Mendoza 30% Design 303-4216-572.62.01 RP1842 Meadows Park-Restroom Building Exterior Painting Gail Mootz 70% Construction 303-4216-572.64.03 RP1843 Meadows Park-Fitness Trail Equipment Gail Mootz 100% COMPLETE 303-4216-572.63.05 RP1845 Meadows Park-Pathways/Sidewalks Repair Paola Mendoza Re-evaluating Project 303-4216-572.63.05 RP1846 Meadows Park-Tennis Courts Fencing Gail Mootz 100% COMPLETE 303-4216-572.62.01 RP1841 Meadows Park-Restroom Refurbishment Kevin Ramsey Bid 303-4216-572.62.03 RP1912 Meadows Park-Restroom Refurbishment ADA Kevin Ramsey Bid 303-4216-572.63.05 RP1913 Meadows Park-Pavilions Roof Paint Gail Mootz 70% Construction 303-4216-572.63.03 RP1848 Meadows Park-Playground Equipment ADA Paola Mendoza Re-evaluating Project 303-4216-572.62.01 RP1923 Meadows Park-Paint Pavilions Gail Mootz 70% Construction 303-4210-572.62-01 RP1952 Oceanfront Park-Parking Lot Lights Gail Mootz 100% COMPLETE 303-4210-572.62-01 RP20XX Oceanfront Park-Replace Cans,Benches,Cart Corrals Matt Doyle Bid 303-4210-572.62-01 RP1917 Oceanfront Park-Maintenance Building Repairs Kevin Ramsey 10% Pre-Design 303-4210-572.62-01 RP1918 Oceanfront Park-Masonry Pavilion Grill Kevin Ramsey Re-evaluating Project 303-4210-572.62-01 RP2023 Oceanfront Park-Pavilion Retaining Wall Repair Gail Mootz Requisition/Purchase Order 303-4210-572.63-05 RP1850 OceanfrontPark-Sealcoat parking lot Art Brode 100% COMPLETE 303-4210-572.63-03 RP1850 Oceanfront Park-Sealcoat parking lot ADA Art Brode 100% COMPLETE 303-4210-572.63-05 RP1851 Oceanfront Park-Asphalt pathway Kevin Ramsey Pre-Design 303-4210-572.63-50 RP1906 Oceanfront Park-Art Turle Restoration Debby Coles-Doba 100% COMPLETE 303-4210-572.63-05 RP2006 Oceanfront Park-Beach Shower Gail Mootz Requisition/Purchase Order 303-4210-572.62-01 RP2019 Oceanfront Park-Lifeguard Office Renovation Requisition/Purchase Order 303-4211-572.62-01 RP1862 Oyer Park-Park Ramp Assessment Kevin Ramsey 70% Design 303-4211-572.62-01 RP1957 Oyer Park-New Dum ster Enclosure Andrew Mack 10% Design 303-4232-572-62.03 RP1858 Palmetto Greens Linear Park-Playground ADA Kevin Ramsey 100% COMPLETE 303-4232-572-62.03 RP1859 Palmetto Greens Linear Pk-Re lace/maintain Picnic tables ADA Matt Doyle Bid 303-4232-572-62.01 RPxxxx Palmetto Greens Linear Park-Paint pavilion Kevin Ramsey 100% COMPLETE 303-4232-572-63.05 RP16 Palmetto Greens Linear Park-Parking Lot Sealcoat Gail Mootz 100% COMPLETE 303-4232-572-62.03 RP16 Palmetto Greens Linear Park-Parking Lot Sealcoat ADA Gail Mootz 100% COMPLETE 303-4115-572.63-05 RP1907 Pence Park-Redesign of entire park Paola Mendoza 20% Design 303-4115-572.63-03 RP2003 Pence Park-Parking Spaces,new ADA Gary Dump er 100% COMPLETE 303-4217-572.62-03 RP20xx Pioneer Canal Park-Fishing Pier Path ADA Gail Mootz COMPLETE 303-4217-572.63-05 RP2022 Pioneer Canal Park-Tennis Court Fencing Gail Mootz Requisition/Purchase Order 303-4217-572.63-05 RP2021 Pioneer Canal Park-Basketball and Tennis Courts Gail Mootz Requisition/Purchase Order 303-4218-572.63-05 RP1875 Sara Sims Park Pavilion Gary Dumnyer 100% COMPLETE 303-4218-572.63-05 RP1820 Sara Sims Park Improvement Gary Dunrn er 100% COMPLETE 303-4111-572.62-01 RP2013 Senior Center-Reconstruct Parking Lots Andrew Mack 20% Design 303-4212-572.63.05 RP1879 Tennis Center-Parking Lot Sealcoat Jose Murray100% COMPLETE 303-4212-572.62.03 RP1879 Tennis Center-Parking Lot Sealcoat ADA Jose Murray 100% COMPLETE 303-4212-572.63.05 RP1880 Tennis Center-Parking Lot Median Upgrade Gail Mootz Re-evaluating Project 303-4212-572.62.01 RP1881 Tennis Center-Entry Sign Matt Doyle Pre-Design 303-4299-572.62.03 1 RP2018 Veterans Park-ADA* Gary Dunrnyer Not Started TOTAL RECREATION AND PARKS PROJECTS 303-4225-580.62-01 RP1901 Fire&Rescue Training Site at FS#5 Gail Mootz 70% Construction 303-4131-522.62-01 FA20xx Fire Station 1-Vehicle Exhaust System(Town Sqaure) MattPetty Procurement/Legal Review 303-4199-522.62-01 FA2006 Fire Station 2,4&5-Kitchen Renovations Kevin Ramsey Requisition/Purchase Order 303-4126-522.62-01 FA2004 Fire Station#2-Women Restroom Repair Kevin Ramsey 20% Construction 303-4127-522.63-15 FA1804 Fire Station#3-Parking Lot Resealing Jose Murray Re-evaluating Project 303-4128-522.62.01 FA2007 Fire Station#4-Kitchen Renovation Kevin Ramse Requisition/Purchase Order 303-4128-522.62.01 FA20XX Fire Station#4-Paint Apparatus Bay Gail Mootz Requisition/Purchase Order 303-4128-522.62.01 FA20XX Fire Station#4-Replace Apparatus Bay Gail Mootz 100% COMPLETE 303-4128-522.62.01 FA2005 Fire Station#4-Sealcoat Parking Lot Jose Murray 100% COMPLETE 303-4129-522.62-01 FA1808 Fire Station#5-Pressure Wash&Patch Exterior Kevin Ramsey After PD move On-hold 303-4129-522.62-01 1 FA1903 Fire Station#5-Interior Painting Kevin Ramsey Scheduled On-hold TOTAL PUBLIC SAFETY PROJECTS 303-4101-580.64-15IT1811 PC Replacement Charles Stevens 100% COMPLETE 303-4101-580.64-15 IT1903 Replace VMware Hosts Charles Stevens 100% COMPLETE 303-4104-580.64-14 1 IT1901 Library Dept.-Integrated System/RFID Inventory System Craig Clark 20% Construction Page 2 of 3 S:\PW\02 Mack\Agenda Items\2020\FY 19-20 CIP Quarterly Reports\Apri l\CIP 2019-2020 Monthly Summary Report as of April 7(Fund 302,303)-5yr.xlsx Page-3. 7p of 863 CITY OF BOYNTON BEACH CAPITAL IMPROVEMENT PLAN FUND 303 PROPOSED CIP BUDGET -FUNDED BY SALES SURTAX FY 2019/20 to FY 2023/24 SALES SURTAX CAPITAL IMPROVEMENT PROGRAM Account Number Project Project %Complete Project Manager Status PROJECT NAME Fund-Location-Exp Number 303-4119-580.64-14 IT20xx Automatic Vehicle Location Program-Police Craig Richards 10% Design 303-4119-580.64-14 IT20xx Real Time Crime Center-Police Craig Richards Procurement/Legal Review 303-4119-580.64-15 IT2010 Network Equipment for Police Building Craig Richards 60% Construction 303-4101-580.64-15 IT20xx Emergency IT Equipment Replacement Charles Stevens On-Going 303-4101-580.64-15 IT2001 Install Fiber Optic Cable-North Tower Site Charles Stevens 20% Design 303-4101-580.64-15 IT2002 Network Infrastructure-New City Hall Charles Stevens 20% Construction 303-4101-580.64-15 IT2003 Network Infrastructure-Open Areas Town Square Charles Stevens Scheduled Construction 303-4101-580.64-15 IT2004 Network Infrastructure-Fire Station 1 Charles Stevens 80% Construction 303-4101-580.64-15 1 IT2005 Network Infrastructure-Old High School Charles Stevens 10% Construction TOTAL INFORMATION TECHNOLOGY PROJECTS 303-4904-541.63-24 CP0263 Sidewalks-Replacement Gary Durunyer 70% On-Going 303-4905-580.63-08 TRI 601 Model Block 10th&11th Avenue Andrew Mack 100% COMPLETE 303-4904-541.63-03 TRI 701 Sidewalks Ramp-ADA(estimate) Gary Dunrnyer 90% Construction 303-4905-580.63-08 TR2001 South East 1st Street Improvement&Design Partial Utility Funded Gary Duma er Not Started 303-4905-580.63-08 CP0266 Street Maintenance/Irnpv. Gary Durunyer 90% On-Going 303-4906-541.63-22 TRO903 Bride Repair-Maintenance&Improvements Gary Dump er 10% Design 303-4905-541.63-23 1 TRI 001 1 FEC Crossing Upgrade Gary Duma er 100% COMPLETE TOTAL TRANSPORTATION/ROADWAY PROJECTS Page 3 of 3 S:\PW\02 Mack\Agenda Items\2020\FY 19-20 CIP Quarterly Reports\Apri l\CIP 2019-2020 Monthly Summary Report as of April 7(Fund 302,303)-5yr.xlsx Page-368p of 863 LU CL 3 CL ca co "- o C) C) CD CD CD CD CD CD a 0 C) 1--i CDCD CD CD q C) "T V� CD CD CD CD q* L'i n 'R cz� cz� � Lrl Ili lyIII 00 Lf) LLJ U 7r LO LO LO LO LO Lf) Le) V� CU 0) 0 u v 0 0 0 u C� C� C� C� 0 0 0 0 0 0 0 0 0 0 0 C� t E Ln m Q) > > r4 2 0 tw CL ix 3 CL ca co (D 4-- 0 Ln Ln 0 uz u0 0 00 All > 0 CY) m V) r4 r4 r4 0. C r4 r4 r, to (D Ln -Fo -0 3 Ln Ln Ln 0 > 7z 0 I m 0 N 0 < r4 CL F__ 0 rn CL rn 0 rn 0 rn rn 0 rn rn rn E 1 0 m UD Q3 cr Q) cu o0 0 CC .0 Q) m Q co > Q) 0 O 0 E� 0 0 orz rz > c Q, v a) C, 0 m Oo 0 > u Q) = 'o — c 0 0 0cu _j UQJ QJ E QJ bD Z < rz Q) bD Q) 0 a) 0 W Ln u Q, E co Q) Q) co cu cu to Q) C: Q) C, 0 0 0 U U �i ' V) Q) V) E Q) Q) C: .6 0 TO � - '6 W Q) Ln Q) Q) -1 2' _- 2' cu I 0 Z LL CL LL CL a) x 00 0 0 X x 0 0 0 r-I rw -. 0 0 r-I w w N N r4 r4 r4 CL V) < <9L CL V) LL LL < 6.H. CONSENTAGENDA 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on March 18, 2020. Explanation of Request: The City Commission met on March 18, 2020 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? Grant Amount: ATTACHMENTS: Type Description D Minutes 03-18-2020 Minutes Page 371 of 863 Minutes of the City Commission Meeting Held in the Intracoastal Park Clubhouse 2240 N. Federal Highway, Boynton Beach, Florida On Tuesday, March 18, 2020, at 5:30 p.m. Present: Steven B. Grant, Mayor Lori LaVerriere, City Manager Mack McCray, Commissioner James Cherof, City Attorney Christina L. Romelus, Commissioner Crystal Gibson, City Clerk Ty Penserga, Commissioner Absent: Justin Katz, Vice Mayor 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 p.m. Invocation — Commissioner McCray provided the invocation. Pledge of Allegiance to the Flag led by Commissioner McCray. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add to Administrative, Item 2-B regarding Commissioner Romelus donating Community Support Funds to the Florida Youth Rugby Union. Mayor Grant also requested to add a discussion regarding part-time hourly independent contractors (school crossing guards), under New Business, Item A. 2. Adoption Motion Commissioner McCray moved to approve the agenda as amended. Commissioner Penserga seconded the motion. The motion unanimously passed. B. Proposed Emergency Ordinance No. 20-008 -An emergency ordinance of the city of Boynton Beach, Florida, authorizing the city manager to make provisions for electronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for Page 372 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 public participation by telephonic or electronic means; providing for automatic delay of finality of official action pending public comments; and, providing an effective date. Attorney Cherof read proposed Emergency Ordinance No. 20-008 into the record. Attorney Cherof provided some background information on the ordinance and stated the City of Boynton Beach and other municipalities have been waiting almost two weeks for the state to provide guidance regarding public meetings. There is a governor's executive order, which makes specific reference to local governments granting broad powers to local governments. In addition, the general counsel for the Florida League of Cities wrote to the governor outlining the interest of all 412 municipal governments in the State of Florida requesting a specific executive emergency order addressing public meetings. The reason this ordinance is before the Commission is that it did not seem prudent to wait for the state government to deal with a local issue, which needs addressing. The state government has taken the position that issues relating to public safety and emergencies are unique to certain areas of the state. This emergency ordinance, which is temporary, makes the provisions for action taken by the City Commission to occur with less than a quorum being present. If there is a quorum by telephone, it would be acceptable. It provided for recording of the commission meetings and posting of those meetings on the city webpage and a 48-hour period, which the public could make their comments electronically, in writing or via telephone message. If a member of the public wants to address any item on commission action, after the expiration of the 48 hours that action does not become final until the comments of the public are taken into consideration at the next meeting. If there is an agenda item without comments, that agenda item become final after the 48 hours. Attorney Cherof believes this was a proper balance legally, between the need either for the public to participate in public meetings, electronically or by telephone. Attorney Cherof noted since this was an emergency this ordinance does not require a second reading. Commissioner McCray inquired as to who would be the person to contact regarding this ordinance. Attorney Cherof replied there was a dedicated telephone line in the City Manager's office. The telephone communications will be recorded and made part of the official record of the minutes of the next commission meeting. There is also an email address available, which would also be made available. Commissioner Penserga requested the telephone number and the email address. Lori LaVerriere, City Manager, noted once the ordinance is adopted, staff will upload the information on social media after the ordinance has been adopted. Ms. LaVerriere provided the telephone number of 561-742-60067 the email address, cit ranaer bbfi.us. Commissioner McCray inquired if there would be a waiting period prior to items being adopted. 2 Page 373 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Attorney Cherof replied only on items, which the public has made a comment. There is no final action until the next meeting. Commissioner McCray stated this is the right direction. Commissioner Penserga asked if this would allow for video conferencing. Attorney Cherof responded yes, or by telephone would be available. Mayor Grant asked about the public hearing items and indicated this would be going on after the fact. Mayor Grant requested to allow public comment cards available prior to a ruling being made. Attorney Cherof responded when staff publishes the agenda, a notice is placed on the item. If the public would like to make a comment, he expressed there could be a dedicated telephone line into the commission meeting. They could also be given the opportunity to make comments within 48 hours after the meeting has been posted. Mayor Grant indicated his concern would be to hear public comments before the ruling on an issue, not after, especially if it is a quasi-judicial item. He indicated this was not necessarily a law that goes beyond the Florida Sunshine Law, because it is not codified into the Florida Statutes. One of the big things about the Florida Sunshine Law was the ability to cure it. If someone does not want an item to be approved unless there is public hearing, then the city needs to wait until there is capability to have public input. He expressed there are third party vendors which have the ability for the public to call into the meeting. He indicated this does not apply to the consent agenda. Staff needs to work on this for the public hearing aspect. Attorney Cherof stated there could be a special notice in the special hearing section of the published agenda. Mayor Grant noted the public needs to have the ability to make comments before the meeting as a public record. He stated he received emails on items, which are going to be tabled, which would be not part of the public record. He does not feel only having just the presenter does not give a fair representation to the residents. Requested staff to have the public comment cards available to the public, including the telephone number and emails would be a part of the meeting. The public still has 48 hours to make public comments if they can move forward, if not, the item would be tabled. Lori LaVerriere, City Manager, noted the Information Technology Department is working on providing the ability to have the public call in live during the Commission meeting. John McNally, Director of Information Technology Services, indicated staff is looking at a couple of different options. One of the options is called Zoom, which would allow both web and video conferencing. He is under the understanding both Zoom and other options are overwhelmed. The City would have some type of capability for interaction with the public. 3 Page 374 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Ms. LaVerriere stated there would be extra effort taken on social media and the website to remind the public to review the agenda and provide comments. Mayor Grant stated the issue is not everyone has electronic access. Inquired if staff was planning on printing out the agenda, if requested, or placed on a flash drive and given to the public. Asked about audio recording of the meetings and them possibly being placed on the website as a zip file. Ms. LaVerriere stated there are recordings of each commission meeting. Commissioner Penserga inquired if the city uses a platform such as Zoom does it have the options like Facebook Live, to provide comments as the meeting airs. Mr. McNally responded that it depends on the platform and the options selected. Mr. McNally stated one of the options would be to have something like a webinar with the ability to have the public to raise their hand, then forward their comments to the Commission. This would be interactive participation. Commissioner McCray asked how long it takes for the video version to upload onto the YouTube channel. Mr. McNally responded the video is usually processed and uploaded the next morning before noon. Commissioner McCray expressed concern with changes to the agenda once published, such as walk-on items, and inquired about the reason to why the TV station was cancelled. Ms. LaVerriere responded it was due to not having staff support and low viewership. Mr. McNally stated the TV station was only broadcasted on Comcast. There was no way to monitor the viewership of that station. This only reached a faction of the potential viewership. Commissioner McCray indicated YouTube should be available at the library for those without computers. Ms. LaVerriere responded YouTube can be accessed on public computers at the library. Commissioner Penserga stated Comcast has made their Wi-Fi network open and available to the public for free for the next two months. Commissioner Romelus stated she was open in favor of public comment cards to make sure anyone can participate. Mayor Grant said this was not a part of this ordinance. Commissioner McCray stated comment cards should be made a part of this ordinance. Attorney Cherof indicated he added a provision on page 4, paragraph F, which allows for flexibility and the City Manager to make changes on how business is conducted. Attorney 4 Page 375 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Cherof stated there may be an Executive Order which dictates how the City must address this concern. Mayor Grant indicated it needs to be a part of having the public comments or statement read into the record. Motion Commissioner McCray moved to approve. Commissioner Romelus seconded the motion. The motion unanimously passed. City Clerk Gibson called the roll. Vote 4-0 (Vice Mayor Katz absent) 2. Other A. Informational items by Members of the City Commission Commissioner McCray and Commissioner Romelus congratulated Commissioner Penserga on the election. Commissioner Penserga stated if we do proceed to have any type of curfew to have more time for informing the public. Mayor Grant extended congratulations to Commissioner Penserga and Mr. Hay and to all the newly elected officials of Palm Beach County. On March 6th, he attended breakfast week at Galaxy Elementary School and attended a Senior Health Fair and Resiliency Round Table. Mayor Grant stated he has been asked why he has not done things in the City. He Indicated he backs the City Manager in all the decisions that she makes regarding keeping the City safe and have some type of normalcy. He stated only 2,500 people have been tested out of 20M people in the state of Florida. He encouraged residents if they do not need to be out, please remain at home. The City and staff do not turn off water, but provide an extension. He indicated he personally received a letter from the courts stating all nonessential hearing have been canceled. Thanked Commissioner McCray for the invocation and thanking God for all He has provided. Lori LaVerriere, City Manager, stated the city is modifying the way things work. Indicated the city is working with Feeding South Florida drive up food distribution at the Hester Center weekly, serving a need in the community. Mayor Grant suggested to keep the 6-feet distance. Commissioner McCray asked how burials in the City of Boynton Beach would be handled. 5 Page 376 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Ms. LaVerriere said the City is encouraging the families to be mindful and limit the amount of members at the cemetery site. The staff have been provided with PPE protective gear. 3. Announcements, Community and Special Events and Presentations - None 4. Public Audience — None 5. Administrative A. Approve the request of Mayor Grant to distribute $200 of his Community Support Funds to the HATT Foundation. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion, which unanimously passed. B. Approve the request of Commissioner Romelus to distribute $1000 of her Community Support Funds to the Florida Youth Rugby. Motion Commissioner Penserga moved to approve. Commissioner McCray seconded the motion, which unanimously passed. C. Appoint eligible members of the community to serve in vacant positions on City advisory boards Motion Mayor Grant nominated Dale Sugerman to the Building Board of Adjustments and Appeals (REG). Commissioner Penserga seconded the motion, which unanimously passed. Motion Commissioner McCray nominated Mariah Kinlaw-Hamilton to the Education and Youth Advisory Board (STU). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner McCray nominated Ace Ratcliff to the Library Board (REG). Commissioner Romelus seconded the motion, which unanimously passed. 6 Page 377 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Motion Mayor Grant nominated Alison Black to the Senior Advisory Board (REG). Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner McCray tabled his nomination. Mayor Grant seconded the motion, which unanimously passed. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments Commissioner Penserga pulled Item D. A. Legal Expenses - February 2020 - information at the request of the City Commission. No action required. B. Proposed Resolution No. R20-022 - Authorize the City Manager to enter into a Kiosk Agreement, Addendum to Kiosk Agreement and End User License Agreement with Java Connections to purchase LaptopsAnytime kiosks that will house 36 laptops for Library customer use inside the Library. C. Proposed Resolution No. R20-023 -Authorize and direct staff to apply for a grant from the Florida Inland Navigation District (F.I.N.D.) for financial assistance to renovate and improve the boat ramps at Harvey E. Oyer Park. D. Proposed Resolution No. R20-024 -Authorize the installation of honorarium signs for a portion of NE 9th Ave. in honor of Rev. Lance Chaney. Mayor Grant read the proposed Resolution No. R20-024 into the record by title. Commissioner Penserga asked what was the policy on naming streets as an honorarium. Commissioner McCray responded there is a policy. The policy recognizes a person who has been a positive influence in the community. Ms. LaVerriere indicated this was up to the Commission. Page 378 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Mayor Grant asked if the city was responsible for the signs. Ms. LaVerriere indicated the City would make the signs. Commissioner McCray suggested placing the sign on St. John Missionary Baptist Church property. Ms. LaVerriere stated she would speak with representatives at St. John Missionary Baptist Church. Commissioner Romelus inquired if there were any other names for NE 9th Ave. Motion Commissioner Romelus moved to approve. Commissioner McCray seconded the motion, which unanimously passed. E. 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 March 18, 2020 - "Request for Extensions and/or Piggybacks." F. Accept the written report to the Commission for purchases over $10,000 for the month of February 2020. G. Accept the Fiscal Year 2019-2020 Budget Status Report of the General Fund and the Utilities Fund for the fourth (4) month period ended January 31 , 2020, Unaudited. H. Approve minutes from the City Commission meeting on March 3, 2020. Motion Commissioner McCray moved to approve the consent agenda as amended. Commissioner Romelus seconded the motion, which unanimously passed. 7. Consent Bids and Purchases Over $100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for March 18, 2020- "Request for Extensions and/or Piggybacks." B. Award task order F-20-2020 Hester Center Restroom and Locker Room Renovations, part of Bid No. 018-2511-18/IT for Minor Construction Services, and authorize the City Manager to issue a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of $155,717. Motion 8 Page 379 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Commissioner McCray moved to approve as presented. Commissioner Romelus seconded the motion, which unanimously passed. 8. Public Hearing A. Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd. Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two-Family Residential District to C-2 Neighborhood Commercial District (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Mayor Grant noted the applicant requested to table to the April 7, 2020 Commission Meeting. Mayor Grant said he spoke with the applicant and they are willing to wait until after the Emergency Ordinance ends. Mayor Grant requested to table until the May 5, 2020 meeting. Motion Commissioner McCray moved to table proposed Ordinance Nos. 20-006 and 20-005 to the May 5, 2020 Commission Meeting. Commissioner Romelus seconded the motion, which unanimously passed. B. Approve request for Conditional Use and Major Site Plan Modification (COUS 20- 002 / MSPM 20-002) for Southland Corp Tax Dept #1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six (6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (The applicant has requested to continue this agenda item to the April 7, 2020 Commission Meeting.) Motion Commissioner McCray moved to table to the May 5, 2020 Commission Meeting. Commissioner Romelus seconded the motion, which unanimously passed. C. Proposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban 9 Page 380 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the April 21, 2020 Commission Meeting.) Mayor Grant indicated he has not spoken to the applicant. This item is outside of the emergency order. Motion Commission Penserga moved to approve tabling this item to April 21, 2020. Commissioner Romelus seconded the motion, which passed unanimously. D. Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the April 21, 2020 Commission Meeting.) Motion Commissioner McCray moved to approve tabling this item to April 21, 2020. Commissioner Romelus seconded the motion, which unanimously passed. 9. City Manager Report A. Award of the City of Boynton Beach Entrepreneurship and Business Incubation Grants in the amount of $30,000 to the three (3) first ranked grant applicants in the three (3) categories that received responses and provide consensus with staff recommendation to redirect the remaining funding, in the amount of$20,000, to support the future City Hall Innovation Space programs and infrastructure. David Scott, Director of Economic Development and Strategy, requested Commission approval of the award of three of the entrepreneurship grants, in the amount of 30,000 for the two respondents. The Commission has budgeted $50,000 per year for entrepreneurship grants. In response to the Commission's directions, the grants were opened to more groups. The grants were reduced to $10,000. The City is seeking to support business incubators in the form of grant financing for a total of$10,000 per grant. The City publicized the grant opportunity through its website, social media, and direct email to stakeholder partners such as the Business Development Board, Boca/Boynton Beach Chamber of Commerce, Palm Beach State College, South Tech, and others. The City budgeted $50,000 for the Entrepreneurship and Business Incubation Grant Program. Zo Page 381 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Within the grant program, $40,000 for Business Incubators that focus on women, youth, technology, and minority-owned businesses, and $10,000 for four individual grants of $2,500 to Working Groups on Entrepreneurship in each focus area. The City has established four focus areas in entrepreneurship: Sustainability, Hospitality/Tourism, Health, and the Gig-Economy for Entrepreneurship. The grant application period opened on January 22, 2020 and closed on February 17, 2020. He indicated only two organizations responded to the three (3) grant categories. An internal team of City and CRA staff was formed to evaluate each grant submitted based on the published evaluation criteria for each grant category. Once all grant applications were received, they were distributed to the grant evaluation team for independent review and scoring. The total scores were tallied and ranked as follows: Business Incubation Grant Program —Women Owned Business: 1st - Be. Lead.Grow., LLC $10,000 2nd - GBDC Entrepreneurship Institute Business Incubation Grant Program — Minority Owned Business: 1st - Be. Lead.Grow., LLC $10,000 2nd - GBDC Entrepreneurship Institute Youth Entrepreneurship Business Incubation Grant: 1 st - GBDC Entrepreneurship Institute Mr. Scott requested to redirect the remaining $20,000 funds to go towards an innovation incubation space at the new Town Square, to support the next operator for that space. Commissioner Romelus inquired how many applicants applied for the grants. Mr. Scott replied two. Commissioner Romelus inquired if the buildout of the incubation space was included in City Hall budget. Ms. LaVerriere stated the internal buildout was not included. Commissioner Romelus asked if the plan was always to use this funding for the incubator space. If the Commission allocated $50,000 to be used toward the entrepreneurship grants, she would not be in agreement to use the excess fund for the incubator space. This should be allocated towards the applicants. The grants need to be reevaluated. She believes there is more opportunity out there. Mr. Scott stated this would provide for an operator to come in and use the space. The space would provide funding for an incubator. Requested to redirect funds for the buildout for an operator which would incubate businesses on behalf of the city. 11 Page 382 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Commissioner Romelus clarified the funds would not be used to buildout the space but used for an operator for an incubator. Mr. Scott stated the space would be for an operator to incubate businesses for the city. Commissioner Penserga asked if Mr. Scott was seeking consensus as to what is to be done with the additional funding. If the allocation is approved, if there is an operator, this would need to come back before the Commission for approval. Mr. Scott stated yes. Mayor Grant suggested providing more funding to the businesses, which applied for the grants. Mr. Scott replied if this was the Commission's direction. Ms. LaVerriere shared feedback from recipients: if offering smaller grants, it was not worth applying for the grant. Originally, the grants were larger. Ms. LaVerriere noted if the funds are not awarded, the funds would go back into the general fund; it does not carry over. Mayor Grant asked if these were not CBDG funds. Ms. LaVerriere said that was correct. Mayor Grant indicated the remaining funds are going back to the general fund. Commissioner Penserga stated he was in favor of the buildout of the incubator space; he was also in favor of reassessing the nature of the grant program. He stated that it is a tremendous amount of work to get $2000. He would like to make a larger impact. Mr. Scott indicated there were some after-action forensics, and stated the grants were too small. The recipients were looking for a larger grant award. Commissioner Romelus suggested considering using the remainder of the funds to source a program to help get the program off the ground and asked would the board consider splitting the grant to increase the amount of funds. Mr. Scott stated there were three grants. Mayor Grant stated the grants were advertised in a specific manner, even though the Commission has the authority to change, it should not be changed at this point. Commissioner McCray stated he was not in favor of change at this point. Motion Commissioner McCray moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. Ms. LaVerriere requested clarification on the motion. Is the balance of the funding supporting the incubator efforts at City Hall? 12 Page 383 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 Commissioner McCray provided clarification, recommendation to redirect the remaining funding, in the amount of $20,000, to support the future City Hall Innovation Space programs and infrastructure. 10. Unfinished Business Commissioner McCray asked what happened to the job fair information update. Ms. LaVerriere stated this was one of the items, which was pulled from the agenda. She spoke with Sophia Nelson and Michael Corbet. This was pulled because of public comment. When the City is ready, they are ready to present. 11. New Business A. Hourly crossing guard /independent contractors. Mayor Grant asked with the schools being closed, are the school crossing guards still being paid? Ms. LaVerriere stated the City pays about $300,000 to a vendor which employs the school crossing guards. With the school district closing, she does not know of the impact. Mayor Grant stated the City needs to support the school crossing guards. They need to be a part of the economy. He does not believe they should stop paying those funds. Commissioner Penserga asked about the contract. Ms. LaVerriere stated these are not employees of the City. The employees are hired by a third-party contractor. There is no mechanism in place to pay them directly. Mayor Grant stated the city cannot bypass the vendor, if the vendor indicates the employee cannot work. Police Chief Michael Gregory stated what was said was correct; the city has no means to pay a third party without their consent. Commissioner Romelus asked if these costs have already been paid with the expectation of services being rendered. Is there a refund of the monthly amount? Ms. LaVerriere stated the funds are being paid monthly; the City will not pay for services not being rendered. Commissioner McCray said he understands what is being said. For many of these people, this is a supplemental income. Stated the school crossing guards are funded 13 Page 384 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 until the end of the school term. He agrees with Mayor Grant to continue to pay the third- party vendor. Mayor Grant stated the he along with Commissioner McCray would like to pay the vendor even though the crossing guards would not be working. The School District of Palm Beach County is paying its teachers even though they are not teaching. Chief Gregory stated there are no guarantees, if the city continues to pay the vendor if they are obligated to pay the employee. Chief Gregory explained the city cannot control how private vendors pay their employees. Mayor Grant gave direction to the manager to do whatever they could do to help alleviate the stress to the independent contractors providing services to the City of Boynton Beach. Ms. LaVerriere expressed from an Inspector General standpoint, for the City to pay for services not being received is an issue. Help may need to come in a different form. It may need to come outside the existing contract. Mayor Grant instructed staff to do whatever can be done for the crossing guards. Commissioner McCray and Commissioner Penserga stated if there are no legal roadblocks, they agreed to help. Ms. LaVerriere inquired if this would be for the remainder of the school year. Mayor Grant indicated it would be. There was a consensus. Attorney Cherof commented there will be unanticipated city expenses for city employees, which are going to be on leave, when they run out of sick and vacation accrual. Ms. LaVerriere stated they have numerous part time employees to keep working. Attorney Cherof stated there needs to be a balance. Mayor Grant requested an employee update. Ms. LaVerriere stated there is going to be a plan in place on March 19, 2020. 12. Legal A. Proposed Ordinance No. 20-007-First Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and extending the 14 Page 385 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 time certain for the completion of projects described in the Community Redevelopment Plan. Attorney Cherof read proposed Ordinance No. 20-007 by title only, on first reading. Motion Commissioner Romelus moved to approve. Commissioner Penserga seconded the motion, which unanimously passed. Commissioner McCray asked for clarification. Mayor Grant explained this item was approved to extend to 2044, then the Florida Legislature approved it for 2039, unless the city enacted an ordinance with the end date. Clerk Gibson called the roll. Vote 4-0 (Vice Mayor Katz absent) 13. Future Agenda Items A. Quarterly Census Update - TBD B. Legislative Updates - TBD C. Commissioner Penserga requested a discussion on single occupancy restrooms possibly converting to gender neutral restrooms - TBD D. Presentation of 2019 Comprehensive Annual Financial Report - TBD E. Provide update on potential sale of Nichols property to Pulte Homes — TBD. F. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance — TBD G. Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - TBD H. The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - TBD I. Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. - TBD 15 Page 386 of 863 Meeting Minutes City Commission Boynton Beach, Florida March 18, 2020 J. Short presentation and discussion by utility staff regarding Septic Tank Inspections. — TBD K. Request by Mayor Grant to discuss Wellington's home-based business regulations. - TBD 14. Adjournment Motion There being no further business to discuss, Commissioner McCray made a motion to adjourn. Commissioner Romelus seconded the motion. The meeting adjourned at 6:35 p.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor - Justin Katz Commissioner—Woodrow Hay Commissioner— Christina Romelus Commissioner—Ty Penserga ATTEST: Crystal Gibson, MMC City Clerk Queenester Nieves, CMC Deputy City Clerk 16 Page 387 of 863 7.A. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for April 07, 2020- "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 AMOUNT SOLICITATION NUMBER TERM WGI- WANTMAN PROFESSIONAL City RFP No. 067- April 01, 2020 $140,000 GROUP SURVEY AND 2821-16/TP thru Annual MAPPING March 31, 2021 Estimate ENGENUITY SERVICES GROUP, INC_ AVI ROM & ASSOCIATES WHIDDEN SURVEYINGAND MAPPING, INC_ 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: Budgeted Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued Strategic Plan: Strategic Plan Application: Page 388 of 863 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Wantman Group Renewal Letter 3-37-20 RW D Addendum ENGENUITY GROUP Renewal Letter 3-27-20 RW D Addendum AVIROKA Renewal Letter RW 3-27-20 D Addendum Whidden Renewal Letter 3-27-20 RW D Addendum REQUEST FOR BID EXTENSIONS 100+ 4-07- 20 RW D Addendum 3-21-17 Survey & Mapping R17-028 Coversheet RW Page 389 of 863 The of 9 BoUnton Beach FinancelProcurement Services A 0, Bax 310 ,s Boynton 4e€rch, Florida 33425-0310 Telephone No; f561) 742-6310 FAX: (561)742-6316 March 4, 2020 PTsFQ,q� "PROFESSIONAL SURVEYA N MAPPING SERVICES" RFQ NO,.. 067-2821-16/TP Agreement between the City of Boynton Beach and WGI-WANTMAN GROUP: RENEWAL TERM; APRIL 1, 2020 THROUGH MARCH 31, 2021 X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year terra. No, I do not wish to renew the bid for the following reason(s) WGI-WANTMAN GROUP NAME OF COMPANY S1 RE p 1 ` e,- 0 Robert Hanson Vice President, Geospatial NAME OF REPRESENTATIVE TITLE (please print) March 6, 2020 561-687-2220 DATE (AREA CODE)TELEPHONE NUMBER R.obert.Hanson@wginc.cotn E-MAIL America's Gateway to the Gulf Streom Page 390 of 863 The City of Boynton Beach d Finance/Procurement Services P.O. Box 310 „ Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX. (561) 742-6316 March 4, 2020 RFQ: "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ NO. 067-2821-16/TP Agreement between the City of Boynton Beach and ENGENUITY GROUP, INC.: RENEWAL TERM: APRIL 1, 2020 THROUGH MARCH 31, 2021 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) ENGENUITY GROUP, INC. NAME OF COMPANY SIGNATURE C. Andre Rayman, PSM President NAME OF REPRESENTATIVE TITLE (please print) 3/4/2020 561-655-1151 DATE (AREA CODE)TELEPHONE NUMBER arayman@engenuitygroup.com E-MAIL America's Gateway to the Gulf Stream Page 391 of 863 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 March 4, 2020 Michael D. Avirom AVIROM &ASSOCIATES 50 SW 2nd Avenue Suite 102 Boca Raton, FL 33432 VIA EMAIL TRANSMITTAL TO: Mike@aviromsurvey.com RFQ: "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ NO. 067-2821-16/TP CURRENT AGREEMENT TERM: APRIL 1, 2019 THROUGH MARCH 31, 2020 Dear Mr. Avirom: The current agreement term for"PROFESSIONAL SURVEY AND MAPPING SERVICES" awarded to AVIROM &ASSOCIATES expires MARCH 31, 2020. We have been very happy with AVIROM &ASSOCIATES. The agreement documents allow for two (2) additional one-year extension and we would like to extend the agreement for an additional one-year period with the same terms, conditions and pricing. Please indicate your response on the following page and return it to Procurement Services via email to marmereCbbfl.us at your soonest convenience. If you should have any questions, please do not hesitate to call Eric Marmer, Senior Buyer at(561) 742-6318. Sincerely, Mara Frederiksen Director of Financial Services cc: Joseph Paterniti, P.E., Utility Director Taralyn Pratt, Contract Coordinator File America's Gateway to the Gulf Stream Page 392 of 863 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 March 4, 2020 RFQ: "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ NO. 067-2821-16/TP Agreement between the City of Boynton Beach and AVIROM & ASSOCIATES: RENEWAL TERM: APRIL 1, 2020 THROUGH MARCH 31, 2021 VYes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) AVIROM & ASSOCIATES a A NAME OF COMPANY SIGNATURE President NAME OF REPRESENTATIVE TITLE (please print) 561-392-2594 DATE (AREA CODE) TELEPHONE NUMBER E-MAI L America's Gateway to the Gulf Stream Page 393 of 863 The City go.yntozz Beach Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561)742-6310 FAX: (561)742-6316 I P March 4, 2020 i I i RFQ: "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ NO. 067-2821-16/TP i Agreement between the City of Boynton Beach and WHIDDEN SURVEYING AND MAPPING, INC.: RENEWAL TERM: APRIL 9, 2020 THROUGH MARCH 39, 2029 I X Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) WHIDDEN SURVEYING AND MAPPING, INC. NAME OF COMPANY SIGNATURE Thomas Whidden President NAME OF REPRESENTATIVE TITLE (please print) March 4, 2020 (561) 790-5515 DATE (AREA CODE) TELEPHONE NUMBER tom'a@whiddensurveying.com EMAIL America's Gateway to the Gulf Stream Page 394 of 863 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 April 07, 2020 REQUESTING DEPARTMENT. UTILITIES DEPARTMENT CONTACT:Joseph Paterniti, P.E. TERM:April 01, 2020 thru March 31, 2021 SOURCE FOR PURCHASE: City RFQ No.: 067-2821-1611T, ACCOUNT NUMBER: Costs of individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget VENDOR(S): Wantman Group, Inc. Avirom &Associates, Inc. Whidden Surveying and Mapping, Inc. Engenuity Group, Inc. ANNUAL ESTIMATED EXPENDITURE:$140,000 Annual Estimate DESCRIPTION: On March 21,2017, the City Commission approved RESOLUTION NO. R17-028 authorizing the City Manager to sign individual agreements with four(4) firms as a result of RFQ No.: 067-2821-16/TP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. The initial term was for a three (3) year period through March 31,2020. The Agreement may be renewed for an additional two (2) one-year terms with the same terms and conditions. The vendors have agreed to an extension for the 1 st one-year renewal term through 3/31/21. FISCAL IMPACT: The costs of the individual task orders will be paid from approved CIP budgets or other budget sources within the City's adopted budget. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: 3/21/2017 REQUESTED ACTION BY COMMISSION: PROPOSED RESOLUTION NO. R17-028 - Authorize the City Manager to sign individual agreements with four(4) firms as a result of RFQ No.: 067-2821-16/TP for Professional Survey and Mapping Services, individual task orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. EXPLANATION OF REQUEST: Term of agreement: APRIL 1, 2017 THROUGH MARCH 31, 2020 On January 17, 2017, the City Commission approved the list of top-ranked proposers identified by the Evaluation Committee from the responses received from RFQ No.: 067-2821-16/TP for Professional Survey and Mapping Services, who authorized staff to conduct negotiations with the firms as follows: Wantman Group, Inc. Avirom & Associates, Inc. Whidden Surveying and Mapping, Inc. Engenuity Group, Inc. The RFQ was advertised and submittals were opened on October 14, 2016. The City received thirteen (13) proposals whereby the top four (4) proposers were submitted to City Commission on January 17,2017 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.055, Consultants' Competitive Negotiations Act. Page 396 of 863 Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each of the firms, negotiation sessions were deemed unnecessary. Firms that showed higher rates were contacted for discussions. As a result, the Schedule of Professional Fees as attached will be fixed and firm for at least the initial three (3) year period. The Agreement may be renewed for an additional two (2) one-year terms with the same terms and conditions. Individual task orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of the each task. Task orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? This agreements will provide for the issuance of task orders in connection with projects for on- going capital improvements to enhance City-wide operations. Individual task orders in excess o $25,000 will be brought back to Commission for approval in accordance with the Purchasing Policies and Procedures. FISCAL IMPACT: Budgeted The costs of the individual task orders will be paid from approved CIP budgets or other budge sources within the City's adopted budget. ALTERNATIVES: Not approve the contract and re-issue the RFQ. STRATEGIC PLAN: STRATEGIC PLAN APPLICATION: CLIMATE ACTION: No CLIMATE ACTION DISCUSSION: Is this a grant? No Grant Amount: Page 397 of 863 ATTACHMENTS: Type Description D Resolution Resolution approving Agreements for Professional urveying and Mapping S ,services DAgreement Agreement Wantman D Attachment Wantman Rates D Agreement Agreement Avirom and Assoc D Attachment Avirom and Assoc Rates D Agreement Agreement Whidden D Attachment Whidden Rates D Attachment Engenuity Group Rates D Agreement Agreement Engenuity Group REVIEWERS: Department Reviewer Action Date Financial Services Approved 3/13/2017-10:22 AM Financial Services Approved 3/13/2017-10:22 AM Legal Swanson, Lynn Approved 3/13/2017-3:42 PM City Manager LaVerriere, Lori Approved 3/17/2017-9:5 Page 398 of 863 7.B. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve issuance of a purchase order to Beltmann Group, Inc. in the amount of$90,000.00 to provide relocation services for various departments from their current temporary locations back to their permanent location in Town Square, Police Department, and the Cultural Center in accordance with RFP No. 015-1210-18/IT, "Municipal Complex Relocation". Explanation of Request: As part of the process the City issued and advertised RFP No. 015-1210-18/IT, "Municipal Complex Relocation", with the intent to utilize a vendor to move out and back into City Hall, Police Department, Customer Service, Internal Affairs, Fire Station #1,Art Center, Civic Center, and the Cultural Center. On August 7, 2018 the City Commission approved selection of Beltmann Group Inc. to provide relocation services for the departments to their temporary locations. Based on the current schedule it is now time to award a purchase order to move the departments from their current temporary locations back to their permanent locations in Town Square, the Police Department, and the Cultural Center. Accordingly, Facilities Division staff contacted Beltmann Group, Inc. to provide a quote for relocation services from the temp locations of City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#1, and the Cultural Center, the estimated cost for this move is $90,000.00. How will this affect city programs or services? This will allow City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#1, and The Cultural Center to begin coordinating with the vendor as to scheduling how the move can be accomplished in the most efficient manner. Fiscal Impact: Budgeted Budgeted funding account#001-1214-512-49.17 Alternatives: N/A Strategic Plan: Strategic Plan Application: N/A Climate Action: No Page 399 of 863 Climate Action Discussion: N/A Is this a grant? No Grant Amount: Contracts Vendor Name: Beltmann Relocation, Inc. Start Date: 8/7/2018 End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Completion of moves for City Hall, Police Department, Customer Service, Internal Affairs, Fire Station#1, and The Cultural Center. ATTACHMENTS: Type Description Resolution R18-100 Beltman Contract 015-1210-181Tfor Relocation 02uotes Beltman - Relocation Offer Letter Page 400 of 863 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND RELOCATION SERVICES PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach,hereinafter referred to as 'the City", and BELTMANN GROUP INC., hereinafter referred to as °Contractor", in consideration of the mutual benefits,terms,and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform professional relocation services in connection with the RFP FOR MUNICIPAL COMPLEX RELOCATION SERVICES;RFP No.: 015-12104811T. 2. SCOPE OF SERVICES. Contractor agrees to perform the services, identified in Section II— Scope of Services and attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the Contractor to proceed. Contractor shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement will commence upon execution by all parties and shall terminate XXXX unless otherwise terminated pursuant to Section 15 of this Agreement. 5. COMPENSATION: 5.1 The City agrees to.pay to Cbnf dtor in the estOiW*O..amour of4.200,000,for>he.$ervices designated in t=zhibit"A All ayment for setvil�es shall be art as orr#ance with ifte dost as designated in the Compensation.Scheduie, ohe i heref0 aatid'incorpor herein as Exhibit B°,and invoiced by Contractor monthly, 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not.The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. 7. COMPLIANCE WITH LAWS. Contractor shall, in performing the services contemplated by this Agreement,faithfully observe and comply with all federal,state and local laws,ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Contractor shall indemnify, defend and hold harmless the City, its offices,agents and employees,from and against any and all claims,losses or liability,or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Contractor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. 9. INSURANCE. Successful Contractor shall,at a minimum, provide, pay for, and maintain in force at all times during the term of this Contract the following insurances: Commercial Liability Insurance-A Commercial Liability Insurance Policy shall be provided which shall contain limits of no less than One Million Dollars($1,000,000.00)per occurrence for bodily injury liability,personal injury liability and property damage liability on a per project basis,and shall contain limits of no less than a Two Million Dollars($2,000.000.00)aggregate. Page 401 of 863 Coverage must be afforded on a form no more restrictive than CG 20 10 10 01 and CG 20 37 10 01 Commercial Liability Policy,without restrictive endorsements, as filed by the Insurance Services Office and must include: premises and operations, independent contractors, products and/or completed operations for contracts, broad form contractual coverage applicable to this specific Contract including any hold harmless and/or indemnification Contract, personal injury coverage with employee and contractual exclusions removed and policy limits shall be applied on a primary and non-contributory basis. Professional Liability(Errors& Omissions) Insurance-Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate.Consultant shall notify the City in writing within thirty (30)days of any claim filed or made against its Professional Liability Insurance Policy.Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during course of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs,if any,of the project to the proportional extent caused by such negligent errors or omissions. Workers Compensation Insurance - Workers' Compensation insurance to apply for all employees in compliance with State Statutory limits, as may be amended from time to time, the'Workers'Compensation Law"of the State of Domicile, and all applicable Federal laws. In addition,the policy(ies)must include employers'liability with a limit of One Million Dollars ($1,000,000.00) each accident, One Million Dollars ($1,000,000.00) aggregate limit by disease and One Million Dollars ($1,000,000.00)each employee by disease. Additionally, if there will be operations undertaken on or about navigable waters, a coverage endorsement must be included for the U.S.Longshoremen&Harbor Workers Act and Jones Act.If exempt for Worker's Compensation, proper documentation shall be provided. Said general liability policy shall name the City of Boynton Beach as an'additional named insured"and shall include a provision prohibiting cancellation of said policy except upon thirty (30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen(15)days of execution of this agreement. 10.INDEPENDENT CONTRACTOR. The Contractor and the City agree that the Contractor is an independent contractor with respect to the services provided pursuant to this agreement, Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement.The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 11.COVENANT AGAINST CONTINGENT FEES. The Contractor warrants that he or she has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor,to solicit or secure this contract,and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor,any fee,commission,percentage,brokerage fee,gifts,or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract Page 402 of 863 without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,the full amount of such fee, commission,percentage, brokerage fee,gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Contractor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion,creed,age,sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15.TERMINATION. a.The City reserves the right to terminate this Agreement at any time by giving thirty (30)days written notice to the Contractor. b. In the event of the death of a member,partner or officer of the Contractor,or any of its supervisory personnel assigned to the project,the surviving members of the Franchisee hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City.This section shall not be a bar to renegotiations of this Agreement between surviving members of the Franchisee and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement,which cannot be resolved through negotiations,shall be submitted to a court of competent jurisdiction in Palm Beach County,Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere,City Manager City of Boynton Beach P,O. Box 310 Boynton Beach,FL 33425-0310 Notices to Contractor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Contractor. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30)days after the opening of the Bid unless the City announces intent to award sooner,in accordance with Florida Statutes 119.07. Page 403 of 863 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically,the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119,Fla. Stat.or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and,following completion of the contract,Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY;and D. Upon completion of the contract,Contractor shall transfer to the CITY,at no cost to the CITY,all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY,upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 100 E BOYNTON BEACH BLVD. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLEJ@BBFL.US Page 404 of 863 DATED this�""tlay of A __,20 CITY OF BOYNTON BEACH BY: Lori LaVerriere,City Manager AUTHORIZED OFFICER OF COMPANY TITLE: C L e Attest/Authenticated: PRINT NAME: � h DATE: o 0 , (CorporV eal) Judy Ie,City Clerk - Approved as t ormt, Attest/Authenticated: Jam Cher y Attorney ecret r s Page 405 of 863 EXHIBIT A SCOPE OF SERVICES 1. PURPOSE The City of Boynton Beach (the "City"), a political subdivision of the State of Florida, located in Palm Beach County, is soliciting proposals for professional relocation/moving services from experienced movers for the relocation of the City's Municipal Complex, which consists of the main City Hall building,the west wing (Development Department) and the east wing (Police Department.) All identified contents and furnishings will be moved to two (2) different temporary locations pending the completion of the recently approved Town Square Project. The projected timeline for the completion of this project is estimated to be 24-36 months. Upon completion of the Town Square project,the City will require moving services from the temporary locations to the new buildings.This RFP is also soliciting proposals for the final move. 2. BACKGROUND The Boynton Beach City Hall/Police Department is located at 100 E.Boynton Beach Blvd, Boynton Beach, Florida 33435. The City Hall includes various departments that provide City various services and the Police Department.The City Hall section of the building is approximately 53,000 square feet and the Police Department section of the building is approximately 18,000 square feet. The City of Boynton Beach began making plans to revitalize its downtown area that will include building a new 110,000 square foot City Hall/Library complex and a separate Police Station on another piece of City owned property. This will entail City Hall and Police to move into temporary locations during construction and then move into the new buildings once constructed. The existing City Hall/Police building will be torn down. 3. SCOPE OF SERVICES TO BE PERFORMED The Contractor shall fumish all labor/personnel, move managers and coordinators, supervision,materials,supplies,tools,equipment,and expertise necessary to perform the planning, packing, relocation, unpacking, installation, and re-connection of all property. The Contractor shall work in coordination with the City's project manager,as well as other personnel of the City.The move will not be in sequence or in consecutive days and client will coordinate the road map/sequence with the successful Contractor. It should be expressed that certain groups may be need to be relocated during overnight moves, or multi-day move sequences -as well as periods of time with little to no move activity. Contractor may not cause any interruption to the day-today operations without prior written approval of the Project Manager. The term Vendor, Mover, or Contractor used within this solicitation are synonymous and refer to the bidder. The current City municipal buildings will be moved to three (3) temporary locations for approximately twenty-four(24)months during construction of new buildings and then will move from the temporary space to the new buildings. 3.1 Contractor agrees to commit sufficient resources to perform all services and additional services required under this Agreement within the mutually agreed upon time schedules, 3.2 The Contractor acknowledges that the City has explained the timely completion of the Services under this Agreement is of critical importance to the City.Contractor agrees that time is of the essence for completion of the Contractor's performance. 6 Page 406 of 863 3.3 Revisions to the schedule which are the result of an action or omission of the City,or its employees or agents shall be mutually agreed upon by both parties and shall be in writing. 3.4 Services to be performed by Contractor are as described below. The Mover shall be responsible for confirming all types and quantities of existing furniture to be moved. 3.5 There are a significant number of items that will not move.These items include mainly furniture and fixtures and will be declared surplus prior to the move.However,we cannot provide an itemized list of these items at this time. 3.6 Provide your method for moving file cabinets(up to five(5)drawers in size). Workforce Requirements: 3.7 The workforce of the Contractor shall consist of full time professional moving personnel who are experienced with large office moves. 3.8 The Contractor will provide a full time experienced Project Manager on site.The Contractor's Project Manager and other designated representatives will work closely and collaboratively with the City's Representative during each move.The Project Manager may be requested to be on site throughout the duration of each move. 3.9 The City reserves the right to approve/or reject the Project Manager designated to work with the City.The City also reserves the right to require the removal of any member of the Contractors move team from the site. 3.10 Contractors workforce must be identifiable by uniform, name tags,badges or other safeguards for security purposes required by the City. 3.11 Contractor may not sub-contract any part of the move without prior approval of the City's representative Personnel descriptions/definitions: a. Move CoordinatorlProject Manager:The Contractor shall furnish a Move Coordinator who will work closely with the City's Project Manager and Move Coordinator(s) in conducting pre-move coordination and planning services in the months prior to the physical relocation work. The Contractors Move Coordinator shall have at least two(2) years experience in performing such services for commercial moves of the type required by the contract performance requirements,this person shall be a full time employee of the Contractor and should submit resume's as a response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide a resume for Contractors Move Coordinator,which substantiates the required experience, upon the City's request. A Move Coordinator shall be available on site at all times and shall have the authority to act for the contractor at all times.Work includes development and use of necessary forms, way finding tools, processes, equipment lists, instructions, and inventory work required to fully plan and execute the work. b. Supervisors:The Contractor shall provide an on-site move supervisor who will supervise the work of Contractors drivers,helpers,and workers during the execution of each move. When performing moves between different locations,the Contractor shall provide at least one supervisor at each point of origin and at least one supervisor at each destination point, unless otherwise approved by the City's Project Manager. Each supervisor shall have at least one-year experience in supervising commercial moves, this person shall be a full time employee of the Contractor and should submit resume's with the response to this solicitation confirming experience in Government/Municipal move services. Contractor shall provide resumes for Contractors Move Supervisors, which substantiates the required experience,upon the City's request.Resume must include the individual's name, address,and Florida driver's license.Move supervisor shall document existing conditions prior to their work to avoid being charged for damage found during or after the move work. Work includes development and use of necessary forms, way finding tools, processes, 7 Page 407 of 863 equipment lists, instructions, rate tracking, and inventory work required to fully plan and execute the work. C. Workers: Contractor shall provide workers, as required, to complete each move within the specified time frame and responsibilities. Workers will be required to perform actual moving services, including, but not limited to, disassembly, packing, labeling, moving, unpacking, loading dock and elevator supervision, reassembling City property, clean up move sites, etc., as required by the City. Workers must provide all manpower to run elevators,be staged at doors and all necessary guidance for move materials and items. d. Drivers: Contractor shall provide and obtain necessary permits and valid licenses for all drivers related to the transportation of county materials;in addition,all drivers must employ adequate driving skills. Vehicle Requirements: 3.12 All vehicles must have valid and current registration, Department of Highway Safety and Motor Vehicle Fuel Decal, if applicable, and be in safe working order. All markings and tags must be clearly visible. 3.13 Contractor must furnish clean and mechanically sound,closed-type vehicle(s)of sufficient size to accommodate the shipment and properly licensed personnel to operate such vehicle(s). Unless a specific size and type of vehicle is requested by the City, Contractor will use their best judgment in furnishing vehicles(s)of the most appropriate type and size for the required services. Contractor will not be allowed to substitute and charge for two (2)or more small vehicles if a large vehicle(s)would have been sufficient and appropriate to accomplish the job. If such instance should occur, Contractor will charge only for the lesser number of vehicles that should have been furnished. Contractor is solely responsible for vehicle insurance. Vehicle(s) must be in good repair and in compliance with all federal, state, and local laws and regulations for operation. All vehicles must be equipped sufficiently with clean pads, covers, and other protective equipment to ensure safe transit and delivery of property.Protective covering must be used during the loading and unloading operations in the event of inclement weather. 3.14 Contractor and its subcontractor(s) must be familiar with all applicable Federal, State, County, City and local laws, regulations or codes and be governed accordingly, as they will apply to this contract and the actions or operations of those engaged in the work or concerning materials. 3.15 All employees of Contractor shall be considered to be,at all times,the sole employees of Contractor and not an employee or agent of the City of Boynton Beach. The City may require Contractor to remove an employee it deems careless,incompetent,insubordinate or otherwise questionable. 3.16 Trucking and Loading Dock Limitations: Contractor shall be responsible for selection of proper vehicle(s),to fit the limitations of the origin and destination building loading docks, access,and surrounding streets. Safety Standards: 3.17 Contractor agrees and warrants that it and its workforce shall comply with applicable OSHA and EPA regulations.Further,all equipment used shall meet all requirements identified by the State of Florida. 3.18 Contractor agrees that compliance with the standards and rules and regulations identified above shall be at the Contractor's cost. Proof of compliance with the above shall be submitted at the City's request. Contractor's General Requirements: 3.19 The Contractor will provide all necessary labor and materials to cant'out its 8 Page 408 of 863 responsibilities within the time frames set by the City. 3.20 When disassembly and assembly of property is required,the Contractor will furnish labor and equipment sufficient to accomplish the task. 3.21 Contractor shall be responsible for packing,safe transportation and reuse of all existing hardware associated with the disassembly of equipment and furniture. 3.22 The Contractor will be responsible for safeguarding and protecting its own work,material, tools and equipment. 3.23 If the Contractor requires the use of a dumpster during the performance of the Work,the Contractor must coordinate with the City's project manager.The Contractor shall,at all times,keep the premises free from excessive accumulation of waste material or rubbish caused by its employees or work. 3.24 Contractor's Project Manager shall perform a walk-through with the City Representative to evaluate the new locations to document any existing damage. 3.25 Contractor's Project Manager is responsible for all aspects of project management for the move and punch list. 3.26 The Contractor may have to schedule work in cooperation with other contractors working on-site at City facilities.The Contractor will collaborate with the City regarding completing their work while accommodating these activities. 3.27 Contractor shall arrive at the move site promptly with all necessary equipment to complete the job. 3.28 All necessary permits,if required,are to be provided by the Contractor and such cost shall be included in the proposed prices. 3.29 All furnishings,equipment and supplies will be transported in weather tight vans. 3.30 Contractor will verify that the equipment weight will not hinder delivery of the equipment or damage property during transport. 3.31 Contractor shall provide necessary protection,padding and equipment without additional charge to the City. 3.32 Any furniture,equipment and supplies within the responsibility of the Contractor will be delivered to the destination site in good condition.Any equipment,furniture or supplies damaged or lost during the move will be the responsibility of the Contractor,who will promptly replace all damaged goods or will be responsible for the cost of repair, and at the time of final acceptance of work, the Contractor will afford the City Representative access for inspecting the work.Inspections will take place prior to approval of invoices. 3.33 Travel time to or from the Contractors facility to the work site is included in the proposal. 3.34 Any additional work required after the initial move shall be authorized by the City Representative prior to work being done. The City of Boynton Beach's Responsibility: 3.35 The City Representative will coordinate the move between the Departments and the designated Contractor's Project Manager. 3.36 City personnel will pack and label boxes,furniture and equipment. 3.37 City Representative will provide floor plans showing the furniture layout,reconfiguration before the move to the Contractor. 3.38 City staff will be responsible for packing/unpacking their personal belongings.Staff will not be responsible for emptying and refilling file cabinets.Mover shall supply all necessary packing materials on an as-needed basis. 3.39 City staff will disconnect desktops and phones and will box them up. Mover will be responsible for moving boxes to the new locations.City IT staff will unpack and reconnect of all computers and related equipment (computers, printers, faxes, telephones, keyboards, computer mice, speakers, etc.). Main server equipment will be relocated by City IT staff and is not included in this scope. 9 Page 409 of 863 3.40 City staff will coordinate the move of all leased copiers.The Contractor will be responsible for moving City-owned copiers and mufti-function devices.This equipment will be identified during the walk-thru. 3.41 The final move schedules will be determined by the City.There will be no additional fees, costs or penalties to the City as a result of schedule changes. The City will advise the Contractor of changes as far in advance as possible.The City and the Contractor will jointly establish a detailed work schedule. Penalties: 3.42 If,during the term of this Agreement,the Contractor fails to provide property protection that is reasonable and necessary as determined by the City,and damage ensues,the Contractor shall immediately repair the damage in an acceptable manner to the City, or the City shall have the option, but not the obligation,to repair and charge the Contractor for all costs of the repair. 3.43 If the Contractor fails to maintain the premises in a neat and rubbish free condition,as mandated by fire and personal safety standards and acceptable to the City,the City may clean the area and charge the Contractor for the cost of the work. 3.44 If the Contractor fails to arrive at the previously agreed upon locations at the agreed upon time,and with a full complement of staff and equipment to complete the work required,a penalty may be charged equaling 10%of the charges for that phase of work. Schedule: The move(s)are expected to occur sometime between August and October 2018.All moving dates and schedules listed herein are not to be considered exact and may be modified by the Project Manager at no additional cost to the City. EMPLOYEE COUNT AT CURRENT LOCATIONS(ESTIMATED) City Hall(Main) West Wing Police Dqp rtment Building and Zoning 20 Utilities 12 Clerk 5 Comm.&Marketing 2 Dev Services 13 Economic Development 2 ITS 14 HR 10 Public Works 2 Finance , 14 CommunitStandards 23 City Commission 5 City Attorney 2 City Manager 3 Other 3 5 200 10 Page 410 of 863 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No.: 015-121048117 PRICE PROPOSAL FORM LABOR _ _ 1FEM UESORIP"M REGULAR HOI4RLY OVERTIME RATE HOURLY RATE 1. Move Coordinator(Project Manager$ (0.00 plhr $40.00 p/hr 1 2. Move Supervisor $ 32.00 D/hr $32.00 p/hr F4.3. Move Workers $ 24.00 Dfir $24.00 p/hr Move Drivers $ 26.00 )/hr $26.00 p/hr 5. Move Installers $ 28.00 p/hr $28.00 p/hr 6. File Move Attendants $ 24.00 aAir $24.00 p/hr 7.mminstallation Project Manager $-L2-1 Rk-plirr $32.00 p1hr EQUIPMENT ITEM DESCRIPTION Unit Price 1 Unit of Measure Moving Van, 1,592 cubic foot N 1, minimum truck Incudes truck and $ 448..00 plday driver Moving Van, 1,401 cubic foot 448.00 2. minimum truck incudes truck and $ plday driver Moving Van, 855 cubic foot $ N/Ada 3. minimum truck Incudes truck and y driver THIS PAGE TO BE SUBMITTED fOR PROPOSAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. RFP No.015.12WISIT 11 Page 411 of 863 EXHIBIT B FEES AND PAYMENTS REQUEST FOR PROPOSAL FOR MUNICIPAL COMPLEX RELOCATION SERVICES RFP No- 015-1210-181fT PRICE PROPOSAL FORM(continued) EQUIPMENT ^ter — —�-- RFENFIESCRIPTfON UMprice ! Unit of Measure _ — viioving Van,669cublc foot 4, minimum truck induces truck and $ NIA plday driver Moving Van, 400 cubic fool KLA pity 5, minimum truck Includes truck and $ driver Moving Van, 317 cubic foot 6. minimum truck includes truck and $ N/A Pfday driver �_.�.__..._ proposer shall attach a copy of its rate sheet for use In pricing additional materials, equipment services as needed.These additional materials may Include including cartons,bubble wrap,pallet jacks,wooden equipment cans,tape,shrink-wrap,etc. BaUxann f cou 40QUTHORizED SIGNATURE COMPANY NAME S L- ( 954 1 977- 552 Bunch _ - �PRjNTED NAME TELEPHONE NO. Sa$ea Consultant st¢ue.tuachivgeltaana.c_o_ae TITLE _ --- ... E-MAIL ADDRESS �isfy 9th, 2018 ...__ DATE 12 Page 412 of 863 EXHIBIT B FEES AND PAYMENTS, 4 bellmann „o„ , www.beltmann wr 'Up r. MATERIAL&EQUIPMENT RATE SHEET PPI.ade Moving Crates(RenteD 5 per crate per day Legal Size Office Tote Box(2.5 cubic FG) @ S2.50 each Book Carton(1.5 cubic Ft.) @$2.00 each Speed Pack Container(15 cubic Ft.) @$ISM each (Note:Speed packs used during relocations are$2.50 each.) And-Static Bubble Bags(For Computers) @$2.00 each Anti-Static Bubble wrap(24"x250)per roll @ S75.00 per roll Regular Clear Babble wrap(24"xM')per roll @$60.00 per roll Tape @$2.00 per roll Rolled Corrugated Card Board(48"x250') @ 550.00 per roll (Note:Corrugated used to protect facilities are at no charge) $.SO pound Movers Pacidng Paper @ Stretch Wrap(24"z 250') @$30.00 per roll Foukment Deser on Rite Four-wheel Dollies (Four-wheel dollies used by the Beltmenn crew while performing the move are at no charge) (Note:If it is required that the four-wheel dollies remain on-site a daily rental fee of 5.50 per dolly per day will apply.) Panel Carts (Panel Carts used by the Beltmann crew while performing the move are at no charge) (Note:If it is required that the panel carts remain on-site a daily rental fee of$3.50 per cart per day w01 apply.) Book Carts (a7 S2.50 per cart par day Belbann croup Incorporated 8089 K Andrews Ave.Extw ion,Pompano,FL 89084 Toll Free 4800)429-4440 TeWwne(854)8774=Fax(954).977-5868 Stephen amok Commerabl Reboadon t"WtantMdAe 064425-7479 We MR-148 Broward 55 palm Beach M01-Ml norDiAmericaMCAwdah 13 Page 413 of 863 6 beltmann www.b�eltmann. on r }� March 1, 2020 Ms. Gail Mootz City of Boynton Beach 3301Quantum Blvd. Boynton Beach, FL. 33425 Ms. Gail Mootz, Thank you for considering Beltmann as a partner for your upcoming Relocation project. Betmann Group would like to offer the City of Boynton Beach to provide relocation services under the same provisions as outlined in the original RFP No.: 015-1210-18/1T. We clearly recognize the importance in every phase of the project. I want to personally assure you that The Beltmann Group will deliver the quality and all resources required to meet and to exceed your expectations of service. Based on the total cost of the previous relocation performed under RFP No.: 015-1210-18/IT the total estimated cost for the relocation is $90,000.00. Please do not hesitate to give me a call if I may be of any assistance. Sincerely BELTMANN GROUP s&*a vwvml Stephen Bunch Ask Beltmann Group, Inc.3039 N.Andrews Ave. Extension, Pompano, FL 33064 800.829.4440 V nonhamrkmn. Page 414 of 863 6 beltmann www.b�eltmann. on r }� Beltmann Group, Inc.3039 N.Andrews Ave. Extension, Pompano, FL 33064 800.829.4440 V= nonhamrkmn. Page 415 of 863 7.C. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Award task order F-19-2020 Fire Station#2 and#4 Kitchen Renovations, part of Bid No. 018-2511-18/ITfor Minor Construction Services, and authorize the issuance of a Purchase Order to Anzco, Inc. of Boca Raton, FL as the lowest responsive, responsible bidder in the total amount of$110,800. Explanation of Request: On February 13, 2020, Facilities Management issued a task order request, #F-19-2020 for "Fire Stations#2 and#4, Kitchen Renovations" with a mandatory site inspection held on February 18, 2020 to review the project with the minor construction services pool of vendors. The scope of the work is for the kitchen renovations at Fire Stations#2 and#4. On February 26, 2020, Procurement Services received quotes from the minor construction services pool of vendors. After reviewing the three (3) bid submittals, staff recommends the project be awarded to Anzco, Inc. as the lowest responsive, responsible bidder. 1. Anzco Inc. $110,800.00 2. E&F Florida Enterprises $113,500.00 3. Republic Construction Corp Responded with no bid How will this affect city programs or services? The existing kitchens are outdated and the existing appliances are not cost effective and have shown years of wear and tear. The new kitchens will have all stainless-steel appliances, countertops, shelving, and fiberglass reinforced panel (FRP) walls and will offer a more comfortable environment for City staff and visitors. Fiscal Impact: Budgeted Budgeted funding is in CIP account#303-4199-522.62-01, Project Numbers FA2006 and FA2007. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: No Page 416 of 863 Climate Action Discussion: Is this a grant? No Grant Amount: Contracts Vendor Name: Anzco, Inc Start Date: 8/20/2018 End Date: 8/19/2019 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Extended until August 19, 2022 ATTACHMENTS: Type Description D Contract Anzco Inc - Fire Station 2 and 4 Kitchen Renovation 03-31-20 Anzco Back-up Page 417 of 863 REQUEST FOR OFFICE ASSISTANCE FROM: dei I- V i 71 Date: 3 ' ONIA • PRIORITY/DATE NEEDED BY: F-i Request for 121/Direct Pay Req. for the attached -Vendor or Person to be reimbursed: Vendor: Account Number: Project No.: A�Request for Requisition -Vendor: Account Number: .�3 - 41/11?9 - 6Z -0/ Project No.: -#2 30 3 — 412-3- 5 2-2- Z 0 55, µ®a FA 2-0 0 A/ 0 Request for BLANKET-Vendor: Account Number: Project No.: List Items w/Quantities & Unit Costs on the back of this request. 0 Single Quotes (Less than $ 2,000)—Attached. El Three Written Quotes ($2,000 to $4,999.99)—Attached. EJ Three Written Quotes ($5,000 to $34,999)w/Purchases over$10,000 Form—Attached. El Bid/City(Over$35,000): Bid # ,-______-__-- - El Bid/Other Entity (Over$35,000): Bid Bid Eff. Dates, & Bid Quotes—Attached. F-1 File As: El OTHER: 2- Special Instructions: ......... . ................ ad Request completed bycompleted: Date: t,7 Please sign and ret6rn this form to the Office Staff's Inbox; feel free to make any comments below. ...............................................................................................---.................................. Page 418 of 863 f�tx t{ x CITY OF BOYNTON BEACH REQUEST FOR PURCHASE OVER $103,000 Date: Requesting Department:- Contact Person: 067-2-- Explanation for Purchase: 41 Recommended Vendor V Dollar Amount of Purchase /1 z',4 -- 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: Q/S Z SIA NOTE: Pricing proposal for purchase must be presented in the same detail contained within the contract. Fund Source for Purchase: i q-r-5-7-7--62.6 ` - r-s . G Approvals: Department Head Date Purchasing Agent Date Asst City Manager Date City Manager Date Form Revised 02/01/02 Page 419 of 863 F-19-2020 Fire Station 2 and 4 Kitchen renovations(2615 Woolbright Road amd 1919 S.Federal Highway) RFQ NO.018-2511-18JIT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BIO FORM ITEM DESCRIPTIONQTY UNIT Grand Total Supply all labor,material,tools,equipment,hardware,supplies,and supervision per the the attached files, (Job Site to picked up and clean for the duration of the project)Protect any city property for the duration of the project. • Contractor shall renovation the kitchens at Fire Stations#2 and#4 as per the attached files. 1 LS ®Q00, I Total Bid Price O I® 00 Grand Total Bid Price(in words) dw'a Name of Firm Submitting Bid Proposal .Z�ILICr (PiNT) Name of Person Submitting Bid Proposal Name of Person Submitting Bid Proposal,, (SIGN TUREI of 67vlb S.5 -5 S two 7 =A)CC 00 045X44 40 v-1 AILf Page 420 of 863 i i F-19-2020 Fire Station 2 and R Kitchen renovations(2615 Woolbright Road amd 1919S.Federal Highway) RFQ NO.018-2511-18/IT PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES-BID FORM ITEM DESCRIPTION 4TY UNIT Grand Total Supply all labor,material,tools,equipment,hardware,supplies,and supervision per the the attached files, (Job Site to picked up and clears for the duration of the project)Protect any city property for the duration of the project. Q Contractor shall renovation the kitchens at Fire Stations#2 and#4 as per the attached files. 1 LS Total Bid Price 1 E r SQ o, F I Grand Total Bid Price(in words) t ►rv� l tX �S AT u¢ v� f� o�� �y P f Cl , Name of Firm Submitting Bid Proposal tc- 00 hd°a_. 4�1 t'`C) ) l Ydc I018( _. J r a (PRINT) Name of Person Submitting Bid Proposal L� Name of Person Submitting Bid Proposals (SIGNATURE) Date: z{cr 7--�' I vVil W .!— el. Gvi 1 1�1 S' icy e C7 Y ( Yi rte,'1 c e'1 V, I Page 421 of 863 Mootz, Gail From: Roselin Coca Marin <rose]in@republicconstructioncorp.com> Sent: Tuesday, February 25, 2020 8:44 AM To: Marmer, Eric; Mootz, Gail;Wood, Randy Cc: Catheryn Espino Subject: RE: F-19-2020 Fire Station 2 and 4 Kitchen Renovations Thank you very much for the opportunity, although RCC won't be bidding this project for the lack of sub response. Thank you `I�'ose�n Coca Estimating Assistant Republic Construction Corp 601 N Congress Ave, Suite 311 1 Delray Beach, FL 33445 t. 561-900-2487 ext. 105 1 f. 561-634-2806 GI Republic ny $beth a°,rPe3 6Awtia�eRv �o�� � " AQP .a,.� � Ak�ah3� From: Marmer, Eric<MarmerE@bbfl.us> Sent:Tuesday, February 25, 2020 7:57 AM To: Roselin Coca Marin <roselin@republicconstructioncorp.com>; Mootz, Gail<MootzG@bbfl.us>; Wood, Randy <WoodJ@bbfl.us> Cc:Catheryn Espino<Catheryn@republicconstructioncorp.com> Subject: RE: F-19-2020 Fire Station 2 and 4 Kitchen Renovations Roselin, have discussed this with our project manager and at this time the City is not going to be granting an extension on this Task Order. Thank you, Eric Marmer, MPA Serfior Cuyer -- Financial services Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 Physical Address:3301 Quantum Blvd.,Suite 1031 1 Boynton Beach, Florida 3342E 561-742-6318 l i MarmerE@ Wl.us I ,';; boynton-beach.org/ i Page 422 of 863 i Please be advised that Florida has a broad public records law and all correspondence to nie via ernail may be subject to disclosure.Under Florida records law, ernail addresses are public records. Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From: Roselin Coca Marin<roselin'; red ublicconstructioncon com> ........�_ ..._ ....... Sent:Tuesday, February 25, 2020 7:53 AM To: Marmer, Eric<MarmerE bbfl.us>; Mootz,Gail<MootzG bbfl.us>; Wood, Randy<WoodJ �bbfl.us> Ce:Catheryn Espino<Cather_n,, re ,ublicconstructioncor, .com> Subject: RE: F-19-2020 Fire Station 2 and 4 Kitchen Renovations Good Morning Eric, The subs and suppliers response it is not good because of the short time frame to turn the bid in. Thankyou &refin Coca Estimating Assistant Republic Construction Corp 601 N Congress Ave, Suite 311 1 Delray Beach, FL 33445 It. 561-900-2487 ext. 105 1 f. 561-634-2806 Repub I From: Marmer, Eric<MarmerE - bbfl.us> Sent:Tuesday, February 25, 2020 7:26 AM To: Roselin Coca Marin<roselinol� reg ublicconstructioncor, .corn>; Mootz,Gail <MootzG.„ bbfl.us>; Wood, Randy <WoodI bbfl.us> Cc:Catheryn Espino<Cather._,n_ rei ublicconstructioncorr .co > Subject: RE: F-19-2020 Fire Station 2 and 4 Kitchen Renovations Good morning Roselin, Can you please provide the reason you are requesting this? I need an answer back from you ASAP. Thank you, 2 Page 423 of 863 Eric Marmer, MPA Senior Buyer Financial Services Mailing Address: P.O. Box 316 l Boynton Beach, Florida 33425 Physical Address: 3301 Quantum Blvd., Suite 101 l Boynton Beach, Florida 33426 561-742-6318 MarrnerE@bbfl.us Boynton-beach.org/ Please be advised that Florida has a broad public records law and all correspondence to me via ernail may be subject to disclosure.Under Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-rnail address may be subject to public disclosure. From: Roselin Coca Marin<roselin, re.,�ublicconstructioncori .com> Sent: Monday, February 24, 2020 5:15 PM To: Marmer, Eric<MarmerE.3 bbfl.us>; Mootz, Gail <Mootz& bbfl.us>; Wood, Randy<WoodJ - bbfl.us> Cc:Catheryn Espino<Cather,n=,F re,,ublicconstructioncor; .com> Subject: F-19-2020 Fire Station 2 and 4 Kitchen Renovations Eric, is it possible to extend the bid due date for project F-19-2020 Fire Station 2 and 4 Kitchen Renovations? Thankyou R0.3-din Coca Estimating Assistant Republic Construction Corp 601 N Congress Ave,Suite 311 1 Delray Beach, FL 33445 t. 561-900-2487 ext. 105 1 f. 561-634-2806 Republic 3 Page 424 of 863 . . ............ Imm �17V&exnuLwaBD.Em at �INO7 j Gt410 Mir � Ky 1 00 0 ❑ 7 r+µ ,k e n < gra -}Yw r lFIN i. i ■ 17-7F;_ tza� :i ff .a �� { i3hh ° d• �- _• a • •a �.FFF I .p yf w daft, a Me .v. f s � ppb wb, Hyl 3� RAEi r r r r� .an771,,L �� � x �� .�. L 1 '4���. 914 i�{'y-� • ..' � a IT Yw 77 4 , -� Page 425 of 863 -77N my w aVW al jWcM LUj=L*SW gyA IA affi NOLM MOM mu ............... T 7 Iowa oil 10 0 11 Or Vl rry -,T )IC ........ t DAM Jam .MIN 7, 1p S_W ir' --7 t 1-4, �M LA- Alt, tr, Al il 426 of 863 TO -CA N NJ 41 Dk1 n Y 40 fi —44 Fat ti Cl! qu Page 427 of 863 Z'a 40 SL ku (Au- LD Page 428 of 863 i 46 VkL kL LL ct cl Noc 7 !E +J ,u l # 1�d i m t � k Page 49J of 863 9 Y X47 i V y t 6 i 1 i 4 t 1� Page 430 of 863 Cooldng Performance Group S60-GS24-N Ndural Gas 6 Burner 60"Range with 24" Gri... Page l of 9 .„Login , +Register hftp://www.gatowebftm.com/35MOGMN Cooking Performance Group S60-GS2 -N Natural Gas 6 Burner 60" Range with '" Griddle/Broiler and 2 Standard Ovens - 2769000 BTU Read 2 reviews Item A 35IS60GS24N Only $2,599m00teach gtt 1 y rlS� I 1 tiSifj t ��t....4. 1� t 7 ` (6)30,000 BTU open top burners with cast Iron New lift-off grates for easy cleaning v0 (2)30,000 BTU standard ovens Shipping: III httpsJ/ .webstmuan coo ' -perfo up-s60-gs24-a- -gas-6-... 2/RM31 of 863 Scotqrnan C0330SA-ID Prodigy Series 30"Air Cooled Small Cube Ice Machine with Bin... Page 1 of 5 Login *_Register h :/Avww.gotowabstore.comR20K P Scotsman C0330SA-1D Prodigy Series 30" Air Cooled Small Cube Ice Machine with Bin - 00 lb. Item A 720KC33533BP �Xlxxxm R�tsn Prke $3,478.00 Q Wry,,,do we do this? Ul a Wfth a New https://www.webstaurantstore.com/sootsman-c0330sa-ld-prodigy-scries-30-ak-cooled-sm.. 22P 11932 of 863 Regency 106" 16-Gauge Stainless Steel Three Ca t Commercial Sink with 2 Dra.. Page 1 of 7 Login -Register hWJ/www.gotawabstora com 4224 Regency 1061116-Gauge Stainless Steel Three Compartment Commercial Sink with 2 Drainboards - 18" x 24" x 1 Bowls Read 1 r&Aews Item,#:WOSM824224 Buy 5 or mon $7'13.4,0/Each Buy 7-4 Made of high-quailty 16-gauge type 304 New stainless steel V Features 2 drainboards Shipping: %,0' Designed with 14"deep bowls 3 V2' basket strainers collect food debris https:/Avww.webstammtstore.com/regmicy-106-16-gaugf.- -steel- -comp e... 2/ 3/201 Frage h3 of 863 Regency 30"x 96" 16-Gauge 304 Stainless Steel Commemial Work Table with Undershelf Page 1 of S DAWMWSWAMOW 24 r®my se rsh ra 1 .LL*gh It-Regkober Regency 30"x 969 16-Gauge 304 Stainless Steel Commercial Work Table with Undershelf __! Imm t.6067530963 buys w npa $331.06mach #379.",ard. 'PO r 304 IWhim Now t$ll m1suge suI ships VIM Comm w , bln. @ Ndio�P191f.B.r��1Yl..`3: btdw be 4 � iso ib, W UfodmW hoids 0 lh. vp 3y � r Quallgr Re", candelen: 1110 b ht Pd AN Increase your counter space with this Regency 30"x 96" commercial work table with undershelf Utilize the space In your kitchen with this dependable 30'x 96"16-gauge,304-serles stainless steel commercial work table from Regency Tables and Sinks.This unft not only provides plenty of room on Its work surWe,but also offers an 18-gauge,430-series stainless steel undersheif to supply much needed space for food preparation,storing supplies, v =v°° — ~a.-~ and other tasks within your business. NW https:l/ .we tston.c)m/regency-30-x-96-16w ge-304- ess-steel- er... 2# 34 of 863 Regency 30"x 48" 16-Gauge Stainless Steel CommercW Work Table with 4"Backsplash... Page 1 of 6 sswyft..b. Z n M f n;T Fit 9hOpb+01 Regency 30"x 48" 16-Gauge Stainless Steel Commercial Work Table with 4" Backsplash and Undershelf *****R@MUMWOM ,r. awnernon $ 14.68ftch s0. .�,.. s>'aas.nma BOWI ' bfickgpWA vft P s ream Ship in I Bummu Day unftmh*XWhwm vAu I red, Its tip N 16. M t Y CAPS work AffAKe xsrt P OMMOfCiw Ouaft Rtanp Cond)d AN Ir , NMI EM elm I"Flom a Poll AJAN 19i5 Increase your work space with this Regency 301 x 48" MM stainless steel commercial work table. Resources and Downloads Featuring a backspiash and all-stalniess aemauwo.o steel construction,this worktable is a great addition to your restaurant,cafe,or bakery. V CommtrclWokTab{e ia , . Perfect for rolling out dough or chopping M NSF kftm.uonai frults and vegetates,you can make the s://www.we urantstore. gency-30-x-48-16-gauge- ess-steel ial-... 241=435 of 863 Regency 30" x 48" 16-Gauge 304 Stainless Steel Commercial Work Table with Undenhelf Page 1 of 6 Regency 30" x 48" 16-Gauge 304 Stainless Steel Commercial Work Table with Undershelf IMM O.600MOM sole or"ME Rrn'•a >i216.99n.� � 41aus�IYart 'MWpoft$paupa BONN tl{ SSt t1 rl�it type 304 atelniesc New s[ndenih Un�elly Ships]n 1 1618"stslnHssffieN wfienwllllnearhre_r.�y t buhtf" Tap she f holds ' H"' approdrnapaly60p , 'i 1 nt l� i, Ib +� iii�� 2 � 'UrsdwafNlf holds 6 u1 J ?"�F ��� rppb970lb (s F RolEnytoclan sufts fF1 ,,sit{nisi r WHIroraverltyof F fluorWaLft Quaft Raft. Corsets= VkWAN „ �� Rsosnrcr i"Wadctsbl Rwsnav#o°sciB'x 6" Raaaxv Ib`x 20"s p !� vrnnaaenosos a"rare at-- !79.99 as fiN $104.99 $11639 w Increase your counter space with this Regency 30" x 48" commercial worktable with undershelf! UtIIIZe the space In your kitchen with this dependable 30°x 48.16-gauge,304-serles stainless steel commercial work table from Regency Tables and Sinks.This unit not only provides plenty of room on its work surface,but also offers Vhw +•� or oHafprthis Wn bt4m-//www.webstaumntgtore.c4Dmlregency-30-x-48-16-gauge-304-stainlem-steel-wmmor.. 2/ g1R36 of 863 Regency 24"x 36" 18-Gauge 304 Stautless Steel Commercial Work Table with Galvaniz... fteloV mom24 Han'7 r < Z Regency 24"x 36" 18-Gauge 304 Stainless Steel Commercial Work Table with Galvanized Legs and Undershelf $85.84moCh Mmff •w,." 099s9e.ah ce o *go"* M&MIEW11"I 'Pmwm it 241K3r UVmW SHM Fn work" &WrM&DW ted"tUbW Mig ! h MP @hw EaryAO-C a "rmfte -Wemd1brbusy U addMoml Owilgr t�tl� 2L- IMOM Ad $5L99 ori 6W! Add additional work space to your kitchen with this Regency 24"x 36" stainless steel commercial work table. Great for prepping entrees,sides,and desserts,this worktable provides a sturdy,spacious surface for chopping,sorting,and assembling.With Its high weight capacity,easy-to-dean surface,and overall functional design,you can organize your kitchen to create an MM efficient work flow. htipsJ/www.webstaunmb;tore.com/rcgtmcyr-24-x-36-18-gauge-304-stainless-steel-commer... 241 1A37 of 863 Regency 16 Gauge Stainless el 12"x "Heavy Duty Solid1 Shelf Page 1 of 6 COLOWAMVINCOOMPAW M r.Today a MIKS11WOW Regency 16 Gauge Stainless11 "x 60" Heavy Duty SolidII Shelf rt * as Inm w �saia $59.98 auy a ar�dn /Each BUY'-4 tr 18 Ira DOW Aam Abwkdm2a NEW bfncMft M 1K rhy Urualy5 M1 INJAMUDW ljk�WE I�—Mr xusu r lig rtaMy_ R*mrm and Downloads For the ultimate In durability,take a look at the Regency 1 gauge stainless eel 12" x " heavy-dutysoli ail ° "`' &°' -- rsrAs shelf. MCM The Regency 16 gauge stain 9 s 112"x Lamm so Irdw 6D`h uhy solid wall sWf is Ideal forVVM 12 arenas restaurants that could use a little bit more storage space.By attaching directly to the HftM 1 Yz ind'n ll.this~gives you vertkal storage c.poft Mb. space and allows you to keep your cWW Shoor establishment organized without taldng up mrUP Is GEMS valuable table or counter space.It also has a sturdy n construction#W MaNN stathim5001 can hold anything}hom flies and office NSFL Ya supplies to Ingredients and small kttchen Tvaa equipment h sill eb t -1 a e a - 1-1 - - -h -s••• 8 of 863 Regency 16 Gauge Stainless Steel 12"x 36"Heavy Duty Solid Wall Shelf Page 1 of 10 Login 4-Reglster h":/Avww.g*Ur^vbsUwe.com/&XMSUWHD Regency 16 Gauge Stainless Steel 12" x 36" Heavy Duty Solid Wall Shelf * *** Read 20 rw[om Item#:600WS1236Hp Buy 5 or more $50.491EaCh Shl=,,r fres with ------------------------ "1-4 $55.99mich of 16 gauge stainless steel gest Includes 2 support brackets New �V 250 Ib.capacity Shipping: https://www.websuwmt#xn.comtrogency-16-gauge-sWWess-steel 12-x-36-heavy-duty-s... 2,3 19 of 863 IL-3x a Sh"t Froat 7/ag/03 a:x® DJs n 1 MIA tJhemlc�tlxrut;�ng Undercounter Dishwasher A tI�9Cn57 .. Item.#. FEATURES: f 24 racks/96 Covers W hour. in Economical to operate.Uses only 1.7 gallons of water per cycle. All heavy duty 304 atainless steel conshdion assures long like and years of trouble free operatim sa, Unique spray an system features upper and lower stalnlms steel wash arms with reinforced and caps. "c BuMn chemlcel pump and dellrning s system assures proper chemical usage. Comrenlent to service Vortw4n a-drawer. All electrical componmts are attached to a w sllding drawer for easy access and service. ' 8 Pumped drain allows for flexible InstallatiorL Requires no floor drain. 0 Pump purging system Improves results by ellminating soil and chemical carryover during rinse cycle. ! r I Pumped dndn wln dreln uptdN, Upper End Ift r rob" psqukoaticftoa drian. wash arms puarantss e=d- sat rooka. .. , , t� was E g OpUanal dialdoble,hunatandplo- Convenient to service Optional p...... �Iallomthe Hess unit add eapereWy. n."no e. may be 61x to be rahmd up to a 6dl mram by unplugging one 12° orf the floor for emy ela*calr0nrractlae. operstor use. Waigrlt 84uctableft t 8°to Ir. S CMA DishmuNres,92740 Knott Avenue Gordan trove.CA 82641.110064 6417.7944.6781•Feer 71 141•wwwcroadiiihmachirmAwn GRtdP+s+nvtlrWdO+ awa�tMer,JNRenrm. 111A4pp M lir U.a.A eaala eJJu+Ivo 1 ' Page 440 of 863 IL-1X ftse 9heat Prant 7122/03 2-20 PK Wage 2 r-"rnJcs1 SanAwng Underaounter Dishwasiver ..................... ........................ nmd to be Piz&b3 m*Wft snks pwl lft WN Mr4b%a so rid"Ne"shb%OwPEktrW Hook-Up I LOW RNM RKnA MTMQ ww coda VIEW LE WE W'ff 1' In VI V2' 1-1/2'MMIrnum 3C[" Clearance 000 �—W ----—------ Spedffmtlons: MODEL LAX U111A 11010C USA MEMIC NCO E FC 49 41 HEIIRIT IE in f : (Sign) 1.1, REQUIED REWRIM RMING VMTS AMPS w"M ........ is PER RMK 1.7 M- fau I) psaw"MM PER HM 40a OPH 6 1E low VAKIER NU ve DRAIN r Sumn"Spuffications:AWM LAX CMAErMW Mftr MOM WX low temperature,urdwourftr,clIaml sonftna,commercial distwaisher mom NSF,UWA GUL sobtlon and construcibn slandards WnMffft uaa of 1300STER or TANK HFATERS.7b@ madel LAX is consaucted endre- ly of SM swank m OW.EvM unft aftmattleally washes,rhm and 8811111M food service uWnsb in standard 19-814'X16-3!4` rsc�&Unit ownes WAndard wfth upper and Pwmr sWilless Meal wash arms.The L-IX bwrpwatn a pwM VuMing syftm Ow WWww rasults by ellinlraUng soil and chemical carryow during Miles Wda. AvsHWe Opsom OwWw HoWnr CMA Temp-Surs-(W owtalned 12kW hesM Sivirdess SbW Low V(wat of 4) v: stairfilase stw peft" QC o 4S'Und*x*unWdWhULb1s Ru Abmn#w skmVical avabble for wqxzt CMA ObWWftM 1Z7W KnM A"We GWdW GMN%CA 92841-SD04544417-7144M4781-F43c 714-UP-2141•www.cmadblimscilinw.mn Gdm MftWmd5M*2M w 0-w0w modgm wWwA pft rwSkm0m, Mad In v%USA QM=M%wA Page 441 of 863 TrW T-23DT-HC 23 CuYt Reach-in Solid Door Dual Temp Refrigeration/FreezerPage 1 of 4 Legh 752-8715 Ha os EWMFFW Help Code;L � . a� WF t Search Keyword or SKU CL Beataur+nt 8ueak t EWftffWI2a Egu t Pu I jefflp Reach-ln■ r 7h*T,2aor-W Reach-inTrue T-23DT-HC 23 CuYt IRefrigeration/Freezer 1AU M T-23MC I SKU f esl2a s�tFPasoe Quantity: v I w ■ 1 each rHinge f u 1 I a SeW an Option... v �y d to Carl Free Shtppingi on True products Wis not Include OR p W fea 1'nerd■,Only br antDrnwa Wthin ft 48 mftww Bbikw..Not r r ShW Customer Raviawsf lar of Related hems True T-23DT.HC Specificaflonsn ctu r InformatIon Low Price Guarantee On All True Productall Item:23 CuYt ch-in Solid Door Dual Temp ReffigerstionlFreezer laab�,.tp. MODEL;T- 3T Brand T DESIGN Model T-23DT-HC 'a solid door ch-in's are designed Wth enduring qualfdy that proteds your Zang term Model T-23DT Invesinant. 's commitment to using the hlghest quality materials and oversIzed refrigeration systema Power Information provides the uservAth colder product temperatures,Imw utility 005ta,Wooptlonall food Powered by 115 volts safetyand Me hest value intoday's lood servlcer I . R RIO RA77OV SYSTEM Phases, 1 Equipped with hw,Independent,faaWy englneer ,self-wntalned,capillary tube Item Dimensions reftensdon systema using environmentally Friendly(CFC e)refrig0raM Refrigerator Weight 335.00 Ibs. uses 134A and froweruses R404A. Refrigerator ted In top n;flneezer on bottom. Wkfth 27.00 In. Extra large evaporator colla balanced with higher horsepawar compressors and large Depth 29.50 In. condensers;maintain colder standard"aratures,for the best in food preservatlon. Refterator holds 33'F to 38T(.8•C to 3.3•C);freezers holds-1 WF(-23.31C). Height 7$.00 in. htqm:ll i t. a-2 u- - -' -Solid- r- -T - •• 942 of 863 True T-23DT-HC 23 CuXt Reach-in Soli d Door Dual Temp Reffigeration/Freezer Page 2 of 4 SeSlaid,cal iron,selflubdrat'ng evaporator fen motors and larger fan blades gIve reach-In's a more efficient,low velocity.high vokuna alfflow design.This u"ua design ensures faster temperature recovery and shorter run times in the buslost of food Service environments. Bottom mounted condensing units positioned for easy cleaning.Compressors run in coolest and most grease free area of the kitchen.AlkwA for storage area on top of unit, Aullomalile fmaxer defrost systarn Is lime-Iretire ted.fime-terminated. C,4INET CONSTRUCUON dor-Stainless Steel front.Arradzed quality aluminum ends,back and top. Interior-attractive,NSF approved,While.aluminum liner.Stainless floor wfth coved corners. insulation-a"catrinet structure and solid door are loamed-jn�piace using E00male,A high density,pDlyurffftne Insulation that has zero ozone de tion potential(OOP)and zero global womr0l;potential(GWP). Welded,heavy duty Steel frame mil,black powder coated for corruslan protection. Frame tail fitted with 411(102 mm)die stem castors-locke provided on front Be. DOORS Stainless vleall exW11or with white aluminum liners to match cabinet in dor.Doom extend full width of cablnet&W Door locks standard Lftma guaranteed recabsed door handle,Door fitted w1th 12'(305 mm)long recessed handle that Is foamed-in-plaos with a shoot metal interlock to ensure parmwent attachment Posl9ve sea]self-dosing dows,Lifetime guaranteed door hinges and torsion type closure system Magnetic door gaskets of one piece construction,removable Without tools for ease of cleanIng. SHELVING Three(3)adjustable.bRaVY duty PVC coated YAre shelves 22 718"L x 23114"D(602 mm x 501 mm).Four(4)chrome oted shelf clips Included per shelf. Sheq support pilasten;made of tame mterial as cabinet interior,,shelves us adjustable on 10(1 mm)increments. LIGHTING Com partmentalb!ed,incandescent Interior lighIng(one per Section)-Safety shielded. Lights advated by ruder oWtrh Mounted above doom. MODEL FEATURES tremor. Evaporator Is OPW coated to eliminate the potential of currosiw, Minimum wattaite heater In cabinet frame and framer door. NSF-7 cornpliant for open food product. ELECTR KAL Uni't completely pre-wired at ftcWy and ready for final ocirknectJon to a I1"01 phase, 15 amp dedicated outlet.Cord and plug sel.Included. bftps'//WWWity .aCi discount.com/Trw-23-Cu-Ft-Rewh-in-Solid-Door-Dual-Temp-Refriger&.- 2OW2,943 of 863 ti a� 1l rq-` i _.. 1 Y �i P A J lox Jkl 7 p l® 77 1 d JLJ r � a j f a � fC 1 t f i Page 444 of 863 7.D. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-031 -Approve an expenditure request as a result of RFP No. 021-2210- 19/IT, installation of vehicle exhaust extraction systems with Rossman Enterprises DBA Clean Air Concepts, for Fire Station 1 at a cost of$59,041.00 and future station costs, including the installation and modifications at Fire Station 2, Fire Station 3, Fire Station 4, and Fire Station 5, for an estimated cost of$186,060.00, a 10% contingency fee of$18,606.00, not to exceed a cumulative total of$204,666.00. Explanation of Request: On March 18th, 2019 the City opened and tabulated one (1) proposal to RFP No. 021-2210-19/IT for vehicle exhaust extraction system in various fire stations within the City of Boynton Beach. Ove the next 5 five (5) years, the City can utilize this RFP for the installation of vehicle exhaust extraction systems at other City locations. The pricing for each additional location shall be based upon the same pricing methodology used for this proposal. On March 29, 2019 in a public noticed evaluation meeting, the Evaluation Committee, comprised of City Staff, revealed their independent scores for the sole proposal. The Evaluation Committee recommended to award the Agreement to Rossman Enterprises DBA Clean Air Concepts. On April 16th, 2019 the City Commission approved Resolution No. R19-046 to approve the Evaluation Committee's recommendation and authorize the City Manager to sign an agreement with Rossman Enterprises DBA Clean Air Concepts and install a vehicle exhaust extraction system at Fire Station 3 with an estimated cost of$54,015.00. This was primarily funded through the Assistance to Firefighters Grant, a federally funded grant program awarded to the City of Boynton Beach. This proposed resolution is an expenditure request to complete the installation of a vehicle exhaust extraction system at Fire Station 1 and to approve future installations and modifications at all fire stations in the City of Boynton Beach. How will this affect city programs or services? Installation of vehicle exhaust extraction systems allows for the direct removal of potentially harmful diesel engine exhaust fumes from the fire stations. Fiscal Impact: Budgeted Fire Station 1 cost$59,041.00. Future station costs are estimated to be $186,060.00 with a 10% contingency fee of$18,606.00, not to exceed a cumulative total of$204,666.00. Alternatives: Not approve the expenditure request. Strategic Plan: Strategic Plan Application: Page 445 of 863 Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Resolution approving Rossman expenditure for all Fire Stations D Addendum Quote for Fire Station 1 D Addendum Quote for remaining Fire Station installation and rnodifications D Addendum R19-046 Page 446 of 863 1 RESOLUTION NO. R20- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AN EXPENDITURE REQUEST AS 5 A RESULT OF RFP #021-2210-19/IT, INSTALLATION OF 6 VEHICLE EXHAUST EXTRACTION SYSTEMS WITH 7 ROSSMAN ENTERPRISES DBA CLEAN AIR CONCEPTS, 8 FOR FIRE STATION 1 AT A COST OF $59,041.00 AND 9 FUTURE STATION COSTS, INCLUDING THE 10 INSTALLATION AND MODIFICATIONS AT FIRE 11 STATION 2,FIRE STATION 3,FIRE STATION 4,AND FIRE 12 STATION 5,FOR AN ESTIMATED COST OF $186,060.00, A 13 10% CONTINGENCY FEE OF $18,606.00,NOT TO EXCEED 14 A CUMULATIVE TOTAL OF $204,666.00; AND 15 PROVIDING AN EFFECTIVE DATE. 16 17 WHEREAS, the On March 18, 2019, the City opened and tabulated one (1) 18 proposal to RFP # 021-2210-19/IT for Vehicle Exhaust Extraction System. This RFP was 19 issued to provide and install vehicle exhaust removal system in various Fire Stations within 20 the City of Boynton Beach; and 21 WHEREAS, on March 29, 2019, in a public noticed evaluation meeting, the 22 Selection Committee, comprised of City Staff,revealed their independent scores for the sole 23 proposal based upon the evaluation criteria described in the RFP and recommended to 24 award the Agreement to Rossman Enterprises dba Clean Air Concepts; and 25 WHEREAS, On April 16th, 2019 the City Commission approved Resolution No. 26 R19-046 to approve the Evaluation Committee's recommendation and authorize the City 27 Manager to sign an agreement with Rossman Enterprises DBA Clean Air Concepts and 28 install a vehicle exhaust extraction system at Fire Station 3 with an estimated cost of 29 $54,015.00 which was primarily funded through the Assistance to Firefighters Grant, a 30 federally funded grant program awarded to the City of Boynton Beach; and 31 WHEREAS, this expenditure request is to complete the installation of a vehicle 32 exhaust extraction system at Fire Station 1 and to approve future installations and 33 modifications at all fire stations in the City of Boynton Beach; and S:ACA\RESO\Agreements\Rossman Enterprises For Vehicle Exhaust Extraction System Expenditure(2020)-Reso.Docx -1 - Page 447 of 863 34 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 35 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 36 Approve the expenditure request as a result of RFP 4021-2210-19/IT, installation of vehicle 37 exhaust extraction systems with Rossman Enterprises dba Clean Air Concepts, for Fire Station 38 1 at a cost of$59,041.00 and future station costs, including the installation and modifications 39 at Fire Station 2, Fire Station 3, Fire Station 4, and Fire Station 5, for an estimated cost of 40 $186,060.00, a 10% contingency fee of $18,606.00, not to exceed a cumulative total of 41 $204,666.00. 42 NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 43 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 44 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 45 being true and correct and are hereby made a specific part of this Resolution upon adoption. 46 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 47 approves the expenditure request as a result of RFP 4021-2210-19/IT, installation of vehicle 48 exhaust extraction systems with Rossman Enterprises DBA Clean Air Concepts,for Fire Station 49 1 at a cost of$59,041.00 and future station costs, including the installation and modifications 50 at Fire Station 2, Fire Station 3, Fire Station 4, and Fire Station 5, for an estimated cost of 51 $186,060.00, a 10% contingency fee of $18,606.00, not to exceed a cumulative total of 52 $204,666.00. 53 S:ACA\RESO\Agreements\Rossman Enterprises For Vehicle Exhaust Extraction System Expenditure(2020)-Reso.Docx -2- Page 448 of 863 54 Section 3. That this Resolution shall become effective immediately. 55 PASSED AND ADOPTED this day of April, 2020. 56 CITY OF BOYNTON BEACH, FLORIDA 57 58 YES NO 59 60 Mayor— Steven B. Grant 61 62 Commissioner—Justin Katz 63 64 Commissioner—Woodrow L. Hay 65 66 Commissioner— Christina L. Romelus 67 68 Commissioner— Tyrone Penserga 69 70 VOTE 71 ATTEST: 72 73 74 75 Crystal Gibson, MMC 76 City Clerk 77 78 79 (Corporate Seal) S:ACA\RESO\Agreements\Rossman Enterprises For Vehicle Exhaust Extraction System Expenditure(2020)-Reso.Docx -3- Page 449 of 863 W""G4GU" DIVISION OF CLEAN AIR CONCEPTS February 27, 2020 Boynton Beach Fire Department 201 NE 1st Street Boynton Beach, Florida 33435 Chief Matt Petty PROJECT SCOPE: Provide and install a fully automatic MagneGripTm Diesel Exhaust Extraction System for the source capture and the removal of vehicle exhaust emissions from Apparatus' start up to door threshold. SIATL Three Drop MagneGripTM Straight Suction Rail Exhaust Removal System Package Includes: • (3) SSRM-721 72' Suction Rail systems complete with 5" inch high temperature hose, with (1) Trolley Assembly with external guide wheels, (1) MagneGrip Nozzle Assembly that seals completely around the tailpipe to contain contaminated air and (1)Adaptor assembly that provides easy connection and cool air induction per rail. Each hose drop includes 850-degree extreme high temperature 2' lower hose section with handle. • (1) CF363-5 MagneGrip Exhaust Fan with durable powder coating and of continuous welded construction throughout. Fan has an efficient backward incline, spark resistant fan wheel and is rated at 5hp 3300 cfm @ 61'sp, meets AMCA #2 standard and bench balanced to ANSI Standard for stability. Fan shall be wired for three-phase. (1) 500179-08 Wireless Auto-Start Control Panel in NEMA 4X enclosure with automatic start/stop operation. Entire assembly is UL/CUL listed with timer, manual override switch, and wireless capable. • Wireless receiver, transmitters and pressure sensors for automatic system activation. • (1) 500157-12 12" Up-blast Back Draft Damper Type Rain Cap • (1) 500599-01 Diverter Valve Inline 5" • (1) 500601-01 Diverter Valve Controller • Tailpipe Modifications as required but, limited to vehicle tailpipes from the muffler out. Large modifications and severely damaged tailpipes may be excluded. All spiral ductwork, lateral connectors, dampers and hangers for Class 2 Mechanical Installation included. ... ! 0cpzc pw,,;nc,, ""INS,bwn]L' "..... Pneumatic Exhau91 Ao€IuuaB . _ Road : , exF. S�st� s f 9Fign, �{ gv �� e .: HSo : cd iM° . 5',3k489-4440 ; W00-87/5-5440 $ i a ,i .F ' " r , 4cm www.rriagnegrip.com Page 450 of 863 N1q"Bj4Guq DVISION OF CLEAN AIR CONCEPTS • Adjustable Telescopic Support Legs to hang rail c • Shipping i , Included provided• Factory install ori complete • Diverter Valve Installation • Start up and Training • Equipment i % American (Certifications i ) STATION #1 PRICE®..............................................................................................$59,041.00 • Pricing es not include roof curb, penetration or sealing, if required. • Pricing include High or Low Voltage Electric. • Pricing include n es, sales tax or special tax if required. • Net completion r j . SUBMITTED ® ACCEPTED BY: Clean Air Concepts Company: Print: Maggie oss n® o h, President Sign: Title: Date Date: PO If it : EXHAUST'REMOVAL SYSTEMS A& HazVel � � ��'�� ° astsystems < . ';f a<r.r`.<,.P:,fld f.,,o',C �„ ;;c s ,.��, .`)' 4,24 a, 0 87,v „ .Zse ,z.,, 5 13 e 47 wwmmaign g rp.co m Page 451 of 863 W""A4 GU4 DIVISION OF CLEAN AiR CONCEPTS February , 2020 Boynton Beach Fire Rescue Stations , #4, & #5-Revised ATTENTI N: Chief R_ROJEGI COPE: Provide install a fully automatic ri TM Diesel Exhaust Extraction System for the source r removal vehicle uemissions from r ' start up to doorhrol . EQUIP IENTL.MATERIAL AND LABOR PRLQE. STATION #2: Three Drop MagneGrlpTM Straight Suction Rail Exhaust Removal System Package Includes: • (3) -541 5 ' Suction Rail systems complete with " inch high temperature hose, with (1) Trolley Assembly with external guide wheels, (1) agneGripTM Nozzle Assembly that seals completely around the tailpipe to contain contaminated air and (1)Adaptor assembly that provides easy connection and cool air induction per rail. Each hose drop includes 0-degree extreme high temperature ' lower hose section with handle. (1) CF363-3 MagneGr!pTm Exhaust Fan with durable powder coating and of continuous welded construction throughout. Fan has an efficient backward incline, spark resistant fan wheel and i rated at Shp 2100 cf "s , meets AMCA #2 standard and bench balanced to ANSIS ndard for stability. Fan shall be wired for three-phase. (1) 500177-08 Wireless Auto-Start Control Panel in NEMA 4X enclosure with automatics stop operation. Entire assembly is CUL listed with timer, manual override switch, and wireless capable. (1) 500157-1 1 " -blast Back DraftDamper Type Rain Cap (1) 500599-01 Diverter Valve Inline " (1) 500601- 1 Diverter Valve Controller STATION #2 PRICE............................................................................................... I ..... [,EXHAUST ._OVAL TE _I � �� � Pnaaeaa10 1aAaua1 aaMGYa.I SYMMS 800-875-- �04 _0 e rlfel R%E, I r x. nzfl,O 45242 " 440 , , www.rriagnegrip.coirn Page 452 of 863 W""G4GU" DIVISION F CLEAN AIR CONCEPTS EATION L4., Three r ri pTM Straight Suctionit Exhaust Removal System Package Includes: - 54' Suction it systems complete i " inch hightemperature hose, with (1) Trolley Assembly withexternal guide wheels, ( ) ri TM Nozzlely that seals completely ar u it ipe to contain contaminatedit 1)Adaptor assembly that provides easy connection cool air induction r rail. Each hose dropincludes 850-degree rhigh temperature ' lower hose sectioni I . (1) CF363- Exhaust Fan 3 MagneGripTmwith durabler coating f continuous welded construction throughout. s an efficient backward incline, spark resistant n wheel and is rated at 3hp 2100 " , meets AMCA #2 standardc I cStandard for stability. Fan shall be wiredr three-phase. ( ) 500177-08 WirelessAuto-Startr I Panel in NEMA 4X enclosurei tics operation. it assembly i L listed it i r, manual override switch, and wireless capable. (1) 500157- 1Up-blast c r r Type Rain 1) 500599-01 Diverter Valve Inline " (1) 500601-01 Diverter Valve Controller STATION #4 PRICE............................................................................................... Four Drop MagneGripTM Straight Suction Rail Exhaust Removal System Package Includes: O -721 72Suction Rail systems complete with 5" inch high temperature hose, with (1) Trolley Assembly with external guide wheels, (1) MagneGripTm Nozzle Assemblythat seals completely around the tallpipe to contain contaminated air and (1)Adaptor assembly that provides easy connection and cool air induction r rail. Each hose drop includes 850-clegree extreme i temperature 2' to er hose section with handle. (1) CF363-5 MagneGr!pTm Exhaust Fan with durable powder coating and of continuous welded construction throughout. Fan has an efficient ac r incline, spark resistant fan wheel and i rated at Shp 3300 cfm @ 6"'sp, meets AMCA #2 standard and bench balancedto ANSI Standard for stability. Fan shall be wired for three-phase. (1) 500179-08 Wiris Auto-Start Control Panel in NEMA 4X enclosurewith automatic stop operation. Entire assembly is CUL listed with timer, manual override switch, and wireless capable. (1) 157-1 1 " Up-blast Back Draftper Type Rain Cap • (1) 500599-01 ive r Valve Inline 5" (1) 500601-01 Diverter Valve Controller STATION #s PRICE........................................®...................................................... e, HazVe .:.. pneu"8110 Exhaust Ammnva0 9-121ef$ :�.„'.«P 13 .8_ '"k.'` ? V4,i r,tf 91 5440 a?.,513 :l4z' ..0mT ww.m negr r Page 453 of 863 W49"G4 G"" DIVISION OF LEAN AIR CONCEPTS Revised&hange r 1 Add One Drop ri TM Straight Suctionit Exhaust Removal System withi r valve controller. Package cl s: (1) -601 60' Suction Rail systems complete i " inch hightemperature , with ( Trolley ly with external guide wheels, (1) MagneGripTmNozzleS I seals completely r tallpipe to contain contaminated it and(1)Adaptor assembly that provides easy connection cool airinduction per rail. Each hose drop includes - rhigh temperature ' lower hose sectionit I . (1) 500599-01 Diverter Valve Inline " 500601-01 Diverter Valve Controller STATION #3 PRICE®..........®....®®®.......d®.®®......®®®.... .............®®®........................... TOTALALL STATIONS .®......®........®®...®®®....®...®......®.®......®....®...............®.............®. INCLUDED AT • Tallpipe Modifications as required but, limited vehicle tailpipes from the muffler out. Large modifications and severely damaged tailpipes may be excluded. • Wireless receiver, transmitters and pressures for automatic system activation. • Electrical r Wiring from available supply to control panel and to fan. Safety disconnect-for fan motor. Does Not include any subpanels if required,and excludes any modifications required bring service to code. • All spiral ductwork, lateral connectors, dampersand hangers for Class 2 Mechanical In Ilation included. • Adjustable Telescopic Support Legs to hang rail or track systems • Shipping o Job Site, Included • Factory providedlabor to install above system o provide a complete turnkey project • ivertr Valve Installation Included • Start up and Training • Equipment is 100% American Made by an IS09001-2015 Company (Certifications Pending) pneumaue Want Removal syllems r P n c t s �" n f t 600-875-5440 1 r ��`` fi x p , 5 - ;. 2�; -1 . r��}",�`�,``«.t„e.13 xi..,G �`'�a�, d<r'er "i ,Ci 1��,„r(""r�.a,u..'f�, s�� :� r ,�.a��.!` -� ��.� t,o1,D."J�s�fi`,J ,nr�. ww�.l ,�..,2 ww -mayn eSjr1p.com Page 454 of 863 • Pricing does not include roof curb, penetration or sealing, if required. • Pricing does not include any state taxes, sales tax or special tax, if required. • Net Due upon completion of project. • Pricing is based on installation of stations 2, 3, 4 and 5 at one time. SUBMMED BY: ACCEPTED BY: Clean Air Concepts Company: _ ......_........ � Print Maggie ossan-Roach, President Sign: Title: Date PO , If Required: n EXHA UST REMOVAL.SYSTEMSF ������ a ,"�'x%'.. (neu€F atw Exp€�BIJ6@ fle40Paval systems s ............................. ........ .. t t 1-f J .. t �r? a� 140 �,, www.magnegrip.com Page 455 of 863 N'spp I �£ f kt 1 RESOLUTION NO. R19-046 F, Y 2 3 f A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING THE RECOMMENDATION OF 5 ,F THE EVALUATION COMMITTEE AND AUTHORIZING 6 E THE CITY MANAGER TO SIGN A THREE (3) YEAR f 7 AGREEMENT WITH ROSSMAN ENTERPRISES DBA 8 1 CLEAN AIR CONCEPTS AS A RESULT OF RFP # 021-2210- i 9 19/IT FOR THE INSTALLATION OF VEHICLE EXHAUST 10 EXTRACTION SYSTEM FOR FIRE STATION #3 WITH AN 11 E ESTIMATED COST OF $54,01.5.00., AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 ;€ WHEREAS, the On March 18, 2019, the City opened and tabulated one (1) 15 proposal to RFP # 021-2210-19/1'F for Vehicle Exhaust Extraction System. This RFP was E 16 i issued to provide and install vehicle exhaust removal system in various Fire Stations within 17 the City of Boynton Beach; and 18 3 WHEREAS, on March 29, 2019. in a public noticed evaluation meeting, the €j 19 Selection Committee,comprised of City Staff,revealed their independent scores for the sole 20 , proposal based upon the evaluation criteria described in the RFP; and f P 21 WHEREAS, the scores were tabulated by Purchasing Services to arrive at the final s 22 score and since there was only one (1) proposal, the Committee recommended negotiating 23 the price with the vendor, and 24 ( WHEREAS,the City Commission of the City of Boynton Beach upon recommendation z 25 i of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 26 Approve the recommendation by the Evaluation Committee and authorize the City Manager to 27 sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP # 28 °f 021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station 43 29 E;.with an estimated cost of$54,015.00. The Agreement shall be for a period of three (3) years i 30 ,E commencing on the date the Agreement is executed by the City with two(2)one-year renewals. I 31 NOW,THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF C:AUsers;PylejAAppdata\Local\Microsoft\Windows\Temporary Internet =Files\IE\6E0451GL\Agregiment_With_Rossman_Enterprises_For..Vehicle_.Exhaust_Extraction_System(Firestation 3)__Reso.I)ocx E Page 456 of 863 c s4 g c' 4g E IN 32 ° THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption. 35 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby � r 36 t approves the recommendation by the Evaluation Committee and authorizes the City Manager 37 1 to sign an Agreement with Rossman Enterprises DBA Clean Air Concepts as a result of RFP # r 38 1 021-2210-19/IT for the installation of Vehicle Exhaust Extraction System for Fire Station #3 I f, 39 with an estimated cost of$54,015.00, for a period of three (3) years commencing on the date 40 1 the Agreement is executed by the City with two (2) one-year renewals. A copy of the f 41 Agreement is attached hereto as Exhibit"A". 42 Section 3. That this Resolution shall become effective immediately. l F 43 i' PASSED AND ADOPTED this 41-A day of 2019. 44 1 CITY OF BOYNTON BEACH, FLORIDA 45 � F 46 YES NO 47 ; E 48 Mayor— Steven B. Grant 49 50 Vice Mayor—Justin Katz f 51s t 52 Commissioner—Mack McCray lc 53 54 Commissioner—Christina L. Romelus � 55 l 56 ! Commissioner—Tyrone Penserga 57 58 VOTE 59 ! !ATTEST: 60 H .� 61 Ar 63 Judith A. Pyle, CMC1920 d 64 City%Clerk Uw 65 66 67 i!(C,orporate Seal) ������%1OD 1 7C:AUsers\PylejAAppdata\Local\Microsoft\Windows\Temporary InteW Files\]E\61.`1045With_Rossman.._Enterprises__For_Vehicle_Exhaust.._Extraction—system(Firestation_3)_-_Reso.Docx -2- Page 457 of 863 l � I a AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ROSSMAN ENTERPRISES, INC D/B/A CLEAN AIR CONCEPTS THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and Rossman Enterprises, Inc. d/b/a Clean Air Concepts . hereinafter referred to as "VENDOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to perform professional services in connection with the RFP FOR VEHICLE EXHAUST EXTRACTION SYSTEM; RFP No.: 021-2210-19/IT. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services, identified in Section II — Scope of Services and attached hereto as Exhibit A. City intends to install similar systems in the other fire stations over the life of this agreement and will get pricing from vendor for each station as installation is requested. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the VENDOR to proceed. VENDOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall commence upon award by City Commission for three (3) years, with ability to renew for two (2), one (1) year renewals. 5. PAYMENT: The City will pay the VENDOR, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows, not to exceed _$54,015.00_for Fire Station #3_, future stations costs will be determined at a later date. a. Payment for the work provided by VENDOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to VENDOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The VENDOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The VENDOR'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 1 Page 458 of 863 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 7. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. VENDOR shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to VENDOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the VENDOR. 9. INSURANCE. The VENDOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Professional and the City agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 11. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 2 Page 459 of 863 12. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the VENDOR. b. In the event of the death of a member, partner or officer of the VENDOR, or any of its supervisory personnel assigned to the project, the surviving members of the VENDOR hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the VENDOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to VENDOR shall be sent to the following address: Maggie Rossman-Roach President 11449 Deerfield Road Cincinnati, OH 45252 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the VENDOR and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Professional. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. 3 Page 460 of 863 The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 PYLE)@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. 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. 4 Page 461 of 863 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. DATED this ITS day of 120 —M CITY OF BOYNTON BEACH Lori Lavrriere City Manager Signature of Auhorized fficial E Printed a of Authorized Official Attest/Authenticated: LJ � __ Title �-' ueenester Nieves (Corporate Seal) kdyle, City Clerk Approved as to Form: Attest/Authenticated: J s A. Cherof, t A ey Secretary Page 1 of 988 Page 462 of 863 EXHIBIT A SCOPE OF SERVICES Section 11 —OBJECTIVES REQUIREMENTS AND TECHNICAL REQUIREMENTS 1. OBJECTIVES OF THE RFP The City of Boynton Beach is seeking to enter into an Agreement with a responsive and responsible Proposer qualified to provide and install vehicle exhaust removal systems in various Fire Stations within the City of Boynton Beach, per the terms, conditions and specifications in this RFP in a timely and cost effective manner. The City was awarded a grant by the Department of Homeland Security (FEMA) for these services. 2. CONTRACT TERM AND ADDITIONAL CITY LOCATIONS THAT MAY BE CONSIDERED FOR VENTILATION EXHAUST SYSTEMS The City may over the next five (5) years wish to install vehicle exhaust extraction systems at other Fire Station locations and/or other City locations. The City is seeking an Agreement for an initial term of three (3) years, with two (2) additional one-year renewal terms based upon satisfactory performance and mutual agreement of the City and the awardee. Pricing for each additional location shall be based upon the same pricing methodology used for this proposal and shall be negotiated per location. 3. TECHNICAL REQUIREMENTS A. Extraction System Overview 1. The exhaust system shall be designed to vent 100% of exhaust gases and particulate safely to the outside of the fire station. The exhaust system shall be designed and installed by factory trained and authorized personnel, certified by the manufacturer of the exhaust system. Manufacturers shall be required to have a minimum of five years of proven manufacturing experience in the manufacture of emergency vehicle exhaust extraction equipment. 2. The department shall be able to use the exhaust system for performing engine and pumper checks indoors. 3. System must be designed for high temperature vehicle exhaust fire rescue applications. The system shall automatically activate, disconnect, shutdown, and reactivate upon return without human intervention. 4. Exceptions and Variances from any of the specifications outlined in these bid specifications must be acknowledged and listed on a sheet attached to your bid. Failure to list and acknowledge exceptions to the specifications will result in rejection of the bid. 6 Page 463 of 863 B. System Description The exhaust system shall be a source capture system designed to handle exhaust fumes from diesel engines. The system shall address a total of 3 capture points (3 vehicle bays) housed in the following Station: Fire Station #3, 3105 N. Congress Avenue, Boynton Beach FL 33436 C. Specifications 1. System a. The vehicle exhaust removal system must be a "hands-free" system automatic activated system to allow emergency personnel to respond to the emergency at hand. b. The system shall automatically activate: when apparatus starts for egress as well as ingress to the station, and through additional options as stated within these specifications. The vehicle system must incorporate a timer (or comparable) which shall be easily adjustable. c. The timer control and the filtration or exhaust units with all components in place as a system must be ETL (Electrical Testing Laboratories) approved to UL 507 Standards, with documentation provided with submittal. d. The timer control must be 100% low voltage (24V max.) to eliminate shock hazards to personnel, with no high voltage incorporated in the controls. 2. Equipment a. The system shall be delivered and installed as a turnkey project with no requirement for station personnel involvement. b. The system shall be capable of capturing vehicle exhaust by means of filters or by expelling vehicle exhaust meeting NIOSH (National Institute for Occupational Safety and Health) and OSHA (Occupational Safety and Health Administration standards. 3. Safety a. Components of the system must be ETL (Edison Testing Laboratory) approved. b. Filtration units (if any) or fan unit must have an integral overload breaker switch to work in tandem with electrical panel breakers. c. Control unit shall be self-contained and able to be run manually as needed. d. LED (or equivalent) visible indicators shall be present to indicate unit power is activated. e. Fan/Blower unit shall be equipped with a fan motor overload switch to prevent overheating. f. Surge protection against electrical spikes damaging controls shall be provided. g. If particulate filters are to be used, the MERV rating based on ASHRAE standards must be listed and filtration manufacturer information included, to ensure safe levels of diesel particulate capture control. 4. Activation a. All supplied units must work in tandem with and include an automatic, hands free, low voltage (24V) or air actuated system with little maintenance will be required over the entire life of the activation system. b. If multiple units within a building are needed, the system power sequence start/stop shall have a 25 second sequence delay between pairs of units to prevent heavy power draw. c. A photoelectric-eye, flow switch, or CO/NO2 sensor shall activate the system. d. Each Bay shall have provisions for exhaust removal coverage. 7 Page 464 of 863 5. Nozzle Attachment-Under Chassis Exhaust-Engine a. The Exhaust Capture System must provide complete, 100% exhaust removal at the source from vehicle start up to exit of the apparatus from the station. In no event shall the nozzle allow for the potential escaping of diesel exhaust into the bay area. A check valve in the tailpipe adaptor or some other method to seal off the backwash of toxic exhaust gases is required to stop contaminant from escaping into the bay area during high RPM engine operation or when the system is not powered up during a power failure. It is a requirement of this RFP that the system be capable of capturing 100% of exhaust gas and particulate even in the event the fan does not activate. Any nozzle that does not seal completely seal 100% around the tailpipe will not be accepted. NO EXCEPTIONS. b. The system shall be designed so that attachment of exhaust hose to tailpipe is accomplished with one simple motion by the operator. c. A rigid lower hose section with handle shall be provided to allow for easy hose connection. d. The nozzle shall allow for the introduction of ambient air to significantly cool the air stream inside the hose and prolong the life of the equipment. Any system that does not seal around the tailpipe and allow for cool ambient air introduction shall be eliminated. e. All adapters and nozzles shall be of similar size to allow vehicles to freely move from bay to bay Any Nozzle adapter shall not exceed 7-inch diameter to allow adequate ground to tailpipe clearance. f. Tailpipe adapter and nozzle must have inlet that is 5 inches or greater so, exhaust airflow is not impeded. Nozzle to flex hose elbow transition must also be 5 inches or larger to maximize airflow. 6. Installation Installation shall be performed by qualified installers with experience in performing installations of same type equipment. The City shall inspect each unit installation to verify installation for warranty reasons. Boynton Beach Fire Rescue Department will be responsible for the electrical energy source that will provide the proper voltage and current requirements of the electrical components within the system(s). The vendor shall provide all related instruction manuals to the city upon completion. 7. Svstem Warranty Complete exhaust system warranty on all equipment and labor be for a minimum of 1 year. A warranty certificate describing the warranty must be included in the RFP submittal. Location and name of nearest service outlet should be listed in the submittal. Location of parts inventory shall be indicated as well. All equipment must be supplied by one system manufacturer with the complete system covered in its entirety by the manufacturer's warranty. s Page 465 of 863 EXHIBIT B FEES AND PAYMENTS KeGj4 G" A DIWSION OF CLEAN AIR CONCEM WATIL April 3, 2019 F City of Boynton Beach 3301 Quantum Boulevard Suite 101 Boynton Beach,Florida 33426 AULHIMNi Finance/Procurement Services RU-1 RFP NO. 1-2210-1 / -Vehicle Exhaust Extraction System EEMECr Sty Provide and Install a fully automatic MagneGdpTM Diesel Exhaust Extraction System for the source capture and the removal of vehicle exhaust emissions from Apparatus`start up to door threshold. JQIjjf!MENT.HAICRIAL AND LABOR PRLCL. ffA MON -31 S N Congress Amen ,_Boynton Beach. FL 33436: Three Drop MagneGripTM Straight Suction Rail and Vertical Stack Track Exhaust Removal Systems Package Includes: • (2)SSRM-601 Suction Rail systems complete with 5"inch high temperature hose,with(1)Trolley Assembly with external guide wheels, (1) MagneGlip Nozzle Assembly that seals completely around the tailpipe to contain contaminated air and (1) Adaptor assembly that provides easy connection and cool air induction per rail. • (1) 530630-05 Extreme High Temperature Lower Hose rated at 850 degrees, with Handle Assembly • (1)VSR-601D Vertical Stack Rail Drive Thru (1)CF363-5 MagneGrip Exhaust Fan Model CF363 with durable powder coating and of continuous welded construction throughout. Fan has an efficient backward incline,spark resistant fan wheel and Is rated at Shp 3300 cfm 0 6"sp, meets AMCA#2 standard and bench balanced to ANSI Standard for stability. Fan shall be wired for three phase. ® (1)500179-08 Wireless Auto-Start Control Panel in NEMA 4X enclosure with automatic start/stop operation. Entire assembly is UL/CUL listed with timer, manual override switch, and wireless capable. ® Wireless receiver,transmitters and pressure sensors for automatic system activation. ® (1)500157-12 12"Up-blast Back Draft Damper Type Rain Cap v EXNAU$T RE QVAi 5YSTE S EAM Ft0—CAP Si vasumatia Fa hau6l uameaar 8vatama 1449 Grorfi�,'d koaa 11.,m;tr._i 1S%,4< PQ 4 M z , 9 Page 466 of 863 A DIVISION OF CLEAN AIR CONCEPTS • Electrical Power Wiring from available supply to control panel and to fan. Safety disconnect for fan motor. Does Not include any subpanels if required,and excludes any modifications required to bring service to code. • Tailpipe Modifications as required but, limited to vehicle tailpipes from the muffler out. Large modifications and severely damaged tailpipes;may be excluded. • All spiral ductwork, lateral connectors,dampers and hangers for Class 2 Mechanical Installation included. • Adjustable Telescopic Support Legs to hang rail or track systems • Shipping to Job Site, Included • Factory provided labor to install above system to provide a complete turnkey project • Start up and Field Training • Equipment is 100%American Made by an IS09001-2015 Company STATION#3 PRICE.............................................................................................. 54,0115. 00H • Does not include roof penetration and sealing, if required • Net Due upon Receipt of Invoice • Pricing does Wt include any state taxes,sales tax or special tax if required. SUBMITTED Y„ ACQUED Y: Clean Air Concepts sign Print Maggie'Rossman-Roach, Pref sident �1 Title _ _W Date Date PO ,If Required • FYSTEmlsl EYNnST BE c w Pueumette Went Remnvat systems 10 Page 467 of 863 7.E. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve Task Order UC-01-2020 with McKim& Creed in the sum of $221,392 in accordance with RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair Services as approved by Commission January 21, 2020. Explanation of Request: The Utility is in the process of undertaking a significant overhaul of their SCADA systems in order to improve the level of automation and the reliability of their operations. This is the first stage of several steps in that process. This phase deals with a number of key foundational elements required to provide the necessary platform for future improvements in the abilities of the control systems. The first task is a review of the cybersecurity of the control system. This will conform to the requirements of the American Water I nfrastructure Act(AW IA) and subsequent standards as set forth by the regulatory authorities, incorporating the guidance documents issued by the American Water Works Association. This will be followed by revisiting the various programming standards to bring them up to date with current software and hardware technologies. Following the completion of these basic building blocks there are two sets of improvements planned. The first is to transition the remote telemetry from analogue to digital transmission utilizing a Virtual Private Network (VPN) that has been set up on the Verizon system. The developers will work with staff to set up the methodology and train them to undertake the switch over. This will then be handled by utility staff with oversight from the consultant. The second element consists of a number of upgrades and additions to the controls at the water treatment plants, and the integration of the existing plant control systems onto the new platform. In particular there will be upgrades to the chemical addition systems and the addition of new online instrumentation. Finally, both the phases will also benefit from additions to our communications systems for the transmission of alarms to both operators and supervision. This will include texting, phone and email in addition to the usual alarms seen at the monitoring stations. How will this affect city programs or services? The utility has been working on a multi-year plan to consolidate their SCADA systems onto a single modern platform that will provide the level of insight necessary to provide better control and reduced costs for their operations. The completion of this task order will result in the entire system being able to operate on a single integrated platform using a state of the art SCADA software system. Fiscal Impact: Budgeted Money is budgeted in the following accounts: 403-5000-535-65.04 SW 1901 403-5000-533.65.02 W TR105 Alternatives: Not to proceed with the SCADA upgrades Page 468 of 863 Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum McKim& Creed Contract D Addendum McKim and geed Task Order Page 469 of 863 1 RESOLUTION NO. R20-006 2 3 A RESOLUTION OF THE CITY OF 130YNTON BEACH, '4 FLORIDA, AUTHORIZING THE CITY MANAGER TO 15 SIGN INDIVIDUAL AGREEMENTS WITH TWO FIRMS 6 AS A RESULT OF RFQ NO. 038-2821.-19/TP FOR i7 SUPERVISORY CONTROL AND DATA (SCADA) `8 SYSTEM PROGRAMING, PREVENTIVE 9 MAINTENANCE AND REPAIR SERVICES; AND 0 PROVIDING AN EFFECTIVE DATE. 11 12 ';3 WHEREAS, on November 5, 2019, the City Commission approved the list of top :i,4 ranked proposers identified by the Evaluation Committees from responses received from RFQ 115 No. 038-2821-19/"TP for Supervisory Control And Data (SCADA) System Programing, , 6 Preventive Maintenance And Repair Services; and I7 WHEREAS, individual "Task Orders for projects will be issued and submitted to the i 1x8 Commission for approval in accordance with the City's Purchasing Policies and Procedures; I 1,0 and 0 WHEREAS, the initial term of the Agreements will be for two (2) years and may be 1 renewed for three 3 additional one-.year periods with the sane terrtzs and conditions; and r2 WHEREAS, the City .:onmission cif the City of Boynton Beach. upon 3 recommendation of staff, hereby deems it to be in the best interests of the citizens and residents of the City ol"I3oynton Beach to approve and aLithorize the Cite Manager to sign individual I 25 Agreements with McKim & Creed, Inc., and Star Controls, Inc., as a result of RFQ No, 038- 6 2821-1 ,'"I`P for Supervisory Control and Data (SCAI: A) System Programming,, Preventive 7 Maintenance and Repair Services to be executed based on individual task orders in 8 compliance with the purchasing policies and procedures. X29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 0 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SACMREMAgreements\SCADA Services(2020) Reso.docx Page 470 of 863 i ' ; i 311 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption 3 hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does 5 hereby approve and authorize the City Manager to sign individual Agreements with McKim 1 &Creed, Inc.,and Star Controls, Inc., as a result of RFQ No. 038-2821-19/TP for Supervisory Control and Data (SCADA) System Programming, Preventive Maintenance and Repair , '8 Services to be executed based on individual task orders in compliance with the purchasing 9 policies and procedures, a copy of the two Agreements are attached hereto and incorporated 0 herein as Exhibit `°A". 1 Section,3. This Resolution shall become effective immediately upon passage. 2 '3 PASSED AND ADOPTED this day of January, 2020. { h4 CITY 01= BOYNTON BEACH, FLORIDA 4`5 YES NO 4�6 4 7 Mayor—Steven B. Grant 48 449 Vice Mayor—Justin Katz 150 �1 Commissioner—Mack McCray 12 53 Commissioner—Christina L. Rornelus i '5 Commissioner--Ty Penserga � 6 !7 VOTE 8 ATTEST: 59 Iso 16,'2 Crystal Gibson, MMC 16 City Clerk 5 66 67 (Corporate Sea[) SACA1RESOtAgreements\SCADA Services(2020)-Resc,dncv Page 471 of 863 Oo (o SUPERVISORY CONTROL AND DATA ACQUISITION-(SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as "CITY", and McKim & Creed Inc., hereinafter referred. to as "CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited proposals for a non-exclusive Contract to perform professional planning services, and WHEREAS, THE CITY issued a Request for Qualifications for SUPERVISORY CONTROL AND DATA ACQUISITION (SCADA) SYSTEM PROGRAMMING, PREVENTIVE MAINTENANCE AND REPAIR SERVICES, RFQ No. 038-2821-19ITP; and s WHEREAS, RFQ No. 038-2821-19/TP defined Scope of Services as Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services; and WHEREAS, the CITY determined that CONSULTANT is qualified to perform the scope of services set forth in the Request for Qualifications; and WHEREAS,the CITY Commission on JanuaU 21, 2020, determined that CONSULTANT is qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Manager's administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and engineering services within the scope of the Request for Qualifications; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 CONSULTANT agrees to perform Supervisory Control and Data Acquisition (SCADA) System Programming, Preventive Maintenance and Repair Services by way of individual task order(s)/written work authorization(s), at the written request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified project which may be assigned to CONSULTANT is set forth on Exhibit " A". Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-1 Revised 12/2019 Page 472 of 8d3 The CITY's Representative during. the performance of this Contract shall be Christo _her Roschek, Engineering Division Manager,telephone 561) 742-6413 . The CONSULTANT'S Representative during the performance of the Contract shall be telephone ARTICLE 2 -TERM 2.1 The initial Contract period shall be for an initial term of two (2)years, commencing on the date this contract is last signed by the City or Consultant. The City reserves the right to unilaterally,renew the contract for three (3) additional one (1) year periods, under the same terms, conditions. The Services to be performed during the initial two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the Consultant. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one-hundred And eighty(180)calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this optional transitional period clause was invoked by the CITY. ARTICLE 3 -TIME OF PERFORMANCE 3.1 Work under this Contract shall commence on written notice by the CITY to the CONSULTANT by way of a task order signed by the City and delivered to CONSULTANT. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement within the time period set forth in the task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 -PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by CONSULTANT shall be made as provided on Exhibit "A" attached hereto. b. The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be checked by a CITY representative, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. Final payment of any balance due the CONSULTANT of the total contract price earned will be made within thirty (30) calendar days of verification and acceptance by the CITY after the completion of the Work. Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-2 Revised 12/2019 Page 473 of 86 c. Compensation for sub-CONSULTANTS will be included by the CONSULTANT in the negotiated value of each task order. Compensation will be through a direct mark-up in accordance with the Schedule of Professional Fees attached hereto. Sub-consulting services shall be approved by the CITY'S representative prior to performance of the sub-consulting work. Consulting time ,for processing and management of the sub-CONSULTANT shall not be included in direct costs as the direct mark-up is applil9d for management efforts. d. In certain cases where incremental billing for partially completed work is permitted by the City's representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. e. The cost of all services as stated herein shall remain fixed and firm for the initial two (2)year period of the contract. Cost of services for any extension period of the contract shall be as agreed to by the City and CONSULTANT and reflected in a contract addendum. ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to Consultant, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this agreement shall.be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawing and specifications for information, reference and use in connection with CONSULTANT's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability to CONSULTANT and CONSULTANT'S sub-CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. ARTICLE 7 -WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. CONSULTANT's services shall meet a standard of care for Supervisory Control and Data Acquisition (SCADA) planning, designing, and integration including subsystems such as electrical, instrumentation, servers and network communications as they relate to the utility SCADA system located at Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-3 Revised 12/2019 Page 474 of 8 various facilities throughout the Boynton Beach Utilities service area and related services no less than the standard of care for Supervisory Control and Data Acquisition (SCADA) System Programming Services practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Agreement. CITY has relied upon such.representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 -COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT's own employees, or damage to property occasioned by a negligent act, omission of the CONSULTANT. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal- laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub-CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Boynton Beach Utilities--SCADA System Programming,Maintenance&Repair CA Revised 12/2019 Page 475 of 86 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. CONSULTANT shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non- owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of$1,000,000 per occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub-consultants comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall,for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims-made policy only Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-5 Revised 12/2019 Page 476 of 86 ARTICLE 11 - INDEPENDENT CONSULTANT 11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13—TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-in-negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT's most favored customer for the same or substantially similar service. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANT& The CITY shall exercise its rights under this "Certificate" within one (1)year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The CONSULTANT, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-6 Revised 12/2019 Page 477 of 86 ARTICLE 15 -ASSIGNMENT 15.1 The CONSULTANT shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 -NON-WAIVER 16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 —TERMINATION 17.1 Termination for Convenience: This.Agreement may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. ARTICLE 18 - DISPUTES 18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Florida. Further,this Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable,and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-7 Revised 12/2019 Page 478 of 8 uncontrollable force, give written notice -to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: Ci of Boynton Beach Procurement Services Attn: Director of Finance 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 Notices to CONSULTANT shall be sent to the following address: Consultant: McKim & Creed, Inc. ADDRESS: 1365 Hamlet Avenue CITY/STATE/ZIP: Clearwater, FL 33756 Attn: Mike Stoup, PE--Electrical & Instrumentation Group Manager Tel: 727-422-7196 - Fax: 727-461-3827 Email: mstou mckimcreed.com ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. ARTICLE 22 -SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. Boynton Beach Utilities—SCADA System Programming, Maintenance&Repair C-8 Revised 12/2019 Page 479 of 8 22.2 In connection with any litigation or other proceeding arising out of the Agreement, each party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1- Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. ARTICLE 23 --PUBLIC RECORDS 23.1 Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, CONSULTANT shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the CONSULTANT transfers the records in its possession to the CITY; and D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to the CITY, all public records in CONSULTANT'S possession.All records stored electronically by CONSULTANT must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. Boynton Beach Utilities.—SCADA System Programming,Maintenance&Repair C-9 Revised 12/2019 Page 480 of 86 E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473 24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has CONSULTANT 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 CONSULTANT of the City's determination concerning the false certification. CONSULTANT 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, CONSULTANT shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If CONSULTANT does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Boynton Beach Utilities--SCADA System Programming,Maintenance&Repair C-10 Revised 12/2019 Page 481 of 86 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of F e,VE Q- , 2o2-O. CITY OF BOYNTON BEACH CITY Manager CONSULTANT Attest/Authenticated: MIKE STOUP, P.E. Title �z h (Corpo-Ate-;3ea1)r CIXY Clerk . e Approved as to Form: Aft- t/Authenticated: fFce v C[TY Attome Secretary MITCH CHIAVAROLI, P.E. Boynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-11 Revised 12/2019 Page 482 of 86� City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This Is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co.of"B+"or higher. (NOTE. An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of consultants,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRE General Liability General Aggregate $1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $1,000,000.00 Owners&Consultants Protective(OCP) Personal&Adv.Injury $1,000,000.00 Liquor Liability Each Occurrence $1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person) $ 51000.00 Pollution Liability Asbestos.Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Consultants Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident $1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $1,000,000.00 Aggregate $1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Workers Compensation Statutory Limits Employers Liability Each Accident $ 100,000.00 Disease,Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builders Risk Limits based on Project Cost Other- As Risk Identified to be determined (ooMMa 39"001e21) insurance Advisory Form C-12 Page 483 of 86 EXHIBIT "A" FEE SCHEDULE FOR EACH CLASSIFICATION WHERE AN HOURLY RATE IS ASSIGNED, PLEASE PROVIDE A BRIEF DESCRIPTION OF THAT CLASSIFICATION. Classification Hourly Rates Employees Identified Project Director(Principal) $290.00 Mike Stoup Client Service Manager N/A N/A Project Manager $231.00 David Eike, Mike Tweedel,Aubrey Haudricourt Primary Project Professional $175.00 Eric Brown, Flavio Velecela —Instrumentation &Control Project Engineer $175.00 Eric Brown, Flavio Velecela Senior Project Engineer $205.00 Brian Thomiley, Mike Fadini, Jason Davis Programmer $160.00 Tamer Aldamanhouri, Suvath Seng Senior Programmer $175.00 Eric Brown, Flavio Velecela Engineer Intern $137.00 Suvath Seng, Laurel Smith Specialist $160.00 Tamer Aldamanhoud, Suvath Seng (ooMM.23mmimlBoynton Beach Utilities—SCADA System Programming,Maintenance&Repair C-13 ___E222 484 of 8613 Classifcation Hourly Rates Employees.Identified Engineer $175.00 Eric Brown, Flavio Velecela CADD Technician $90.00 Josephine Garas Clerical/Administrative $105.00 Diane Atchinelli, Brook Trautment, Diane Allen Direct Costs--Mark-up% 10% Office, Reproduction, Mailing, etc. Direct Cost—Markup % Sub- 10% consultants Reimbursable Expenses: All travel costs are included in the rates listed above. (w3uw3.23a"ooiszi)Boynton Beach Utilities—SCADA System Programming, Maintenance& Repair C-13 Page 485 of 86 C �� CONTRACTORS L ED SURVEYORS PLANNERS CITY OF BOYNTON BEACH SCADA TASK ORDER UC-01-2020 SCOPE OF SERVICES Revision 1 April 7, 2020 Task 1—Review and Improve SCADA Internal Security Measures A. M&C will review the current SCADA security measures including the following: 1) SCADA login and password rules and policies 2) Login rights and privileges 3) Remote access capabilities and security implications B. Upon completion of the review, M&C will prepare a technical memorandum of the finding and recommendations for improvement. This TM will be provided to the City for review and input. C. Upon review and acceptance of the TM, the agreed upon recommendations will be implemented. Task 2—Perform SCADA System Cybersecurity Audit M&C will work with Crimson Resolve in a subcontracting arrangement to perform a cyber vulnerability study of the City's SCADA system to prepare them for the AWIA requirements. Crimson Resolve and M&C will perform a high level review the City's SCADA system to identify risks and recommend solutions to mitigate those risks. The following tasks will be part of the audit: A. Review the current cybersecurity policies and procedures B. Review the SCADA network topology. Concentration will be on the connectivity to the City network and access for remote connection. C. Review the current disaster recovery plan including backup and restore 1365 Hamlet Avenue procedures. Clearwater,FL 33765 D. Review the current remote station communications hardware and protocol to determine intrusion risks. 727.442.7196. E. Prepare a Technical Memo (TM) detailing the reviews, findings and Fax 727.461.3827 recommendations to mitigate risks. www.mckimcreed.com Page 486 of 863 It is recommended that this vulnerability assessment be performed first to prepare for the AWIA requirements, identify the highest risks and resolve them quickly. Further testing of the system such as network traffic monitoring, malware detection, penetration testing, authentication methods, hardware security and firmware vulnerabilities are recommended in subsequent studies and not included here. Task 3— SCADA Standards Development M&C will develop SCADA standards to aid in the standardization of the screens and development of the SCADA system software. The SCADA standards will reduce variations in development styles and processes which will result in a more easily maintained system. Standards will be provided in a Word or Excel format, so they can be easily updated. Key components of the SCADA standards will be: A. Tagging standards B. SCADA screen layout and organization C. Use of software widgets and scripting D. Handling of alarms E. Historical logging and reporting F. PLC program development accepted practices G. SCADA application development accepted practices H. Security guidelines Task 4—PLC Hardware Standards Development M&C will develop PLC Hardware standards to identify acceptable hardware for modifications and future projects. The PLC Hardware standards will reduce variations in components which will result in a more easily maintained system. Standards will be provided in a Word or Excel format, so they can be easily updated. Key components of the SCADA standards will be: A. List of acceptable PLC hardware B. List of acceptable major panel components such as breakers, surge protection, power supplies and relays C. List of acceptable panel mounted operator interface units Page 487 of 863 Task 5—Upgrade all Remote Sites from Radio to Cellular Communications M&C will develop the configuration parameters and procedures for upgrading all the remote sites from radio to cellular communications. Once the procedure is approved by the City, M&C will work with the City to upgrade 3 remote sites as a training method for City staff. The City staff will upgrade the remaining sites without M&C's on-site assistance. Phone support will be available during these upgrades. A written procedure will be provided along with any program modifications. M&C will incorporate a back-up radio communication system for priority stations. All hardware and construction efforts will be furnished by the City. Task 6—Nuisance Alarm Reduction M&C will work with City staff to address nuisance alarms in the East Plant, West Plant and Remote Sites SCADA applications. M&C will review the alarm logs and meet with operations to identify the nuisance alarms and determine their cause. Once the cause of the alarms is determined, M&C will work with the City to adjust the necessary parameters to reduce the frequency of the alarm condition. If adjustments are needed in field conditions or the instrumentation, M&C will work with the City to identify the necessary changes. All field changes or instrumentation will be provided by the City. Task 7—Improve Controls for pH at the East Plant M&C will work with City staff to determine and implement the best method for improving pH control at the East Plant. Options may include modifying the controls for the Lime Slaker VFDs or other beneficial controls modification. Task 8—Improve Chemical Controls at the East Plant M&C will work with the City to optimize identified processes at the East Plant. Specific needs identified so far are the Ammonia Controls, Miex Influent Flow and Miex Effluent Valve. In each case, M&C will work with the City to determine and implement the best method for optimizing these control systems, make the programming and SCADA system changes, and participate in check- out and commissioning of the new process. We have allocated 120 hours for this task but depending on the items selected for optimization and the complexity, additional funds may be required. Page 488 of 863 Task 9—Install Third VTScada Server and Create Master Application M&C install and configure a third VTScada server on a City provided server machine located at the District Energy System. The new server will be configured to be runtime tertiary server for the East and West Plants, able to control either plant in the event of an emergency. The server will also be configured as a VTScada Master Application for added functionality. The City will provide the necessary VTScada licenses required for the Master Application. Task 10—Implement Alarm Notification via Texting and Emails M&C will work with City staff to implement VTScada alarm notification via texting and emails. Additional assistance may be required from the City's ITS department to enable mail servers and outside texting access from VTScada. Texts and emails will be priority-based and sent to City staff based on a roster so only those on-call get the alarms. Task 11—Add a Lift Station Group Shutdown M&C will modify the existing Collections VTScada application to add lift station group shutdown buttons. The modifications will be exclusively done in the VTScada application through grouping and scripts. Each button will shut down the pumps at the stations associated with an individual master station. This will allow a quicker flow stoppage if there are issues at a master station. Task 12—Add Bypass Pump Status M&C will modify the existing Collections VTScada application to add the status of the bypass pumps to the station RTUs and VTScada screens and alarming. It is assumed that the status signals are already wired to inputs in the RTU and only require programming of the RTU and VTScada application. We have assumed any field construction will be performed by the City. We have further assumed for budgeting purposes that there are 20 stations affected by this task. Page 489 of 863 Task 13—Add Remote Site Generator and Fuel Tank Screen M&C will modify the existing Collections VTScada application to add a screen to show all the remote site generators and fuel tank levels. This will significantly reduce the amount of effort to review the status of the fleet during emergencies. We have assumed this information is already present in the VTScada application. It is anticipated that this modification can be made remotely. Task 14—Add Lift Station and Master Lift Station Grouping Screens M&C will modify the existing Collections VTScada application to add screens to pictorially show the relationship between the lift stations and the Master Stations that they feed. These screens will be in a flow chart style and will include a summarized status of each station and navigation. It is anticipated that this modification can be made remotely. Task 15—Add Well Levels to the Collections VTScada Application M&C will modify the existing Collections VTScada application to add the well levels to the well screens. We have assumed that all level probes will be procured, installed and configured by the City. We have further assumed for budgeting purposes that there are 30 wells affected by this task. It is anticipated that this modification can be made remotely. ASSUMPTIONS M&C has assumed that, unless otherwise specified above, all material and software procurement as well as equipment installation and configuration will be the responsibility of the City. M&C will need timely access to the SCADA systems to perform these tasks and will work with the City during the execution of these tasks to mitigate unforeseen downtime and operational issues. Page 490 of 863 BUDGET Task Title Fee 1 Review and Improve SCADA Internal Security Measures $ 15,543 2 Perform SCADA System Cybersecurity Audit $ 43,865 3 SCADA Standards Development $ 23,939 4 PLC Hardware Standards Development $ 6,342 5 Upgrade all Remote Site from Radio to Cellular Communications $ 40,269 6 Nuisance Alarm Reduction $ 17,262 7 Improve Controls for pH at the East Plant $ 4,302 8 Improve Chemical Controls at the East Plant $ 13,137 9 Install Third VTScada Server and Create Master Application $ 6,664 10 Implement Alarm Notification via Texting and Emails $ 10,846 11 Add a Lift Station Group Shutdown $ 4,362 12 Add Bypass Pump Status $ 16,975 13 Add Remote Site Generator and Fuel Tank Screen $ 4,012 14 Add Lift Station and Master Lift Station Grouping Screens $ 7,094 15 Add Well Levels to the Collections VTScada Application $ 6,780 TOTAL $221,392 A complete breakdown of the tasks, classifications, hourly rate and hours is attached. We request this effort be performed as a time and material (T&M) project. PROJECT SCHEDULE M&C has attached a project schedule for the tasks above. C , Page 491 of 863 Q Q cD cD oQQ.. T 66 6 6- ; . I I I . 1 9--o o o 8888 .c�Q Q 6666 - cl� ....Q.— Il IN T Ili cli n 4 50. cli 16 6 cli cli cq Ill cli cq 16 cli c6 rl:6 co —0OO O -4A- ---- ---4A-------4A- ---4A Y3- ------4A 4A- o. nr 1.18811.1.88 .18888888888 0 8 88888 6 ------ON-- ------- ----------- .. co .. ------- 6 6 6 6 6 6 4- 0 N 0') cq cq 16 4 w - - - - - - - - m,6 :,6 r 6,6 mR lw 1 4 moo 11 o To I W' -o 1, 2- '6 ToO o o ? lo o 2 .2 I g oo U E T o O u .1 Eo O R 2 t o 6 oo E o' Eo E o u 4�-, - o'6 o o �oi 'o < o> E I I o o o o o .2 o o o U E fn o o -6 o E o o o E > o o o -it E oo oo o _o o' o o . - , V) Eo—oE � Eo -6 ooLo - > .5 5 o . o o� L�o - p o E o oo o o < '3� -o 8 . �8 o o o o > E o o o E < o o( E C, U 1 15 o o o o o o -o oo E o( o o o o o o' 'o - h =0 o 2 = o o 0 U) o E 45 m m o 75 75 75 75 75 75 m �o E E ja ja o E < C, o R '6'6 -6 o '6'6 -6 - o o� > > > > 49 o �5 �o > > o > o mo mo col > E E 1.1. u 2 650 oo < A o -) :,2 Do co, y m c)c) U)U) V) (U)D< m(U)U) U)U) m m m U)U)i mi o 18-1. 1 18-18.1 1. oo cD 0.. . 1....o... " . 66 6 N 6 646666 M 6.666.. 6N6666 666 6666666 U4oacaarrf IIooooaU --------- .... ---- ------ ------- ------ co ..... .... co 66 66 ... ..... ... ------- co 0 co m 1.10 1. Q o 646464666 ..w.,6666 �2 m�2. -Q"p2w.. m 16 li 16 1A c6 li -w cli m M,6 16 li ml x E 060, R U u Lo 0 o L-0 rn 2 AIN O IE l 0 o 0-5 N-5 1= E -0 Im A So 2L 0 ZL- 0 0-0 0 2 .0 o E' 0 0'it NO 0 00- 00 E > I - ,2 'o o E E E < 0 0 A ,M 'it'it'Ef 2 U C-) m m m M - 0 0 0 m 2 10 0 m EEE 2:5 20.55 0 0 0 0, 0. 0 9) o (n 00 0. o' E m E' 0 u To E E 0i 0 E E E E 'o .0 E 0 0 0 c 0 0 0 > 0 o 0 o 0 0 0 0 0 0 U ... 00 o 0 -0 u xU & & E' xU m E -00 m E E E o ol E E E ri 2 0 0 o o .0 E'0' as z U)U). .g E U)U) C) U)U) co < co co 1616 cli .1 ol ol O.l .1 ...... . .. . 0 o.000O. o.... 000000 00 o.1..0 000000 6666 — ------ ...... ------ ---- 41 o ar o co co .... ...... .....0 o O. O O (.0 .... ..... ..... ... 4-- 0 0 ... (D 9 O cli 19 wom� ct ct 0,C� IN N. 16 'o o 51 oNa IN fR o o AIN fA O. 0 0.4 u < E < WU<1 0 uw 'w fn 0 10 2 W -8 T pu E 0 .2> E w u p �wn o f--' o 2 :5 > .2 -o < w Z E.w> E 0 0 'G 2 <U O I- o 6-2 W> -,23 -W-6 lo 2 UZ-6 w U a.. - E w - u 19 1 2 2 w WE W> 6�j _u Uo 0 -o o 2 >0 '-0 o lo 2o o o o. E'E-!On-LI 'u' 9 -0 E E o :55 m D U) E Fo o E E -0- W> E 2 m < o m '0 0=< 0..0 > E o; E E o o o o o o o o E o E o o o o o u 2 w u u Eu w w- o o > > E w w 15 < 0 0 0 �q�q-C, �q-C, U 62 6.6.2'a'o'0'0'0'0 a,u .0.0.0 22o o 2o o --o Al�o 2oo 0- E'o < <<<< !2 rt�2 r E v _. al o' v CL a I (Y) v (C) co 4- 0 co '-_:- LO (6 06 a v ti ti ti '^ aUi m m m � d_ N m m m a r, 00 00 ti ti ti ti ti ti ti ti O O O O O O O O O O O O O O N O N N O N N O N N N N N O N N N \ N \ \ N \ \ N \ N \ \ \ Ol \ m to \ O 7 N _N O N N W N N N Ol m N U .y N 7 L!1 lD lD lD CO Ol Ol N N N N N N N N N U U � C- O O O O O O O O O O O O O O O O O O Lj C LL_ N O O O O O O O N O O O N N N N \ N N N N N O N N \ N N N \ \ \ \ a1 O O O \ \ \ \ \ N \ \ O \ \ \ Zt Zt 7 Ln m p] Y \ \ \ \ \ \ \ \ O O (a _ C C t V1 V1 V1 to Ol Ol Ol N N N N N N N N Y d �_ O O aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ aJ ar ar ar U <p H H H H H H H H H H H H H H F- u U N `n c_ T in in in in in in in in in in in in O_ O T T T T T T in T T T T in in T T in Z_'O T a] a] a] a] a] 0 T a] a] a] 0 T T a] 0 T Ln O O V1 O Ln _0 O O V1 O _0 _0 V1 O _0 O_N N N m m N Ln N V1 N N N N V1 Ln N N V1 O N N N C O O 7 N_ N m O O m x N N U Q N c — w a Q N v u p Q in D Q V — c m m Ln O m a] U 7 U d c U' m N aJ Q YO �° aJ ._ r p 'O >' O d m x — O a v ar ar 5 O c ° n w F- u u O- m �° aJ U a a c O w f0 Y > o N _ o i aJ C -p C r.+ H N aJ > Y a] a] J U Q Q E apr O o z:, ar O O T O_ O w O a] O i a] to O +0+ p Q Q U p N O O u in c in U aJ u Q c aJ D 7 m U N aJ > (a in 7 O �p .'p O O C N V > N O -o aJ N p U _0 z C7 N N C m -6 O N in m O CC in O u CU v Q Q E o Ln +o N — J D o cli H O c i > v Q Q v v �N — O -O n uO aJ U U c O r ar w: 0 ov u ar ar cli U vm Q m c > > F E o m o o v m u fut .0 cli yY Z K d to d M Z C Q Q Q Q Q d �a V H � o N .-I KK 7 KK KI-Kl�: 00 K N M 7 V1 tDI--:: FC-. N O M 7.F. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve the purchase of 210 RV55 Sierra Modems and Antennae from Express Radio, Inc through a piggyback of the Broward Sheriff's Office Contract 12-29077/J HJ for a total price of$183,960. The Broward Sheriff's Office Contract meets or exceeds the requirements of the City's procurement policy. Explanation of Request: The utility has over 200 remote locations that communicate back to the central Supervisory, Control and Data Acquisition (SCADA) system for review by the operators in the control rooms and other remote locations. This current system utilizes analogue radios on 10 separate licensed frequencies, and was installed 12 years ago. There have been issues in recent years replacing failing equipment, and some interference with the radio transmissions through pirate radio. In order to upgrade the system and improve security and reliability the current radio system will be replaced with new digital modems that are connected to the Verizon network. The communication will be handled on a priority basis utilizing a Virtual Private Network(VPN) tunnel that has been set up by Verizon that will connect the field modems directly to the main control system. This technology will not use the internet in order to improve security. Moving to digital communication will greatly improve the transmission speed between the stations and the operators, thereby improving response times to issues. The changeover will allow setup of a limited backup system for master lift stations using the older radio technology. This request is for the modems required to complete the task. Any necessary programming will be handled through a separate existing contract with McKim& Creed. How will this affect city programs or services? The move to the digital VPN technology will enhance system reliability and security and is in line with other large utilities as they migrate away from the older technologies. Moving forward, it will become an integral part of the plan to utilize more sophisticated control algorithms that will reduce electrical consumption by they City's wastewater pumping stations. The same technology is being rolled out as part of the District Energy System customer metering and billing systems. Fiscal Impact: Budgeted Funds have been appropriated in the Cl P budget for this project in the following accounts: 403-5000-533-65.02 W TR105 403-5000-535-65.04 SW 1901 Alternatives: The alternative is not to upgrade the system and run the risk of a failure due to the unavailability of parts. Strategic Plan: Page 496 of 863 Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Froward Sheriff's Office Contract D Addendum Express Radio Authorization Page 497 of 863 AGREEMENT by and between SCOTT ISRAEL, AS SHERIFF OF BROWARD COUNTY, FLORIDA and MOTOROLA SOLUTIONSY INC. THIS AGREEMENT entered into this day of _ _ , 018, by and between SCOTT ISRAEL, as the Sheriff of Broward County, Florida (hereinafter ref r d to as "BSO") and MOTOROLA SOLUTIONS, INC. (hereinafter referred to as "Motorola"). BS nd Motorola may be referred to individually as a "Party" and collectively as the "Parties". For good and valuable consideration, the Parties agree as follows: In consideration of the terms and conditions contained herein, BSO and Motorola covenant and agree as follow: SECTION I SCOPE OF SERVICES This is a Master Purchase Agreement, whereby during the term of this Agreement BSO has the right, but not the duty, to purchase from time to time Products and related services, including parts. Pricing for the Products and Services will be pursuant to the List of Products and Pricing, Section 1.2 and 4.1. Motorola will provide, ship, and install (if applicable) the Products, and perform the Services and its other contractual responsibilities, all in accordance with this Agreement. BSO will perform its contractual responsibilities in accordance with this Agreement. 1.1 Products. Pricing for the Products is based upon Motorola's then current calendar year published list Domestic User Price Book ("DNUP") less the specified discount percentage. 1.2 Services. BSO may purchase engineering, project management, system technologist, or installation services at a 10% discount off list price for the level of effort proposed. This Agreement does not cover any other type of maintenance and support of the Products except as provided under any applicable warrant. If Motorola deems it to be appropriate, it will prepare a statement of work to describe the particular services to be provided, a test plan, or a performance schedule. if BSO wishes to purchase a system or maintenance and support, upon BSO's request,. Motorola will provide a proposal that will include a separate Communications System Agreement. Services: Proect Manager Motorola will designate a single individual for any project proposed that warrants a Project Manager(PM), whose primary responsibility and authority will be to manage and administer your project to completion as defined within the contract. • Manage and refine the SOW, project schedule, implementation plan, and change orders. • Allocate available resources, personnel, funding, and material to ensure that the system is implemented according to the scope of this project. • Conduct an inventory of received equipment to ensure proper delivery. • Inspect the physical condition of Motorola-supplied hardware. • Ensure that Motorola-provided equipment specifications are met. • Verify that all site preparation is complete prior to the installation of the equipment. 1 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 498 of 863 • Supervise field installation and implementation teams, ensuring all on-site installation, integration, and optimization tasks are performed within contract requirements. • Ensure quality workmanship by all Motorola personnel, vendors, and subcontractors • Prepare for and conduct regular progress meetings and provide progress reports as required. • Obtain BSO sign-off and acceptance upon completion of training, installation, and acceptance testing. • Escalate resolution of any issues encountered during system implementation. • Manage the project to your satisfaction. • Ensure successful transition to the warranty and maintenance phase. SystemEn. ineer A Motorola System Engineer is for any project proposed that warrants and engineer, primary responsibility is to ensure the technical integrity proposal's design. • Analyze your needs. • Design your system. • Develop site design parameters. • Develop system documentation. • Develop the Acceptance Test Plan (ATP). • Assist in the development of the system cutover plan. Systems Tchnoloetist For any project proposed that warrants a Motorola System Technologist, their primary responsibility is to ensure the professional programming and optimization with system implementation. • Participate in all equipment programming and configuration development. • Oversee the integration and optimization of all system hardware and software. • Participate in the Acceptance Test Plan. • Assist in the development and execution of the system cutover plan. 2 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 499 of 863 Radio Subscriber Services Motorola South Florida Sold Services Prices are valid for use by Authorized Motorola Service Facility. Annual adjustments may occur at each annual renew. APX RADIO SUBSCRIBER PROGRAMMING AND INSTALL RADIO MANANEMENT AND PROGRAMMING SOFTWARE AND EQUIPMENT DESCRPTION LIST$ DISC% DISC$ RVN5224AE APX $399.99 0% $399.99 PORTABLE & MOBILE PROGRAMING SOFTWARE(3YR SUBSCRIPTION) $40.04 HKN6184C $52.00 23% MOBILE PROGRAMMING CABLE, USB PMKN4012B MOB $77.00 23% $59.29 ILE PROGRAMMING CABLE T7914 RADIO $0.00 20% $0.00 MANAGEMENT ONLINE UA00049AA ADD: $100.00 20% $80.00 RADIO MANAGEMENT LICENSES ONLINE (PER RADIO) DESCRIPTION QTY PRICE RADIO PROGRAMMING or REFLASHING RADIO MOBILE PER <51 $70.00 RADIO MOBILE PER 51-100 $54.00 RADIO MOBILE PER >500 $46.00 RADIO PORTABLE PER <51 $70.00 RADIO PORTABLE PER 51-100 $54.00 RADIO PORTABLE PER >500 $46.00 3 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 500 of 863 RADIO BUILDING TWO QTY PRICE WAY RADIO PROGRAMMING TEMPLATES 250 mode 1 $620.00 template with excel template DASH MOUNT QTY PRICE RADIOS (Standard Sedan or Light Trucks) INSTALLATION 1 $200.00 REMOVAL AT 1 $47.00 TIME OF NEW OR RE-INSTALLATION REMOVAL 1 $65.00 WITHOUT NEW OR RE- INSTALLATION REMOTE/TRUNK QTY PRICE MOUNT RADIOS (Standard Sedan or Light Trucks) INSTALLATION 1 $270.00 REMOVAL AT 1 $65.00 TIME OF NEW OR RE-INSTALLATION REMOVAL 1 $80.00 WITHOUT NEW OR RE- INSTALLATION DASH MOUNT QTY PRICE RADIOS (Ambulance or Fire Truck type vehicles) INSTALLATION 1 $465.00 REMOVAL AT 1 $165.00 TIME OF NEW OR RE-INSTALLATION SECONDARY 1 $65.00 4 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 501 of 863 REMOVAL AT TIME OF NEW OR RE-INSTALLATION REMOVAL 1 $195.00 WITHOUT NEW OR RE- INSTALLATION SECONDARY 1 $65.00 REMOVAL WITHOUT NEW OR RE- INSTALLATION REMOTE MOUNT QTY PRICE (Ambulance or Fire Truck type vehicles) CUSTOMER PRICING SINGLE CONTROL 1 $465.00 HEAD TYPE INSTALLATION DUAL CONTROL 1 QUOTED HEAD TYPE INSTALLATION REQUIRE SURVEY TO ENSURE CUSTOMER EXPECTATION IS PROPERLY MET REMOVAL AT 1 $165.00 TIME OF NEW OR RE-INSTALLATION (SINGLE CONTROL HEAD) REMOVAL 1 $270.00 WITHOUT NEW OR RE- INSTALLATION E- INSTALLATION (SINGLE CONTROL HEAD) REMOVAL AT 1 $170.00 TIME OF NEW OR RE-INSTALLATION (DUAL CONTROL HEAD) 5 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 502 of 863 REMOVAL 1 $285.00 WITHOUT NEW OR RE- INSTALLATION (DUAL CONTROL HEAD)$ CONTROL CITY PRICE STATIONS INSTALLATION: 1 $500.00 (includes penetration of(1) wall 50 ft of 1/2 inch cable, installation of cable, connectors, yagi RF antenna type antenna) REMOVAL 1 $195.00 1,3, EXCLUSIVE METHOD FOR PLACING ORDERS. During the term of this Agreement, BSO (and any other Eligible Purchaser) may order Products or Services as described in Sections 1.1, 1.2 and 31 of this Agreement, if they are then available for sale by Motorola. Each order must refer to this Agreement as Motorola Contract No. 12-29077/JHJ, and must specify the Product by model number, the unit price, the number of units being purchased, and the extended price-, concerning services, each order must specify the type of seiviues being purchased. Motorola will make reasonable efforts to deliver the ordered subscriber and accessory Products within six(6)weeks from receipt of order or sooner and to perform the services in a reasonably prompt manner. Motorola will make reasonable efforts to also ship other Products outside of subscribers and accessories within eight(8)weeks. Motorola will make best efforts to ship all orders within the time listed above, however this will be dependent on product availability at time of purchase and the location of ship acceptance, BSO may also track shipping by viewing orders using Motorola Online ("MOL"). Alternatively, BSO may register with and place orders through Motorola Online ("MOL"), and this Agreement will be the "Underlying Agreement" for those MOIL transactions rather than the MOL On-Line Terms and Conditions of Sale. MOL registration and other information may be found at http,,//vww.motorola.com/busineaqgnqgpygERgaqnY and the MOL telephone number is (800) 814-0601. The applicable provisions of this Agreement will govern the purchase and sale of the Products and services, notwithstanding any different terms and conditions contained in an order or acknowledgment of an order. Motorola will have no obligation to provide Customer with access to its confidential and proprietary information, including cost and pricing data. 1.4. Exhibits The exhibits listed below are incorporated into and made a part of this Agreement. In interpreting this Agreement and resolving any ambiguities, the main body of this Agreement takes precedence over the exhibits and any inconsistency between the exhibits will be resolved in their listed order. Exhibit A Motorola"Software License Agreement" Exhibit B Parts Warranty Exhibit C Motorola's Memorandum of Insurance 6 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 503 of 863 Exhibit D Drug Free Workplace Certification by Vendor 1.5 Definitions "Contract Price" means the price for the Products, excluding applicable sales or similar taxes and freight charges. "Effective Date" means that date upon which the last Party executes this Agreement. "Equipment" means the equipment listed in the List of Product s that BSO purchases from Motorola under this Agreement. "Infringement Claim" means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software infringes upon the third party's United States patent or copyright. "Motorola Software" means Software that Motorola or its affiliated company owns. "Non-Motorola Software" mean Software that another party owns. "Open Source Software" (also called "freeware or shareware ) means software with either freely obtainable source code, license for modification, or permission for free distribution. "Products" mean the Equipment and Software provided by Motorola under this Agreement. "Proprietary Rights" means the patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, mask works, know-how, and other intellectual property rights in and to the Equipment and Software, including those created or produced by Motorola under this Agreement and any corrections, bug fixes, enhancements, updates or modifications to or derivative works from the Software whether made by Motorola or another party. "Software" means the Motorola Software and Non-Motorola Software in object code format that is furnished with Products. SECTION II MANNER OF PERFORMANCE 2.1 Motorola shall perform all services in a sound and workmanlike manner. All services shall adhere to the utmost professional standards. 2.2 Motorola agrees to perform, at all times faithfully, industriously, and to the best of its ability, experience, and talent, all of the duties that may be required of and from it pursuant to the terms of this Agreement. 2.3 Neither party shall be liable for failure to perform as a result of an event, circumstance, or act of a third party that is beyond a party's reasonable control (e.g., an act of God, and act of the public enemy, an act of a government entity, strikes or other labor disturbances, hurricanes, earthquakes, fires, floods, epidemics, embargoes, war, and riots). SECTION III TERM This Agreement shall commence upon execution, and remain in full force and effect for five (5) years, unless terminated or renewed as provided herein. This Agreement may be renewed upon mutual written agreement of the parties for up to four(4) consecutive one (1) year renewal periods. SECTION IV CONSIDERATION 4.1 Motorola shall provide the Equipment based on the pricing structure in the following Price Lists and the Current version of Motorola's Domestic User Price Book at the time an order is placed. Broward County Sheriff's Office and only Broward County Agencies will benefit from pricing discounts as follows within the applicable term. Once the Term expired the following discount matrix will be in effect. 7 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 504 of 863 (2) (1) P25 APX Subscribers 40% Discount—Term two years from June 7, 2017 (June 7, 2019)APX Accessories 29% Discount—Term two years from June 7, 2017 (June 7, 2019) (3) P25 APS Subscriber 3 year Factory Warranty — Term effective until Broward County begins P25 System Cutover Other Florida State and Local Agencies may use this Agreement to purchase from Motorola using the BSO Standard Discount Matrix and the BSO Large Volume Order Quantity Break Discounts Matrix. Discount% Off of Category of Equipment Current List Price 15% X-Series P25 Subscribers 25% APX P25 Subscribers 23% X-Series/APX Accessories 15% X-Series Non-P25 Subscribers 20% APX Non-P25 Subscribers 15% TRBO Subscribers and Accessories 15% Motorola WARIS Categorized Commercial Subscribers and Accessories 15% On all other Motorola Manufactured Equipment 25% SCADA Equipment 8% Motorola Drop Ship Equipment 15% Wireless Broadband and Networking Equipment 10% Computer Aided Dispatch (CAD) 5% Long Term Evolution (LTE) 7% Video Security Solutions 10% In vehicle Camera, Si500 Dems (Body Worn Camera) and ALPR Solutions t s APX P25 Radio APX Accessory Discount%off of Discount%off of Volume Breaks Current List Price Current List Price Motorola ref no. 12-29077/JHJ, 1-3-18 Page 505 of 863 500-999 30% 25% 1000-1999 33% 27% 2000 and Greater I 40%_1 29% 4.2 Motorola shall submit invoices to the BSO detailing the equipment provided and the cost ofsuch Equipment. U B���h� haveUleMwritten within BSO'S receipt ofsuch invoice. If no objection is made within such seven (7) days period, payment shall be made within ban (10) days thereafter. 4.3 Motorola shall allow other governmental entities and agencies within Broward County or the State of Florida to purohaoe, under the same terms and conditions, the equipment provided for in this Agreement. 4.4 FRBGHT, T|TLE, AND RISK OF LOSS. K8obono\o will pre-pay and add all freight charges to the invoices. Title and risk of |000 to the Equipment will pass to BSO upon acceptance of the delivery by BS(]. Title to Software will not pass to BSC) at any time. Motorola will pooh and ship all Equipment in accordance with good commercial practices. 4.5 INVOICING AND SHIPPING ADDRESSES. Invoices will be sent tothe BSO at the following address: Nomom B. VVaden. Esq., C.P.A.. Director Bureau ofFinance & Budget BnowmndSheriff's Office 2OO1VV. BrowandBoulevard Fort Loudondo|o, Florida 33311 Bnzwond County. Florida is the ultimate destination where the Equipment will be delivered to BSO. The Equipment will be shipped to the BSC) at the address(es) indicated on the purchase order. BSO may change this information bygiving written notice to Motorola. SECTION VEXPENSES Motorola shall be fully and om|a(y responsible for any and all expenses incurred by Motorola in the performance of this AunaennonL ino|uding, but not limited to, 000d of supplies, fees, |ioenaeo, bonds or its applicable taxoo, and all other costs of doing business. Motorola shall not, in any mannor, incur indebtedness onbehalf ofBSO. SECTION ^' SOVEREIGN IMMUNITY BSC] is entitled to the protections of sovereign immunity as set forth in Florida Statutes Seo. 768.28 Nothing in this Agreement is intended or shall be deemed to waive or modify BSO'S sovereign immunity. SECTION \/|| SITES AND SITE C/l0[1|T|ONS 7.1 ACCESS TO SITES. If Motorola is providing installation or other oen/imao. BG(] will provide all necessary construction and building permits, |imanooa. and the like; and mocmao to the work sites or vehicles as reasonably requested by Motorola so that it may perform its contractual duties. * Motorola ref no. 1o'uVo77U*J. 1'3'1e Page 506Of863 7.2 SITE CONDITIONS. If Motorola is providing installation or other services at BSO's sites, BSO will ensure that these work sites are safe, secure, and in compliance with all applicable industry and OSHA standards. BSO will ensure that these work sites have adequate physical space; air conditioning and other environmental conditions; electrical power outlets, distribution and equipment; and telephone or other communication lines, all for the installation, use, and maintenance of the Products. SECTION VIII ACCEPTANCE Acceptance of the Products will occur upon delivery to BSO unless a statement of work or acceptance test plan exists and provides for acceptance verification or testing, in which case acceptance of the Products will occur upon successful completion of the acceptance verification or testing,. Notwithstanding the preceding sentence, BSO's use of the Products for their operational purposes will constitute acceptance. SECTION IX WARRANTY 9.1 EQUIPMENT WARRANTY. From one (1) year from the date of delivery of the Equipment provided by Motorola under this Agreement ("Warranty Period"), Motorola warrants that the Equipment under normal use and service will be free from material defects in materials and workmanship. 9.2 MOTOROLA SOFTWARE WARRANTY. Motorola warrants the Motorola Software solely in accordance with the terms of the Software License Agreement and the provisions of this Section that are applicable to the Motorola Software. BSO hereby accepts and agrees to abide by all of the terms and restrictions of the Software License Agreement, Any Non-Motorola Software is licensed to BSO in accordance with the standard license, terms, and restrictions of the copyright owner on the Effective Date unless the copyright owner has granted to Motorola the right to sublicense the Non-Motorola Software pursuant to the Software License Agreement, in which case it applies and the copyright owner will have all of Licensor's rights and protections under the Software License Agreement. Motorola makes no representations or warranties of any kind regarding Non-Motorola Software. Non-Motorola Software may include open source software. All open source software is licensed to BSO in accordance with, and BSO agrees to abide by, the provisions of the stands license of the copyright owner and not the Software License Agreement. Upon request by BSO, Motorola will use commercially reasonable efforts to determine whether an open source software will be provided under this Agreement; and if so, identify the open source software and provide to BSO a copy of the applicable standard license(or specify where that license may be found); and provide to BSO a copy of the open source software source code if it is publicly available without charge (although a distribution fee or a charge for related services may be applicable). 9.3 SERVICES WARRANTY. During the Warranty Period, Motorola warrants that the services have been performed in a good and workmanlike manner. BSO's exclusive remedy for a breach of this services warranty is, at Motorola's option, to re-perform the services at no cost to the BSO or refund the Contract Price of the services that were not performed in a good and workmanlike manner. 9.4 EXCLUSIONS TO THE EQUIPMENT AND MOTOROLA SOFTWARE WARRANTIES. These warranties do not apply to : (i) defects or damage resulting from: use of the Equipment or Motorola Software in other that its normal, customary, and authorized manner; accident, liquids, neglect, or acts of God; testing, modification, or adjustment not provided or authorized in writing by Motorola; BSO'S failure to comply with all applicable industry and OSHA standards, (ii) breakage of or damage to antennas unless caused directly by defects in material or workmanship, (iii) Equipment that has had the serial number removed or made illegible; (iv) batteries (because they carry their own separate limited warranty) or consumables; (v) freight cost to ship Equipment to the repair depot; (vi) scratches or other cosmetic damage to Equipment surfaces that does not affect the operation of the Equipment; and )vii) normal or customary wear and tear. 9.5 WARRANTY CLAIMS. To assert a warranty claim, BSO must notify Motorola in writing of the claim before the expiration of the Warranty Period. Upon receipt of this notice, Motorola will investigate 10 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 507 of 863 the warranty claim. If this investigation confirms a valid warranty claim, Motorola will (at its option and at no additional charge to SHERIFF) repair the defective Equipment or Motorola Software, replace it with the same or equivalent product, or refund the price of the defective Equipment or Motorola Software. That action will be the full extent of Motorola's liability for the warranty claim. If this investigation indicates the warranty claim is not valid, then Motorola may invoice BSO for responding to the claim on a time and materials basis using Motorola's then current labor rates. Repaired or replaced product is warranted for the balance of the original applicable Warranty Period. All replaced products or parts will become the property of Motorola. 9.6 ORIGINAL END USER IS COVERED. These express limited warranties are extended by Motorola to the original user purchasing the Products for commercial, industrial, or governmental use only, and are not assignable or transferable. 9.7 DISCLAIMER OF OTHER WARRANTIES. THESE WARRANTIES ARE THE COMPLETE WARRANTIES FOR THE EQUIPMENT AND MOTOROLA SOFTWARE PROVIDED UNDER THIS AGREEMENT AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES. MOTOROLA DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SECTION X OPEN-END CONTRACT No guarantee is expressed or implied as to the total quantity of equipment purchased under this Agreement. BSO reserves the right to use other vendors for such services. SECTION XI EMPLOYMENT RESPONSIBILITY 11.1 Any employees utilized by Motorola to fulfill the terms and conditions of the Agreement shall be deemed employees of Motorola, not the BSO. 11.2 Accordingly, Motorola shall be responsible for assuming the cost of contributions to pension funds, insurance premiums, workers compensation funds (Chapter 440, FSA), or other recognized employee benefits. 11.3 BSO shall not be liable for, and Motorola agrees to indemnity BSO against any liability resulting from personal injury or illness, to Motorola's employees, agents, or servants during the performance of the services, duties, and responsibilities contemplated herein. SECTION XII SUBCONTRACTORS Motorola shall not subcontract its rights or obligations under this Agreement, unless prior written approval is received from the BSO. In the event any additional or different subcontractors are required or requested by BSO, or in the event BSO rejects the use of a particular subcontractor, such rejection must be submitted in writing and be based on just and reasonable cause. Any resultant change in contract price and/or schedule shall be mutually agreed upon. SECTION XIII CRIMINAL HISTORY 13.1 Motorola represents that, to the best of its knowledge and belief, its principal owners, partners, corporate officers, and employees do not have any past felony criminal convictions or any pending criminal charges. Such information, if applicable, would be set forth in Motorola's Annual Report and 10-K filings. 13.2 BSO reserves the right to approve or reject, for any reason, Motorola's staff assigned to this project at any time. Motorola's employees on premises may be subject to a criminal background check at the BSO'S expense, prior to providing services pursuant to this Agreement. 11 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 508 of 863 SECTION XIV INDEPENDENT CONTRACTOR 14.1 Motorola has the right to provide services to others or hold itself out to the public as available to engage in agreements with others. 14.2 Motorola shall at all times be an independent contractor under this agreement, rather than an employee, agents, or representative to BSO, and no act, action, or omission to act by Motorola shall in any way obligate or bind BSO. SECTION XV PAYMENT OF TAXES BSO shall provide Motorola with proof of tax exemption upon execution of this Agreement. Notwithstanding anything to the contrary herein, Motorola shall not be liable for payment of any taxes that are levied against BSO as a result of the purchase, ownership, or use of the Products. SECTION XVI TERMINATION 16.1 In the event that either party is in breach of any of terms and conditions of this Agreement, the non-breaching party shall provide written notice of such breach. The breaching party shall have ten (10) days from receipt of such notice to cure any breach under this Agreement. In the event the breaching party fails to cure such breach within the ten (10)day period, the non-breaching party reserves the right to immediately terminate this Agreement for cause.. 16.2 BSO reserves the right to terminate this Agreement, without cause, upon providing Motorola with written notice of such termination. BSO agrees to pay Motorola for all Equipment shipped and services rendered prior to the notice of termination. SECTION XVII CIVIL RIGHTS REQUIREMENTS 17.1 Motorola shall comply with all applicable sections of the Americans with Disabilities Act. 17.2 Motorola shall not discriminate on the basis of race, age, color, gender, or national origin. 17.3 Motorola agrees that compliance with this Section constitutes a condition to the Agreement, and that it is binding up Motorola, its successors, transferees, and assignees for the period during which services are provided. Motorola further assures that all subcontractors are not in violation of the terms of the Section. SECTION XVIII CONFIDENTIALITY 18.1 Motorola shall not at any time, in any manner, either directly or indirectly„ communicate to any person, firm„ corporation or other entity any information of any kind concerning any matter affecting or relating to the business of BSO, including, but not limited to, its manner of operation„ its plans, computer systems, processes or other data of any kind, nature or description. 18.2 "Confidential Information" means all information consistent with the fulfillment of this Agreement that is (i) disclosed under this Agreement in oral, written, graphic, machine recognizable, and/or sample form, being clearly designated, labeled or marked as confidential or its equivalent or (ii) obtained by examination, testing or analysis of any hardware, software or any component part thereofprovided by discloser to recipient. The nature and existence of this Agreement are considered Confidential Information. Confidential Information, that is disclosed orally must be identified as confidential at the time of disclosure and confirmed by the discloser by submitting a written document to the recipient within thirty (30) days after such disclosure. The written document mast contain a summary of the Confidential Information disclosed with enough specificity for identification purpose and must be labeled or marked as confidential or its equivalent. 12 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 509 of 863 18.3. Confidentiality Obligation. Each party is a disclosing party ("Discloser") and a receiving party ("Recipient") under this Agreement. During the term of this Agreement and for a period of three (3) years from the date of expiration or termination of this Agreement, recipient will (i) not disclose Confidential Information to any third party; (ii) restrict disclosure of Confidential Information to only those employees (including, but not limited to, employees of any wholly owned subsidiary, a parent company, any other wholly owned subsidiaries of the same parent company), agents or consultants who must be directly involved with the Confidential Information for the purpose and who are bound by confidentiality terms substantially similar to those in this Agreement; (iii) not reverse engineer, de-compile or disassemble any Confidential Information; (iv) use the same degree of care as for its own information of like importance, but at least use reasonable care, in safeguarding against disclosure of Confidential Information; (v) promptly notify discloser upon discovery of any unauthorized use or disclosure of the Confidential Information and take reasonable steps to regain possession of the Confidential Information and prevent further unauthorized actions or other breach of this Agreement; and (vi) only use the Confidential Information as needed to fulfill this Agreement. 18.4. Required Disclosure. If a recipient is required to disclose Confidential Information pursuant to applicable law, statute, or regulation, or court order, the recipient will give to the discloser prompt written notice of the request and a reasonable opportunity to object to such disclosure and seek a protective order or appropriate remedy. If, in the absence of a protective order, the recipient determines, upon the advice of counsel, that it is required to disclose such information, it may disclose only Confidential Information specifically required and only to the extent required to do so. 18.5. Confidential Exceptions. Recipient is not obligated to maintain as confidential, Confidential Information that recipient can demonstrate by documentation (i) is now available or becomes available to the public without breach of this Agreement; (ii) is explicitly approved for release by written authorization of discloser; (iii) is lawfully obtained from a third party or parties without a duty of confidentiality; (iv) is known to the recipient prior to such disclosure; or (v) is independently developed by recipient without the use of any discloser's Confidential Information or any breach of this Agreement. 18.6. Ownership and Retention. All Confidential Information remains the property of the discloser and will not be copied or reproduced without the express written permission of the discloser, except for copies that are absolutely necessary in order to fulfill this Agreement. Within ten (10) days of receipt of discloser's written request, recipient will return all Confidential Information to discloser along with all copies and portions thereof, or certify in writing that all such Confidential Information has been destroyed. However, recipient may retain one (1) archival copy of the Confidential Information that it may use only in case of a dispute concerning this Agreement. No license, express or implied, in the Confidential Information is granted other than to use the Confidential Information in the manner and to the extent authorized by this Agreement. The discloser warrants that it is authorized to disclose any Confidential Information it discloses pursuant to this Agreement. SECTION XIX PRESERVATION OF PROPRIETARY RIGHTS Motorola, the third party manufacturer of any Equipment, and the copyright owner of any Non-Motorola Software own and retain all of their respective Proprietary Rights in the Equipment and Software, and nothing in this Agreement is intended to restrict their Proprietary Rights. All intellectual property developed, originated, or prepared by Motorola in connection with providing to BSO the Equipment, Software, or related services remain vested exclusively in Motorola, and this Agreement does not grant to BSO any shared development rights of intellectual property. Except as explicitly provide in the Software License Agreement, Motorola does not grant to BSO, either directly or by implication, estoppels, or otherwise, any right, title or interest in Motorola's Proprietary Rights. BSO will not modify, disassemble, peel components, decompile, otherwise reverse engineer or attempt to reverse engineer, derive source code or create derivative works from, adapt, translate, merge with other software, reproduce, or export the Software, or permit or encourage any third party to do so. The preceding sentence does not apply to open source software which is governed by the standard license of the copyright owner. 13 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 510 of 863 SECTION XX INDEMNIFICATION 20.1 GENERAL INDEMNITY BY MOTOROLA. Motorola will indemnify, hold harmless and defend BSO, his officers and employees from any and all liability, expense, judgment, suit, cause of action, or demand from personal injury„ death, or direct damage to tangible property which may accrue against BSO to the extent it is caused by the negligent acts or omissions or willful misconduct of Motorola, its subcontractors, or their employees or agents. The BSO agrees to give Motorola prompt, written notice of any claim or suit. BSO will cooperate with Motorola in its defense or settlement of the claim or suit. This section sets forth the full extent of Motorola's general indemnification of BSO from liabilities that are in any way related to Motorola's performance under this Agreement. 20.2 INFRINGEMENT CLAIM INDEMNIFICATION. Motorola will defend at is expense any suit brought against BSC} to the extent that it is based on an Infringement Claim, and Motorola will indemnify BSO for those costs and damages finally awarded against BSO for an Infringement Claim. Motorola's duties to defend and indemnify are conditioned upon BSO promptly notifying Motorola in writing of the Infringement Claim; Motorola having sole control of the defense of the suit and all negotiations for its settlement or compromise; and BSO providing to Motorola cooperation and, if requested by Motorola, reasonable assistance in the defense of the infringement Claim. 20.3 If an Infringement Claim occurs, or in Motorola's opinion is likely to occur, Motorola may at its option and expense, procure for BSO the right to continue using the Equipment or Motorola Software, replace or modify it so that it becomes non-infringing while providing functionally equivalent performance, or grant BSO a credit for the Equipment or Motorola Software as depreciated and accept its return. The depreciation amount will be calculated based upon generally accepted accounting standards for such Equipment and Motorola Software. 20.4 Motorola will have no duty to defend or indemnify for any Infringement Claim that is based upon the combination of the Equipment or Motorola Software with any software, apparatus or device not furnished by Motorola; the use of ancillary equipment or software not furnished by Motorola and that is attached to or used in connection with the Equipment or Motorola Software; any Equipment that is not Motorola's deign or formula; a modification of the Motorola Software by a party other than Motorola; or the failure by BSO to install an enhancement release to the Motorola Software that is intended to correct the claimed infringement. The foregoing states the entire liability of Motorola with respect to infringement of patents and copyrights by the Equipment„ Motorola Software, and any of their parts. SECTION XXI INSURANCE Throughout the duration of this Agreement and for all applicable statute of limitation periods, Motorola shall maintain in full force and effect the insurance coverage set forth in the attached and incorporated Memorandum of Insurance — Exhibit C. Within thirty (30) day written notice by BSO, Motorola shall provide a Certificate of Insurance Evidencing such coverage. SECTION XXII PUBLIC ENTITY CRIMES ACT In accordance with the Public Entity Crimes Act (Section 287.133, Florida Statutes), a person or affiliate who has been placed on the convicted vendor list maintained by the State of Florida Department of General Services following a conviction for a public entity crime may not submit a bid on a contract with the BSO, may not be awarded or perform work as a consultant, supplier, or subcontractor, under a contract with BSO, and may not conduct business with BSO for a period of thirty six(36) months from the date of being placed on the convicted vendor list. Violation of this section by Motorola shall result in termination of this Agreement and may cause Motorola's debarment. 14 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 511 of 863 SECTION XXIII DRUG-FREE WORKPLACE Motorola shall provide a drug-free workplace program in accordance with applicable laws and in accordance with the Drug Free Workplace Certification attached as Exhibit"D" and incorporated herein. SECTION XXIV ASSIGNMENT This Agreement, or any interest herein, shall not be assigned, transferred, or otherwise encumbered by Motorola, under any circumstances, without the prior written consent of BSO, except that Motorola may assign this Agreement to any of its affiliates or its right to receive payment without the prior consent of Customer. SECTION XXV NOTICE Any notice hereunder by one party to the other party shall be given in writhing by personal delivery, facsimile, regular mail, commercial express carrier such as Federal Express, UPS, or DHL, or certified mail with proper postage,, to the party at the addresses designated in the Agreement. Any notice shall be effective on the date it is received by the addressee. Either party may change its address for notice purposed by giving the other party notice of such change in accordance with this paragraph. Notices shall be addressed as follows: Broward Sheriffs Office 2601 W. Broward Boulevard Fort Lauderdale, FL 33312 With a copy to: Office of the General Counsel Broward Sheriffs Office 2601 W. Broward Blvd. Fort Lauderdale, FL 33312 Motorola Motorola Solutions, Inc., Legal, Government Affairs and Corporate Communications 500 West Monroe Street, 43rd Floor Chicago, IL 6066196 Attn.: Judy Jean-Pierre, Sr. Counsel SECTION XXVI AGREEMENT TERMS TO BE EXCLUSIVE This written Agreement contains the sole and entire Agreement between the parties, The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this Agreement or any representation inducing its execution and delivery except such representations as are specifically set forth in the writhing, and the parties acknowledge that they have relied on their own judgment in entering into the sage. The parties further acknowledge that any statements or representation that may that may have been made by either of them to the other are void and of no effect and that neither of them has relied on such statements or representation in connection with its dealing with the other. SECTION XXVII WAIVER OR MODIFICATION OF AGREEMENT No waiver or modification of this Agreement or of any covenant, condition, or limitation contained herein shall be valid unless it is reduced to written form and duly executed by the parties. No evidence of any waiver or modification of the terms herein shall be offered or received in evidence in any proceeding, 15 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 512 of 863 arbitration, or litigation between the parties ahoing, in any manner, out of this Agreement, unless such waiver ormodification ioinwriting and duly executed bythe parties. SECTION XX\ U| AGREEMENT GOVERNED BY LAW OF STATE OF FLORIDA |tisthe parUes' ' intent that this Agreement and its performance, mawell as, all suits and special proceedings relatingto it, be construed in accordance with and pursuant to the laws of the State of Florida. The laws of the State of Florida shall be applicable and shall govern to the exclusion of the |avv of any other forum, without regard to the jurisdiction in which any legal action or special proceeding may be inetituhod, commenced, or initiated. SECTION XX|X THIRD PARTY BENEFICIARIES Neither Motorola nor BSC] intends to directly or indirectly benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a claim against the parties based upon this Agreement. SECTION M LIMITATION OF LIABILITY |TY Except for personal injury or death. Motorola's total liability, whether for breach of contract, warranty, negligence, � liability in tort, indemnification, or otherwise, will �� limited to the direct �� ag�� ~ ~ strictstrictrecoverable under law, but not hoexceed the price ofthe Equipment, Software, orservices with respect to which losses or damages are claimed. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY ^ OF SUCH LOSSES OR OAyNAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, T|K8E, OAT7\, GOOD VV|LL, REVENUES, PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGFlEEK8ENT, THE SALE OR USE . OF THE EQUIPMENT OR GOFlWARE, OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THE AGREEMENT. This |innibabmn of liability provision survives the expiration o, termination of the Agreement and applies notwithstanding any contrary provision. No action for contract breach or otherwise relating to the transactions contemplated by the Agreement may be brought more that one (1) year after the accrual of the cause of action, except for money due upon an open account. SECTION XXX| MAINTENANCE SERVICE TERMS AND CONDITIONS These Maintenance Service Terms and Conditions (Maintenance) apply to services whereby Motorola will provide to Customer either (1) maintenanoa, oupport, or other post warranty services, o, (2) inoboUoUun services under Motorola Installation A0nemmmnt, as described in dmboi| in the associated statement of work for Maintenance. At Customer's naqumot. K8ob:ro|o may also provide additional oan/i000 at Motorola's then-applicable rmboa for the nan/icoa. 31.1 Motorola parts orparts ofequal quality will boused; the Equipment will beserviced atlevels set forth in the manufacturer's product manuals; and routine service procedures that are prescribed by Motorola will be followed. 31.2 If Customer purchases from Motorola additional equipment that becomes port of the same ovotonn as the initial Equ|pmlent, the additional equipment may be added tothis Agreement and will be billed otthe applicable rates after the warranty for that additional equipment expires. 31.3. All Equipment must be in good working order on the Start Date or when additional equipment is added to the AonoannenL Upon reasonable request by Motorola, {�untomnmrvvi(| provide a complete amrimi and model number list ofthe Equipment. Customer must promptly notify Motorola in writing when any 16 Motorola ref no. 12-uVo7nJHJ. 1'a'1a Page 513 Of 863 Equipment is lost, damaged, stolen, or taken out of service. Customer's obligation to pay Service fees for this Equipment will terminate at the end of the month in which Motorola receives the written notice. 31.4 Customer must specifically identify any Equipment that is labeled intrinsically safe for use in hazardous environments. 31,5. If Equipment cannot, in Motorola's reasonable opinion, be properly or economically serviced for any reason, Motorola may modify the scope of Services related to that Equipment; remove that Equipment from the Agreement; or increase the price to Service that Equipment. 31.6 Customer must promptly notify Motorola of any Equipment failure. Motorola will respond to Customer's notification in a manner consistent with the level of Service purchased as indicated in this Agreement. 31.7 EXCLUDED SERVICES. Service excludes the repair or replacement of Equipment that has become defective or damaged from use in other than the normal, customary, intended, and authorized manner; use not in compliance with applicable industry standards; excessive wear and tear; or accident, liquids, power surges, neglect, acts of God or other force majeure events. Unless specifically included in this Agreement, Service excludes items that are consumed in the normal operation of the Equipment, such as batteries or magnetic tapes.; upgrading or reprogramming Equipment; accessories, belt clips, battery chargers, custom or special products, modified units, or software; and repair or maintenance of any transmission line, antenna, microwave equipment, tower or tower lighting, duplexer, combiner, or multi-coupler. Motorola has no obligations for any transmission medium, such as telephone lines, computer networks, the internet or the worldwide web, or for Equipment malfunction caused by the transmission medium. 31.8 TIME AND PLACE OF SERVICE. Service will be provided at the location specified in this Agreement. When Motorola performs service at Customer's location, Customer will provide Motorola, at no charge, a non-hazardous work environment with adequate shelter, heat, light, and power and with full and free access to the Equipment. Waivers of liability from Motorola or its subcontractors will not be imposed as a site access requirement. Customer will provide all information pertaining to the hardware and software elements of any system with which the Equipment is interfacing so that Motorola may perform its Services. Unless otherwise stated in this Agreement, the hours of Service will be 8:30 a.m. to 4:30 p.m., local time, excluding weekends and holidays. Unless otherwise stated in this Agreement, the price for the Services exclude any charges or expenses associated with helicopter or other unusual access requirements; if these charges or expenses are reasonably incurred by Motorola in rendering the Services, Customer agrees to reimburse Motorola for those charges and expenses. 31.9 CUSTOMER Contact. Customer will provide Motorola with designated points of contact (list of names and phone numbers) that will be available twenty-four (24) hours per day, seven (7) days per week, and an escalation procedure to enable Customer's personnel to maintain contact, as needed, with Motorola. 31.10 PAYMENT. Unless alternative payment terms are stated in this Agreement, Motorola will invoice Customer in advance for each payment period. All other charges will be billed monthly, and Customer must pay each invoice in U.S. dollars within thirty (30) days of the invoice date. Customer will reimburse Motorola for all legally imposed property taxes, sales and use taxes, excise taxes, and other legally imposed taxes or assessments that are levied as a result of Services rendered under this Agreement (except income, profit, and franchise taxes of Motorola) by any governmental entity. 31.11 TERMINATION of Maintenance. Any termination of Maintenance will not relieve either party of obligations previously incurred pursuant to this Section 31, including payments which may be due and owing at the time of termination. All sums owed by Customer to Motorola will become due and payable immediately upon termination of Maintenance. Upon the effective date of termination, Motorola will have no further obligation to provide Services. 31.12 LIMITATION OF LIABILITY. Except for personal injury or death, Motorola's total liability, whether for breach of contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages recoverable under law, but not to exceed the price of twelve (12) months of Service provided 17 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 514 of 863 under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT be liable for any consequential damages IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE PERFORMANCE OF SERVICES BY MOTOROLA PURSUANT TO THIS AGREEMENT. No action for contract breach or otherwise relating to the transactions contemplated by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except for money due upon an open account. This limitation of liability will survive the expiration or termination of this Agreement and applies notwithstanding any contrary provision. 31.13 EXCLUSIVE TERMS AND CONDITION. This Agreement supersedes all prior and concurrent agreements and understandings between the parties, whether written or oral, related to Maintenance, and there are no agreements or representations concerning the subject matter of this Agreement except for those expressed herein. The Agreement may not be amended or modified except by a written agreement signed by authorized representatives of both parties. 31.14 Customer agrees to reference this Agreement on any purchase order issued in furtherance of Maintenance; however, an omission of the reference to this Agreement will not affect its applicability. In no event will either party be bound by any terms contained in a Customer purchase order, acknowledgement, or other writings unless:. the purchase order, acknowledgement, or other writing specifically refers to this Agreement; clearly indicate the intention of both parties to override and modify this Agreement; and the purchase order, acknowledgement, or other writing is signed by authorized representatives of both parties. 31.15 COVENANT NOT TO EMPLOY. During the term of this Agreement and continuing for a period of two (2) years thereafter, Customer will not hire, engage on contract, solicit the employment of, or recommend employment to any third party of any employee of Motorola or its subcontractors without the prior written authorization of Motorola. This provision applies only to those employees of Motorola or its subcontractors who are responsible for rendering services under this Agreement. If this provision is found to be overly broad under applicable law, it will be modified as necessary to conform to applicable law. 31.16 MATERIALS, TOOLS AND EQUIPMENT. All tools, equipment, dies, gauges, models, drawings or other materials paid for or furnished by Motorola for the purpose of this Agreement will be and remain the sole property of Motorola. Customer will safeguard all such property while it is in Customer's ci.istody or control, be liable for any loss or damage to this property, and return it to Motorola upon request. This property will be held by Customer for Motorola's use without charge and may be removed from Customer's premises by Motorola at any time without restriction. 31.17 At the anniversary date, Motorola may adjust the price of the Services to reflect its current rates. 31.18 If Motorola provides Services after the termination or expiration of this Agreement, the terms and conditions in effect at the time of the termination or expiration will apply to those Services and Customer agrees to pay for those services on a time and materials basis at Motorola's there effective hourly rates.. SECTION M11 MISCELLANEOUS 32.1 Motorola shall comply with all the applicable statutes, laws, rules, codes, ordinances, and regulations of any and all federal, state, and local political bodies having jurisdiction over the services provided herein. 32.2 In the event either party brings an action against the other to enforce any conditions or covenant of this Agreement; the prevailing party in such action shall be entitled to recover the court costs and reasonable attorneys' fees in the judgment rendered in such action. 32.3 The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 18 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 515 of 863 32.4 Venue in any proceeding or action amount the parties arising out of this Agreement shall be in Broward County, Florida. 32.6 In entering this Agreement, the parties represent that they have had a reasonable opportunity to seely and select legal advice and have relied upon the advice of their own legal representative, who is an attorney of their own choice, or have voluntarily chosen not to seek the advice of an attorney. The terms of this Agreement have been completely read and are fully understood and voluntarily accepted by them. 32.6 The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of the Agreement. All personal pronouns used in the Agreement shall include the other gender, and the singular shall include the plural, and vice versa, unless the context otherwise requires.. Terms such as "herein," "hereof," "hereunder," and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, paragraph, or section where they appear, unless the context otherwise requires. Whenever reference is made to a Section or Article of this Agreement, such reference is to the Section or Articles as a whole, including all of the subsections of such Section, unless the reference is made to a particular subsection or subparagraph of such Section or Article. 32.7. SURVIVAL OF TERMS. The following provisions survive the expiration or termination of this Agreement for any reason: Subsection 9.7 (Disclaimer of Implied Warranties); Section 18 (Confidentiality); Section 19 (Proprietary Rights); Section 30 (Limitation of Liability), Section 31 (Maintenance) all of the General terms in this Section 32; and Exhibit A (Motorola Software License Agreement. 32.8. Motorola shall comply with public records laws, specifically to: (a) Keep and maintain public records that ordinarily and necessarily would be required by BSO in order to perform the services contemplated in this Agreement. (b) Provide the public with access to public records on the same terms and conditions that BSO would provide the records and at a cost that does not exceed the cost as provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no cost, to BSO all public records in possession of Motorola upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to BSO in a format that is compatible with the information technology systems of BSO. 19 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 516 of 863 IN WITNESS, the parties hereby execute this Agreement on the dates set forth below: MOTOROLA SOLUTIONS, INC. r By: we� Date: t Robert E. Marshall, Jr. (AUTHO I ED REPRESENTATIVE) Title: Regional Vice President SCOTT ISRAEL, AS SHERIFF OF BROWARD COUNTY, FLORIDA 6�. By: a Date: - f Colo el Har i gton Executive ctor, Department of Administration Approved as to form and legal sufficiency subject toexec parties: By: Date: ( � Ronal Gunzburger,, General Counsel 'Office of the General Counsel 20 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 517 of 863 Exhibit A Software License Agreement This Exhibit A Software License Agreement ("Agreement") is between Motorola Solutions, Inc. ("Motorola") and the Broward County Sheriff's Office ("Licensee"). For good and valuable consideration, the parties agree as follows: Section 1 DEFINITIONS 1.1 "Designated Products" means products provided by Motorola to Licensee with which or for which the Software and Documentation is licensed for use. 1.2 "Documentation" means product and software documentation that specifies technical and performance features and capabilities, and the user, operation and training manuals for the Software (including all physical or electronic media upon which such information is provided). 1.3 "Open Source Software" means software with either freely obtainable source code, license for modification, or permission for free distribution. 1.4 "Open Source Software License" means the terms or conditions under which the Open Source Software is licensed. 1.5 "Primary Agreement" means the agreement to which this exhibit is attached. 1,6 "Security Vulnerability" means a flaw or weakness in system security procedures, design, implementation, or internal controls that could be exercised (accidentally triggered or intentionally exploited) and result in a security breach such that data is compromised, manipulated or stolen or the system damaged. 1.7 "Software" (i) means proprietary software in object code format, and adaptations, translations, de- compilations, disassemblies, emulations, or derivative works of such software; (ii) means any modifications, enhancements, new versions and new releases of the software provided by Motorola; and (iii) may contain one or more items of software owned by a third party supplier. The term "Software" does not include any third party software provided under separate license or third party software not licensable under the terms of this Agreement. Section 2 SCOPE Motorola and Licensee enter into this Agreement in connection with Motorola's delivery of certain proprietary Software or products containing embedded or pre-loaded proprietary Software, or both. This Agreement contains the terms and conditions of the license Motorola is providing to Licensee, and Licensee's use of the Software and Documentation.. Section 3 GRANT OF LICENSE 3.1. Subject to the provisions of this Agreement and the payment of applicable license fees, Motorola grants to Licensee a personal, limited,. non-transferable (except as permitted in Section 7) and non- exclusive license under Motorola's copyrights and Confidential Information (as defined in the Primary Agreement) embodied in the Software to use the Software, in object code form, and the Documentation solely in connection with Licensee's use of the Designated Products.. This Agreement does not grant any rights to source code. 21 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 518 of 863 3� |ftha8ofbwmna |iconsodundmrthkaAmrmannmntcontainooriodmr�edhnnn ��ponGouroeGofbwano. the terms— � and conditions i the - of such Open Source Software are in the Open Source Software Licenses of the copyright owner and not this Agreement. If there is a conflict between the terms and conditions of this Agreement and the terms and conditions of the Open Source Software Licenses governing Licensee's use of the Open Source Software, the terms and conditions of the license grant of the applicable Open Source Software Licenses will take precedence over the license grants in this greement. If requested by Licensee, Motorola will use commercially reasonable efforts to: (i) determine whether any Open Source Software is provided under this Aqreement; (ii) identify the Open Source Software and provide Licensee a copy of the applicable Open Source Software License (or specify where that license may be found); and, (iii) provide Licensee a copy of the Open Source Software source code, without charge, if it is publicly available (although distribution fees may be applicable). Section LIMITATIONS ON USE 41 Licensee may use the Software only for Licensee's internal business purposes and only in accordance rdanoe with the Documentation. Any other use of the Software is strictly prohibited. Without |imilimitingt — general nature of these restrictions, Licensee will not make the Software available for use by third parties the a "Nme sharing", "application service provider," or "service bureau" basis o, for any other similar commercial rental orsharing arrangement. 42 Licensee will not, and will not allow or enable any third party to: (i) reverse onQinmar, disassemble, pe�| components, doconnpi|m` repn»gnennorotherwise reduce the Sofbwmnoorany po�ionto a human perceptible form or otherwise attempt to nacnomte the source code; (ii) modifv, adapt, cnaab*derivative works of, ormerge the Software; (iii) copy, reproduce, distribute, lend, or tease the Software or Documentation to any third party, grant any sublicense or other rights in the Software or Documentation toany third partor take the Software or[}ocummentationtobe placed inthe public domain; (iv) remove, or in any way'' alter bod hL notice or other o#Uoe of Motorola's proprietary rights; (v) provide, copy, transmit, disclose, divulge or make the Software or Documentation available to, or permit the use of the Software by any third party or on any machine except as expressly authorized by this Agreement; or (vi) use, or permit the use of, the Software in a manner that would result in the production of a copy of the Software solely by activating a machine containing the Software. Licensee may make one copy of Software to be used solely for archival, back- up, or disaster recovery purposes; provided that Licensee may not operate that copy of the Software at the same time as the original Software is being operated. Licensee may make as many copies of the Documentation as it may reasonably require for the internal use of the Software. 4� \JN��e�Ul�nwi���uthor1zedbyy�ohoroiai0wrMing, LicenseewUlnot, andvvi}| not enaNaoraU0w ' ' any third party to: (0 install a licensed ed copy of the Sofbwane on more than One unit of a Designated ppoduct' or(|[)copy onto ortransfer��ofhmaneinstalled inone unit ofa ��es1QmGtedProduct onto one other device, ^ |ce,Geennay temnporarilytransfer��ofhmareinstaUedon aC)esignatedProduct to another device if the Designated- -- Product is inoperable or malfunctioning, if Licensee provides vv[i�em notice to k8oh3no|a of the �� transfer \dmnhf}���h� device �n which the Sof��,na is transferred. Temporary transfer � mpomary — t-- ��oMlNare to' -�— anotherdevicerDUstbe discontinued vvhenthe original Designated Product ioreturned to— '�-operationand� 1 tho Gmfbwana must be removed from the other device. Licensee must provide prompt written notice to Motorola atthe time temporary transfer is discontinued. 4.4. When using Motorola's Customer's Programming Software (''CPG^). Licensee must purchase a separate |ioanoo for \moodon at L\oono�� um�o CPS. Licensee's use of CPS at licensed oep� � |ooat�--- '----tarUUe Licensee to use or access CPS nonnoto|y. Licensee may make one copy of CPS for --> licensed�-- location. Licensee ohoU provide Motorola with a list ofall locations at which Licensee uses orintends house CPS upon Motorola's request. 22 Motorola ref no. 1u'uyu77u*J. 1'3'1u Page 519Of863 4,r, Licensee will maintain, during the term of this Agreement and for a period of two years thereafter, accurate records relating to this license grant to verify compliance with this Agreement. Motorola or an independent third party("Auditor") may inspect Licensee's premises, books and records, upon reasonable prior notice to Licensee, during Licensee's normal business hours and subject to Licensee's facility and security regulations. Motorola is responsible for the payment of all expenses and costs of the Auditor. Any information obtained by Motorola and the Auditor will be kept in strict confidence by Motorola and the Auditor and used solely for the purpose of verifying Licensee's compliance with the terms of this Agreement. Section 5 OWNERSHIP AND TITLE Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola's processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights. Section 6 LIMITED WARRANTY; DISCLAIMER OF WARRANTY 6.1. The commencement date and the term of the Software warranty will be a period of ninety (90) days from Motorola's shipment of the Software (the "Warranty Period"). If Licensee is not in breach of any of its obligations under this Agreement, Motorola warrants that the unmodified Software, when used properly and in accordance with the Documentation and this Agreement, will be free from a reproducible defect that eliminates the functionality or successful operation of a feature critical to the primary functionality or successful operation of the Software. Whether a defect occurs will be determined by Motorola solely with reference to the Documentation. Motorola does not warrant that Licensee's use of the Software or the Designated Products will be uninterrupted, error-free, completely free of Security Vulnerabilities, or that the Software or the Designated Products will meet Licensee's particular requirements. Motorola makes no representations or warranties with respect to any third party software included in the Software. 6.2 Motorola's sole obligation to Licensee and Licensee's exclusive remedy under this warranty is to use reasonable efforts to remedy any material Software defect covered by this warranty. These efforts will involve either replacing the media or attempting to correct significant, demonstrable program or documentation errors or Security Vulnerabilities. if Motorola cannot correct the defect within a reasonable time, then at Motorola's option, Motorola will replace the defective Software with functionally-equivalent Software, license to Licensee substitute Software which will accomplish the same objective, or terminate the license and refund the Licensee's paid license fee. 6.3. Warranty claims are described in the Primary Agreement. 6.4. The express warranties set forth in this Section 6 are in lieu of, and Motorola disclaims, any and all other warranties (express or implied, oral or written) with respect to the Software or Documentation, including, without limitation, any and all implied warranties of condition, title, non-infringement, merchantability, or fitness for a particular purpose or use by Licensee (whether or not Motorola knows, has reason to know, has been advised, or is otherwise aware of any such purpose or use), whether 23 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 520 of 863 arising by law, by reason of custom or usage of trade, or by course of dealing. In addition, Motorola disclaims any warranty to any person other than Licensee with respect to the Software or Documentation. Section 7 TRANSFERS Licensee will not transfer the Software or Documentation to any third party without Motorola's prior written consent. Motorola's consent may be withheld at its discretion and may be conditioned upon transferee paying all applicable license fees and agreeing to be bound by this Agreement. If the Designated Products are Motorola's radio products and Licensee transfers ownership of the Motorola radio products to a third party, Licensee may assign its right to use the Software (other than CPS and Motorola's FLAShlport@ software) which is embedded in or furnished for use with the radio products and the related Documentation; provided that Licensee transfers all copies of the Software and Documentation to the transferee, and Licensee and the transferee sign a transfer form to be provided by Motorola upon request, obligating the transferee to be bound by this Agreement. Section 8 TERM AND TERMINATION 8.1 Licensee's right to use the Software and Documentation will begin when the Primary Agreement is signed by both parties and will continue for the life of the Designated Products with which or for which the Software and Documentation have been provided by Motorola, unless Licensee breaches this Agreement, in which case this Agreement and Licensee's right to use the Software and Documentation may be terminated immediately upon notice by Motorola. 8.2 Within thirty (30) days after termination of this Agreement, Licensee roust certify in writing to Motorola that all copies of the Software have been removed or deleted from the Designated Products and that all copies of the Software and Documentation have been returned to Motorola or destroyed by Licensee and are no longer in use by Licensee. 8.3 Licensee acknowledges that Motorola made a considerable investment of resources in the development, marketing, and distribution of the Software and Documentation and that Licensee's breach of this Agreement will result in irreparable harm to Motorola for which monetary damages would be inadequate. If Licensee breaches this Agreement, Motorola may terminate this Agreement and be entitled to all available remedies at law or in equity (including immediate injunctive relief and repossession of all non-embedded Software and associated Documentation unless Licensee is a Federal agency of the United States Government). Section 9 UNITED STATES GOVERNMENT LICENSING PROVISIONS This Section applies if Licensee is the United States Government or a United States Government agency. Licensee's use, duplication or disclosure of the Software and Documentation under Motorola's copyrights or trade secret rights is subject to the restrictions set forth in subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights clause at FAR 52.227-19 (JUNE 1987), if applicable, unless they are being provided to the Department of Defense, If the Software and Documentation are being provided to the Department of Defense, Licensee's use, duplication, or disclosure of the Software and Documentation is subject to the restricted rights set forth in subparagraph (c)(1)(4) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 (OCT 1968), if applicable. The Software and Documentation may or may not include a Restricted Rights notice, or other notice referring to this Agreement. The provisions of this Agreement will continue to apply, but only to the extent that they are consistent with the rights provided to the Licensee under the provisions of the FAR or DFARS mentioned above, as applicable to the particular procuring agency and procurement transaction. 24 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 521 of 863 Section 10 CONFIDENTIALITY Licensee acknowledges that the Software and Documentation contain Motorola's valuable proprietary and Confidential Information and are Motorola's trade secrets, and that the provisions in the Primary Agreement concerning Confidential Information apply. Section 11 LIMITATION OF LIABILITY The Limitation of Liability provision is described in the Primary Agreement. Section 12 NOTICES Notices are described in the Primary Agreement. Section 13 GENERAL 13.1. COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption of publication of the Software or public disclosure of any trade secrets associated with the Software. 13.2. COMPLIANCE WITH LAWS. Licensee acknowledges that the Software is subject to the laws and regulations of the United States and Licensee will comply with all applicable laws and regulations, including export laws and regulations of the United States. Licensee will not, without the prior authorization of Motorola and the appropriate governmental authority of the United States, in any form export or re-export, sell or resell, ship or reship, or divert, through direct or indirect means, any item or technical data or direct or indirect products sold or otherwise furnished to any person within any territory for which the United States Government or any of its agencies at the time of the action, requires an export license or other governmental approval. Violation of this provision is a material breach of this Agreement. 13.3. ASSIGNMENTS AND SUBCONTRACTING. Motorola may assign its rights or subcontract its obligations under this Agreement, or encumber or sell its rights in any Software, without prior notice to or consent of Licensee. 13.4. GOVERNING LAW. This Agreement is governed by the laws of the United States to the extent that they apply and otherwise by the internal substantive laws of the State to which the Software is shipped if Licensee is a sovereign government entity, or the internal substantive laws of the State of Illinois if Licensee is not a sovereign government entity. The terms of the U.N. Convention on Contracts for the International Sale of Goods do not apply. In the event that the Uniform Computer Information Transaction Act, any version of this Act, or a substantially similar law (collectively "UCITA") becomes applicable to a party's performance under this Agreement, UCITA does not govern any aspect of this Agreement or any license granted under this Agreement, or any of the parties' rights or obligations under this Agreement. The governing law will be that in effect prior to the applicability of UCITA. 13.5. THIRD PARTY BENEFICIARIES. This Agreement is entered into solely for the benefit of Motorola and Licensee. No third party has the right to make any claim or assert any right under this Agreement, and no third party is deemed a beneficiary of this Agreement. Notwithstanding the foregoing, any licensor or supplier of third party software included in the Software will be a direct and intended third party beneficiary of this Agreement. 13.6. SURVIVAL. Sections 4, 5, 6.3, 7, 8, 9, 10, 11, and 13 survive the termination of this Agreement. 13.7. ORDER OF PRECEDENCE. In the event of inconsistencies between this Exhibit and the Primary Agreement, the parties agree that this Exhibit prevails, only with respect to the specific subject matter of this Exhibit, and not the Primary Agreement or any other exhibit as it applies to any other subject matter. 13.8 SECURITY. Motorola uses reasonable means in the design and writing of its own Software and the acquisition of third party Software to limit Security Vulnerabilities. While no software can be 25 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 522 of 863 guaranteed to be free from Security Vulnerabilities, if a Security Vulnerability is discovered, Motorola will take the steps set forth in Section 6 of this Agreement. 26 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 523 of 863 Exhibit B Parts Warranty This warranty applies within the fifty (50) United States. LIMITED WARRANTY FOR MOTOROLA PARTS PRODUCTS IS LISTED IN THE PRICE AND AVAILABILITY LIST. I. WHAT THIS WARRANTY COVERS AND FOR HOW LONG A. Products Other Than Batteries The Government and Public Safety Division of Motorola Solutions, Inc. ("Motorola") warrants the Motorola-manufactured and supplied radio communications product, including original equipment crystal devices and channel elements ("Product'), against material defects in material and workmanship under normal use and service for a period of one (1) year from the date of shipment. When the purchaser timely and rightfully rejects nonconforming Products, Motorola, at its option, will at no charge either repair the Product (with new or reconditioned parts), replace it with the same or equivalent Product (using new or reconditioned Product), or refund the purchase price of the Product during the warranty period provided purchaser notifies Motorola according to the terms of this warranty. Repaired or replaced Product is warranted for the balance of the original applicable warranty period. All replaced parts of the Product shall become the property of Motorola. This express limited warranty is extended by Motorola to the original end user purchaser purchasing the Product for purposes of leasing or for commercial, industrial, or governmental use only, and is not assignable or transferable to any other party. This is the complete and exclusive warranty for the Product manufactured and supplied by Motorola. Motorola assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of Motorola. Unless made in a separate written agreement between Motorola and the original end user purchaser, Motorola does not warrant the installation, maintenance, or service of the Product. Motorola is not responsible in any way for any ancillary equipment not furnished by Motorola which is attached to or used in connection with the Product, or for operation of the Product with any ancillary equipment, and all such equipment is expressly excluded from this warranty. Because each system, which may use the Product, is unique, Motorola disclaims liability for range, coverage, or operation of the system as a whole under this warranty. B. Two-Way Rechargeable Batteries: Capacity and Workmanship Warrant Motorola warrants the Motorola-supplied two-way radio batteries listed below ("battery") as follows. Batteries will be replaced with new or reconditioned parts during the applicable warranty period if the battery capacity falls below 80% of rated capacity (under normal use and service for a period of time from the date of manufacture) unless otherwise noted. For the workmanship defects listed below Motorola warrants against defects in workmanship (under normal use and service for a period of time from the date of manufactureZ) as scheduled below ("warranty period"): Capacity and Product Workmanship Warranty Motorola Manufactured IMPRES Batteries: NiCd—24-month workmanship, 24-month capacity NiMH —24-month workmanship, 18-month capacity Li-ion—24-month workmanship, 18-month capacity 1 Date of manufacture is determined by the date code shown on the battery, 2 Date of manufacture is determined by the date code shown on the battery. 27 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 524 of 863 Motorola Manufactured Premium Batteries: NiCd—24-month workmanship, 18-month capacity NiMH—24-month workmanship, 12-month capacity Li-ion—24-month workmanship, 12-month capacity Motorola Manufactured Power Batteries: NiCd— 12-month workmanship, 12-month capacity NiMH— 12-month workmanship, 12-month capacity Motorola Manufactured Mag One Batteries: NiCd—6-month workmanship, 6-month capacity NiMH -6-month workmanship, 6-month capacity NRG Competitive Batteries: NiCd— 12-month workmanship, 12-month capacity NiMH — 12-month workmanship, 12-month capacity Exceptions The Motorola NiMH NTN7396 prismatic battery is warranted for 6 months capacity and 24 months workmanship from the date of manufacture3. The Motorola NiMH RNN4006 and RNN4007 batteries are warranted to 70% of its rated minimum capacity for 12 months and have a 24-month workmanship warranty from the date of manufacture4. IMPREST" NiCd batteries used with a non-IMPRES charger are warranted for an 18-month capacity and a 24-month workmanship warranty replacement. IMPRESTM NiMH and Li-ion batteries used with a non-IMPRES charger is warranted for a 12-month capacity and 24-month workmanship warranty. A battery will be replaced during the applicable workmanship warranty period if: 1. The battery develops a leak 2. The battery clip breaks due to poor workmanship 3. The battery's seam welds open 4. The battery has contact problems with either the applicable two-way radio or battery charger due to misalignment or plastic residue blocking the battery's contacts. Replacement batteries are warranted for the balance of the original applicable warranty period. Motorola, at its option, will replace the battery with new or reconditioned parts at no charge during the applicable warranty period — provided it is returned in accordance with the terms of this warranty. This warranty is extended by Motorola to the original end user purchaser only and is not assignable or transferable to any other party. This is the complete and exclusive warranty for the battery supplied by Motorola. Motorola assumes no obligations or liability for additions or modifications to this warranty unless made in writing and signed by an officer of Motorola. Motorola is not responsible in any way for any ancillary equipment not furnished by Motorola; which is attached to or used in connection with the battery or for operation of the battery with any ancillary equipment, and all such equipment is expressly excluded 3 Date of manufacture is determined by the date code shown on the battery. 4 Date of manufacture is determined by the date code shown on the battery, 28 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 525 of 863 from this warranty. For battery recycling information, please call 1-800-422-4210 for details and request your RBRC shipper ID registration form. 29 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 526 of 863 Exhibit C Motorola's Memorandum of Insurance MOTOROLA SOLUTIONS MEMORANDUM OF INSURANCE PRODUCER THIS MEMORANDUM IS A MATTER OF INFORMATION ONLY. THIS AON RISK SERVICES CENTRAL,INC. NIEMORANDUM DOES NOT AMEND, EXTEND OR ALTER THE AON CENTER COVERAGES AFFORDED BY THE POLICIES BELOW. 200 EAST RANDOLPH STREET COMPANIESAFF ORDING COVERAGE CHICAGO,ILLINOIS 60601 Y COMPANA Lloyd's Stmdicate#4711 (Aspen) D,BIA?c¢ti Risk hisn-a¢Y a SerQices of IIIIIu+is.CA Lumse IPOC��J56a3 ' OY C � INSURED COMPANY B DlfOTOROLA SOLUTIONS,INC AND ITS SUBSIDIARIES COMPANY C 1303 EAST ALGONGUIN ROAD COMPANY D SCHAUNMURG IL 60196 C OVE RAGE S THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISS U D T O THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WrrHSTANDING ANIr RDZUIRE MTr,TEEM OR CONDITION OF ANY CONTRACT OR OTHER D OC UMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE P OLICIFS DESCRIBED HEREIN IS SUBJECT T O ALL THE TERMS,EX CLLS IONS AND C ONDITICNS OF SUCHPOLICIES LIMITSSHOWNFLAYHAVEBEENREDUCEDBYPAIDCLAIMS, co POLICY P6L1CY1rFECTWE kO11CYBkPIRAT1ON LTR TYPE OF MURANCE NUJdBBR A!E I11 R L.IMPIS GENERAL LIABILITY 7!—E rA -Conummial Gemnl AGGREGATE Liability PRODUCTS- _Crcursence C OMPIOP AGG PERSONAL& ADV INJURY EACH OCCURENCE FIRE DAMAGE a ffomfire) ar•me erso¢ A PI'O MOBUX COMBINED LLk=Y SINME LIMIT B ODILY INJ URY AnyAu ru 4idext) BODIL a INJURY r ucidert PROPERTY DAMAGE GARAGE LIABILITY AUTO ONLY euh a cider OTHER THAN AUTO ONLY EACH ACCM AGGREGATE EXCE SS LLAB=Y EACH OCCURENCE AGGREGATE ViORICE RS COMP& W S tatu- EN PLOYER'S toL7limits LLk=Y EL EACH ACCIDENT EL DISEASE, POLICY LIMIT EL DISEAS E— EA EMPLOYEE ---- A CJTHER PER WRONGFUL Miscellaneous Pm&ssioral QK13041'74 T01J2D13 W0112D14 ACT $1000,003 Liability AGGREGATE $1L Co FOR INFORMATIONAL PURPOSES ONLY 30 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 527 of 863 Exhibit D Drug Free Workplace Certification by Vendor 31 Motorola ref no. 12-29077/JHJ, 1-3-16 Page 528 of 863 MOrOROLA SOLUTIONS Drug-Free Mrkforce&Smoke-Free Workplace Statement of Policy Motorola Solutions policy explicitly prohibits the unlawful possession,use,purchase,sale,dispensation,distribution,transfer,or manufacture of drugs or other controlled substances,orthe abuse of alcohol,while on Motorola Solutions premises or while conducting Motorola Solutions business off Motorola Solutions premises.Employees should report to work flt for duty and free of any adverse effects of illegal drugs or alcohol.In addition, employees may smoke in designated smoking areas only.Violations of this Policy may result in disciplinary action,up to and including termination of employment,and may have legal consequences. Scope All Motorola Solutions employees based at loc ations within the United States, Application Motorola Solutions complieswith the Drug-Free Workplace Act,applicable regulations of government agencies(including regulations promulgated by the Department of Transportation),and other federal,state and local laws and regulations.All employees and applicants for employment are advised, in writing,of our Drug-Free Workforce and Smoke-Free Workplace Policy. Drug and/or alcohol testing is conducted in accordance with applicable law(s). `rcurnslanc s thal Req_ rijg Toggling 1. Pre Empioyment Drug Testiro,All applicants for employment must take and pass a drug test before they receive an unconditional offer of employment and/or begin working for Motorola Solutions Applicants who refuse to cooperate in a drug test,or who do not pass a drug test, will be ineligible for hire and employment with M otorola Solutions atthat time and cannot re-apply for a position with M otorola Solutions for a period of six months following the date of their drug test. 2. For-Cause Drug andAicohoiTesting.Motorola Solutions may require that an employee take a drug andior alcohol testwhen Motorola Solutions has reasonable suspicion,based on specific observable facts or behaviors,that an employee may be under the influence of drugs or alcohol,or has been using drugs or alcohol while he/she is working,on M otorola Solutions premises,operating a M otorola Solutions vehicle,machinery,or equipment or present in any other location performing servicesfor Motorola Solutions The observer(s)Wll document the specific observed facts or behaviors that support the reasonable suspicion.Failure to cooperate or otherwise take a requested for-cause test will result in termination of employment a. Post Accident Testing Motorola Solutions may require an employee to take a drug and/or alcohol test when M otorola Solutions reasonably believes the employ ee may have contributed to or caused a work-related accident that results in serious bodily injury to a person andior significant damage to Motorola Solutions property.The drug andior alcohol test shall be administered as soon as practicable following the accident. 3. Customer-Mandated Drug andA.toimi Testing.Motorola Solutions may require an employee to take a drug andior alcohol test Men such a test is mandated by a Motorola Solutions customer as part of a contract.Failure to cooperate or otherwise take a customer-mandated test will result in the immediate removal of the employee from the customer project he/she is supporting and may result in further action being taken against the employee. 4. Random Drug Testing andAkohoi Testing.For employees in safety-sensitive positions,M otorola Solutions may randomly test for drugs and/or alcohol in accordance with procedures developed by M otorola Solutions for those specific categories of employees P P siii e Urga an / r Alcohol RggUlj 21 Othet Vi i tlor oft Except for Pre-Employment Drug Testing,the first time an employee does not pass a drug test andior tests positide for alcohol,he/she will be referred to the Employee Assistance Program(EAP)and must comply with any conditions set by the EAP Consultant('counseling programa') Failure to comply Wth any conditions set forth in the counseling programwill result in termination of employment.As determined by the EAP Consultant and Motorola Solutions,an employee in a counseling program must pass a return-to-duly test for drugs or alcohol(or both)before returning to work. Additionally,an employee who successfully completes a counseling program must submit to follow-up testing for drugs or alcohol(or both)at times and frequencies determined by Motorola Solutions for a period of up to two(2)years following successful completion of the counseling program An employee who does not pass a second requested drug andior alcohol test,or does not pass a return-to-duty or any subsequent follow-up test,may be terminated Discipline for actions of an employee while under the influence of drugs andior alcohol,for possession,use,purchase,sale, dispensation,distribution,transfer or manufacture of drugs or other controlled substances,and/or for violations of smoking restrictions Wil behandled under Motorola Solutions's Progressive Discipline Policy, TUJing N2educes A/cohoi Coilection and Testing Procedures Except where precluded by applicable law,Motorola Solutions will follow the procedures set forth below: 1. Employees subject to alcohol testing will be required to sign a written consent form in which they consent to and authorize testing. 2. Employees will be sent to a Motorola Solutions designated collection site where they will be required to verify their identity and cooperate in the site's normal specimen collection procedures. 3. The collection and testing will be conducted,in private,by a trained technician who will use approved testing devices and testing forms. Chain of custody procedures will be maintained from collection to the time specimens)may be discarded so as to ensure proper identification,labeling,record keeping,handling,and testing of specimen(s). 4. A screening test will be conducted first.If an employee's screen test result is less than 02,the employee will have passed the test. 5. If the employee's measured alcohol concentration is.02 or more,the employee will be required to take a confirmation test The results ofthe 32 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 529 of 863 confirmation test,not the screen test,are determinative If the employee's confirmation test result is less than,04,the employee will have passed the test.If the employee's confirmation test results is.04 or more,the employee will have tested positive for alcohol, 6. The technician will notify Motorola Solutions of the employee's test result in a confidential manner. Drug Collection and Testing Procedures Except where precluded by applicable law,Motorola Solutions will follow the procedures set forth below: 1 Applicants and employees subject to drug testing will be required to sign a written consent form in which they consent to and authorize testing. 2 Applicants and employees will be sent to a Motorola Solutions designated collection site where they will be required to verify their identity and otherwise cooperate in the site's normal specimen collection procedures.Applicants and employees will have the opportunity to disclose any over-the-counter or prescribed medications that they are using or have recently used,or any other information,medical or otherwise,that they think may be relevant to the testing. 3, Specimens will be collected,in private,by a trained collection site person who will use approved collection containers and custody and control forms.Chain of custody procedures will be maintained from collection to the time specimen(s)may be discarded so as to ensure proper identification,labeling,record keeping,handling,and testing of specimen(s), 4 Collected specimens will be tested by a certified laboratory,The laboratory will test specimens for marijuana,cocaine,opiates, amphetamines,and phencyclidine(PCP)(and such other controlled substances as may be dictated by the circumstances in accordance with the requirements of applicable law).The laboratory will first conduct a screen on the specimen If the screen testis negative,the laboratory will report to Motorola Solutions that the applicant or employee has passed the drug test If the screen testis positive,the laboratory will analyze the applicants or employee's specimen using gas chromatography/mass spectrometry.The laboratory will send the test results to the MRO. 5, The MRO is responsible for ensuring the accuracy and integrity of the drug testing process.If an applicant or employee has a confirmed positive,adulterated,substituted,or invalid drug test result,the MRO will contact the applicant or employee by telephone via the information provided by the applicant or employee on the custody and control form.Applicants and employees must promptly cooperate with the MRO. 6 The MRO will advise Motorola Solutions if an applicant or employee has passed or failed the test,refused to cooperate,if a specimen is dilute,or if a test should be canceled.If the MRO determines that there is a legitimate medical explanation for a positive,adulterated,or substituted test result,the M RO will report a verified negative test result to Motorola Solutions.If the applicant or employee does not provide a legitimate medical explanation for a positive test result,the MRO will verify the test result as positive If the applicant or employee does not provide a legitimate medical explanation for an adulterated or substituted test result,the MRO will report to Motorola Solutions that the applicant or employee has refused to take a drug test,Invalid test results will be canceled and,depending on the circumstances,may subject an applicant or employee to additional testing. 7 Motorola Solutions will advise applicants and employees of their rights,if any,to have their same specimens retested or their split specimens tested by a certified laboratory. At a/PMed VM Employees or applicants may appeal a MRO verified positive,adulterated,or substituted test result by submitting a sealed,written appeal letter to the Motorola Solutions Drug and Alcohol Program Manager within ten(10)business days of notice of their results This letter should explain the basis of the appeal and the material facts supporting the appeal, Upon receipt of the appeal letter by the Motorola Solutions Drug and Alcohol Program Manager,the appeal will be thoroughly investigated and considered.The employee/applicant will be notified of the final decision in writing within ten(10)business days of the Motorola Solutions Drug and Alcohol Program Manager's receipt of the appeal. C9nfi 'ilia III of ae rd-.:. Records relating to drug and/or alcohol testing are maintained and protected in accordance with legal requirements and our standards for privacy and confidentiality of personal health information.Copies of all records relating to test results and other information relating to the testing process may be requested by the employee or applicant. In_rO ons Motorola Solutions reserves the rightto inspect all parts and aspects of its premises for illegal drugs,alcohol,or other contraband,All employees and visitors may be asked to cooperate in inspections of their persons,work areas,and property(such as purses,lunch boxes,water coolers,thermos bottles,flasks,briefcases,desks,cabinets,or lockers)that may conceal illegal drugs,alcohol,or other contraband. Crimes Involving Drutts Employees who are convicted of,plead guilty to(including a plea of nolo contendere or no contest),or are sentenced for a crime involving illegal drugs must report the conviction,plea or sentence to their supervisors/managers and the Human Resources Department within five(5)days after such conviction,plea,or sentence.If an employee who is convicted of,pleads guilty to,or is sentenced for a crime involving illegal drugs performs work directly relating to Motorola Solutions's contracts or grants with a state or the federal government,Motorola Solutions will report such conviction, plea,or sentence to the appropriate agency within ten(10)days after it receives notice.Motorola Solutions may take disciplinary and/or other appropriate action(e.g.referral to the Employee Assistance Program)when an employee engages in any conductor is involved in any crime that harms Motorola Solutions'operations or reputation ,smoke-Free WorkNace Employees may smoke in designated smoking areas only.Where required by local law or by the terms of a lease agreement,smoking will be prohibited inside Motorola Solutions facilities and within a certain distance of facility entrances(distances may vary in accordance with local requirements)."No smoking"signs will be clearly and conspicuously posted in areas where smoking is prohibited.For purposes of this policy, "smoking"includes electronic cigarettes or any other devices that look like and act as traditionallordinary tobacco products, Cross Reference 33 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 530 of 863 Definitions Drugs:Controlled substances that are not being used and possessed under the supervision of a licensed health care professional or as otherwise allowed by federal law.Motorola Solutions currently tests for the following drugs:Amphetamines(Dexedrine,Speed,Ice,Crack,Uppers), Cannabinoids(THC,Marijuana),Cocaine(Crack),Opiates(Heroin,Morphine,Codeine),and Phencyclidine(PCP,Angel Dust). EM2l2yee Assistance Program fEAPt:A program to assist employees and their dependents with personal,family,financial,relationship,substance abuse,and other problems.Motorola Solutions EAP Consultants also provide consultation to managers on performance management and productivity concerns,as well as on business change impacting the workplace. Medical Review Officer(MRCS):The trained,knowledgeable,independent physician(s)retained by or under contract to Motorola Solutions.The MRO reviews drug test results from the laboratory and evaluates any medical explanations for such results, Pass a DIM Tgst:Not to test positive for drugs or notto have an adulterated or substituted specimen. Version Date:0210112010 Original Effective Date:01101/2002 34 Motorola ref no. 12-29077/JHJ, 1-3-18 Page 531 of 863 MOTOMOLA SOLUTIONS September 28th, 2018 Re: Express Radio, Inc. To Whom It May Concern, Motorola Solutions, Inc. (MSI) is committed to providing quality products that meet the needs of our end users. MSI utilizes an extensive network of independent channel partners to provide two way radio product solutions to end customers. Please be advised that Express Radio, headquartered at 10850 Wiles Rd, Coral Springs, FL 33076 is a Specialist Level Motorola Solutions Professional and Commercial Radio Channel Partner in good standing with Motorola. They have the ability to sell Motorola branded trunking and conventional products, as well as provide certain warranty services, and maintenance on the manufacturer's equipment. Express Radio also is authorized to extend pricing to customers based on the Broward County LGRS Motorola Contract No. 12-29077/JHJ and other available public contracts that contain the Motorola Solutions Professional and Commercial Portfolio. Should you have any questions, please do not hesitate to contact me at 786-858-2622. We appreciate your continued consideration of Motorola's products and services. Sincerely, ✓VicPaho Xacig�i Nicholas Bacigalupi Motorola Solutions, Inc. Sr. Channel Account Manager 1-786-858-2622 Alternate Contact: Brian Carter 1-847-544-6782 Page 532 of 863 7.G. CONSENT BIDS AND PURCHASES OVER$100,000 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Authorize the purchase of library furniture, shelving and signage through R. George Associates in the amount of$164,997.59. Explanation of Request: The purchase will include the following: 8 nooks for the study room, 12 lounge chairs with tablet arms for teens that will support laptop use and 3 dry erase boards for the Youth Library, moveable shelving for the youth library, and Main Library and Youth signage. Pricing provided is based on piggyback Miami-Dade County RTQ No. 00439 and Florida State Contract No. 56120000-19-ACS Explanation of Request: • QUOTE #: Q-19-182—AGATI PRICING PER MIAMI-DADE COUNTY RTQ No. 00439 TOTAL DELIVERED & INSTALLED PRICE $44,574.08 (INCLUSIVE OF APPROVED DISCOUNT45% +15% INSTALLATION) • QUOTE #: Q-19-183- KI PRICING PER FLORIDA STATE CONTRACT 56120000-19-ACS TOTAL DELIVERED & INSTALLED PRICE $9.267.21 • QUOTE #: Q-19-184—BRODART PRICING PER MIAMI-DADE RTQ#00439 TOTAL DELIVERED & INSTALLED PRICE $111,156.30 (INCLUSIVE OF APPROVED DISCOUNT45% +15% INSTALLATION) R. George Associates Overall Total $164,997.59. How will this affect city programs or services? The new additions will be featured in the new Library/City Hall building. Fiscal Impact: Non-budgeted The Friends of the Boynton Beach City Library has pledged $165,000 to cover the costs of the new Library furnishings, shelving and signage. Alternatives: Do not approve. Strategic Plan: Strategic Plan Application: Climate Action: No Page 533 of 863 Climate Action Discussion: Is this a grant? No Grant Amount: ATTACHMENTS: Type Description D Quotes Quote 19-183 D Quotes Quote 19-184 D Attachment State Contract 5612000-19-ACS D Piggy-Back Piggyback I\Aiami Dade D Piggy-Back Pi back I\Aiami Dade RT 2-043 D Piggy-Back RT 2-0043 price list D Attachment RGA Contract Information D Attachment RGA as KI Reseller D Attachment FL Pricing Guide D Quotes Quote 19-182 Page 534 of 863 R. GEORGE & ASSOCIATES, INC. P.O. Box 2854❑Deland, Florida 32721-2854 1--j(386)736-2326 TOIL FREE (866)833-3441 E FAX (386)736-3706 D EMAIL info@rgeorge.com TO: CITY OF BOYNTON BEACH QUOTE#: Q-19-183 ATTN:CRAIG CLARK DATE: 4/6/2020 PROJECT: BOYNTON BEACH PUBLIC LIBRARY We offer the following quotation for the aboveproject: Item oty Catalog# Description Unit Total KI PRICING PER FLORIDA STATE CONTRACT 56120000-ACS YOUTH LIBRARY- IST FLOOR-ROOM 163 12 L2WTP/FBR LEARN2 INTELLECT WAVE CHAIR,POLY,FLAT ACCESS $380.65 $4,567.80 RACK POLY COLOR: LAMINATE WORKSURFACE: FRAME COLOR: 3 CZMSDS4272 CZ DRY ERASE STEEL SURFACE SCREEN 42 X 72 $1,566.47 $4,699.41 STANDARD MARKER BOARD FRAME COLOR: TOTAL DELIVERED&INSTALLED PRICE $9,267.21 BY:AARON KEMBLE NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 535 of 863 R. GEORGE & ASSOCIATES, INC. P.O. Box 2854❑Deland, Florida 32721-2854 ID(386)736-2326 TOIL FREE (866)833-3441 E FAX (386)736-3706 D EMAIL info@rgeorge.com TO: CITY OF BOYNTON BEACH QUOTE#: Q-19-184 REVISED ATTN:CRAIG CLARK DATE: 4/14/2020 PROJECT: BOYNTON BEACH PUBLIC LIBRARY We offer the following quotation for the aboveproject: Item oty Catalog# Description Unit Total BRODART PRICING PER MIAMI-DADE RTQ#00439 WOOD SPECIES: CHERRY WOOD STAIN:MEDIUM CHERRY FIRST FLOOR 2 SI-977-SOM ST 90"H X 12"D STARTER UNIT CHERRY WOOD $1,053.22 $2,106.44 FLAT SHELVES 4 52-977-SOM ST 90"H X 12"D ADDER UNIT CHERRY WOOD $798.45 $3,193.80 FLAT SHELVES 6 SB-608-MOD 90"H CHERRY VENEER SHELVING BACKS $218.00 $1,308.00 WOOD SPECIES: CHERRY WOOD STAIN:MEDIUM CHERRY NEAR TECHNOLOGY DESK-2ND FLOOR 5 L1-706-MOD PICK UP STYLE TABLE $375.45 $1,877.25 BASE:PACIFIC BLUE TOP:WA 7424-60 BILTMORE CHERRY 5 L1-706-MOD PICK UP STYLE TABLE $375.45 $1,877.25 BASE:YELLOW TOP:WA 7424-60 BILTMORE CHERRY YOUTH LIBRARY-IST FLOOR 15 15-766-507 D/F 48"H X 37"W X 24"D MOBILE STARTER SHELVING UNIT $1,335.41 $20,031.15 WOOD STAIN:MATCH NATURAL CHERRY ON MAPLE WOOD SUB-TOTAL $30,393.89 NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 536 of 863 R.GEORGE&ASSOCIATES,INC. Date 4/14/2020 Page 2 Quote#Q-19-184 REVISED Project BOYNTON BEACH PUBLIC Item Qty Catalog# Description Unit Total MAIN LIBRARY SIGN 48"X 192"(MADE IN PIECES)3/4"BACKER LAYED UP IN WHITE SINTRA AND CHEM-METAL SHEET.TYPE IS PAINTED 3/4"SINTRA-WILL CLEAT TO WALL TYPE COLOR: YOUTH LIBRARY SIGN 36"X 120"(MADE IN PIECES)3/4"BACKER LAYED UP IN WHITE SINTRA AND CHEM-METAL SHEET.TYPE IS PAINTED 3/4"SINTRA-WILL CLEAT TO WALL TYPE COLOR: DIVERSITY OF THE OCEAN PANEL 82.5"X 144"CHEM-METAL SHEET ON 3/4"BACKER MARINE CREATURES ARE CUT-OUT 1/2"THICK SINTRA PIECES PAINTED SILVER.LED NEON TUBE IS PLACED BEHIND SELECTED CUT-OUTSTO GIVE OFF A WHITE HALO EFFECT WHICH SEQUENCES INTO A SLOW MOVING COLOR SHOW OF BLUES,GREENS AND VIOLETS AND THEN BACK TO WHITE 1 LOT THREE SIGNS AS DESCRIBED ABOVE-PRICING FOR $80,762.41 $80,762.41 SIGNAGE CONTINGENT UPON ORDERING ALL THREE SIGNS TOGETHER.PRICING SUBJECT TO CHANGE IF ALL SIGNS ARE NOT ORDERED TOTAL DELIVERED&INSTALLED PRICE $111,156.30 INCLUSIVE OF APPROVED DISCOUNT 47%+15%INSTALLATION BY:AARON KEMBLE NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 537 of 863 ' FLORIDA DEPARTMENT OF MANAGEMENT SERVICES �{k purchasing S� r We serve those who serve Florida Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture This Contract is between the State of Florida, Department of Management Services (Department), an agency of the State of Florida and Krueger International, Inc. dba KI (Contractor), collectively referred to herein as the "Parties." The Department is authorized by subsection 287.042(16), Florida Statutes, "to evaluate contracts let by the Federal Government, another state, or a political subdivision for the provision of commodities and contract services, and, if it is determined in writing to be cost-effective and in the best interest of the state, to enter into a written agreement authorizing an agency to make purchases under such contract." The State of New York, Office of General Services competitively procured Group 20915-Furniture, All Types (except Hospital Room and Patient Handling) and signed contract number 23109 with the Contractor, attached hereto as Exhibit C: Master Agreement. The Master Agreement is effective December 2, 2018, and terminates on December 1, 2023 Renewal options are not available. The State of New York, Office of General Services, issued a Contract Award Notification document listing each awarded vendor and their corresponding product categories, attached hereto as Exhibit D: Contract Award Notification. Contractor will, pursuant to this Contract, offer State of Florida Customers those product categories which the Contractor was awarded by the State of New York, Office of General Services, as set forth in Exhibit D: Contract Award Notification. The Department evaluated the Master Agreement, and hereby acknowledges that use of the Master Agreement as an alternate contract source is cost-effective and in the best interest of the State. Accordingly, the Parties agree as follows: 1. Term and Effective Date. The term of this Contract will become effective on June 14, 2019, or on the date the document is signed by all Parties, whichever is later, and shall be effective through December 1, 2023, consistent with the Master Agreement, unless terminated earlier in accordance with the Special Contract Conditions. Page 1 of 4 Page 538 of 863 Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture 2. Renewal. This contract may not be renewed. 3. Modifications or Additions to Master Agreement. As used in this document, Contract (whether or not capitalized) shall, unless the context requires otherwise, mean this document and all incorporated Exhibits, which set forth the entire understanding of the Parties and supersedes all prior agreements. In addition to Section 2.2.1 of the Master Agreement, the Parties agree that Inside Delivery to State of Florida Customers under this ACS may be further negotiated prior to purchases off this ACS. Inside Delivery rates can be found under the Terms and Conditions page: htt�s://online.o s.ny. ov/purchase/spy/awards/2091523109Can.htm All modifications to this Contract must be in writing and signed by all Parties. Amendments to the Master Agreement will be automatically incorporated into this Contract. All Exhibits attached and listed below are incorporated into, and shall form part of this Contract. Exhibit A: Special Contract Conditions is amended below and is incorporated by reference, with the following exceptions: i. Subsection 2.2, Renewal, is deleted in its entirety. Exhibit A: Special Contract Conditions, as amended herein, modifies or supplements the terms and conditions of the Master Agreement. The Parties agree that these modifications or additions shall apply to actions between the Contractor and the State of Florida (including participating Florida agencies and eligible users). Where the laws and regulations of a state other than the State of Florida are cited or referenced in the Master Agreement, such citation or reference shall be replaced by the comparable Florida law or regulation. 4. Order of Precedence: In the event of a conflict, the following order of precedence shall apply: a) This Contract and amendments, with the latest issued having priority. b) Exhibit A: Special Contract Conditions c) Exhibit B: Krueger International, Inc. dba KI Price Sheet d) Exhibit C: Master Agreement e) Exhibit D: Contract Award Notification Page 2 of 4 Page 539 of 863 Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture 5. Purchases off this Contract. Upon execution of this Contract, Customers, as defined in Section 1.1 of Exhibit A: Special Contract Conditions, may purchase products and services under this Contract using this State of Florida ACS number 56120000-19-ACS. Customers acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Contract and its Exhibits. Customers may order from Contractor's authorized resellers, as approved by the State of Florida. The Parties agree State of Florida Customers are, pursuant to Solicitation Section 5.21 of Exhibit C: Master Agreement, permitted to participate in and purchase commodities from the Master Agreement. 6. Resellers. All Contractor's Florida resellers authorized to provide commodities under this ACS can be found on the Department's contract website. The Resellers are approved to provide sales and service support to State of Florida Customers. Contractor's may request to add/delete Resellers to the ACS on a quarterly basis, by the 15th of each month listed: January, April, July, October of each year. Contractor's must receive written approval from the Department prior to adding Resellers to this ACS. The Contractor's resellers participation will be in accordance with the terms and conditions set forth in this ACS and the aforementioned Master Agreement. 7. Primary Contacts. Department's Contract Manager: Brenda Wells Division of State Purchasing Florida Department of Management Services 4050 Esplanade Way, Suite 360 Tallahassee, Florida 32399-0950 Telephone: (850) 488-6904 Email: Brenda.wells( dms.myflorida.com Contractor's Contract Manager: Andy Van Straten Krueger International, Inc. dba KI 1330 Bellevue Street Box 8100 Green Bay, WI 54308-8100 Telephone: (800) 454-9796 Extension: 2394 Email: andy.van.stratenCcki.com Page 3 of 4 Page 540 of 863 Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture 8. Warranty of Authority. Each person signing this document warrants that he or she is duly authorized to do so and to bind the respective party. 9. Entire Agreement of the Parties. This document and the attached exhibits constitute the ACS and the entire understanding of the Parties. Any amendments hereto must be in writing and signed by the Parties. IN WITNESS THEREOF, the Parties hereto have caused this agreement, which includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This agreement is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA, DEPARTMENT OF MANAGEMENT SERVICES Rosalyn Ingram Director of State Purchasing and Chief Procurement Officer Date: Date: Page 4 of 4 Page 541 of 863 Alternate Contract Source (ACS) No. 56120000-19-ACS For Furniture 8. Warranty of Authority. Each person signing this document warrants that he or she is duly authorized to do so and to bind the respective party. ® Entire Agreement of the Parties. This document and the attached exhibits constitute the ACS and the entire understanding of the Parties. Any amendments hereto must be in writing and signed by the Parties. IN WITNESS THEREOF, the Parties hereto have caused this agreement, is includes the attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This agreement is not valid and binding until signed and dated by the Parties. CONTRACTOR ST IDA, Krueger Internatiqnal, Inc. E ART ENT M AG ENrt-�VICES Y My Make J" Ro a n gr - As S RUT-8066ta ry DiC,t r ate Purcha!�nand Chief Proclu eme t Office 6M312019 Date: Date': Page 4 of 4 Page 542 of 863 Furniture 56120000-19-ACS EXHIBIT A SPECIAL CONTRACT CONDITIONS Table of Contents SECTION 1. DEFINITION. ..............................................................................................2 SECTION 2. CONTRACT TERM AND TERMINATION...................................................2 SECTION 3. PAYMENT AND FEES. ..............................................................................3 SECTION 4. CONTRACT MANAGEMENT. ....................................................................4 SECTION 5. COMPLIANCE WITH LAWS.......................................................................6 SECTION 6. MISCELLANEOUS. ....................................................................................8 SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION................................................................................................9 SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY...............................................................................10 SECTION 9. DATA SECURITY AND SERVICES..........................................................12 SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS...........................14 SECTION 11. CONTRACT MONITORING....................................................................14 SECTION 12. CONTRACT AUDITS. 16 SECTION 13. BACKGROUND SCREENING AND SECURITY.....................................16 SECTION 14. INFORMATION TECHNOLOGY.............................................................18 In accordance with Rule 60A-1.002(5), F.A.C., Form PUR 1000 is included herein by reference, but is superseded in its entirety by these Special Contract Conditions. 1 Page 543 of 863 Furniture 56120000-19-ACS SECTION 1. DEFINITION. The following definition applies in addition to the definitions in Chapter 287, Florida Statutes, (F.S.) and rule Chapter 60A-1, Florida Administrative Code (F.A.C.): 1.1 Customer. The agency or eligible user that purchases commodities or contractual services pursuant to the Contract. SECTION 2. CONTRACT TERM AND TERMINATION. 2.1 Initial Term. The initial term will begin on the date set forth in the Contract documents or on the date the Contract is signed by all Parties, whichever is later. 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(13), F.S. 2.3 Suspension of Work and Termination. 2.3.1 Suspension of Work. The Department may, at its sole discretion, suspend any or all activities under the Contract, at any time, when it is in the best interest of the State of Florida to do so. The Customer may suspend a resulting contract or purchase order, at any time, when in the best interest of the Customer to do so. The Department or Customer will provide the Contractor written notice outlining the particulars of suspension. Examples of a reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor must comply with the notice and will cease the activities associated with any active or new purchase orders. Within ninety (90) calendar days, or any longer period agreed to by the Contractor, the Department or Customer will either (1) issue a notice authorizing resumption of work, at which time activity will resume, or (2) terminate the Contract or purchase order. Suspension of work will not entitle the Contractor to any additional compensation. 2.3.2 Termination for Convenience. The Contract may be terminated by the Department in whole or in part at any time, in the best interest of the State of Florida. If the Contract is terminated before performance is completed, the Contractor will be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the Contract price as the amount of work satisfactorily performed. All work in progress will become the property of the Customer and will be turned over promptly by the Contractor. 2.3.3 Termination for Cause. If the performance of the Contractor is not in compliance with the Contract requirements or the Contractor has defaulted, the Department may: (a) immediately terminate the Contract; (b) notify the Contractor of the noncompliance or default and require correction 2 Page 544 of 863 Furniture 56120000-19-ACS within a specified time, otherwise the Contract will terminate at the end of such time; or (c) take other action deemed appropriate by the Department. SECTION 3. PAYMENT AND FEES. 3.1 Pricing. The Contractor will not exceed the pricing set forth in the Contract documents. 3.2 Price Decreases. The following price decrease terms will apply to the Contract: (a) Preferred Pricing. 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 pricing over the course of the Contract period. To that end, the pricing indicated in this Contract is a maximum guarantee under the terms of this clause. Contractor's pricing will not exceed the pricing offered under comparable contracts. Comparable contracts are those which are similar in size, scope, and terms. Contractor must annually submit an affidavit from an authorized representative attesting that the Contract is in compliance with this clause. (b) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, the Contractor may conduct sales promotions involving price reductions for a specified lesser period. The Contractor must submit documentation identifying the proposed (1) starting and ending dates of the promotion, (2) commodities or contractual services involved, and (3) promotional prices compared to then-authorized prices. 3.3 Payment Invoicing. The Contractor will be paid upon submission of invoices to the Customer after delivery and acceptance of commodities or contractual services is confirmed by the Customer. Invoices must contain detail sufficient for an audit and contain the Contract Number and the Contractor's Federal Employer Identification Number. 3.4 Purchase Order. A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract. If applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. The purchase order period of performance survives the expiration of the Contract. The duration of purchase orders must not exceed the expiration of the Contract by more than twelve (12) months. 3.5 Travel. Travel expenses are not reimbursable unless specifically authorized by the Customer in writing, and may be reimbursed only in accordance with section 112.061, F.S. 3.6 Annual Appropriation. Pursuant to section 287.0582, F.S., if the Contract binds the State of Florida or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the Contract is contingent upon an annual appropriation by the Legislature. 3 Page 545 of 863 Furniture 56120000-19-ACS 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), F.S. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, F.A.C., or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. 3.8 Taxes. Taxes, customs, and tariffs on commodities or contractual services purchased under the Contract will not be assessed against the Customer unless authorized by Florida law. 3.9 Return of Funds. Contractor will return any overpayments due to unearned funds or funds disallowed pursuant to the terms of the Contract that were disbursed to the Contractor. The Contractor must return any overpayment within forty (40) calendar days after either discovery by the Contractor, its independent auditor, or notification by the Department or Customer of the overpayment. SECTION 4. CONTRACT MANAGEMENT. 4.1 Composition and Priority. The Contractor agrees to provide commodities or contractual services to the Customer as specified in the Contract. Additionally, the terms of the Contract supersede the terms of any and all prior agreements between the Parties. 4.2 Notices. All notices required under the Contract must be delivered to the designated Contract Manager by certified mail, return receipt requested; reputable air courier service; email; personal delivery; or as otherwise identified by the Department. 4.3 Department's Contract Manager. The Department's Contract Manager, who is primarily responsible for the Department's oversight of the Contract, will be provided in a separate writing to the Contractor upon Contract signing in the following format: Jane Doe Address Telephone # Email In the event that the Department changes the Contract Manager, the Department will notify the Contractor. Such a change does not require an amendment to the Contract. 4 Page 546 of 863 Furniture 56120000-19-ACS 4.4 Contractor's Contract Manager. The Contractor's Contract Manager, who is primarily responsible for the Contractor's oversight of the Contract performance, will be provided in a separate writing to the Department upon Contract signing in the following format: Jane Doe <Insert Contractor name> <Insert Contractor's physical address> Telephone: (XXX) 555-XXXX Email: jane.doe@business.gmail.com In the event that the Contractor changes its Contract Manager, the Contractor will notify the Department. Such a change does not require an amendment to the Contract. 4.5 Diversity Reporting. The State of Florida supports its diverse business community by creating opportunities for woman-, veteran-, and minority-owned small business enterprises to participate in procurements and contracts. The Department encourages supplier diversity through certification of woman-, veteran-, and minority-owned small business enterprises, and provides advocacy, outreach, and networking through regional business events. For additional information, please contact the Office of Supplier Diversity (OSD) at osdinfoAdms.myflorida.com. Upon request, the Contractor will report to the Department its spend with business enterprises certified by the OSD. These reports must include the time period covered, the name and Federal Employer Identification Number of each business enterprise utilized during the period, commodities and contractual services provided by the business enterprise, and the amount paid to the business enterprise on behalf of each Department purchasing under the Contract. 4.6 RESPECT. Subject to the agency determination provided for in section 413.036, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM A NONPROFIT AGENCY FOR THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED PURSUANT TO CHAPTER 413, FLORIDA STATUTES, IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 413.036(1)AND (2), FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS DEALINGS WITH SUCH QUALIFIED NONPROFIT AGENCY ARE CONCERNED. Additional information about RESPECT and the commodities or contractual services it offers is available at LLpL//www.res ectafflorida.org. 5 Page 547 of 863 Furniture 56120000-19-ACS 4.7 PRIDE. Subject to the agency determination provided for in sections 287.042(1) and 946.515, F.S., the following statement applies: IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT ANY ARTICLES WHICH ARE THE SUBJECT OF, OR REQUIRED TO CARRY OUT, THIS CONTRACT SHALL BE PURCHASED FROM THE CORPORATION IDENTIFIED UNDER CHAPTER 946, F.S., IN THE SAME MANNER AND UNDER THE SAME PROCEDURES SET FORTH IN SECTION 946.515(2)AND (4), F.S.; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM, OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT SHALL BE DEEMED TO BE SUBSTITUTED FOR THIS AGENCY INSOFAR AS DEALINGS WITH SUCH CORPORATION ARE CONCERNED. Additional information about PRIDE and the commodities or contractual services it offers is available at http://www.pride-enterprises.org. SECTION 5. COMPLIANCE WITH LAWS. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Pursuant to subsection 287.058(1), F.S., the provisions of subparagraphs 287.058(1)(a)- (c), and (g), F.S., are hereby incorporated by reference, to the extent applicable. 5.2 Dispute Resolution, Governing Law, and Venue. Any dispute concerning performance of the Contract shall be decided by the Department's designated Contract Manager, who will reduce the decision to writing and serve a copy on the Contractor. The decision of the Contract Manager shall be final and conclusive. Exhaustion of this administrative remedy is an absolute condition precedent to the Contractor's ability to pursue legal action related to the Contract or any other form of dispute resolution. The laws of the State of Florida govern the Contract. The Parties submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to the Contract. Further, the Contractor hereby waives any and all privileges and rights relating to venue it may have under Chapter 47, F.S., and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those based on convenience. The Contractor hereby submits to venue in the county chosen by the Department. 5.3 Department of State Registration. Consistent with Chapters 605 through 623, F.S., the Contractor and any subcontractors that assert status, other than a sole proprietor, must provide the Department with conclusive evidence of a certificate of status, not subject to qualification, if a Florida business entity, or of a certificate of authorization if a foreign business entity. 6 Page 548 of 863 Furniture 56120000-19-ACS 5.4 Suspended, Convicted and Discriminatory Vendor Lists. In accordance with sections 287.042, 287.133, and 287.134, F.S., an entity or affiliate who is on the Suspended Vendor List, Convicted Vendor List or the Discriminatory Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors or consultants have been placed on the Suspended Vendor List, Convicted Vendor List or the Discriminatory Vendor List during the term of the Contract. 5.5 Contractor Certification. If the Contract exceeds $1,000,000.00 in total, not including renewal years, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List created pursuant to sections 215.4725, F.S., and 215.473, F.S., respectively. Pursuant to section 287.135(3), F.S., and 287.135(5), F.S., Contractor agrees the Department may immediately terminate the Contract for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel during the term of the Contract. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to 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. 5.7 Inspection. Section 215.422, F.S., provides that agencies have five (5)working days, unless the contract specifies otherwise, to inspect and approve commodities or contractual services. Items may be tested for compliance with specifications. Items delivered not conforming to specifications may be rejected and returned at the Contractor's expense. Interest penalties for late payment are also limited according to section 215.422, F.S. 7 Page 549 of 863 Furniture 56120000-19-ACS SECTION 6. MISCELLANEOUS. 6.1 Subcontractors. The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at osdhelp@dms.myflorida.com for information on certified small business enterprises available for subcontracting opportunities. 6.2 Assignment. The Contractor will not sell, assign, or transfer any of its rights, duties, or obligations under the Contract without the prior written consent of the Department. However, the Contractor may waive its right to receive payment and assign same upon notice to the Department. In the event of any assignment, the Contractor remains responsible for performance of the Contract, unless such responsibility is expressly waived by the Department. The Department may assign the Contract with prior written notice to the Contractor. 6.3 Independent Contractor. The Contractor and its employees, agents, representatives, and subcontractors are independent contractors and not employees or agents of the Department and are not entitled to State of Florida benefits. The Department will not be bound by any acts or conduct of the Contractor or its employees, agents, representatives, or subcontractors. The Contractor agrees to include this provision in all of its subcontracts under the Contract. 6.4 Risk of Loss. Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities. 6.5 Safety Standards. Performance of the Contract for all commodities or contractual services must comply with requirements of the Occupational Safety and Health Act and other applicable State of Florida and federal requirements. 8 Page 550 of 863 Furniture 56120000-19-ACS 6.6 Ombudsman. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this office are found in section 215.422, F.S., which include disseminating information relative to prompt payment and assisting contractors in receiving their payments in a timely manner from a Customer. The Vendor Ombudsman may be contacted at (850) 413-5516. 6.7 Time is of the Essence. Time is of the essence regarding each and every obligation of the Contractor under the Contract. Each obligation is deemed material, and a breach of any such obligation (including a breach resulting from untimely performance) is a material breach. 6.8 Waiver. The delay or failure by the Department or the Customer to exercise or enforce any rights under the Contract will not constitute waiver of such rights. 6.9 Modification and Severability. The Contract may only be modified by written agreement between the Department and the Contractor. Should a court determine any provision of the Contract is invalid, the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if the Contract did not contain the provision held invalid. 6.10 Cooperative Purchasing. Agencies wishing to make purchases under this Contract are required to follow the requirements of section 287.042(16) or 287.057(3) (b), F.S., and rule 60A-1.045, F.A.C. These provisions require the Department to determine that the requesting agency's use of the Contract is cost-effective and in the best interest of the State. Pursuant to their own governing laws, and subject to the agreement of the Contractor, government entities may make purchases under the terms and conditions contained herein, if agreed to by Contractor. Non-Customer purchases are independent of the Contract between the Department and the Contractor. The Department is not a party to any transaction between the Contractor and any purchaser. SECTION 7. WORKERS' COMPENSATION AND GENERAL LIABILITY INSURANCE, AND INDEMNIFICATION 7.1 Workers' Compensation Insurance. To the extent required by law, the Contractor must be self-insured against, or must secure and maintain during the life of the contract, Worker's Compensation Insurance for all its employees connected with the work of this project, and in case any work is subcontracted, the Contractor must require the subcontractor similarly to provide Worker's Compensation Insurance for all of the latter's employees unless such employees engaged in work under the resulting contract are covered by the Contractor's insurance program. Self-insurance or insurance coverage must comply with the Florida Worker's Compensation law. In the event hazardous work is being performed by the Contractor under the resulting contract and any class of employees performing the hazardous work is not protected under Worker's Compensation statutes, the Contractor must provide, and cause each subcontractor to provide adequate insurance satisfactory to the Department for the protection of employees not otherwise protected. 7.2 General Liability Insurance. 9 Page 551 of 863 Furniture 56120000-19-ACS The Contractor must secure and maintain Commercial General Liability Insurance, including bodily injury, property damage, products, personal & advertising injury, and completed operations. This insurance must provide coverage for all claims that may arise from the services and/or operations completed under the Contract, whether such services or operations are by the Contractor or anyone directly or indirectly employed by them. Such insurance must include the State of Florida as an additional named insured for the entire length of the resulting contract. The Contractor is responsible for determining the minimum limits of liability necessary to provide reasonable financial protections to the Contractor and the State of Florida under the resulting contract. All insurance policies must be with insurers licensed or eligible to transact business in the State of Florida. The Contractor must submit via email, to the Department's contract manager, insurance certificates evidencing such insurance coverage prior to execution of a contract with the Department and provide Department notice of any cancellation or nonrenewal at least ten (10) calendar days prior to cancellation or nonrenewal. 7.3 Indemnification. To the extent permitted by Florida law, the Contractor agrees to indemnify, defend, and hold the Department, the Customer, and the State of Florida, its officers, employees, and agents harmless from all fines, claims, assessments, suits, judgments, or damages, including consequential, special, indirect, and punitive damages, including court costs and attorney's fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret, or intellectual property right or out of any acts, actions, breaches, neglect, or omissions of the Contractor, its employees, agents, subcontractors, assignees, or delegates related to the Contract, as well as for any determination arising out of or related to the Contract that the Contractor or Contractor's employees, agents, subcontractors, assignees, or delegates are not independent contractors in relation to the Department. The Contract does not constitute a waiver of sovereign immunity or consent by the Department or the State of Florida or its subdivisions to suit by third parties. Without limiting this indemnification, the Department or Customer may provide the Contractor (1)written notice of any action or threatened action, (2) the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. SECTION 8. PUBLIC RECORDS, TRADE SECRETS, DOCUMENT MANAGEMENT AND INTELLECTUAL PROPERTY. 8.1 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. 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 10 Page 552 of 863 Furniture 56120000-19-ACS 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. 8.2 Protection of Trade Secrets or Confidential Information. If the Contractor considers any portion of materials made or received in the course of performing the Contract ("contract-related materials") to be trade secret under section 688.002 or 812.081, F.S., or otherwise confidential under Florida or federal law, the Contractor must clearly designate that portion of the materials as trade secret or otherwise confidential when submitted to the Department. The Contractor will be responsible for responding to and resolving all claims for access to contract-related materials it has designated trade secret or otherwise confidential. If the Department is served with a request for discovery of contract-related materials designated by the Contractor as trade secret or otherwise confidential, the Contractor will be responsible for filing the appropriate motion or objection in response to the request for discovery. The Department will provide materials designated trade secret or otherwise confidential if the Contractor fails to take appropriate and timely action to protect the materials designated as trade secret or otherwise confidential. The Contractor will protect, defend, indemnify, and hold harmless the Department for claims, costs, fines, and attorney's fees arising from or relating to its designation of contract-related materials as trade secret or otherwise confidential. 11 Page 553 of 863 Furniture 56120000-19-ACS 8.3 Document Management. The Contractor must retain sufficient documentation to substantiate claims for payment under the Contract and all other records, electronic files, papers and documents that were made in relation to this Contract. Contractor must retain all documents related to the Contract for five (5) years after expiration of the Contract, or, if longer, the period required by the General Records Schedules maintained by the Florida Department of State available at the Department of State's Records Management website. 8.4 Intellectual Property. Unless specifically addressed in the Contract, intellectual property rights to all property created or otherwise developed by the Contractor for the Department or the Customer will be owned by the State of Florida at the completion of the Contract. Any inventions or discoveries developed in the course of or as a result of services performed under the Contract which are patentable pursuant to 35 U.S.C. § 101 are the sole property of the State of Florida. Contractor must inform the Customer of any inventions or discoveries developed or made in connection with the Contract and will be referred to the Florida Department of State for a determination on whether patent protection will be sought for the invention or discovery. The State of Florida will be the sole owner of any and all patents resulting from any invention or discovery made in connection with this contract. Contractor must notify the Department or State of Florida of any publications, artwork, or other copyrightable works developed in connection with the Contract. All copyrights created or developed in connection with the Contract are the sole property of the State of Florida. SECTION 9. DATA SECURITY AND SERVICES. 9.1 Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida data including, but not limited to, a secure area around any displayed visible data. The Contractor will also comply with all HIPAA requirements and any other state and federal rules and regulations regarding security of information. 9.2 Warranty of Security. Unless otherwise agreed in writing, the Contractor and its subcontractors will not perform any of the services from outside of the United States, and the Contractor will not allow any State of Florida data to be sent by any medium, transmitted, or accessed outside of the United States. The Contractor agrees that a violation of items listed above will result in immediate and irreparable harm to the Customer and will entitle the Customer to a credit as provided in the Contract documents. This credit is intended only to cover the Customer's internal staffing and administrative costs as well as the diminished value of services provided under the Contract and will not preclude the Customer from recovering other damages it may suffer as a result of such violation. For purposes of determining the damages due hereunder, a group of violations relating to a common set of operative facts (e.g., same location, same time period, same off-shore entity)will be treated as a single event. A violation of this provision will also entitle the Customer to recover any damages arising from a breach of this section and constitutes an event of default. 12 Page 554 of 863 Furniture 56120000-19-ACS The Contractor must notify the Department and the Customer as soon as possible, in accordance with the requirements of section 501.171, F.S., if applicable, and in all events within one (1) business day in the event Contractor discovers any data is breached, any unauthorized access of data occurs (even by persons or companies with authorized access for other purposes), any unauthorized transmission of data occurs, or of any credible allegation or suspicion of a material violation of the above. This notification is required regardless of the number of persons or type of data affected. The notification must be clear and conspicuous and include a description of the following: (a) The incident in general terms. (b) The type of information that was subject to the unauthorized access and acquisition. (c) The type and number of entities who were, or potentially have been affected by the breach. (d) The actions taken by the Contractor to protect the data from further unauthorized access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the breach. 9.3 Remedial Measures. Upon becoming aware of an alleged security breach, Contractor's Contract Manager must set up a conference call with the Department's and the Customer's Contract Manager. The conference call invitation must contain a brief description of the nature of the event. When possible, a thirty (30)-minute notice will be given to allow Department personnel to be available for the call. If the designated time is not practical for the Customer, an alternate time for the call will be scheduled. Contractor must share all available information on the call. The Contractor must answer all questions based on the information known at that time and answer additional questions as additional information becomes known. The Contractor must provide the Department and the Customer with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a security breach or security incident outside of normal business hours, the Contractor must notify the Department's and the Customer's Contract Manager and in all events, within one business day. 9.4 Indemnification (Breach of Warranty of Security). The Contractor agrees to defend, indemnify, and hold harmless the Department, the Customer, and the State of Florida, its officers, directors, and employees for any claims, suits, or proceedings related to a breach of the Warranty of Security. The Contractor will include credit monitoring services at its own cost for those individuals affected or potentially affected by a breach of this warranty for a two-year period of time following the breach. 9.5 Annual Certification. The Contractor is required to submit an annual certification demonstrating compliance with the Warranty of Security to the Department by December 31 of each Contract year. 13 Page 555 of 863 Furniture 56120000-19-ACS SECTION 10. GRATUITIES, LOBBYING, AND COMMUNICATIONS. 10.1 Gratuities. The Contractor will not, in connection with this Contract, directly or indirectly (1) offer, give, or agree to give anything of value to anyone as consideration for any State of Florida officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone anything of value for the benefit of, or at the direction or request of, any State of Florida officer or employee. 10.2 Lobbying. In accordance with sections 11.062 and 216.347, F.S., Contract funds are not for the purpose of lobbying the Legislature, the judicial branch, or the Department. Pursuant to subsection 287.058(6), F.S., the Contract does not prohibit the Contractor from lobbying the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding the Contract, after the Contract execution and during the Contract's term. 10.3 Communications. Contractor shall not, without first notifying the Department's Contract Manager and securing the Department's prior written consent, make public statements which concern the Contract or its subject matter, disclose or permit disclosure of any data or information obtained or furnished in accordance with the Contract, or use any statement attributable to the Department or its employees. Public statements include press releases, publicity releases, promotions, marketing materials, corporate communications, or other similar communications. The Department's written consent shall not be construed to supersede or waive the Contract requirements imposed on the Contractor to maintain confidential information. SECTION 11. CONTRACT MONITORING. 11.1 Performance Standards. The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof. 11.2 Performance Deficiencies and Financial Consequences of Non-Performance. In addition to the processes set forth in the Contract (e.g., service level agreements), if the Department determines that there is a performance deficiency that requires correction by the Contractor, then the Department will notify the Contractor. The correction must be made within a time-frame specified by the Department. The Contractor must provide the Department with a corrective action plan describing how the Contractor will address all performance deficiencies identified by the Department. If the corrective action plan is unacceptable to the Department, or implementation of the plan fails to remedy the performance deficiencies, the Department will retain ten percent (10%) of the total invoice amount. The retainage will be withheld until the Contractor resolves the performance deficiencies. If the performance deficiencies are resolved, the Contractor may invoice the Department for the retained amount. If the Contractor fails to 14 Page 556 of 863 Furniture 56120000-19-ACS resolve the performance deficiencies, the retained amount will be forfeited in order to compensate the Department for the performance deficiencies. 11.3 Liquidated Damages. The Contractor will promptly notify the Department or the Customer upon becoming aware of any circumstances that may reasonably be expected to jeopardize the timely and successful completion (or delivery) of any commodity or contractual service. The Contractor will use commercially reasonable efforts to avoid or minimize any delays in performance and will inform the Department or the Customer of the steps the Contractor is taking or will take to do so, and the projected actual completion (or delivery) time. If the Contractor believes a delay in performance by the Department or the Customer has caused or will cause the Contractor to be unable to perform its obligations on time, the Contractor will promptly so notify the Department and use commercially reasonable efforts to perform its obligations on time notwithstanding the Department's delay. The Contractor acknowledges that untimely performance or other material noncompliance will damage the Department, but by their nature such damages are difficult to ascertain. Accordingly, the liquidated damages provisions stated in the Contract documents will apply. Liquidated damages are not intended to be a penalty and are solely intended to compensate for damages. 11.4 Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to fire, explosion, earthquake, windstorm, flood, radioactive or toxic chemical hazard, war, military hostilities, terrorism, civil emergency, embargo, riot, strike, violent civil unrest, or other similar cause wholly beyond the Contractor's reasonable control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. The foregoing does not excuse delay which could have been avoided if the Contractor implemented any risk mitigation required by the Contract. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department in writing of the delay or potential delay and describe the cause of the delay either (1)within ten (10) calendar days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) calendar days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor's sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other 15 Page 557 of 863 Furniture 56120000-19-ACS sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. SECTION 12. CONTRACT AUDITS. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners or agents of the Contractor, pertaining to this Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The State of Florida's Chief Financial Officer and the Office of the Auditor General also have authority to perform audits and inspections. 12.2 Payment Audit. Records of costs incurred under terms of the Contract will be maintained in accordance with section 8.3 of these Special Contract Conditions. Records of costs incurred will include the Contractor's general accounting records, together with supporting documents and records of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the Department, State of Florida's Chief Financial Officer or the Office of the Auditor General. SECTION 13. BACKGROUND SCREENING AND SECURITY. 13.1 Background Check. The Department may require the Contractor and its employees, agents, representatives, and subcontractors to provide fingerprints and be subject to such background checks as directed by the Department. The cost of the background checks will be borne by the Contractor. The Department may require the Contractor to exclude the Contractor's employees, agents, representatives or subcontractors based on the background check results. In addition, the Contractor must ensure that all persons have a responsibility to self-report to the Contractor within three (3) calendar days any arrest for any disqualifying offense. The Contractor must notify the Contract Manager within twenty- four (24) hours of all details concerning any reported arrest. The Contractor will ensure that all background screening will be refreshed upon the request of the Department for each person during the term of the Contract. 13.2 E-Verify. In accordance with Executive Order 11-116, the Contractor agrees to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the Contract for the services specified in the Contract. The Contractor must also include a requirement in subcontracts that the 16 Page 558 of 863 Furniture 56120000-19-ACS subcontractor must utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. In order to implement this provision, the Contractor must provide a copy of its DHS Memorandum of Understanding (MOU) to the Contract Manager within five (5) calendar days of Contract execution. If the Contractor is not enrolled in DHS E-Verify System, it will do so within five (5) calendar days of notice of Contract award, and provide the Contract Manager a copy of its MOU within five (5) calendar days of Contract execution. The link to E-Verify is https://www.uscis.gov/e-verify. Upon each Contractor or subcontractor new hire, the Contractor must provide a statement within five (5) calendar days to the Contract Manager identifying the new hire with its E-Verify case number. 13.3 Disqualifying Offenses. If at any time it is determined that a person has been found guilty of a misdemeanor or felony offense as a result of a trial or has entered a plea of guilty or nolo contendere, regardless of whether adjudication was withheld, within the last six (6) years from the date of the court's determination for the crimes listed below, or their equivalent in any jurisdiction, the Contractor is required to immediately remove that person from any position with access to State of Florida data or directly performing services under the Contract. The disqualifying offenses are as follows: (a) Computer related crimes (b) Information technology crimes; (c) Fraudulent practices; (d) False pretenses; (e) Frauds; (f) Credit card crimes; (g) Forgery; (h) Counterfeiting; (i)Violations involving checks or drafts; (j) Misuse of medical or personnel records; and (k) Felony theft. 13.4 Confidentiality. The Contractor must maintain confidentiality of all confidential data, files, and records related to the services and/or commodities provided pursuant to the Contract and must comply with all state and federal laws, including, but not limited to sections 381.004, 384.29, 392.65, and 456.057, F.S. The Contractor's confidentiality procedures must be consistent with the most recent version of the Department security policies, protocols, 17 Page 559 of 863 Furniture 56120000-19-ACS and procedures. The Contractor must also comply with any applicable professional standards with respect to confidentiality of information. SECTION 14. INFORMATION TECHNOLOGY. The following applies to all contracts for information technology commodities and contractual services. "Information technology" is defined in section 287.012(15), F.S., to have the same meaning as provided in section 282.0041, F.S. 14.1 Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of$250,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contained in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no party shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to backup data or records), even if the party has been advised that such damages are possible. No party shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Department may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due to the Contractor as may be necessary to satisfy any claim for damages, penalties, costs, and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due to the Contractor under any contract with the State. 14.2 Information Technology Standards. Pursuant to sections 282.0051 and 282.318, F.S., the Agency for State Technology (AST) is to establish standards for the implementation and management of information technology resources. Vendors agree to cooperate with the agency in furtherance of its efforts to comply with AST standards, established in Title 74, F.A.C., as applicable. 18 Page 560 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 01 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** ----------------------_---------_----------------_--------------------------__- VENDOR ID: ********** PRIME VENDOR SET ASIDE : MULTI-VENDOR BPO SUBVENDOR GOAL 00% PRIME VENDOR COMMITMENT: 00% ------------------------------------------------------------------------------ SHIP TO: AS SPECIFIED ON INDIVIDUAL ORDERS PLEASE REFER ALL QUESTIONS CONCERNING THIS ORDER TO: HAMMETT, MARY (305) 375-5471 ------------------------------------------------------------------------------- ITB ID EXPR DATE DISCOUNT TERMS CONTRACT AMOUNT AVCW1600298 02/28/2021 53, 868,345.40 ------------------------------------------------------------------------------- BID NUMBER RTO-00439 PRE-QUALIFIED VENDORS FOR MULTI-VENDOR BPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS FRN775947 01 DSI INDUSTRIES INC NET30 043489948 01 AFFORDABLE INTERIOR SYSTMES INC NET30 112793425 01. HUMANSCALE CORPORATION NET30 131945763 01 EMPIRE OFFICE INC NET30 133873847 01 KNOLL INC NET30 200265138 01 RESIDENTIAL KITCHEN DESIGNS INC NET14 201359939 01 YOUR OFFICE INC NET30 204013098 01 COMPASS OFFICE SOLUTIONS LLC NET30 204409723 01 SEGIS USA INC NET30 223785040 01 TEKNION LLC NET30 251476717 01 FORMS & SURFACES INC NET30 264213422 01 GLOBAL COMMERCIAL FURNISHINGS INC NET30 300056548 02 OFS BRANDS INC NET30 351688210 03 KIMBALL OFFICE INC NET30 360717079 01 ALLSTEEL INC NET30 364626586 01 CLASSROOM OUTFITTERS LLC NET14 381897577 01 LANDSCAPE FORMS INC NET30 383974409 01 HANCOCK & MOORE LLC NET30 Page 561 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 02 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** PRE-QUALIFIED VENDORS FOR MULTI-VENDOR BPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS 390874653 01 BAY VIEW INDUSTRIES INC NET30 391375589 03 KRUEGER INTERNATIONAL INC NET30 421295118 01 MAXON FURNITURE INC NET30 421491474 02 HON COMPANY LLC NET30 460472211 01 SPECTRIM BUILDING PRODUCTS LLC NET30 481275111 01 OFFISTATION INC NET30 520953534 02 GLOBAL INDUSTRIES INC NET30 520953534 03 GLOBAL INDUSTRIES INC NET30 560986683 01 PATTERSON POPE INC NET30 561171971. 01 DAR RAN FURNITURE INDUSTRIES INC NET30 562137177 01 TROUTMAN CHAIR COMPANY LLC NET30 581877256 01 LIBRARY INTERIORS OF FLORIDA INC NET30 591423861 02 PRADERE MANUFACTURING CORP NET30 591566453 01 NEWTON SEATING COMPANY INC NET30 591752369 01 HUGH ROBINSON INC NET30 591851050 02 BERWIN INC NET30 592167018 01 PRISON REHAB INDUSTRIES & DIV ENTERP INC NET30 592524876 02 GALLOWAY OFFICE SUPPLIES INC NET30 592954122 01 R GEORGE & ASSOCIATES INC NET30 593265072 01 SSE & ASSOCIATES INC NET30 630577594 01 NATIONAL OFFICE FURNITURE INC NET30 650025931 01 OFFICE DIMENSIONS INC NET14 650085768 01 OFFICE EXPRESS SUPPLIES INC NET14 650167601 02 ADVANCED FILING SYSTEMS INC NET14 650789887 03 ABP AVENTURA INC NET30 650962841 01 APRICOT OFFICE INTERIORS NET14 650986355 01 NANCY REYNOLDS ASSOCIATES INC NET30 651064028 01 ALL RACK & SHELVING INC NET30 651078531 01 TJJA ARCHITECTS PA NET30 821.716453 01 CAMILO HOLDINGS LLC NET30. 832276706 01 WRK LAB INC NET30 870652595 01 MITY LITE INC NET30 941525814 01 LAKESHORE EQUIPMENT COMPANY NET30 943061546 02 SUN NORTHWEST INC. NET30 953983808 01 EGAN VISUAL WEST INC NET30 980443904 01 DIRTT ENVIRONMENTAL SOLUTIONS INC NET30 981365220 01 ARCONAS CORPORATION NET30 ITEM COMMODITY ID U/M UNIT COST 001 420-84 LO SCHOOLROOM FURNITURE, METAL: CABINETS, CHAIRS, DE Page 562 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 03 ....----_T----------------------W-------------------__-------------_------------ ** UPDATED/REVISED BPO ** ITEM COMMODITY ID U/M UNIT COST 002 410-34 LO FURNITURE, HOSPITAL (NOT SPECIALIZED) 003 420-03 LO ARTS AND CRAFTS FURNITURE (TABLES, ETC. ) 004 420-13 LO CHILDREN'S FURNITURE (INCLUDING STACKABLE TYPES) 005 420-15 LO COURTROOM FURNITURE: CHAIRS, TABLES, ETC. 006 420-56 LO LIBRARY FURNITURE: BOOK TRUCKS, CARD CABINETS, 007 425-94 LO WORK STATIONS, MODULAR, SYSTEMS FURNITURE 008 150-49 Lo MILLWORK: COUNTERS, CUSTOM-MADE CABINETS, 009 415-55 LO FURNITURE, LABORATORY (CUSTOM MADE) 010 420-04 LO AUDITORIUM, STADIUM, TEAM SEATING FURNITURE 011 420-08 LO CAFETERIA FURNITURE, CHAIRS AND TABLES 012 420-09 LO CAFETERIA FURNITURE, BOOTHS 013 420-12 LO CHAPEL FURNISHINGS: PEWS, PULPITS, ETC. 014 420-14 LO COUNTERS, SALES AND STORE 015 420-16 LO DORMITORY FURNITURE, METAL: WARDROBES, BEDS, BUNK Page 563 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER -----------------W-----------_-----------_------_-----------------_--_-------- BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 04 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** ITEM COMMODITY ID U/M UNIT COST 016 420-20 DORMITORY FURNITURE, WOOD: WARDROBES, BEDS, BUNK 017 420-24 FOLDING CHAIRS, TABLES, AND CHAIR TRUCKS, ME 018 420-28 FOLDING CHAIRS AND TABLES, WOOD 019 420-30 FURNITURE, GENERAL (CUSTOM MADE) 020 420-40 HOUSEHOLD FURNITURE, GENERAL LINE 021 420-44 INSTITUTIONAL FURNITURE, ALL TYPES 022 420-48 LIBRARY SHELVING, METAL 023 420-52 LIBRARY" SHELVING, WOOD 024 420-59 LOUNGE FURNITURE, UPHOLSTERED 025 420-60 LOUNGE FURNITURE, STEEL, INDOOR 026 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 027 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 028 420-62 LOUNGE FURNITURE, INDOOR: FIBERGLASS, PLASTIC, E 029 420-64 LOUNGE FURNITURE, INDOOR, WOOD Page 564 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 05 --------..-----------------------------------------_T_-----------__------------ ** UPDATED/REVISED BPO ** ITEM COMMODITY ID U/M UNIT COST 030 420-65 LOUNGE FURNITURE, OUTDOOR, WOOD 031 420-66 MAILROOM FURNITURE: BINS, BOXES, CARTS, CONSOLES 032 420-68 MATTRESSES AND BEDSPRINGS (NOT HOSPITAL TYPE) 033 420-72 MIRRORS, GLASS (NOT AUTO, BARBER, SAFETY, SE 034 420-73 MIRRORS, SAFETY AND SECURITY, NON-GLASS,FLAT TYPE 035 420-74 MIRRORS, SAFETY AND SECURITY (FOR BLIND CORNERS IN 036 420-81 RECYCLED FURNITURE FOR CAFETERIA, CHAPEL, DO 037 420-86 SCHOOLROOM FURNITURE; PLASTIC, POLYPROPYL 038 420-88 SCHOOLROOM FURNITURE, WOOD: CABINETS, CHAIRS, DE 039 420-92 SHOWCASE, TROPHY CASES AND EXHIBIT CASES 040 425-07 CHAIRS, OFFICE, WOOD 041 425-40 FILING CABINETS, OFFICE, METAL: CARD, JUMBO, LAT 042 425-54 MODULAR PANEL SYSTEMS, (WITH METAL CONNECTING 043 425-81 SHELVING, MOBILE, TRACK TYPE, OFFICE ------------------------------- END OF ITEM LIST ------------------------------ Page 565 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ----------------..-----------------------_---------_-----__-------------_------- BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 06 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: AV****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $11,269,445 .00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: CL****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $492,300.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: CO****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $55,000. 00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: CR****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $584,600.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: CU****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $386,835. 00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: EL****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $250, 000.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: ET****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $221, 000. 00 Page 566 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ BFO ID: ABCW1800272 PRINT DATE: 02/11./2020 PAGE: 07 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: FR****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $989,670. 00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: HR****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $30, 000.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: ID06**** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $11,461., 697 .44 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: ID0902** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $4, 642,338. 11 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $40, 000.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: LB****** ALLOCATION: CALLER. ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $12,408, 500.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: ME****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $134, 000. 00 Page 567 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ BPO ID: ABCW1800272 PRINT DATE: 02/17./2020 PAGE: 08 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: MT****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $242,504.70 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: OC****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $40,825.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: PD****** ALLOCATION: CALLER ID CALLERS .NAME DOLLAR LIMIT PHONE NUMBER ******** $4,854, 000.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: PEOI**** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $382,251. 15 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: PR****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $921, 100.00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: SP****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $1,546,279. 00 AUTHORIZED DEPTS/USERS AUTHORIZED DEPT: SW****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONE NUMBER ******** $608, 500.00 Page 568 of 863 MIAMI-DADE COUNTY BLANKET PURCHASE ORDER BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 09 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** AUTHORIZED DEPT'S/USERS AUTHORIZED DEPT: WS****** ALLOCATION: CALLER ID CALLERS NAME DOLLAR LIMIT PHONENUMBER ******** $2,308,500 .00 ( ) - TERMS': COSTS OF MANDATORY RANDOMS AUDIT BY THE INSPECTOR GENERAL ARE INCORPORATED INTO THIS CONTRACT AS 1/4 OF 1% OF THE CONTRACT PRICE. THIS CONTRACT IS SUBJECT TO A USER ACCESS FEE UNDER THE COUNTY USER ACCESS PROGRAM (UAP) IN THE AMOUNT OF TWO PERCENT (2%) . THE VENDOR PROVIDING GOODS AND SERVICES UNDER THIS CONTRACT SHALL INVOICE THE CONTRACT PRICE AND SHALL ACCEPT AS PAYMENT THEREOF THE CONTRACT PRICE LESS THE 2% UAP AS FULL AND COMPLETE PAYMENT FOR THE GOODS ASCD/OR SERVICES SPECIFIED ON THE INVOICE. THE COUNTY SHALL RETAIN THE 2% UAP FOR USE BY THE COUNTY TO 'HELP DEFRAY THE COST OF THE PROCUREMENT PROGRAM. VENDOR PARTICIPATION IN THIS INVOICE REDUCTION PORTION OF THE UAP IS MANDATORY. ------------------------------------------------------------------------------ THIS IS A BLANKET PURCHASE ORDER COVERING PERIOD FROM MARCH 1, 2018 TO 2/28/2021 DELIVERIES AGAINST THIS PURCHASE ORDER SHALL BE MADE IN QUANTITIES AND TIMES AS REQUESTED BY THE DEPARTMENT DURING SAID PERIOD. INVOICING SHALL BE ON A PER ORDER (DELIVERY) BASIS OR ON A MONTHLY INVOICE BASIS. ALL ITEMS IN ACCORDANCE WITH THE BID PROVISIONS AND SPECIFICATIONS AND THE VENDOR'S QUOTE OR BID. ESTIMATED QUANTITIES AND/OR DOLLARS ARE FOR RECORD PURPOSES ONLY. NO GUARANTEE IS EXPRESSED OR IMPLIED AS TO QUANTITIES AND/OR DOLLARS THAT WILL ACTUALLY BE PURCHASED. THE VENDOR ACCEPTS ALL RISKS ASSOCIATED WITH USING THIS INFORMATION. ** UPDATED/REVISED BPO ** AUTHORIZED SIGNATURE': DATE: ** *** LAST, PAGE ******** Page 569 of 863 CONTRACT AWARD SHEET MIAMI- INTERNAL SERVICES DEPARTMENT BID NO.: RTQ-00439 PREVIOUS BID NO.: 1072-1/16-1 TITLE: FURNITURE OFFICE AND NON-OFFICE CURRENT CONTRACT PERIOD: 03/01/2018 THROUGH 02/28/2021 TOTAL#OF OTRs: 0 CONTRACT AMOUNT: $54,706,231.40 REQUISTION NO.: SECTION #1 —APPLICABLE ORDINANCES Living Wage: N UAP: N IG: N Other Applicable Ordinances: SECTION #2—CONTRACT MEASURES Local Preference: N Micro Enterprise: N Full Federal Funding: N Performance Bond: N Small Business Enterprise PTP Funds: N Partial Federal Funding: N Insurance: N (SBE): N Miscellaneous: SECTION #3—CONTRACTING OFFICER Name Mary Hammett Phone 305-375-5471 Fax - Email Mary.Hammett@M IAM IDADE.GOV SECTION #4—BPO INFORMATION 1. ABCW1800272 Commodity ID Commodity Name 150-49 MILLWORK: COUNTERS, CUSTOM-MADE 415-55 FURNITURE, LABORATORY CUSTOM MADE 420-04 AUDITORIUM, STADIUM, TEAM SEATING 420-92 SHOWCASE, TROPHY CASES AND EXHIBIT CASES 420-08 CAFETERIA FURNITURE, CHAIRS AND TABLES 425-07 CHAIRS, OFFICE, WOOD 425-40 FILING CABINETS, OFFICE, METAL: CARD, 420-09 CAFETERIA FURNITURE, BOOTHS 425-54 MODULAR PANEL SYSTEMS, WITH METAL 425-81 SHELVING, MOBILE, TRACK TYPE, OFFICE 420-12 CHAPEL FURNISHINGS: PEWS, PULPITS, ETC. 420-14 COUNTERS, SALES AND STORE 420-16 DORMITORY FURNITURE, METAL: WARDROBES, 420-20 DORMITORY FURNITURE, WOOD: WARDROBES, 420-24 FOLDING CHAIRS, TABLES,AND CHAIR 420-28 FOLDING CHAIRS AND TABLES,WOOD 420-30 FURNITURE, GENERAL CUSTOM MADE 420-84 SCHOOLROOM FURNITURE, METAL: CABINETS, 410-34 FURNITURE, HOSPITAL NOT SPECIALIZED 420-03 ARTS AND CRAFTS FURNITURE TABLES, ETC. Page 1 Page 570 of 863 Bid No. RTQ-00439 Award Sheet 420-13 CHILDREN'S FURNITURE INCLUDING STACKABL 420-15 COURTROOM FURNITURE: CHAIRS,TABLES, 420-56 LIBRARY FURNITURE: BOOK TRUCKS, CARD 425-94 WORK STATIONS, MODULAR, SYSTEMS 420-40 HOUSEHOLD FURNITURE, GENERAL LINE 420-44 INSTITUTIONAL FURNITURE,ALL TYPES 420-48 LIBRARY SHELVING, METAL 420-52 LIBRARY SHELVING,WOOD 420-59 LOUNGE FURNITURE, UPHOLSTERED 420-60 LOUNGE FURNITURE, STEEL, INDOOR 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 420-62 LOUNGE FURNITURE, INDOOR: FIBERGLASS, 420-64 LOUNGE FURNITURE, INDOOR, WOOD 420-65 LOUNGE FURNITURE, OUTDOOR, WOOD 420-66 MAILROOM FURNITURE: BINS, BOXES, CARTS, 420-68 MATTRESSES AND BEDSPRINGS NOT HOSPITAL 420-72 MIRRORS, GLASS NOT AUTO, BARBER, 420-73 MIRRORS, SAFETY AND SECURITY, NON-GLASS, 420-74 MIRRORS, SAFETY AND SECURITY FOR BLIND 420-81 RECYCLED FURNITURE FOR CAFETERIA, 420-86 SCHOOLROOM FURNITURE; PLASTIC, 420-88 SCHOOLROOM FURNITURE, WOOD: CABINETS, Department Department Allocation CR****** $584,600.00 CU****** $386,835.00 EL****** $250,000.00 ET****** $221,000.00 FR****** $989,670.00 HR****** $30,000.00 ID06**** $11,461,697.44 ID0902** $4,642,338.11 JU****** $40,000.00 LB****** $12,408,500.00 ME****** $134,000.00 MT****** $242,504.70 OC****** $40,825.00 PD****** $4,854,000.00 PE01**** $381,251.15 PR****** $921,100.00 SP****** $1,546,279.00 SW***** $608,500.00 WS****** $2,308,500.00 AV****** $11,269,445.00 CL****** $492,300.00 CO****** $55,000.00 2. ABCW1800273 Commodity ID Commodity Name 420-64 LOUNGE FURNITURE, INDOOR, WOOD 420-65 LOUNGE FURNITURE, OUTDOOR, WOOD 420-66 MAILROOM FURNITURE: BINS, BOXES, CARTS, 420-68 MATTRESSES AND BEDSPRINGS NOT HOSPITAL 425-40 FILING CABINETS, OFFICE, METAL: CARD, 420-72 MIRRORS, GLASS NOT AUTO, BARBER, 420-73 MIRRORS, SAFETY AND SECURITY, NON-GLASS, Page 2 Page 571 of 863 Bid No. RTQ-00439 Award Sheet 420-84 SCHOOLROOM FURNITURE, METAL: CABINETS, 420-03 ARTS AND CRAFTS FURNITURE TABLES, ETC. 420-74 MIRRORS, SAFETY AND SECURITY FOR BLIND 410-34 FURNITURE, HOSPITAL NOT SPECIALIZED 420-13 CHILDREN'S FURNITURE INCLUDING STACKABL 420-15 COURTROOM FURNITURE: CHAIRS,TABLES, 420-56 LIBRARY FURNITURE: BOOK TRUCKS, CARD 425-94 WORK STATIONS, MODULAR, SYSTEMS 150-49 MILLWORK: COUNTERS, CUSTOM-MADE 415-55 FURNITURE, LABORATORY CUSTOM MADE 420-04 AUDITORIUM, STADIUM, TEAM SEATING 420-81 RECYCLED FURNITURE FOR CAFETERIA, 420-08 CAFETERIA FURNITURE, CHAIRS AND TABLES 420-86 SCHOOLROOM FURNITURE, PLASTIC, 420-09 CAFETERIA FURNITURE, BOOTHS 420-88 SCHOOLROOM FURNITURE, WOOD: CABINETS, 425-54 MODULAR PANEL SYSTEMS, WITH METAL 425-81 SHELVING, MOBILE, TRACK TYPE, OFFICE 420-12 CHAPEL FURNISHINGS: PEWS, PULPITS, ETC. 420-92 SHOWCASE, TROPHY CASES AND EXHIBIT CASES 420-14 COUNTERS, SALES AND STORE 420-16 DORMITORY FURNITURE, METAL: WARDROBES, 420-20 DORMITORY FURNITURE, WOOD: WARDROBES, 420-24 FOLDING CHAIRS, TABLES,AND CHAIR 420-28 FOLDING CHAIRS AND TABLES,WOOD 420-30 FURNITURE, GENERAL CUSTOM MADE 420-40 HOUSEHOLD FURNITURE, GENERAL LINE 420-44 INSTITUTIONAL FURNITURE,ALL TYPES 420-48 LIBRARY SHELVING, METAL 420-52 LIBRARY SHELVING,WOOD 420-59 LOUNGE FURNITURE, UPHOLSTERED 420-60 LOUNGE FURNITURE, STEEL, INDOOR 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 420-62 LOUNGE FURNITURE, INDOOR: FIBERGLASS, 425-07 CHAIRS, OFFICE, WOOD Department Department Allocation CO****** $36,000.00 FR****** $56,165.00 HD****** $222,000.00 PD****** $60,000.00 3. ABCW1800537 Commodity ID Commodity Name 420-84 SCHOOLROOM FURNITURE, METAL: CABINETS, 410-34 FURNITURE, HOSPITAL NOT SPECIALIZED 420-03 ARTS AND CRAFTS FURNITURE TABLES, ETC. 425-94 WORK STATIONS, MODULAR, SYSTEMS 150-49 MILLWORK: COUNTERS, CUSTOM-MADE 420-04 AUDITORIUM, STADIUM, TEAM SEATING 420-08 CAFETERIA FURNITURE, CHAIRS AND TABLES 420-09 CAFETERIA FURNITURE, BOOTHS 420-12 CHAPEL FURNISHINGS: PEWS, PULPITS, ETC. 420-14 COUNTERS, SALES AND STORE 420-16 DORMITORY FURNITURE, METAL: WARDROBES, 420-20 DORMITORY FURNITURE, WOOD: WARDROBES, 420-24 FOLDING CHAIRS, TABLES,AND CHAIR Page 3 Page 572 of 863 Bid No. RTQ-00439 Award Sheet 420-28 FOLDING CHAIRS AND TABLES,WOOD 420-30 FURNITURE, GENERAL CUSTOM MADE 420-40 HOUSEHOLD FURNITURE, GENERAL LINE 420-44 INSTITUTIONAL FURNITURE,ALL TYPES 420-48 LIBRARY SHELVING, METAL 420-52 LIBRARY SHELVING,WOOD 420-59 LOUNGE FURNITURE, UPHOLSTERED 420-60 LOUNGE FURNITURE, STEEL, INDOOR 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 420-56 LIBRARY FURNITURE: BOOK TRUCKS, CARD 420-61 LOUNGE FURNITURE, STEEL, OUTDOOR 420-62 LOUNGE FURNITURE, INDOOR: FIBERGLASS, 420-64 LOUNGE FURNITURE, INDOOR, WOOD 420-65 LOUNGE FURNITURE, OUTDOOR, WOOD 420-66 MAILROOM FURNITURE: BINS, BOXES, CARTS, 420-68 MATTRESSES AND BEDSPRINGS NOT HOSPITAL 420-72 MIRRORS, GLASS NOT AUTO, BARBER, 420-73 MIRRORS, SAFETY AND SECURITY, NON-GLASS, 420-74 MIRRORS, SAFETY AND SECURITY FOR BLIND 420-81 RECYCLED FURNITURE FOR CAFETERIA, 420-86 SCHOOLROOM FURNITURE; PLASTIC, 420-88 SCHOOLROOM FURNITURE, WOOD: CABINETS, 420-92 SHOWCASE, TROPHY CASES AND EXHIBIT CASES 425-07 CHAIRS, OFFICE, WOOD 425-40 FILING CABINETS, OFFICE, METAL: CARD, 425-54 MODULAR PANEL SYSTEMS, WITH METAL 425-81 SHELVING, MOBILE, TRACK TYPE, OFFICE 420-13 CHILDREN'S FURNITURE INCLUDING STACKABL 420-15 COURTROOM FURNITURE: CHAIRS,TABLES, 415-55 FURNITURE, LABORATORY(CUSTOM MADE) De artment Department Allocation SP****** $463,721.00 SECTION #5—AWARD INFORMATION BCC Award: N BCC Date: 01/22/2020 DPM Award: N DPM Date: 11/19/2019 Additional Items Allowed: Agenda Item No.: 8F5SUBSTITUTE Special Conditions: Insurance is required from all vendors who are or will be providing installation on Miami-Dade County properties. It is the User Department responsibility to make sure the Vendors are in compliance with the requested insurance. No exceptions) SECTION #6—VENDORS AWARDED 1. Vendor Name: AFFORDABLE INTERIOR SYSTEMS, INC. DBA: FEIN: 043489948 Suffix: 01 Street: 4 Bonazzoli Ave. City: Hudson State: MA Zip: 01749 FOB Terms: DEST-P Page 4 Page 573 of 863 Bid No. RTQ-00439 Award Sheet Delivery: Payment NET30 Terms: Toll Phone: 800-4347400 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Ben Maxwell 978-5050888 800-4347400 978-5620811 bmaxwell@ais-inc.com 2. Vendor Name: HUMANSCALE CORPORATION DBA: FEIN: 112793425 Suffix: 01 Street: 220 CIRCLE DR. NORTH City: PISCATAWAY State: NJ Zip: 08854 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address THERESA 732-537-2944 - 732-356-4146 TDONNELLY@HUMANSCALE.COM DONNELLY 3. Vendor Name: EMPIRE OFFICE INC DBA: FEIN: 131945763 Suffix: 01 Street: 2 OAKWOOD BLVD, SUITE 140 City: HOLLYWOOD State: FL Zip: 33020 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 954-798-7866 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Page 5 Page 574 of 863 Bid No. RTQ-00439 Award Sheet Contact Details Name Phone 1 Phone 2 Fax Email Address JAY BINKOSKI 954-707-6200 954-798-7866 954-707-6222 JBINKOWSKI EMPIREOFFICE.COM 4. Vendor Name: KNOLL INC DBA: FEIN: 133873847 Suffix: 01 Street: 1235 Water Street City: East Greenville State: PA Zip: 18041 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Karen Bastian 305-5710903 - 1 305-5710930 kbastian@knoll.com 5. Vendor Name: RESIDENTIAL KITCHEN DESIGNS INC DBA: FEIN: 200265138 Suffix: 01 Street: 5921 NW 176TH STREET SUIT#2 City: MIAMI State: FL Zip: 33015 FOB Terms: DEST-P Delivery: Payment NET14 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address MARCIAL TORRES 800-4073460 - 954-3376374 marcialtorres7@gmail.com 6. Vendor Name: YOUR OFFICE INC DBA: FEIN: 201359939 Suffix: 01 Page 6 Page 575 of 863 Bid No. RTQ-00439 Award Sheet Street: 6193 Rock Island Road#306 City: Tamarac State: FL Zip: 33319 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Chuck S Williams 954-5300137 - 954-5671439 yourofficefl@aol.com 7. Vendor Name: COMPASS OFFICE SOLUTIONS LLC DBA: FEIN: 204013098 Suffix: 01 Street: 3320 ENTERPRISE WAY City: M I RAMAR State: FL Zip: 33025 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JOSE M DIAZ 954-430-4590 - 954-430-4591 DIAZJ COMPASS-OFFICE.COM 8. Vendor Name: SEGIS-USA, INC DBA: FEIN: 204409723 Suffix: 01 Street: 3431 West Andrew Johnson Highway City: Morristown State: TN Zip: 37814 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Page 7 Page 576 of 863 Bid No. RTQ-00439 Award Sheet Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Howard Shore 404-6805500 - 678-2623549 hms@hshore.com 9. Vendor Name: TEKNION LLC DBA: FEIN: 223785040 Suffix: 01 Street: 350 FELLOWSHIP ROAD City: MT LAUREL State: NJ Zip: 08054 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 877-552-5830 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address ANDREW GIRTEN 305-803-9704 877-552-5830 856-552-5830 ANDREW.GIRTEN TEKNION.COM 10. Vendor Name: FORMS &SURFACES INC DBA: FEIN: 251476717 Suffix: 01 Street: 30 Pine Street City: Pittsburgh State: PA Zip: 15223 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-4510410 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Jamie Valasek 800-4510410 800-4510410 412-7817840 1 jamie.valasek@forms-surfaces.com Page 8 Page 577 of 863 Bid No. RTQ-00439 Award Sheet 11. Vendor Name: GLOBAL COMMERCIAL FURNISHINGS INC DBA: FEIN: 264213422 Suffix: 01 Street: 3132 Fortune Way D1 City: Wellington State: FL Zip: 33414 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Angie Haynes 561-4294004 - - ahaynes@gcfnew.com 12. Vendor Name: OFS BRANDS INC DBA: FEIN: 300056548 Suffix: 02 Street: 1204 EAST 6TH STREET City: HUNTINGBURG State: IN Zip: 47542 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-5215381 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Rory A Laurent 866-6379328 800-5215381 812-6837155 rlaurent@ofs.com 13. Vendor Name: KIMBALL OFFICE INC DBA: FEIN: 351688210 Suffix: 03 Street: 1600 ROYAL STREET City: JASPER State: IN Zip: 475491022 FOB Terms: DEST-P Delivery: Page 9 Page 578 of 863 Bid No. RTQ-00439 Award Sheet Payment NET30 Terms: Toll Phone: 800-4821616 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Angi Grundhoefer 1 800-4821616 800-4821616 812-6343014 angi.grundhoefer@kimball.com 14. Vendor Name: ALLSTEEL INC DBA: FEIN: 360717079 Suffix: 01 Street: 13358 COLLECTIONS CENTER DR City: CHICAGO State: IL Zip: 60693 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 888-2557833 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address ATHENA 954-9266411 888-2557833 954-9212048 neiram@allsteeloffice.com VANWAARDENBURG 15. Vendor Name: CLASSROOM OUTFITTERS LLC DBA: FEIN: 364626586 Suffix: 01 Street: 19301 SW 106 AVENUE SUITE#11 City: MIAMI State: FL Zip: 33157 FOB Terms: DEST-P Delivery: Payment NET14 Terms: Toll Phone: 877-5090664 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Page 10 Page 579 of 863 Bid No. RTQ-00439 Award Sheet Contact Details Name Phone 1 Phone 2 Fax Email Address RICHARD A 786-7351155 877-5090664 786-7388399 RICK@CLASSROOMOUTFITTERS.COM BREWER 16. Vendor Name: LANDSCAPE FORMS INC DBA: FEIN: 381897577 Suffix: 01 Street: 431 LAWNDALE AVE City: KALAMAZOO State: MI Zip: 49048 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-4411945 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Josh Buursma 269-3371203 800-4411945 269-2162738 AR@Iandscapeforms.com 17. Vendor Name: HANCOCK AND MOORE, LLC DBA: Cabot Wrenn FEIN: 383974409 Suffix: 01 Street: 166 Hancock and Moore Lane City: Taylorsville State: NC Zip: 28681 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Tracy L Parsons 828-3268249 - 828-3254659 tracyp@cabotwrenn.com 18. Vendor Name: BAY VIEW INDUSTRIES, INC. DBA: Surface Works FEIN: 390874653 Suffix: 01 Page 11 Page 580 of 863 Bid No. RTQ-00439 Award Sheet Street: 7821 South 10th Street City: Oak Creek State: WI Zip: 53154 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Kelly Ciezki 414-5702677 - 414-5702676 contracts@surfaceworks.us 19. Vendor Name: KRUEGER INTERNATIONAL INC DBA: KI FEIN: 391375589 Suffix: 03 Street: 1330 Bellevue Street City: Green Bay State: WI Zip: 54302 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Scott Russell 305-3895969 - 305-7540951 scott.russell@ki.com 20. Vendor Name: MAXON FURNITURE INC. DBA: FEIN: 421295118 Suffix: 01 Street: 200 Oak Street City: Muscatine State: IA Zip: 52761 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-8764274 Local Vendor: Page 12 Page 581 of 863 Bid No. RTQ-00439 Award Sheet Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Contract Manager 563-2992949 800-8764274 800-2572635 MaxonContractManager@maxonmai1.com 21. Vendor Name: THE HON COMPANY LLC DBA: FEIN: 421491474 Suffix: 02 Street: 200 Oak Street City: Muscatine State: IA Zip: 52761 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Greg Bauer 563-2727354 - - contractmanager@honcompany.com 22. Vendor Name: SPECTRIM BUILDING PRODUCTS LLC DBA: FEIN: 460472211 Suffix: 01 Street: 3433 Marshall Lane City: Bensalem State: PA Zip: 19020 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-4371030 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Mike Andersen 267-2231030 800-4371030 215-2458704 mikea@spectrimbp.com Page 13 Page 582 of 863 Bid No. RTQ-00439 Award Sheet 23. Vendor Name: OFFISTATION INC DBA: FEIN: 481275111 Suffix: 01 Street: 1405 SW 20 STREET City: FT.LAUDERDALE State: FL Zip: 33315 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address GEORGE A. LEE JR., 954-766-9878 - 954-766-9896 GEORGE@OFFISTATION.COM PRESIDENT 24. Vendor Name: GLOBAL INDUSTRIES INC DBA: EVOLVE FURNITURE GROUP FEIN: 520953534 Suffix: 02 Street: 17 WEST STOW ROAD City: MARLTON State: NJ Zip: 08053 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-2201900 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JOSEPH FREUND 954-8468888 800-2201900 856-5521069 JFREUND GLOBALINDUSTRIES.COM 25. Vendor Name: GLOBAL INDUSTRIES INC DBA: OFFICES TO GO FEIN: 520953534 Suffix: 03 Street: 17 WEST STOW ROAD City: MARLTON State: NJ Zip: 08053 FOB Terms: DEST-P Delivery: Page 14 Page 583 of 863 Bid No. RTQ-00439 Award Sheet Payment NET30 Terms: Toll Phone: 800-2201900 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JOSEPH FREUND 954-8468888 800-2201900 856-5521069 JFREUND@GLOBALINDUSTRIES.COM 26. Vendor Name: PATTERSON POPE INC DBA: FEIN: 560986683 Suffix: 01 Street: P O BOX 535722 City: ATLANTA State: GA Zip: 30353 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-4326230 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Brad Osti u 954-3927874 800-4326230 407-3288188 salesfl@pattersonpope.com 27. Vendor Name: DAR RAN FURNITURE INDUSTRIES INC DBA: FEIN: 561171971 Suffix: 01 Street: 2402 SHORE ST City: HIGH POINT State: NC Zip: 27263 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-334-7891 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Page 15 Page 584 of 863 Bid No. RTQ-00439 Award Sheet Name Phone 1 Phone 2 Fax Email Address CAMI BOND 1 336-681-2428 800-334-7891 336-434-7602 CBOND DARRAN.COM 28. Vendor Name: TROUTMAN CHAIR COMPANY LLC DBA: FEIN: 562137177 Suffix: 01 Street: 134 ROCKER LANE City: STATESVILLE State: NC Zip: 28677 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JEAN H LAND 704-872-7625 - 704-878-6996 JEAN TROUTMANCHAIRS.COM 29. Vendor Name: LIBRARY INTERIORS OF FLORIDA INC DBA: FEIN: 581877256 Suffix: 01 Street: 2801 DIVISION STREET City: METAIRIE State: LA Zip: 70002 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Jen Anderson 954-4717181 - - jen.anderson@libraryinteriors.com 30. Vendor Name: PRADERE MANUFACTURING CORP DBA: PRADERE OFFICE PRODUCTS FEIN: 591423861 Suffix: 02 Street: 7655 West 20th Avenue City: Hialeah Page 16 Page 585 of 863 Bid No. RTQ-00439 Award Sheet State: FL Zip: 33014 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Michelle P Noriega 305-8230190 - 305-8230192 michelle@pradereoffice.com 31. Vendor Name: NEWTON SEATING COMPANY INC DBA: FEIN: 591566453 Suffix: 01 Street: 2344 HARPER STREET City: JACKSONVILLE State: FL Zip: 32204 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 888-847-4614 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address MICHAEL C BATES 904-355-2080 888-847-4614 904-355-7021 M.BATES NEWTON-FL.COM 32. Vendor Name: HUGH ROBINSON INC DBA: FEIN: 591752369 Suffix: 01 Street: 2718 NW 31st Ave City: LAUDERDALE LAKES State: FL Zip: 33311 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-7668711 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Page 17 Page 586 of 863 Bid No. RTQ-00439 Award Sheet Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address John S Robinson 954-4840660 800-7668711 954-4840664 hri@robinsonwalls.com 33. Vendor Name: BERWIN INC DBA: JC WHITE ARCHITECTURAL INTERIOR PRODUCTS FEIN: 591851050 Suffix: 02 Street: 3501 Commerce Parkway City: Miramar State: FL Zip: 33025 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Phil Wodecki 954-4996677 - 954-4996678 1 phil.wodecki@jcwhite.com 34. Vendor Name: PRISON REHAB INDUSTRIES& DIV ENTERP INC DBA: PRIDE ENTERPRISES FEIN: 592167018 Suffix: 01 Street: 223 MORRISON ROAD City: BRANDON State: FL Zip: 33511 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 813-890-3449 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JASON M. BROWN 813-890-2133 813-890-3449 727-570-3449 BIDS PRIDE-ENTERPRISES.ORG 35. Vendor Name: GALLOWAY OFFICE SUPPLIES INC DBA: GALLOWAY OFFICE SUPPLIES &FURNITURE Page 18 Page 587 of 863 Bid No. RTQ-00439 Award Sheet FEIN: 592524876 Suffix: 02 Street: 10201 NW 21 ST STREET City: MIAMI State: FL Zip: 33172 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JIM TOURAL 305-591-1616 - 305-591-5655 JIM@GALLOWAYOFFICESUPPLY.COM 36. Vendor Name: R GEORGE &ASSOCIATES INC DBA: FEIN: 592954122 Suffix: 01 Street: 945 ISLAND GROVE DRIVE City: DELAND State: FL Zip: 32724 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 866-235-6960 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address AARON KEMBLE 561-498-9810 866-235-6960 561-498-0720 INFO RGEORGE.COM 37. Vendor Name: SSE&ASSOCIATES INC DBA: SOUTHEASTERN SURFACES& EQUIPMENT FEIN: 593265072 Suffix: 01 Street: 569 CANAL STREET City: NEW SMYRNA BEACH State: FL Zip: 32168 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-6448875 Page 19 Page 588 of 863 Bid No. RTQ-00439 Award Sheet Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address KELLI MORRIS 386-4288875 800-6448875 386-4288767 KMORRIS SSETEAM.COM 38. Vendor Name: NATIONAL OFFICE FURNITURE, INC. DBA: FEIN: 630577594 Suffix: 01 Street: 1610 Royal Street City: Jasper State: IN Zip: 47549 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Debbie Trevino 812-6618377 - - Debbie.Trevino@NationalOfficeFurniture.com 39. Vendor Name: OFFICE DIMENSIONS INC DBA: FEIN: 650025931 Suffix: 01 Street: 3621 N.E. 1 ST COURT City: MIAMI State: FL Zip: 331373609 FOB Terms: DEST-P Delivery: Payment NET14 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address MARK STERN 305-576-7550 - 305-576-7511 MSTERN ODIMIAMI.COM Page 20 Page 589 of 863 Bid No. RTQ-00439 Award Sheet 40. Vendor Name: OFFICE EXPRESS SUPPLY INC DBA: FEIN: 650085768 Suffix: 01 Street: 8005 W 20 AVE City: H IALEAH State: FL Zip: 33014 FOB Terms: DEST-P Delivery: Payment NET14 Terms: Toll Phone: 800-5571667 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address RANDY GARCIA 305-5571667 800-5571667 305-8249211 RANDY XPRESSBUY.COM 41. Vendor Name: ADVANCED FILING SYSTEMS INC DBA: FLORIDA OFFICE SYSTEMS FEIN: 650167601 Suffix: 02 Street: 1561 SW 68th Avenue City: Plantation State: FL Zip: 33317 FOB Terms: DEST-P Delivery: Payment NET14 Terms: Toll Phone: 877-7928226 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address David L Stoutamire 954-7928226 877-7928226 954-7922569 david@advancedfiling.com 42. Vendor Name: ABP AVENTURA INC DBA: RELAX THE BACK FEIN: 650789887 Suffix: 03 Street: 8751 NW 99TH STREET City: MEDLEY State: FL Zip: 33178 FOB Terms: DEST-P Page 21 Page 590 of 863 Bid No. RTQ-00439 Award Sheet Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Juan Gallo 786-3511648 - 305-6299312 juang@relaxtheback.net 43. Vendor Name: APRICOT OFFICE INTERIORS DBA: FEIN: 650962841 Suffix: 01 Street: 20401 NW 2ND AVE SUITE 300 City: MIAMI GARDENS State: FL Zip: 33169 FOB Terms: DEST-P Delivery: Payment NET14 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address BASIL M BERNARD 305-525-3700 - 305-517-3988 BASIL.BERNARD@APRICOTOS.COM 44. Vendor Name: NANCY REYNOLDS ASSOCIATES INC DBA: FEIN: 650986355 Suffix: 01 Street: 911 NE 5 AVE City: FT LAUDERDALE State: FL Zip: 33304 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Page 22 Page 591 of 863 Bid No. RTQ-00439 Award Sheet Contact Details Name Phone 1 Phone 2 Fax Email Address NANCY REYNOLDS 954-7611320 - 954-7613221 NANCY NANCYREYNOLDS.COM 45. Vendor Name: ALL RACK&SHELVING INC DBA: FEIN: 651064028 Suffix: 01 Street: 10930 SW 129 STREET City: MIAMI State: FL Zip: 33176 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address RON ROSSITER 305-7930358 - 305-2540880 allrackandshelving@gmail.com 46. Vendor Name: TJJA ARCHITECTS PA DBA: FEIN: 651078531 Suffix: 01 Street: 14 Westward Drive City: Miami Springs State: FL Zip: 33166 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address TODD J. JONAS 305-377-4808 - 305-377-4559 TJJA TJJA-ARCHITECTS.COM 47. Vendor Name: CAMILO HOLDINGS, LLC DBA: FEIN: 821716453 Suffix: 01 Street: 2333 Brickell Ave suite A-1 Page 23 Page 592 of 863 Bid No. RTQ-00439 Award Sheet City: Miami State: FL Zip: 33129 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Camilo Lopez III 305-2169425 - - Camiloiii@camiloholdings.com 48. Vendor Name: WRK LAB, INC DBA: FEIN: 832276706 Suffix: 01 Street: 3605 NW 115TH AVE City: DORAL State: FL Zip: 33178 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address DANIEL GARCIA 305-4008101 - - CASH-WL WRKLAB.COM 49. Vendor Name: MITY LITE INC. DBA: FEIN: 870652595 Suffix: 01 Street: 1301 West 400 North City: Orem State: UT Zip: 84057 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-6829421 Local Vendor: Certified Vendor Assigned Measures Page 24 Page 593 of 863 Bid No. RTQ-00439 Award Sheet SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Rhonda Dearing 801-2240589 800-6829421 801-2246191 Rhonda.Dearing@mityinc.com 50. Vendor Name: LAKESHORE EQUIPMENT COMPANY DBA: LAKESHORE LEARNING MATERIALS FEIN: 941525814 Suffix: 01 Street: 2695 E Dominguez St. City: Carson State: CA Zip: 90895 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Mariela Benavides 800-4215354 - 310-5377990 biddept@lakeshorelearning.com 51. Vendor Name: SUN NORTHWEST INC. DBA: FEIN: 943061546 Suffix: 02 Street: 350 26th Avenue#4 City: San Francisco State: CA Zip: 94121 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Steve P Elio oulos 415-2794914 - - snwcorp@aol.com 52. Vendor Name: EGAN VISUAL WEST INC. Page 25 Page 594 of 863 Bid No. RTQ-00439 Award Sheet DBA: FEIN: 953983808 Suffix: 01 Street: 222 W Mercahndise Mart PI City: Chicago State: IL Zip: 60654-1198 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-2632387 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Jamie No uchi 905-8512826 800-2632387 905-8513426 contracts@egan.com 53. Vendor Name: DIRTT ENVIRONMENTAL SOLUTIONS INC DBA: FEIN: 980443904 Suffix: 01 Street: 7303 30TH STREET City: CALGARY State: CA Zip: 12345 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JORGEA A GARCIA 305-336-9038 - - JGARCIA DIRTT.NET 54. Vendor Name: ARCONAS CORPORATION DBA: FEIN: 981365220 Suffix: 01 Street: 5700 Keaton Crescent City: Mississauga State: ON Zip: L5R3H5 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Page 26 Page 595 of 863 Bid No. RTQ-00439 Award Sheet Toll Phone: 800-3879496 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address Ray Vella 905-2724224 800-3879496 905-8977470 rvella@arconas.com 55. Vendor Name: DSI INDUSTRIES INC DBA: OFGO FEIN: FRN775947 Suffix: 01 Street: 115 CIDERMILL AVE City: CONCORD State: ON Zip: L4K4G5 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-3743375 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address NICOLE SHAMIR 905-6691357 800-3743375 905-6695564 nicole@ofgo.com SECTION #7—ITEMS AWARDED Details: See attached Roadmap Item# Description Qty Unit Price No Items Awarded $ SECTION #8—ADDITIONAL NOTES Insurance is required from all vendors who are or will be providing installation on Miami-Dade County properties. It is the User Department responsibility to make sure the Vendors are in compliance with the requested insurance. No exceptions) Error! Bookmark not defined. Page 27 Page 596 of 863 a a If �t �rr�t�> �SCIri�Ss1���i�Sir �s1{i tit �����14�����,£ r��j�yr112't ir{s II ri ii t�� ;£pl;+,r�»����ir� - � i i s i lain r��� �1 r � i1{ ���`lifi�tis I r a �r Sly {r ISS i t .. �£i};�iy?�yr1,ri�rCilr tlrl t� �i� Irt ���iil�I SS tyi "y� It v �'€tri(�4 -]• r, IN in s� ii��`f tslrlit Il IIS t i � it � n r�£r }j 1 t(i��r lt. rNEW it r I !y1 t��f:�ryq{�iit �!i�i�y i ( �'r ¢t'l S t� sq �,�tt� {iS�ss �siti )s y _ � � r — � ti 11111 is{r��i{�tl) 1\! S aMIM �i s !{Y�tr2! }St `'•ri( r s is r rtsS; iA } s b E°�a r SI1s y�i� i is Ill tib !�S'{Nil ills, ��E�� �a �4� 'j�ts4�ii h }S�) �s��t�si (k t 'r}{iviljj(s���1 a m � � � �S I��r��c t tlr(�r ISt "'i z a�°�''� .�� a z E� D �!` �5\r}�5�� Isamu s z g o (� m�'t r islt Jill r \ i Mimic I� Sr �� s11 t {r��r�trlr S tsf7 a a W�£1;�} r 7, is til tti h1Y i. i 110 12 lif f i + �II 'tsfi t �( �� �. dim U It tt1((( t l(`i 2�t(£�i ii v° �1 Ell y } h � s E a a zo z z CL m E r c z z z z o m m m m 0 z z ; cMo y o rn a LO qo z m'z >m m - a 12 �a 0 0 U a ? V J J _ � a � a � � a R.w U - 71 g a a O a E w a a kit D O 00P.'.0 00 00 0000 o Ei 2 o U E E E E'.E E E E E'.E E E E �. £ £ £ m m U Y w g o 3 3 y F > ;� m 3 3 3 Y.3 3 3 3 3:4 3 3 3 X W. Q. 2 2 2 Q.1 U F,❑ W T J J��:Z 2 Q: Y E m €U m � W CL m E "a z z I o m 0 rn O -,F.F IF 666664— 52 20 z Z M 8 8 z Q Q z ta 76 e E 0 22 2"2 E �2 ct 4. si E N. P z z z z ------------------------ ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------ ------------------------- ------------------------- --------------------- ------------------------ ------------------------ ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------- ------------------------ --------.. ... --------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ------------------- ------------------ --------------------- ------------------ ----------------------- ---------------------- ----------------------- ----------------------- ---------------------- ----------------------- ---------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ------------------ ------------------ ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ----------------------- ---------------------- ----------------------- ----------------------- ----------------------- -------------- -------------- -------------- -------------- -------------- ------------ ---------- ----------- ---------- 'i..... Ilnlilll�lll��lii�l■I�f l �I Z - Jill! CL zoZ-� z rn Sr z 011 oil os i 9 9 9 0� 1182 a a CL MN N NN H ............. j (, 3 20 ls:P)o 11 9999 999 Eeeeeeeeeee eee � e `�� � r�rft�3'S� 5 ww w w w w w w w ww www m�o'33 aa������i-3� u e e e eee e e e e e e e e d ' } ,'�. s �m aaaaaaaaaaamaaaaaaaaa0000000000000wa € �-`1'' 4 ' I ,I �- ;i:u:u°.�s"�oa�"n t 4 j f t S a a z z z' roi y 5 r t S ,ts r t r r: r y, z z° z z �z-� z°O� z zr (,?F r t m �; z z z z.. i z cr .� a N go o z z Z I lk9 1 £ i rr, w t a a o o o tt N y ui� ¢rte A l i{ m m mo 1Oaa a rr d E ' o 0 o m-a -a o m a o 9 r� f t ;r' srrrf: NA, r. o xty i 3 o ci r rr �rR o a a , �owRpm} t tr;t f,\Y AE a t{ fs � rf' cwf t - 1 m O d G Im }- to ;- s` - I --! » �. S. � I� N Ito No IN � t ss rs+ z Ips t: t tr l2 F ft o $ OUR}r i r s <>1r MIAMI-DADE COUNTY BLANKET PURCHASE ORDER ------------------------------------------------------------------------------ BPO ID: ABCW1800272 PRINT DATE: 02/11/2020 PAGE: 02 ------------------------------------------------------------------------------ ** UPDATED/REVISED BPO ** PRE-QUALIFIED VENDORS FOR MULTI-VENDOR BPO VENDOR ID SFX VENDOR NAME DISCOUNT TERMS 390874653 01 BAY VIEW INDUSTRIES INC NET30 391375589 03 KRUEGER INTERNATIONAL INC NET30 421295118 01 MAXON FURNITURE INC NET30 421491474 02 HON COMPANY LLC NET30 460472211 01 SPECTRIM BUILDING PRODUCTS LLC NET30 481275111 01 OFFISTATION INC NET30 520953534 02 GLOBAL INDUSTRIES INC NET30 520953534 03 GLOBAL INDUSTRIES INC NET30 560986683 01 PATTERSON POPE INC NET30 561171971 01 DAR RAN FURNITURE INDUSTRIES INC NET30 562137177 01 TROUTMAN CHAIR COMPANY LLC NET30 581877256 01 LIBRARY INTERIORS OF FLORIDA INC NET30 591423861 02 PRADERE MANUFACTURING CORP NET30 591566453 01 NEWTON SEATING COMPANY INC NET30 591752369 01. HUGH ROBINSON INC NET30 591851050 02 BERWIN INC NET30 592167018 01 PRISON REHAB INDUSTRIES & DIV ENTERP INC NET30 592524876 02 GALLOWAY OFFICE SUPPLIES INC NET30 1592954122 01. R GEORGE & ASSOCIATES INC NET30 593265072 01 SSE &F ASSOCIATE -----A 630577594 01 NATIONAL OFFICE FURNITURE INC NET30 650025931 01 OFFICE DIMENSIONS INC NET14 650085768 01 OFFICE EXPRESS SUPPLIES INC NET14 650167601 02 ADVANCED FILING SYSTEMS INC NET14 650789887 03 ABP AVENTURA INC NET30 650962841 01 APRICOT OFFICE INTERIORS NET14 650986355 01 NANCY REYNOLDS ASSOCIATES INC NET30 651064028 01 ALL RACK & SHELVING INC NET30 651078531 01 TJJA ARCHITECTS PA NET30 821.716453 01 CAMILO HOLDINGS LLC NET30. 832276706 01 WRK LAB INC NET30 870652595 01 MITY LITE INC NET30 941525814 01 LAKESHORE EQUIPMENT COMPANY NET30 943061546 02 SUN NORTHWEST INC. NET30 953983808 01 EGAN VISUAL WEST INC NET30 980443904 01 DIRTT ENVIRONMENTAL SOLUTIONS INC NET30 981365220 01 ARCONAS CORPORATION NET30 ITEM COMMODITY ID U/M UNIT COST 001 420-84 LO SCHOOLROOM FURNITURE, METAL: CABINETS, CHAIRS, DE Page 606 of 863 Bid No. RTQ-00439 Award Sheet FEIN: 592524876 Suffix: 02 Street: 10201 NW 21 ST STREET City: MIAMI State: FL Zip: 33172 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: - Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address JIM TOURAL 305-591-1616 - 305-591-5655 JIM@GALLOWAYOFFICESUPPLY.COM 7DBA: Name: R GEORGE &ASSOCIATES INC 592954122 01 945 ISLAND GROVE DRIVE City: DELAND State: FL Zip: 32724 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 866-235-6960 Local Vendor: Certified Vendor Assigned Measures SBE: Set Aside: Bid Pref.: Micro Ent. : Selection Factor: Goal: Other: Vendor Record Verified? Contact Details Name Phone 1 Phone 2 Fax Email Address AARON KEMBLE 561498-9810 866-235-6960 561498-0720 INFO RGEORGE.COM 37. Vendor Name: SSE&ASSOCIATES INC DBA: SOUTHEASTERN SURFACES& EQUIPMENT FEIN: 593265072 Suffix: 01 Street: 569 CANAL STREET City: NEW SMYRNA BEACH State: FL Zip: 32168 FOB Terms: DEST-P Delivery: Payment NET30 Terms: Toll Phone: 800-6448875 Page 19 Page 607 of 863 zo zo llz ISI 011 CL m zo ZE m .1 Z m rn z IN cc 00 00 o z Iq 'I q 53 R 14 9 9 ol lo i 1 3 3 6 m o. po i5 o lo m 6 lo z 2 2 2 2 ml Im E 1,E o E�E E lo I T 21,1513 M,0 OO E E 0 i o I E l Vendor: INTERIOR CONTRACT SERVICES FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-2343039 Contact: Kawaguchi, Anthony Title: sales Street Address: 3939 N JOHN YOUNG PKWY ORLANDO FL 328043233 Phone Number: 407-294-4141 Toll Free Number: Fax Number: Email Address: sales(a).interiorcontract.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 609 of 863 t` Vendor: A to Z Furnishings Inc. State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 59-3681127 Contact: Michael Patrick Title: Street Address: 3359 Copter Rd # 8 Pensacola, FL 32514 Phone Number: 850-479-2628 Toll Free Number: Fax Number: 850-479-4453 Email Address: mikepatl(a)aol.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 610 of 863 l Vendor: Alabama Contract Sales FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 63-0743909 Contact: Debra Moore Title: Street Address: 507 Stage Rd Auburn, AL 36830 Phone Number: (334) 821-4500 Toll Free Number: Fax Number: (334) 821-4561 Email Address: sales(a).alabamacontractsales.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 611 of 863 l Vendor: Beaux Art Group FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified/Non-FVBE Vendor FEIN: 59-3547716 Contact: Daniel Morter Title: Street Address: 8507 Benjamin Road Tampa FL 33634 Phone Number: 813-229-7334 Toll Free Number: Fax Number: (813) 880-8686 Email Address: INFOTAMPAgBEAUXARTSGROUP.COM Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 612 of 863 l Vendor: Beaux Art Group FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified / Non-FVBE Vendor FEIN: 59-3547716 Contact: Daniel Morter Title: Street Address: 4750 New Board Street Orlando FL 32814 Phone Number: 407-302-0092 Toll Free Number: Fax Number: Email Address: INFOORLANDOPBE:AUXARTSGROUP.COM WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 613 of 863 l Vendor: Beaux Art Group FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified / Non-FVBE Vendor FEIN: 59-3547716 Contact: Daniel Morter Title: Street Address: 12550 Professional Park 7—orTmeyers FL 33'J-13 Phone Number: (239) 280-1399 Toll Free Number: Fax Number: Email Address: INFOFTMYE:RSPBE:AUXARTSGROURCOM Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 614 of 863 l Vendor: AOE of Florida Inc dba BOS Orlando State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 47-5547423 Contact: Olga Pagan Title: Street Address: 200 Technology Park, Lake Mary, FL 32746 Lake Mary, FL 32746 Phone Number: 407-805-9911 Toll Free Number: 877.267.0267 Fax Number: Email Address: infobos.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 615 of 863 I F Vendor: Capital Office Funiture FL Minority Business Designation: Non-Minority/Non-Woman-Owned/Non-FVBE Vendor FEIN: Contact: Mark Smith Title: Street Address: 1038 Arlington St Orlando FL 32805 Phone Number: 321-325-1603 Toll Free Number: Fax Number: Email Address: scott(a)floridadesks.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry(_ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 616 of 863 l Vendor: Commercial Design Services FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-2925127 Contact: Reichert, Brandon Title: General Manager Street Address: 640 Douglas Ave., Suite 1514 Altamonte Springs, FL 32714 Phone Number: 407.774.4832 Toll Free Number: Fax Number: Email Address: mmillergcdstampa.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 617 of 863 l Vendor: Commercial Design Services FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-2925127 Contact: Reichert, Brandon Title: General Manager Street Address: 5805 Barry Road Tampa FL 33634 Phone Number: 813.886.0580 Toll Free Number: Fax Number: Email Address: mmillergcdstampa.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 618 of 863 l Vendor: Contract Furniture, Inc. FL Minority Business Designation: Non-Minority/Woman-Owned, Certified / Non-FVBE Vendor FEIN: 59-3542266 Contact: Darla Vegenski Title: CEO Street Address: 4450 E Adamo Dr Ste 506 Tampa, FL 33605 Phone Number: 813-247-6622 Toll Free Number: Fax Number: Email Address: infoffcontractfurniturefl.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 619 of 863 l Vendor: Contract Office Solutions FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified / Non-FVBE Vendor FEIN: 11-3833372 Contact: Pearce, Paola Title: President Street Address: 2425 Larkins Street Pensacola FL 32514 Phone Number: (850)477-2340 Toll Free Number: Fax Number: Email Address: info contractofficesolutions.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 620 of 863 l Vendor: Contract Resources/Arte Ditta, Inc. FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified / Non-FVBE Vendor FEIN: 59-3030197 Contact: Johnson, Dennis Title: Vice President Street Address: 30 East Cedar Street Pensacola FL 32583 Phone Number: (850)469-1272 Toll Free Number: Fax Number: Email Address: diohnson@contract-resources.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 621 of 863 l Vendor: Corporate Interiors Inc. FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / FVBE Certified Vendor FEIN: 26-3411087 Contact: Marshall,James Title: President Street Address: 12115 28th Street North St. Petersburg, FL 33716 Phone Number: (727) 539-7544 Toll Free Number: 1 800 500-6624 Fax Number: Email Address: dmarshallgthe-cigroup.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 622 of 863 l Vendor: Emerald Coast Office Products FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 82-5448218 Contact: JOHNSON, MICHAEL Title: President Street Address: 4315 Gulf Breeze Pkwy. Gulf Breeze Florida 32563 Phone Number: 850-677-8455 Toll Free Number: Fax Number: 850-677-8453 Email Address: mikepecop.biz Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 623 of 863 l Vendor: Empire Office Equipment FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 13-1945763 Contact: Binkowski,Jay Title: VIP Sales Street Address: 1000 N Ashley Drive Tampa FL 33602 Phone Number: 813-543-5050 Toll Free Number: Fax Number: Email Address: msykes(a_empireoffice.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 624 of 863 l Vendor: Ernie Morris Enterprises State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 59-3044992 Contact: MORRIS, RONALD Title: PRESIDENT Street Address: 232 N Main Street Bushnell, FL 33513 Phone Number: (352) 793-2745 Toll Free Number: Fax Number: Email Address: salesteamgerniemorris.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 625 of 863 l Vendor: FCI Furniture Consultants FL Minority Business Designation: Vendor FEIN: 30-6017149 Contact: Joy Longhino Vice President of Sales, Title: Florida Street Address: 2750 NW 3rd Avenue Miami, FL 33127 Phone Number: 305.856.2220 Toll Free Number: Fax Number: 305.856.2660 Email Address: Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 626 of 863 l Vendor: Florida Business Interiors/AOE of Florida, Inc FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 45-4248465 Contact: Diane Casey Title: Senior Project Coordinator Street Address: 1600 E 8TH AVE STE C201 Tampa FL 33605 Phone Number: 813-549-7310 Toll Free Number: Fax Number: Email Address: DCaseyQfbitampa.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 627 of 863 l Vendor: FOSTER BUSINESS INTERIORS INC FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified / Non-FVBE Vendor FEIN: 58-1987841 Contact: Sheila Waldner Title: President Street Address: 1237 PROSPECT PROMENADE PANAMA CITY BEACH FL 32413 Phone Number: 850-234-5772 Toll Free Number: Fax Number: Email Address: sheilagfosterinteriors.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 628 of 863 l Vendor: FPS Office Solutions, LLC FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 27-1866435 Contact: Ford Schick Title: President Street Address: 535 24TH ST WEST PALM BEACH FL 83413 Phone Number: 561-833-7997 Toll Free Number: Fax Number: Email Address: SU E PTYLAN DE:R.COM Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 629 of 863 l Vendor: Frontline Suppy State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / FVBE Non Certified Vendor FEIN: Contact: William Dudley Title: President and COO Street Address: 280 SAINT JOHNS GOLF DR SAINT AUGUSTINE FL 32092 Phone Number: 904-477-8713 Toll Free Number: Fax Number: Email Address: williamdudleygoutlook.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 630 of 863 l Vendor: HM WORKPLACE RESOURCE FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 65-0799515 Contact: Kevin Baker Title: Vice President and general manager Street Address: 3801 SUGAR PALM DR TAMPA FL 33619 Phone Number: 813-620-0048 Toll Free Number: Fax Number: Email Address: Kevin Daker(a).hermanmiller.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: Igrder.entrygki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 631 of 863 l Vendor: HOLMES & BRAKEL BUSINESS African-American, Non-Certified / Non-Woman-Owned / FL Minority Business Designation: Non-FVBE Vendor FEIN: 59-3477771 Contact: Mikae Gaetanos Title: Street Address: 8933 WESTERN WAY SUITE 2 JACKSONVILLE FL 32256 Phone Number: 904-538-9883 Toll Free Number: 800-883-6868 Fax Number: Email Address: mgaetanosQhoImes brake 1.com NNW Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 632 of 863 l Vendor: Holmes & Brakel International African-American, Non-Certified / Non-Woman-Owned / FL Minority Business Designation: Non-FVBE Vendor FEIN: 59-3477771 Contact: Larry Aziz Title: Street Address: 3901 Coconut Palm Drive Suite 102 Tampa, FL 33619 Phone Number: Toll Free Number: 800-883-6868 Fax Number: Email Address: laziz(a)hoImes brake 1.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry(�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 633 of 863 l Vendor: INNERSPAICE ARCHITECTURAL INTERIORS FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 26-3853301 Contact: Vaughn,James Title: Managing Member Street Address: 139 SE EGLIN PKWY FORT WALTON BEACH FL 32548 Phone Number: 850-664-1249 Toll Free Number: Fax Number: Email Address: ivaughn(a)innerspaice.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 634 of 863 l Vendor: INTEGRATED FACILITY SYSTEMS FL Minority Business Designation: Non-Minority/Woman-Owned, Certified / Non-FVBE Vendor FEIN: 59-3522598 Contact: Kelly Kearney Title: Owner, CFO Street Address: 318 N MONROE ST TALLAHASSEE FL 32301 Phone Number: 850-536-0888 Toll Free Number: Fax Number: Email Address: info@ifsbi.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 635 of 863 l Vendor: Interior Fusion LLC FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / FVBE Certified Vendor FEIN: 26-3651762 Contact: Fendley, Richard Title: President Street Address: 8380 Bay Pines Blvd St. Petersburg FL 33709 Phone Number: 727-490-2320 Toll Free Number: 800-705-6516 Fax Number: Email Address: rfendleyC_ifsdv.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 636 of 863 l Vendor: M HANSON & COMPANY State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 65-0431135 Contact: Mosley,Jane Title: Sales Street Address: 501 N.Andrews Ave. Ft. Lauderdale, FL 33301 Phone Number: (954) 630-1500 Toll Free Number: Fax Number: (954) 630-1555 Email Address: mhansonco.com NNW Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 637 of 863 l Vendor: METEOR EDUCATION LLC FL Minority Business Designation: Other Non-Profit/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 26-3476027 Contact: Sebzda, Cindy Title: Controller Street Address: 690 NE 23RD AVE GAINESVILLE FL 32609 Phone Number: 352-373-7516 Toll Free Number: (800) 699-7516 Fax Number: Email Address: orders(a�meteoreducation.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 638 of 863 O Vendor: My Office Products Non-Minority/Woman-Owned, Non-Certified / Non- FL Minority Business Designation: FVBE Vendor FEIN: Contact: Tony Landers Title: Account Manager Street Address: 121 Kelsey Lane Tampa FL 33619 Phone Number: 3125413816 Toll Free Number: Fax Number: Email Address: tone.landersgmyofficeproducts.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryQki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 639 of 863 l Vendor: OEC BUSINESS INTERIORS INC State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 59-2866517 Contact: David Salter Title: Sales Street Address: 1601 NW 80TH BLVD GAINESVILLE FL 326069140 Phone Number: 352-332-1192 Toll Free Number: Fax Number: (352) 333-8002 Email Address: orders goec-fl.com NNW Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 640 of 863 l Vendor: OEC BUSINESS INTERIORS INC State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 59-2866517 Contact: Stephanie, Eby Title: Sales Admin Man Street Address: 1925 SW 18th Ct., Ste. 105 Ocala, Florida 34471 Phone Number: (352) 620-2888 Toll Free Number: Fax Number: (352) 620-2891 Email Address: sebVQoec-fl.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 641 of 863 l Vendor: OFFICE CONCEPTS & FURNITURE FL Minority Business Designation: Non-Minority/Woman-Owned, Non-Certified / Non-FVBE Vendor FEIN: Contact: JOE SOUTHERLAND Title: SECRETARY Street Address: 118 A NW 8th Ave Gainesville Florida 32601 Phone Number: (352) 372-9500 Toll Free Number: Fax Number: Email Address: OFFICE:CONCE:PTS(o)ATT.NE:T WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry(�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 642 of 863 l Vendor: OFFICE ENVIRONMENTS & SERVICES State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 59-0702086 Contact: DIANE ADAMS Title: CFO Street Address: 1524 SAN MARCO BLVD JACKSONVILLE FL 32207 Phone Number: 904-398-9761 Toll Free Number: Fax Number: Email Address: infooesjax.com NNW Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 643 of 863 l Vendor: Office Environments State of Florida Small Business Designation / Non-Woman- FL Minority Business Designation: Owned / Non-FVBE Vendor FEIN: 63-1196513 Contact: Jennifer Cook Title: Street Address: 111 S De Villiers St Ste C, Pensacola, FL 32502 Phone Number: 850-434-1165 Toll Free Number: Fax Number: Email Address: icookQofficenvironments.com WIN a Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 644 of 863 l Vendor: OFFICE EQUIPMENT COMPANY Native American, Non-Certified / Non-Woman-Owned/ Non FL Minority Business Designation: FVBE Vendor FEIN: 63-0650162 Contact: Brenda Huggins Title: Sales Manager Street Address: 104 E 165 SERVICE RD N MOBILE AL 36607 Phone Number: 251-471-3368 Toll Free Number: 800.759.3368 Fax Number: 251.471.0019 Email Address: bhuggins(a)-oecbi.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entryC�ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 645 of 863 l Vendor: OFFICE FURNITURE DEPOT FL Minority Business Designation: Non-Minority/Woman-Owned, Certified / Non-FVBE Vendor FEIN: 59-3419128 Contact: Boles, Joanne Title: CEO Street Address: 2440 US HGWY 98 N LAKELAND FL 33805 Phone Number: 863-682-3450 Toll Free Number: Fax Number: 863-683-9591 Email Address: i.boles(o)officefurnituredepot.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 646 of 863 l Vendor: PATTERSON POPE INC FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 56-0986683 Contact: Victoria Campbell Title: Street Address: 1150 Emma Oaks Trl Ste 120 Lake Mary, FL 32746 Phone Number: (407) 328-0688 Toll Free Number: (800)432-6230 Fax Number: Email Address: salesflgpattersonpope.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.com Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 647 of 863 l Vendor: PERDUE OFFICE INTERIORS FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-2347840 Contact: Alan Himmelreich Title: Street Address: 5 W Forsyth St Ste 100 Jacksonville, FL 32202 Phone Number: 904-737-5858 Toll Free Number: 800-732-5857 Fax Number: Email Address: infop_perdueoffice.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 648 of 863 l Vendor: R GEORGE &ASSOCIATES INC FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-2954122 Contact: Mary Bickel Title: Street Address: PO BOX 2854 DELAND FL 32721 Phone Number: 386-736-2326 Toll Free Number: Fax Number: (386) 736-3706 Email Address: info@rgeor e.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 649 of 863 l Vendor: R GEORGE &ASSOCIATES INC FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-2954122 Contact: Mary Bickel Title: Street Address: 1087 SW 27th Place Boynton Beach, FL 33426 Phone Number: (561)441-4922 Toll Free Number: Fax Number: Email Address: aaron@rgeorge.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 650 of 863 l Vendor: Workscapes Inc. FL Minority Business Designation: Vendor FEIN: 59-3303347 Contact: Title: Street Address: 1173 North Orange Ave Orlando FL 32804 Phone Number: 407-599-6770 Toll Free Number: Fax Number: Email Address: 407-599-6770 Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 651 of 863 l Vendor: Workplace Solutions FL Minority Business Designation: Non-Minority/Woman-Owned, Certified / Non-FVBE Vendor FEIN: 59-3328859 Contact: Royal, Stephanie Title: President Street Address: 3733 University Blvd. Jacksonville FL 32224 Phone Number: 904-997-8878 Toll Free Number: Fax Number: Email Address: sroyal2workplace.corn Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 652 of 863 l Vendor: US Business Products FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 63-0968272 Contact: Ruthie Davidson Title: Street Address: 3860 Napier Field Road Uothan AL 366U4 Phone Number: 334-983-8735 Toll Free Number: Fax Number: Email Address: ruthie�i.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 653 of 863 l Vendor: Suddath Office Solutions FL Minority Business Designation: Non-Minority/ Non-Woman-Owned / Non-FVBE Vendor FEIN: 59-1786274 Contact: Kevin Jackson Title: Street Address: 8743 Western Way Jacksonville, FL 32256 Phone Number: 904-222-8549 Toll Free Number: Fax Number: Email Address: kiacksongsuddath.com Customers should direct orders to: KI- c/o Servicing Dealer State of FL Vendor Number: Mailing Address: 1330 Bellevue Street Green Bay WI 54302 Phone Number: 920-468-8100 Toll Free Number: 800-454-9796 Ordering Fax Number: 1-920-468-2264 Email Address: order.entry2ki.corn Remit Address: PO Box 204576 Dallas TX 75320-4576 Page 654 of 863 Contact Information and Terms and Conditions-23109 Furniture,All Types(except Hospital Room and Patient Handling)(Statewide) Contractor Name: Krueger International,Inc Manufacturer's Product Line(s): Seating,Desking,Tables,Files,Lounge,Residence Hall,Library Categories Offered from Matrix: FLORIDA State Contract#:56120000-19-ACS 56120000-19-ACS FEIN/TIN: 139-1375589 NYS Vendor lD#: Minority or Women Owned Business Eneterprise(M/WBE): No Service Disabled Veteran Owned Business(SDVOB): No NYS Small Business: No Main Contact: jAndy Van Straten Phone: 800-454-9796 Ext 2394 Email: andy.van..straten@ki.com For Orders: Lori Lardinois Phone: 800-454-9796 Ext.2366 Email: order.entry@ki com Website: ki com Prompt Payment Discount: No Enter Discount Ranges. Add additional c Discount off list price Are Volume Discounts Volume Discount Volume Discount Volume Discount Price List Name&Date (required) Offered? $XXX-$XXX $XXXX-$XXXX $XXXXX-$XXXXX 700 Series Desking June 19,2019 55.0% No 700 Series Files&Storage May 30,2019 Pedestals 55.0% No Bookcases,Cabinets&Laterals 50.0% No Accessories July 3,2019 55.0% No Affina Collection July 19,2019 52.0% No All Terrain Files&Storage May 24,2019 52.0% No Aristotle July 24,2019 50.0% No Backbone Media Platform May 15,2019 50.0% No Cafeway Cafeteria May 15,2019 52.0% No Calida Lounge April 26,2019 52.0% No Classroom Collections May 23,2019 Ivy League 90 50.0% No Intellect Wave Trapezoid&Tripod Desk 50.0% No Intellect Intellect Wave,Ivy League 50.0% No Instruct 55.0% No Classroom Tables&Chairs July 24,2019 Activity Tables 52.0% No Intellect Activity Tables 55.0% No Connection Zone July 24,2019 55.0% No Contract Tables June 5,2019 52.0% No includes:Athens,Barron,Enlite,Hurry Up,Inquire,Portico,Trek Crossroads Library Furniture April 24,2019 52.0% No Dante Casegoods April 24,2019 50.0% No Demountable Wall May 15,2019 includes:Genius Wall,Evoke and Lightline 55.0% No Doni Seating Collection July 11,2019 52.0% No Fixed Seating: Extol,Concerto,Lancaster Jan.1,2019 55.0% No Fixed Seating:a--,ty,sea.e....mry B—,Single Ped.Jan.1,2019 55.0% No Folding Chairs&Stools June 6,2019 100,300,600,700,Auditorium,Design,Front Row,Novite,Stools, 55.0% No Storage Folding Tables July 24,2019 No voluelite 51.0% No Uniframe Convertible Benches 52.0% No Uniframe Tables,Duralite 55.0% No Emissary,Heritage,Premier&Caddys 57.0% No FourC Seating April 24,2019 52.0% No Genesis Desking Jan.2,2019 52.0% No Katera Stack&Guest July 26,2019 50.0% No Learnt Seating April 24,2019 50.0% No Lobby&Lounge Seating May 1,2019 Arisso,Lyra,Selo 50.0% No Hub,Kury 52.0% No Tessa, Neeno,Soltice,TeaCup 55.0% No Multiple Seating April 24,2019 51.0% No GateOne,Grazie,Perth,Torsion,Soltice,Strive My Place Lounge May 29,2019 52.0% No My Way Lounge July 29,2019 52.0% No Occasional Tables July 26,2019 No Flex and Soltice 55.0% No C-Table 51.0% No Pillar Tables May 29,2019 52.0% No Pirouette Tables June 5,2019 52.00% No Powered Tables April 24,2019 No Activ8,Datalink,Flat Screen Garage,InTandem,Smartlift,Wharton 51.00% Worksurface Accessories 55.00% No Promenade Seating April 24,2019 51.00% No Page 655 of 863 Residence Hall (Roomscape) April 24,2019 50.00% No Ruckus Collection July 24,2019 52.00% No Serenade Conference Tables July 10,2019 52.00% No Silhouette Stack April 24,2019 55.00% No Soltice Metal Collection July 26,2019 52.00% No Stack&Guest Seating July 11,2019 Apply,Opt 51.00% No Aerdyn,Bantam,Grazie,Strive High Density,Strive Nesting,Versa 52.00% No Wood,Versa XL Maestro Uph.,Matrix Uph.,Silhouette,Strive Stack,Versa Basic,Xylon, 55.00% No 1000 Series Torsion,Torsion Air,Torsion on the Go,Versa Conference 57.00% No Perry 58.00% No Rapture 59.00% No 60.00% No Dorsal,Maestro Poly,Morix Poly,Piretti Stack,Versa Standard,Caddies Sway Lounge April 24,2019 52.00% No System3000 Panel July 24,2019 57.00% No Task Seating April 24,2019 Apply,Oath 51.00% No Altus,Avail,Grazie,Impress,Impress Ultra,Pilot,Torsion Air 52.00% No Sift,Strive,Torsion 55.00% No Tatoo Collection July 19,2019 50.00% No Toggle Tables June 26,2019 52.00% No Trellis System June 26,2019 55.00% No True Desking July 24,2019 55.00% No U Series Storage July 3,2019 50.00% No Unite System July 24,2019 55.00% No Universal Height Adj.Screens April 24,2019 52.00% No Voyant Seating April 24,2019 50.00% No Voz Guest Seating April 24,2019 50.00% No Wireworks Panel System April 24,2019 57.00% No WorkUp Adjustable Tables June 26,2019 50.00% No WorkZone Desking April 24,2019 55.00% No Authorized Resellers Yes Authorized Resellers are designated to receive payment directly? Yes Cal 133 Compliance: Yes Inside Delivery Cost as%of Final Price: Downstate Upstate 124.0% 112.0% Delivery(ARO): Seating 7-49 days Tables 7-91 days Classroom 42-49 days Desking 28-64 days Panel Workstations 28-64 days Storage 21-42 days Residence Hall 21-64 days Casegoods 42-56 days Lounge 28-64 days Minimum Order: $25.00 Will honor orders for less than the minimum order? Yes Contractorwill honor orders for less than the minimum order with the freight prepaid and added to the invoice? Yes Accepts NYS Procurement Card for orders not to exceed$15,000 Yes If no,what limit(s)for NYS Procurement Card? Additional Discounts for Procurement Card?(%): No Restocking Fee(%of net prig): 25% 100%case by case Manufacturer's Warranty: Files/Storage Lifetime.10 yrs.Drawer/door slides, Page 656 of 863 R. GEORGE & ASSOCIATES, INC. P.O. Box 2854❑Deland, Florida 32721-2854 ID(386)736-2326 TOIL FREE (866)833-3441 E FAX (386)736-3706 D EMAIL info@rgeorge.com TO: CITY OF BOYNTON BEACH QUOTE#: Q-19-182 ATTN:CRAIG CLARK DATE: 4/15/2020 PROJECT: BOYNTON BEACH PUBLIC LIBRARY We offer the following quotation for the aboveproject: Item oty Catalog# Description Unit Total AGATI PRICING PER MIAMI-DADE RTQ#00439 WOOD STAIN:MEDIUM CHERRY WOOD SPECIES: CHERRY ROOM#213 8 H-WS-R-4942 HAMPTON NOOK STARTER PLUG SET,LEFT FACE $5,571.76 $44,574.08 48-LF-PG-P STARTER,PLASTIC LAMINATE SURROUNDS,WORK SURFACE AND SIDE SHELF WITH PVC EDGE,AND BENCH WITH CUSHIONED SEAT AND BACK,METAL LEGS WITH CLEAR ANODIZED ALUMINUM FINISH.49W 42D 48H 19SH SURFACE AND SIDE SHELF WITH PVC EDGE,AND BENCH SURFACE MOUNT POWER POP UP-*1 POWER OUTLET 2 USB OUTLETS FINISH ANODIZED ALUMINUM.PLU SET WITH 4 OUTLET POWER STRIP HPL TOP:WILSONART BRONZE LEGACY 4656-60 3MM PVC EDGE:REHAU CP20044 FAUX LEATHER SEAT&BACK:MAYER CARESSA CA-064 TOTAL DELIVERED&INSTALLED PRICE $44,574.08 INCLUSIVE OF APPROVED DISCOUNT 45%+15%INSTALLATION BY:AARON KEMBLE NOW ACCEPTING PURCHASE CARD,VISA,OR MASTERCARD. PLEASE ADVISE UPON PLACING ORDER. Page 657 of 863 8.A. PUBLIC HEARING 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Ordinance No. 20-002 - Second Reading -Approving the Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. Applicant: Bonnie Miskel, Esq., of Dunay, Miskel and Bachman, LLP. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the FLUM amendment that changed the classification from DRI to Mixed Use Low(MXL). In a follow-up to this city-initiated action, the applicant submitted a request for rezoning of the mall from the current C-3 Community Commercial district to the SMU, Suburban Mixed Use district. It should be noted that the SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. The Pine Preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, is not included in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational (REC) zoning. It is, however, a part of the Master Plan for the Mall, submitted concurrently with the rezoning application. The Planning & Development Board reviewed this request at its December 9th meeting and recommended it for approval. How will this affect city programs or services? No significant impact on either programs or services Fiscal Impact: None at this time, but the future redevelopment of the Mall will contribute to the City's tax base. Alternatives: None recommended Strategic Plan: Page 658 of 863 Strategic Plan Application: The subject item is located within an area subject to a planning study identified to be completed under Strategic Plan Project 2.6.1. Subject application represents a key component within the future Congress Avenue Corridor (Mall) District. Climate Action: No Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Ordinance Ordinance approving Boynton Mall Rezoning Staff Report Staff report Location Map EHIBITAI, BB MALL Ownership Location Map E HIBITA2. BB KAALLAerial Location Map EXHIBIT B. BB MALL Current FLU Location Map EXHIBIT C. BB MALL Current Zoning Location Map EXHIBIT D. BB MALL Proposed Zoning Page 659 of 863 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 7 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 8 SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the property owner has made application to rezone land, said land being 13 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 14 MIXED USE(SMU); and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from 25 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 26 attached hereto as Exhibit "A" and made a part of this Ordinance by reference. Legal 27 Description: 28 29 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 30 COUNTY OF PALM BEACH,FLORIDA,AND FURTHER DESCRIBED AS FOLLOWS: 31 32 A TRACT OF LAND LOCATED IN SECTION 19,TOWNSHIP 45 SOUTH,RANGE 43 EAST, 33 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 34 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 35 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 36 DISTANCE OF 1898.10 FEET TO A POINT;THENCE S.89°00'21"W.,A DISTANCE OF 60.00 37 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 38 DESCRIPTION: THENCE S.88°05'26"W., A DISTANCE OF 846.73 FEET TO A POINT; 39 THENCE S.43032'54"W.,A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0059'39"E., 40 A DISTANCE OF 258.27 FEET TO A POINT;THENCE S16°46'44"E.,A DISTANCE OF 199.60 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 660 of 863 41 FEET TO A POINT, THENCE S.0°59'39"E., A DISTANCE OF 102.20 FEET TO A POINT; 42 THENCE S.44046'34"E, A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY 43 LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE 44 N.89046'34"W.,ALONG SAID NORTHERLY LINE,A DISTANCE OF 1684.28 FEET TO THE 45 POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE 46 N.0°51'51"W.,ALONG SAID EASTERLY LINE,A DISTANCE OF 1228.05 FEET TO A POINT; 47 THENCE S.87058'2I"W.,A DISTANCE OF 20.01 FEET TO A POINT;THENCE N.0°51'51"W., 48 A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87058'21'E.,A DISTANCE OF 55.65 49 FEET TO A POINT; THENCE N.25014'17"E., A DISTANCE OF 362.64 FEET TO A POINT; 50 THENCE N.0053'26"W.,A DISTANCE OF 362.94 FEET TO A POINT;THENCE N.32013'52"E., 51 A DISTANCE OF 315.12 FEET TO A POINT;THENCE N.000 1'27"E.,A DISTANCE OF 244.69 52 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON CANAL; 53 THENCE N.88005'26"E., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 54 1801.04 FEET TO A POINT; THENCE S.0059'39"E, A DISTANCE OF 472.86 FEET TO A 55 POINT; THENCE N.88005'26"E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 56 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0059'39"E., ALONG SAID 57 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.46027'06'W., A 58 DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88005'26"W., A DISTANCE OF 430.00 59 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 609.99 FEET TO A POINT; 60 THENCE N.88005'26"E.,A DISTANCE OF 430.00 FEET TO A POINT;THENCE N.43032'54"E., 61 A DISTANCE OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS 62 AVENUE;THENCE S.0059'39"E.,ALONG SAID WESTERLY LINE,A DISTANCE OF 170.01 63 FEET TO A POINT; THENCE N.46027'06"W., A DISTANCE OF 56.11 FEET TO A POINT; 64 THENCE S.88005'26"W.,A DISTANCE OF 608.00 FEET TO A POINT;THENCE S.0059'39"E., 65 A DISTANCE OF 230.00 FEET TO A POINT;THENCE N.88005'26"E.,A DISTANCE OF 340.00 66 FEET TO A POINT; THENCE S.0059'39"E., A DISTANCE OF 150.00 FEET TO A POINT; 67 THENCE S.88005'26"W,A DISTANCE OF 340.00 FEET TO A POINT;THENCE S.0059'3911E., 68 A DISTANCE OF 229.99 FEET TO A POINT;THENCE N.8800512611E.,A DISTANCE OF 608.00 69 FEET TO A POINT; THENCE N.4303215411E, A DISTANCE OF 57.02 FEET TO A POINT ON 70 THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.005913911E, ALONG SAID 71 WESTERLY LINE,A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE 72 OF BEGINNING. 73 74 CONTAINING 4,796,896 SQUARE FEET, 110.121 ACRES,MORE OR LESS. 75 SUBJECT TO EASEMENTS,RESERVATIONS,AND/OR RIGHTS-OF-WAY OF RECORD. 76 77 78 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 79 accordingly. 80 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 81 Section 5. Should any section or provision of this Ordinance or any portion thereof be 82 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 83 remainder of this Ordinance. 84 Section 6. This ordinance shall become effective immediately upon passage. 85 FIRST READING this day of 2020. S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 661 of 863 86 SECOND, FINAL READING and PASSAGE this day of , 2020. 87 CITY OF BOYNTON BEACH, FLORIDA 88 YES NO 89 90 Mayor— Steven B. Grant 91 92 Vice Mayor—Justin Katz 93 94 Commissioner—Mack McCray 95 96 Commissioner—Christina L. Romelus 97 98 Commissioner—Ty Penserga 99 100 VOTE 101 ATTEST: 102 103 104 105 106 Crystal Gibson, MMC 107 City Clerk 108 109 110 111 (Corporate Seal) S:\CA\Ordinances\Planning\Rezoning\Boynton Mall-Rezone-Ordinance.docx Page 662 of 863 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-030 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: November 25, 2019 PROJECT: Boynton Beach Mall Rezoning (REZN 19-001) REQUEST: Approve Boynton Beach Mall Rezoning from C-3, Community Commercial, to SMU, Suburban Mixed Use. PROJECT DESCRIPTION Property Owners: Boynton Beach Mall, LLC (owned by Washington Prime Group, LLC)—four (4) parcels; remaining parcels owned by Macy's Florida Stores, LLC; Regional Enterprises, LLC; Dillard's, Inc.; Istar Florida 2015 Cinemas, LLC; and Christ Fellowship Church, Inc. (Exhibit "Al") Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, Land Planner, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (Exhibit "A2") Future Land Use Mixed Use Low (MXL) (Exhibit "B") Current Zoning: C-3, Community Commercial (Exhibit "C") Proposed Zoning SMU, Suburban Mixed Use (Exhibit "D") Acreage: +/- 108.30 acres Page 663 of 863 Page 2 Boynton Beach Mall REZN 19-001 Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south,Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of- way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low(MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L- 23 Canal and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. THE SITE The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has six owners. The four parcels that constitute the largest part of the area are owned by Washington Prime Group (Boynton Beach Mall LLC). Other property owners include Macy's Florida Stores, Regional Enterprises, Dillard's, Istar Florida 2015 Cinemas and Christ Fellowship Church. The Mall's main, single-story structure houses the anchor retail tenants of Macy's, Dillards and JCPenney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton Beach movie theater and Texas Roadhouse restaurant. The mall currently includes 1,074,939 sq. ft. GLA (gross leasable area) of retail and 79,500 sq.ft. GFA (gross floor area) of theater, for a total of 1,154,439 sq.ft.. 2 Page 664 of 863 Page 3 Boynton Beach Mall REZN 19-001 BACKGROUND AND REQUEST The Boynton Beach Mall was built as a Development of Regional Impact (DRI) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The Development Order for the DRI expired in 2012, but the Mall retained the DRI future land use category until April 16, 2019 adoption of the city-initiated FLUM amendment that changed the classification from DRI to Mixed Use Low (MXL). The action—undertaken in preparation for redevelopment of the Mall— did not include rezoning, expected to be applied for by a developer at a later date, concurrently with a master plan for the entire site. The pine preserve, a part of the Boynton Beach Mall LLC property located in the northwest area of the site, was not the included in the subject amendment. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational zoning (REC). The applicant submitted a request for rezoning from the current C-3 Community Commercial district to a SMU, Suburban Mixed Use district, and a five-phase Master Plan, which will guide redevelopment of the Mall. The Master Plan proposes a mix of uses including: • A maximum of 1,420 multi-family residential dwelling units; • A maximum of 400 hotel rooms; • Approximately 1,024,000 square feet of non-residential uses, comprising roughly: ■ 629,000 square feet of shopping center uses, ■ 123,000 square feet of existing Church use, ■ 20,000 square feet of fitness center use, ■ 10,000 square feet of restaurant use, ■ 65,000 square feet of general office, ■ 65,000 square feet of medical office, ■ 80,000 square foot existing theatre with 3,650 seats, and ■ 23.3 acres of Open Space Note that the Master Plan does include the approximately 7.4 acre Pine Preserve, although the latter is not a subject of rezoning. For more information on the Master Plan, see the corresponding staff report. REVIEW BASED ON CRITERIA The following analysis adresses all the criteria for review of Comprehensive Plan Map amendments and rezonings listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13.3 and Section 2.D.3. It should be noted that the requested zoning district of SMU is the only district corresponding to the MXL future land use classification for properties located west of Interstate 95, and hence the only option for the MXL-designated Mall. For that reason, the responses to the criteria below will parallel—when appropriate— those provided for the review of the earlier future land use amendment for the site. 3 Page 665 of 863 Page 4 Boynton Beach Mall REZN 19-001 a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. Criterion as intended is not applicable. The current C-3 zoning of the Mall is inconsistent with its new MXL future land use designation. As stated above, the SMU is the only zoning option for the MXL-classified site. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Consistency with the Comprehensive Plan was addressed in the staff's review of the future land use amendment to the MXL classification. To reiterate, the MXL classification and thus the proposed rezoning of the site to SMU, its only corresponding zoning district, is consistent with the intent of several Comprehensive Plan Future Land Use Element policies, including: Policy 1.3.1 d Mixed Use category shall provide for the vertical or horizontal mixing of land uses within a single site in order to allow development and redevelopment in specific geographic areas of the City that take maximum advantage of existing utility systems and services, and promote compact development, safe and pedestrian-friendly streets, and provide transportation choices. Policy 1.8.2 The City shall discourage urban sprawl by, A. Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible, and B. Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. For the analysis of the consistency of the Master Plan with the LDRs, see the corresponding sfaff report. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent 4 Page 666 of 863 Page 5 Boynton Beach Mall REZN 19-001 and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. As argued in staff's review for the FLUM amendment, the now approved MXL future land use is not contrary to the established land use pattern, nor did it create an isolated FLU classification. The land use pattern in adjacent and nearby areas is eclectic: it incorporates commercial uses of small and large retail (including Walmart), offices, a hotel (Courtyard by Mariott), as well as residential uses consisting of single-family, multi-family and mobile homes. Given that the subject site contains about 108 acres, the MXL and the proposed SMU zoning district can hardly be considered "isolated"; moreover, the MXL and SMU designations extend over an 80 acre area of Boynton Village community on the east side of North Congress Avenue. Finally, the MXL and its attendant SMU district will very likely be recommended for other areas of the Congress Avenue Corridor District—for example, MXL will eventually replace the DRI classification of Renaissance Commons, which already carries SMU zoning. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. The proposed SMU zoning district is intended to support a large mixed use project with uses complementary to those within the project as well as those in the surrounding areas. Interconnectivity is one of the top project design requirements. Visitors and residents willl have access to PalmTran bus service along Congress Avenue. For more information of the sustainability features proposed for the Master Plan, see the corresponding staff report. e. Availability of Public Services / Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department (see attached letter). So/id Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. 5 Page 667 of 863 Page 6 Boynton Beach Mall REZN 19-001 Trak. The traffic study has been submitted to the Palm Beach County Traffic Division. As underlined in the staff report for the Mall's FLUM amendment, the traffic impacts associated with the redevelopment of the propoperty are not expected to exceed the 3,306 PM Peak Hour trip cap established in the Boynton Beach Mall DRI Development Order for the approved 1,244,449 Sq. ft. Gross Leasable Area (GLA). Traffic generation associated with the uses proposed by the Master Plan was subject to the equivalency analysis. Schools. The School Capacity Availability Determination application has been submitted. f. Compatibility. The application shall consider the following factors to determine compatibility. (1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale, which is reasonably related to the needs of the neighborhood and the City as a whole. The response to criterion "f' parallels the response provided in review for the FLUM amendment: the proposed rezoning would be compatible with the current and future use of adjacent and nearby properties. See response to criterion "c." The redevelopment of the Mall will have a positive effect on property values of surrounding properties. (The incoming site plans will implement the Master Plan's measures aimed at mitigating potential negative impacts of the development on the single-family neighborhood to the west of the site.) While expanding the "Urban Village" model with its emphasis on walkability and public spaces from the east side of Congress Avenue to the west side, the proposed amendment will assure that the Congress Avenue Corridor continues to grow and thrive as the City's main commercial hub. It would benefit both the neighborhood and the City as a whole. g. Direct Economic Development Benefits. For rezoning/ FLUM amendments involving rezoning to a planned zoning district, the review shall consider the economic benefits of the proposed amendment, specifically, whether the proposal would: (1) Further implementation of the Economic Development (ED) Program,- (2) rogram,(2) Contribute to the enhancement and diversification of the City's tax base,- (3) ase,(3) Respond to the current market demand or community needs or provide services or retail choices not locally available,- (4) vailable,(4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, 6 Page 668 of 863 Page 7 Boynton Beach Mall REZN 19-001 (5) Represent innovative methods/technologies, especially those promoting sustainability; (6) Be complementary to existing uses, thus fostering synergy effects, and (7) Alleviate blight/economic obsolescence of the subject area. As affirmed in the staff's review of the FLUM amendment, redevelopment of the Boynton Beach Mall is supported by the City's Strategic Plan 2018-2022 and the 2016-2021 Economic Development Strategic Plan and therefore the requested rezoning meets criterion "g(1)". The ensuing project has also a potential to: • Enhance the City's tax base, reversing the downslide of the Mall's "legacy" properties' taxable value. (Between 2016 and 2017, the value of properties owned by Boynton Beach Mall LLC declined from $46,339,832 to $33,517,168.) • Replace the economically obsolete shopping center—enclosed mall—with a mixed use project driven by market demand and promoting sustainability through design attributes pertaining to energy saving, public realm development, alternative transportation etc. (criteria "g3", "g5", and "g7"); • Create/strengthen synergy of land uses on-site and within the Congress Avenue Corridor area as a whole (criterion "g6"). • Contribute to the net job growth and/or replace some lost low-wage retail positions with better employment opportunities (criterion "g4") if uses such as professional offices are eventually included. h. Commercial and Industrial Land Supply, The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions: (1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development, or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. The FLUM amendment and the proposed rezoning of the Mall can potentially reduce the amount of land available for commercial development since the MXL and SMU encourage a mix of residential and commercial uses. Inclusion of residential uses supports the "live, 7 Page 669 of 863 Page 8 Boynton Beach Mall REZN 19-001 work and play" motto embodying the lifestyle of the "Urban Village." As noted above in response to criterion "g", the amendment has a potential to deliver all listed benefits, meeting condition "h(2)." L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Not applicable: the proposed rezoning follows the approved FLUM amendment. Master Plan and Site Plan Compliance with Land Development Regulations. When master plan and site plan review are required pursuant to Section 2.D.1.e above, both shall comply with the requirements of the respective zoning district regulations of Chapter 3, Article 111 and the site development standards of Chapter 4. For the analysis of the Master Plan compliance with LDRs, see the corresponding staff report (MPMD 19-004). CONCLUSION/RECOMMENDATION The request under consideration consitutes the follow up to the city-initiated reclassification of the Mall to the Future Land Use of Mixed Use Low (MXL), approved on April 16, 2019. Given that the SMU district is the sole zoning district corresponding to the MXL classification in the subject location, staff recommends approval of the proposed rezoning. ATTACHMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\REZN 19-001 BB Mall Rezoning\BB Mall Rezoning REZN 19-001.docx 8 Page 670 of 863 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S 0 62 Owners other than Boynton Mall LLC . 25 250 3I 500 Fit EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t ��� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 Egpt EXHIBIT B BOYNTON BEACH MALL FLU SCLASSIFICATION 1 NO NEW t{ I t , � t z• , p �1 Mixed Use Low (MXL) rif / IIIIIIIIIIIII� t_ J \ tt. f 1 � � f r +jy E G >{ Y 4 t � I S5 4 , 1 r t } li! f_ jj( 4 tt LEGEND: FLU classifications MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre N MIXED USE LOW(MXL); 20 D.U./Acre DEVELOPMENT OF REGIONAL IMPACT(DRI) WE _,`, ` LOCAL RETAIL COMMERCIAL(LRC) S OFFICE COMMERCIAL(OC) 0 80160 320 480 640 RECREATIONAL(R) ggvt EXHIBIT C BOYNTON BEACH MALL CURRENT ZONING l4 h — �r ,il yt51 ill�ttl{}ts r7s\\} lli tiVl- ` i r+t -.tlt+ ,„ a itt {ts� } 4gi jt irlt 4}!Ar ry}tI rstt rAtt f(4 4:JiJly t`7t £J_t ritS�{ l�r s 1A� v� i !¢ t �,,Yrrr r1 rltit 4 " 4 � , 14 ,'! -. t l 'tt A:u{y;i 7+i„+yil4r,i+li:r i i h}_,,,;r�t�,t.,}Ilmt I£t+rsri{1)r„;�i}s r rr)i 1t��t r r t+it t s:�t)5}( ,+}ly�\ `\\it;slit i+7,r{{ \/1(4s4✓it}!(ii sr It+\r{I s{ili�'l,S,t, ty, s„} tiit} ,,j ISJt)I itll,l t i\) lr s1}Sir{yj rti t Irti 75( .(£ f t f`t(£,( 4s r __ti}v #r.) j S } P Jt 1t+r }tt,44,,,f 1 tt Ia7J't r t J t' t'\Stl\{tU7itl f r\tvt \ {�\ Jp+firs tV t tt4GiJ!v\}1t I It SI`!1,{t+{klt �s i4t I 77rt ISh+k VI r o +t la1 rbll£t t vrt`t),4} a£i VriY dt' tt l ti tit fi. J tit (}}(, irrir,. � rl}r,,t'5 l�ltl Jl t'vl'1 n\ bI� 1it jttr trl pJ llr t�}�ti;,` ItttSryt til+.Jit lil {ir .Ill 1{}K4trrt j,4! 1t{}};j .-t; , Asst 1}S,{tlrr tlltyV_ t1 : t t., yl 4t}SiStl irlt 11t sirs }tit Pati(4 1 i,�'I 12 fl{i' I I t s Jsf }�Jt t) I' rs}a t` It,f,y! {{�1{ {tt +i ft12i\Irl f4 �I lrl}1I ;,Sty{s Isl t yt rU( 'i e!L} ac Pt i;ti IS{tttti 1y 4;.1 fs\/s '+ {tt i) r �f Il t � iSltlll,ty( I t s! `=ar 7! t\iv Jit 11 t t,viiel +t}1r f aJ t» }:'} i/i t It t+ 11„ihl - 4,: �, 37!'{itlitirr;ty\illy t{"\}t +Ill„lq t +ll� it II}j+r;s }js4 h}tSt y J �l,S t tt t t`li} ytrl};`tr ijt it4 }t vt {? ii1 rr4 ,it,' ,I. sl }till 't`:. t, 4 1IS41si\ ( (;/lftt �} i S(;t, 4t 5ii ,Sii l% t tt({I,t,ai�Il it t/ I�k 4� ill i{1 1 ,t�r 114 it 1t,l V,{tt I}{) tiltt\ISlt�S SII Ir „}+i ,i7rl 4,}4' ',Irl. �� 1411{ itl�J+rl{74(i>S}i rittl S{til Y1t p11f,,tJ21F 117{ty 11 7`trr va �t} 4,0+{ ` 2Ir3i,�}; 5 (I, r1,,r t} sfli,fa ( ttSrl�t„Sttynlltl`I�S f Uri+,_itµ+}I 2r;1 (ls >,\I'- S }\rrf}, tti!{stiltrlfl)t4r 'll} snits rr12411s £ t 71\ 1 tW£ 1 t fa++}s jrr 1 r irJll 7t{, ry, i1\ }5tl{}lt +tr Ji Ij! tl 'Y rr\r74 fl i5 }r r,, 4 5i I {,45,: 4 t t I t ill t�, rr s :rt t � r s!n ,41t -,li i J t+lt h) r41Uly s t } IIS I ?r rt t4} s IS - +41iV t \5 sits it $tt{-, 5 s 5 7 r r } Sl it4 t.\\4 ii t }Ir 1f +4! r ir,!}itt i)I I7 Jr ittl,,r j, vtt/vr rll5dds 411{i 'VIII{7)I;tis tt4 l is i�4,atirttllr jl,tl { Vit �� t lr, .. r y r1 lilt..} f�{ri )aiy4 it tit 14+{It t );t 4 1}C tf,,.4s'4 sq } S)It 11 tt! ++il r1r lfyl }S.L} tt! iWs 7 I4 jS rr II.\t{ r ) ( t( tl F '•1\ tt,£Jt�� ss tsSt t1t rV}tri tt 1 r a, !, s },,1,{y, It,l� I/tt��hyst l}} s 1+2 r}}f tc rt } y:t£rt 1 t t�{; } t+,,;},:!r�s ? ) t s I}k!t Illt�t J,S�( lt{ Ir yt,y t7 tiff I hlt i+t t+it t l;s r 11; ytt 111,1 t} +itif;. r411 +at ;till a }1 :I:! !I tlr f, II < } . lJ 1141 1 r taf .If}4 t 7 I 4yr }t('t sl 2}tl},i(,(7{)r Iltatr-!)rtl} i}v t 't tl}ti �,S't}1il Ui� r s i ttf try.iii 1t Il iii {4 tat II 4 :: '"P,1? t ttft 4 1'\ (t 1r ttS h i:.}1lIS I));. r tt ,,,,y J ` u}�j ,r 7jlY lt,Sl.1 ! 41 t,,_t 11 5 II 14a ' +,I f It\ Itti s+'f}S) {4 {stlhs, 4J!i! h'III ,a ylSltt 7 1C\ 4,s�t{1ri`11Pis s„1 'rl It r ,t Is �i i tt L..,,\ (:11} f .. t l }it tU,• ri t+ -,t tit, „ji ,,,s.. t It {I.,_ S I I ir;�.ry, ,t ,tr. z t ,t,{{ i,l�y,- s J "_""`"t'fi'."', 4 }{( u}!7 t llt\'tt r,s?1 is +t„ 7 51,,, V ! \4:: It (,,:r.{ 4 „r.:(» 1, r n+ , \ ( ,.s s (} 1,s,1, thi +, •:tt .Iaf,i„Js I ,l{„ \„ �t: ,)>; y ti s 1 rt ,(,trl ,i}(;!, 'r:'7Stt ) Ir,t+„ 1, „rt„ tt -,,. rr15.., ;,4, ”„� t Lt.._{t ,t„,,.}., r „tra.t.,\ tf i , `'� +iJ,:,cl'-; Dy .s,r ta! ,,,, -: 3i _,>, „i, '�I, '•i`: t,.., 11l ,.I,, ttlZ.:,,.,SS I i t 11z { 1 ,,,,yh S'74 t^': l i .•, 1 1 v, !\4.. r { 11 4.5?!i Sr; c .. ,b „9, s t,s,_s t ;.7{ r rat lt1{ tl,;: a I I S..ti"„ I h'',:. i ,it'1( t1!,i i,,,. s, r-_ r '.1 .rte !! i r i :; v),, ,5,,.4 t+, ., ,,:.,.•V \tit ,-.,�:,, 1(V 1,,, ) t i S,,If ,tt,.. ,?, ,, t(1((r, ,,: a i1 ,cs1?\t,'t ld,: ,i,,1,),,.,,Ir,, .v r}r,t;,y,u tl,, S !, n, ,,.t t .{ a,rU r 6 { i ,..:u 1 ,,,,( k, r t r r I r [ } 5 d ;J t I„1'sr + 1 4.d;,. \,1 + 1 r} .1 { r{5,,.r, t , !, 7� .�•S}\.,�,( ,tct,vat- „rJl It ,�l i t ,tt,,,.,z f r ,i { s, {! !•I+ ,� r l` „s,.n,,s S 1, 1, ,4 r;s i a „)`s ,tit \U, t .i 3 4 t 1. r,,,r t I ) s rl r ._ly, r,4 ,trJ! f v'i.' I t> ,t r)1J 7V )," s.-. ,lj lJt, `•;i I t tl,,-.r s\,.... y 2 u,S„ rr 1 t }t.y-; 7 ' Sa}i ,}S r,,( 1 i 1„,,i rt, ,:1 44 tl ,.). ,r srtr,,,r';'tli 5 t rs,l 5 alrt (s {S c r + t t5\ ( t i t t 2 7r1 yr 4.S It}71 t trl it ��33 tt', f l Ilt\t(. f\t'tr{ (� ,tlSsl tt t::is I l}s,r 4 t�itt sh\+ 1 ti Il\ r tI { r n\i Irl l,;irf rt <+; J 4t �tI ttiv\:rt t 1 4 4 fr } t tJ t i{ tit - flit tS�(,tf rsFs;tilt(\ q,!71 7 141 .,r{ ,G, „ t r !.: c It r + ! 11171! ISI t t tlgr f i tri S4 + till jt} sl t ! tt Jl+ill t t r ri rltlj 11117+tt1 Jy'tlt;(t }lb4)51JarU\h1S\6r1S13x1}\h1S\h1S\h1S\titU\h1S\h1S\h1S\brb\h1S\h1S\h1S\dr1SSh1S\h1S\h1S\drit�its tY,rYu rd;,tYu Au ath u-� 9 {u1�{Iu"�t t„'life,t{}fl},3,ti t}' ttA,ttu sdA�t} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N a ,t ,;l,kr,tt'y C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640�g�t REC Recreation EXHIBIT D BOYNTON BEACH MALL PROPOSED ZONING �r irr rrr i4} rf}'j r4}(ry rt r' Alyt \1i } }� 4 rl �u. r£,lrr ir)rr lrlrlrS £!�'� r,,1 (i it Irr Y�pirrrit�r ,lr t — (i, ilr�, �rsrf�tlrrrr err rirtri}1141+��� �;� i �' fS})t rrr. f rrr tri Irr t , 'tr 1C �f�ilir�fi�r iir��i�«r v}�) jSr ��� s rrr if t t -t ifl} _ ttf s i c Iq tit r} � }�lrrr Si 1 m PROPOSED ZONING: SMU rrr SUBURBAN MIXED USE yy 1 r4r rir 1 y(�I 1jI rf lrfrrr� r}� �1�f rr ��s } t - {{„ r rrrt rr rt liI r rrrr}i- rrr 1� t i riui ,r, }}v;li('IlislirS� t? 1rr,(rrltru}`u, iyi,rr` £� 1£r �rtTr'��y � l} It � It rtl �itrt� ul-r tr51(tt �r}}k1}t 1�),:'. r sr ���}f�Ai}�a rt Ut liv iltrr ri it t j tf r�i�f ?, 1 1 rrtf rf��rl , r Grir}ii �111t> ��:{rl t f}1R£x- } 1 It ti 1 rrr � � t 1f1 Ir hl- t r 111 t rSr a�� r y 1st(r!/rr z vOt�i i� 1 Ir rl�l� rii 11 r�{ rl r rrrr� I}r t� r� r t � y tYr X14 rr. f1A r4Ul r I. r t sr i i rrtr�ii rrtsr} 1 t�rs��rr ilrtnitl 'tlSt iS t{y i } rf1�r1 11 trt}f i11�1 �} fij>> yy4}r I�r(fr 1 r y�rtrt S 1 1}str{rr} �i � if} r� N/r i 1r �l r 1 i t r r ;rf.it � 1 i r r1 S�rtr £4}Ir{ r \ttl ryr t( lr ltjr�r,tr 7Srtrf ftifl trt 11 Gr i �; r11 1tr r 1 -U r r r1 r 2 r r s frtf 1 1 r� ( �� r -r irrr It U 4> r£ f rpt rK }r rr) It ttl}� rr 1 S(, r 4t}>yr rl r r�£ t r��l1 -S It{Ilr ": t 11 �rrl } i,irr ir'} rttyl� rrf�71� 5 i+i}}�} V �it lirf li £�atst� ilsr�itrl r{f}r(t�'ri1 t�rs`r r r 4 f i {}tt r r rrr s rr rr yl�r.lrrflr7 } 11 1 t i O 't t r s_ r i\ t t if£ {t� 7 } r (> rr r r Jr 4 11+1. 1 tlrl s 7 � rt (r rri Yi}71r Il �sl} y t - t i r y }}r14� r 114 ii 4r�1rr{i rJ}£ i s r 11 `t;rrr rry } li4+fr rlr}r }rrf 'blit ri fr)lit f I r lfsi rr r�IJ��trilir yf i„`. r„rr I SiA r rr 11 r4r4Sr is u, V rr}r,l r rirr (s {S c r r r trA ( r it t r rrf rr 4-riq}rl i frf�r ���� 11', f ti Ilt\r(. f\y'tr n- r (�1,1+ r r S r rrif� r irri jr} ri t ! tr J�rrll t r r, ri rltlj ; �7�4)r�ur$\h11\dr11t3r11\h11\h11\h11\dti11\h11\h11\h11\drb\h11\h11\h11\dr11Sh11\h11\h11\drit�ris tt,,r7,,,rd;,¢r,,,r7,,,t rt,u-� � �uffr,,�� r„�lr}s,t{�+i},�,�i r�' rt,,,r7,,,�d,,it} LEGEND: ZONING DISTRICTS nPUD Planned Unit Development C1 Office Professional N rr „1ofr,'�trr C3 Community Commercial E PCD Planned Commercial Development s SMU Suburban Mixed Use,20 du/ac 0 80160 320 480 640�g�t REC Recreation 8.B. PUBLIC HEARING 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approval of the Master Plan Modification (MPMD 19-004) for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. (The applicant has requested to continue this agenda item to the May 19, 2020 Commission Meeting.) Explanation of Request: The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which permitted 1,108,000 square feet of gross leasable retail space. The mall has had several modifications to the site since 1982. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of"live, work and play" on the same site. The applicant is requesting approval to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail/ Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: • Reduce the existing Mall building square footage dedicated to Retail/ Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail/ Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail/ Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. Page 676 of 863 • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: The subject property is located within, and would be a significant component to the Congress Avenue (Mall) District Plan. This is one of 4 city-wide district plans to potentially be completed as Strategic Plan projects. Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Exhibit E7ibit A-1: Ownership Map D Location Map E7ibit A-2: Location Map D Letter ExIiibit B: Justification Statement D Drawings E7ibit C: Project Plans D Conditions of Approval E7ibit D: Conditions of Approval D Development Order Development Order Page 677 of 863 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 19-034 STAFF REPORT TO: Chair and Members Planning and Development Board and City Commission THRU: Ed Breese Planning and Zoning Administrator FROM: Amanda Bassiely Principal Planner DATE: December 3, 2019 PROJECT NAME/NO: Boynton Beach Mall (MPMD 19-004) REQUEST: Master Plan Modification for the Boynton Beach Mall allowing for the phased conversion to a mixed use or life style center with the reconfiguration of retail space, and the addition of residential, hotel and office uses to the existing movie theater, fitness center and church uses. PROJECT DESCRIPTION Applicant: Bonnie Miskel, Esq. / Matthew Scott, Esq. / Beth Schrantz, of Dunay, Miskel and Bachman, LLP Location: Area bounded by Boynton Canal on the north, Old Boynton Road on the south, developed commercial properties/Congress Avenue on the east, LWDD L-23 Canal on the northwest and Javert Street on the southwest (see Exhibit "A") Existing Land Use: Mixed Use Low (MXL) Proposed Land Use: No change proposed Existing Zoning: Community Commercial (C-3) Proposed Zoning: Suburban Mixed Use (SMU) Proposed Use: Master Plan Modification of the Boynton Beach Mall, transforming the enclosed mall space and out-buildings to a mixed use type of development encompassing retail space, office space, residential units, restaurants and entertainment uses, within several buildings Page 678 of 863 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 2 on the site. The application for Master Plan modification proposes a maximum of 1,420 residential units, 400 hotel rooms, and 1,024,000 square of non-residential uses, comprised approximately of 629,000 square feet of retail space, 123,000 of existing church use, 20,000 square feet of existing fitness center use, 80,000 square feet of existing movie theater use, 10,000 square feet of restaurant use, 65,000 square feet of medical office use , and 65,000 square feet of general office use. Also included is approximately 23 acres of open space, including approximately 7.3 acres of existing pine preserve. Adjacent Uses: North: Right-of-way for Boynton Canal; farther to the northwest, a mobile home community Sand and Sea Village in the unincorporated Palm Beach County, classified HR-8 High Residential and zoned RS, Residential Single Family; to the northeast, Savanah Lakes Apartments, classified Medium Density Residential (MeDR) and zoned PUD, Planned Unit Development, and farther east, Courtyard By Mariott Boynton Beach Hotel, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; South: Right-of-way for Old Boynton Road, and farther south, Walmart and other developed commercial properties, classified Local Retail Commercial (LRC) and Office Commerical (OC) and zoned C-3, Community Commercial and C-1, Office Commercial; East: Developed commercial office and retail properties, then right-of-way for Congress Avenue; farther east-northeast, developed commercial outparcels of the the mixed use development of Boynton Village, classified Mixed Use Low (MXL) and zoned SMU, Suburban Mixed Use; to the southeast, commercial development of Town Center, classified Local Retail Commercial (LRC) and zoned C-3, Community Commercial; and West: To the southwest, right-of-way for Javert Street; farther west, developed single-family home subdivision of West Boynton in the unincorporated county, classified Medium Residential (MR) and zoned RS, Residential Single Family; to the northwest, LWDD L-23 Canal right-of-way and then a pine preserve area, classified Recreational (R) and zoned REC, Recreation. BACKGROUND The Boynton Beach Mall, an approximately 116 acre site, was designed as an enclosed shopping center, under the Development of Regional Impact (DRI) regulations outlined in the provisions of Chapter 380.06 of the Florida Statutes. The Mall was approved as a DRI by Palm Beach County through issuance of Development Order dated May 7, 1974. In 1982, the City annexed the property and adopted a development order for the Boynton Beach Mall, which Page 679 of 863 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 3 permitted 1,108,000 square feet of gross leasable retail space. In 1989, the Master Plan was amended to allow for an increase in gross leasable retail space from 1,108,000 to 1,244,449 square feet to accommodate the addition of the Sears store. In 2005, the Master Plan was amendmended to provide for a conversion of 169,510 square feet of the existing retail space (through the demoliton of the Macy's store, which relocated to the former Burdines' space on the south end of the Mall) to a 79,500 square foot multi-screen movie theater with 3,650 seats, and the addition of 17,528 of new retail space. As a result, the overall square footage was reduced from 1,244,449 square feet to 1,154,439. In 2012, the Development of Regional Impact (DRI) development order expired. That same year, Christ Fellowship Church purchased one of the two Dillard's sites and began renovations to accommodate church services. In 2014, the Simon Property Group, the Mall's owner, spun off their lower-tier mall assets around the country, including the Boynton Beach property, to an entity known as the Washington Prime Group. Also in 2014, Texas Roadhouse Restaurant, a 7,420 square foot standalone restaurant building, was approved adjacent to the main Mall entrance drive off of Old Boynton Road. Staff had been working with the Washington Prime Group in an effort to strategize a viable solution to the depreciation of the Mall and a long term plan to revitalize and reinvigorate the property, as enclosed malls around the country were beginning to fail and their property values continued to decrease. Staff suggested that many malls around the country had been redesigned as mixed use developments, including residential components, entertainment venues and office space, fostering the concept of "live, work and play" on the same site. As these discussions were taking place, Washington Prime was then faced with the loss of the Sears anchor store, as a result of corporate closures around the country. Staff worked with Mall ownership to suggest a Land Use change to Mixed Use Low to foster the type of development envisioned for the site, and encouraged Washington Prime to begin working on a Master Plan that would not only stabilize it, but make it a desireable destination once again. The City Commission approved the Land Use change to Mixed Use earlier this year, after review by the State's Department of Economic Opportunity (DEO). Now that the new Land Use designation is in place, Washington Prime has brought forward a request to rezone the property to Suburban Mixed Use (SMU), along with the requisite Master Plan. Chapter 2, Article II, Section 2. D. 6., Master Plans, of the Land Development Regulations states that major changes in planned developments shall be processed through the Planning and Development Board and the City Commission. ANALYSIS The applicant is proposing to amend the Master Plan to allow a mix of uses. The Mall property currently consists of approximately 1,285,700 gross square feet of buildings (1,154,439 square feet of gross leasable area), including the following uses and their approximate square footages: • Retail / Commercial: 1,034,745 square feet • Church: 122,733 square feet • Theater: 80,000 square feet • Auto Repair: 20,761 square feet • Fitness Center: 19,883 square feet • Restaurant outparcel: 7,600 square feet The proposal would: Page 680 of 863 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 4 • Reduce the existing Mall building square footage dedicated to Retail / Commercial use from 1,034,745 square feet to 482,750 square feet, in conjunction with the construction of separate, new mixed use buildings with Retail / Commercial use on the 1St floor and Residential units above. The combination of existing and new Retail / Commercial space on site would not exceed 628,627 square feet. • Add a maximum of 1,420 residential units to the site along the north end, the southwest side, and internally as part of the new mixed use buildings. This number of residential units equates to approximately 12.9 dwelling units per acre. • Add a maximum of 400 hotel rooms. • Add a maximum of 65,000 square feet of medical office. • Add a maximum of 65,000 square feet of general office. • Add 35,000 square feet of new restaurant space. • Add a dedicated space for a Fire Station. • Retain the Christ Fellowship Church, Fitness Center, Theater, and Roadhouse Grill Restaurant. • Add 291,000 square feet (6.7 acres) of new open space, dispersed thoughout the central portion of the site, to the existing 320,000 square feet (7.3 acres) of existing Pine Preserve. When added to the lakes and green areas around the lakes, the total open space is proposed to be 23.27 acres, or approximately 20% of the site. The Master Plan is designed to be constructed in five (5) phases (see attached exhibit). • Phase 1: The northern portion of the site where the Sears buildings and parking lots will be removed. This phase is intend to be developed with a maximum of 400 dwelling units, with a maximum building height of 55 feet. • Phase 2: The portion of the site immediately south of Phase 1 and located between the northern end of the remainder of the mall, including Christ Fellowship Church and Cinemark Movie Theater. The mixed use building(s) would be constructed between the church and the theater, with residential units constructed above the new retail space, with a maximum height of 75 feet. • Phase 3: This portion of the site encompasses the southwest quadrant, south of Christ Fellowship Church and also includes the Pine Preserve Area along the northwest perimeter of the property. This phase is intended to be developed with a maximum of 300 dwelling units, with a maximum height of 55 feet, the Fire Substation, a restaurant outparcel, and approximately 3 acres of open space / park area. • Phase 4: This portion of the site is immediately south of Phase 2 and east of the JC Penney Department Store. This phase is intended to include two more mixed use structures with residential units constructed above the new retail space, with a maximum height of of 55 feet in one building and 75 feet in the other. This phase also includes a proposed 200 room hotel and approximately 2 acres of open space, as well as the "Mainstreet" infrastructure improvements. • Phase 5: The final portion of the site is the remainder of the south section of the mall site, fronting Old Boynton Road, and includes another mixed use structure with residential units constructed above the new retail space, another 200 room hotel, and the remainder of the commercial / restaurant outparcels to line Old Boynton Road, with a maximum height of 55 feet. • The proposed office uses could be constructed in any of the Mixed Use phases. Page 681 of 863 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 5 For comparison purposes, the Boynton Village & Town Center site to the east of the Mall, across Congress Avenue, is zoned a combination of SMU (Suburban Mixed Use), like that being proposed for the Mall site, and C-3 (Community Commercial). The site is 89.3 acres in size, compared to the 116.3 acre Mall site. Boynton Village & Town Center is approved for 1,115 dwelling units, resulting in a density of 12.5 dwelling units per acre, which is comparable to the 12.9 dwelling units per acre proposed by the Mall Master Plan submittal for 1,420 dwelling units. The Boynton Village & Town Center project was developed more in the style of horizontal mixed use, while the Master Plan for the Mall envisions more vertical mixed use for much of the new construction, especially at the center of the site, bordering the proposed "Mainstreet". "Mainstreet" acts as the direct vehicular connection from Congress Avenue to the site and includes an expanded amenity area along proposed buildings, street trees, and parallel parking. Pedestrian connectivity is proposed throughout the site and designed to link the site to both Congress Avenue and Old Boynton Road. Pedestrian paths are also proposed to allow access to and through the Pine Preserve. The building heights proposed are in compliance with the SMU zoning regulations and comparable to those constructed within the Boynton Village & Town Center project and Renaissance Commons development to the east, across Congress Avenue. Relative to the traffic circulation and vehicular trip generation associated with the proposed Master Plan design, two (2) new Mall entrances are proposed along the Old Boynton Road side of the property to better align with the proposed internal circulation pattern, while the westernmost existing driveway on Old Boynton Road will be eliminated. The applicant has submitted a traffic study for both County and City staff review. At time of preparation of this staff report, a traffic approval letter had not yet been received from the County. As such, the proposed development will be subject to any conditions contained in that letter. The traffic study submitted by the applicant indicates that, with the reduction in the amount of retail space, the overall daily traffic associated with the redevelopment of the Mall would decrease by 2,067 vehicular trips, from the existing 32,047 trips to 29,908. The AM Peak Hour vehicular trips however would increase from the current 945 trips to 1,414, an additional 469 trips, principally resulting from the addition of residential units to the site. The PM Peak Hour vehicular trips are projected to decrease by 611, from 2,977 trips to 2,366. The maximum square footage allowances depicted for the individual use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. The applicant, in their justification statement, notes that the rise of online shopping has drastically reduced the demand for in-store shopping and that "over a third of the mall's storefronts are vacant'. As noted previously, staff acknowledged the decline of many enclosed malls around the country and began a dialogue with Mall ownership to discuss the best methods to revitalize and redevelop the property. It was determined that the use of the City's mixed use zoning and regulations would likely bring the best results, as demonstrated by the successes that occurred with the Boynton Village & Town Center and Renaissance Commons projects. The applicant goes on further to say "Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City". Staff agrees that large scale mixed use developments, like the one proposed, reduce the number of vehicular trips needing to leave the site and encourages walking / biking from the place of residence to shopping, eating, entertainment, and recreation, thus reducing the carbon footprint associated with the site from vehicle emmissions. Page 682 of 863 Boynton Beach Mall MPMD 19-004 Staff Report Memorandum No. 19-034 Page 6 RECOMMENDATION The Planning and Zoning Division recommends that this request for Master Plan Modification be approved subject to the comments included in "Exhibit D" - Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\Staff Report MPMD 19- 004.doc Page 683 of 863 EXHIBIT Al BOYNTON BEACH MALL LOCATION MAP OWNERSHIP OF PROPERTIES ii ------------- CHRIST ISTAR FELLOWSHIP N Boynton Beach Mall LLC r= DILLARDS Z MACYS REGIONAL ENTERPR. oy o N LEGEND w E mumm City boundary S 0 62 Owners other than Boynton Mall LLC . 25 250 3I 500 Fit EXHIBIT A2 BOYNTON BEACH MALL LOCATION MAP r r t x - �r , Boynton Canal t 1 k � i n m w P i t ��� OIdBoynt'on'��Rd� N LEGEND w E mimm City boundary S 0 75150 300 450 600 Egpt DUNAY Gary Dunay Ete Zachariade<s Bennie MiskeL Matthew H.Scott F Scutt Backman Christina Bite fnki 00000 Hope CaLhOUn Lauren G.Odom BACKMANLLP Dwayne Dickerson Zach Davits Walker Boynton Beach Mall Statement of Use and Justification for Rezoning and Master Plan SUBMITTED: November 19,2019 Boynton Beach Mall, LLC, Regional Enterprises, LLC, Christ Fellowship Church, Inc., Istar Florida 2015 Cinemas, LLC, and Macy's Florida Stores, LLC, (collectively referred to herein as "Petitioner"), own the+/- 116.35 acre Boynton Beach Mall ("Property'), which is generally located at the intersection of North Congress Avenue and Old Boynton Road within the City of Boynton Beach, Florida ("City").The Property is comprised of nine (9) parcels, identified by parcel control numbers 08-43-45-19-05-015-0010, 08-43- 45-19-05-017-0020, 08-43-45-19-05-018-0010, 08-43-45-19-05-015-0011, 08-43-45-19-00-000-1090, 08- 43-45-19-05-028-0010, 08-43-45-19-00-000-3020, 08-43-45-19-05-021-0010 and 08-43-45-19-05-034- 0010. A +/- 110.12 acre portion of the Property is developed for use as the Boynton Beach Mall ("Mall Property") and the remaining+/-6.23 acres is set aside for preservation of the existing pine forest ("Pine Preserve"). The Mall Property is designated MXL, Mixed Use Low, on the City's Future Land Use Map ("FLUM") and the Pine Preserve is designated R, Recreational, on the City's FLUM. The Mall Property is located within the City's C-3, Community Commercial, zoning district and the Pine Preserve is located within the City's REC, Recreation, zoning district.The Mall Property and Pine Preserve are identified in the aerial image below: S 17 MAP LEGEND Mall Property � Pique Preserve N 14 S.E,4th Street,Suite 36, Boca Raton, FF 33437 Fel: [561)405-3300 Fax:t5611 409-3341 wwwAr-nioblaw,corn Page 686 of 863 The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial/mixed use development located across North Congress Avenue to the east. The properties located to the northeast and south of the Property are also developed for commercial use,while the properties located to the west and northwest of the Property are developed as single family homes. DEMONSTRATION OF NEED Boynton Beach, a town of approximately 74,000 people, is a strong middle and upper income area with suburban growth areas to the west.The area's affluence is reflected in the existence of more than a dozen country clubs located within five (5) miles of the Property. The current use of the Property as an aging mall is in steady decline as it no longer meets the needs of the community and is slowly becoming a source of blight in the City. Two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities -a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. Redevelopment of the Property will revitalize a persistently declining center and allow the City to better meet the community's needs by satisfying demand for housing by providing high-quality compact housing opportunities and introducing a vibrant lifestyle center to the area for current and future residents to enjoy. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including +/- 1,034,745 of retail use, +/-7,600 square feet of restaurant use, +/-20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/-80,000 square foot theatre with 3,650 seats.The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years.The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping. This is evidenced in a significant decline in tenancy in recent years, with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2% and 2.5% during this period (Census Bureau's Population Estimates). The City has recognized that the Mall Property's current C-3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Page 2 of 9 Page 687 of 863 DEVELOPMENT PROPOSAL AND REQUEST In accordance with the City's vision for the Property, Petitioner proposes to redevelop the Property as a mixed-use development with residential and commercial use components ("Project") to meet the increased demand for compact, walkable communities and higher density living opportunities. Specifically, Petitioner seeks to reinvent the Property as a vibrant, mixed-use"live-work-play' community with ample amenities, a variety of active and passive open spaces distributed throughout, retail, dining, church, and entertainment offerings. In order to create a vibrant community, Petitioner respectfully requests approval for the following requests: Rezoning of the Mall Property from the C-3 zoning district to the SMU,Suburban Mixed Use,zoning district consistent with the Mall Property's MXL future land use designation ("Rezoning"),and Master Plan Approval for the Property to allow a mix of uses including a maximum of 1,420 multi-family residential dwelling units, a maximum of 400 hotel rooms, +/- 628,627 square feet of shopping center uses (including +/- 482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use,+/- 19,883 square feet of fitness center use,+/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/- 65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space,and+/-23.27 acres of Open Space ("Master Plan"). Although the +/- 7.359 acre Pine Preserve is not included in the Rezoning request, the area is included within the Master Plan and is proposed to be made accessible for passive recreational opportunities in Phase 2 of the Project. DENSITY AND INTENSITY The Project includes development of a maximum of 1,420 multi-family residential dwelling units on +/- 110.12 acres for an overall density of approximately 13 dwelling units per acre. In addition, the Master Plan is designed to provide for a maximum of 400 hotel rooms,+/-628,627 square feet of shopping center uses (including +/-482,750 square feet to remain and +/- 145,877 square feet of new development), +/- 122,733 square feet of existing Church use, +/- 19,883 square feet of fitness center use, +/-32,600 square feet of high turnover restaurant use, +/- 10,000 square feet of fast food restaurant use, +/-65,000 square feet of general office,+/-65,000 square feet of medical office,+/-80,000 square foot existing theatre with 3,650 seats, event space, and +/-23.27 acres of Open Space. VEHICULAR AND PEDESTRIAN CONNECTIVITY The existing development includes a sea of parking with a striking lack of pedestrian connectivity, landscaping, and active recreation areas that speaks to the age and outdated nature of the current development. The Project is designed to create a vibrant mixed-use environment with walkability as a core principle and features a pedestrian circulation network providing safe, efficient, and enjoyable pedestrian connections throughout the entire Property.The Project's design offers residents and visitors ample active and passive open spaces and continuous pedestrian access to the cultural and shopping amenities. The proposed Main Street axis and east-west pedestrian circulation system will offer greater Page 3 of 9 Page 688 of 863 connectivity and a walkable environment for the Project's residents and visitors alike, while at the same time maintaining the sense of privacy and security for the residents in the multi-family components of the Project that is necessary for a high quality of life. The Project proposes gateways to the community through the existing North Congress Avenue entries, which will provide a strong sense of place. In addition, the proposed Main Street section provides for ample pedestrian access, bicycle infrastructure, and pedestrian landscape features. Provision of east-west pedestrian connections in each north-south quadrant of the Mall Property will promote placemaking within the central Main Street area by providing for linear parks and offering users active open green space throughout community. In addition, the northern access pedestrian circulation plan along the multi-family residences provide a more urban yet park-like setting with the provision of an amenity area including a street tree area, wide sidewalks, and active use area that significantly exceeds the code requirements for an SMU development. In all, the Project provides proximity to amenities and services, as well as creating a needed sense of a vibrant, diverse community that offers a space for the area's diverse demographics to come together. BUILDING MASSING AND HEIGHT The Project is designed in compliance with the City's SMU zoning regulations and provides a maximum building height of 55 feet for the stand-alone residential and commercial components and a maximum building height of 75 feet for the proposed vertically integrated buildings. PHASING The Project proposes development in five (5) phases with development occurring first in the northern portion of the Property as is shown on Sheet MP-5. Phase 1 is located in the northernmost portion of the Property and comprises a multi-family residential component and northern access from Congress Avenue. This phase is anticipated to be developed within the next 24 to 36 months. Phase 2 includes the vertically integrated mixed uses surrounding the existing Theatre and central driveway connection to Congress Avenue. Phase 3 includes stand-alone residential and commercial uses, activation of the Pine Preserve for passive recreational use, and provision of a pedestrian connection along the west side of the Property from the northern portion of the Property to Old Boynton Road. Phase 4 includes a combination of existing and new commercial uses, hotel, vertically integrated mixed uses, and open space in the area south of Phase 2. Phase 5 includes the remaining commercial and open space uses in the southeast portion of the Property. As detailed above, Phase 1 is anticipated to begin upon approval of this Rezoning and Master Plan with a Site Plan anticipated to be submitted concurrent with this request. The ultimate development of the remaining phases will be guided by changes in market demands over the course of the coming decade. It is important to note that each of the phases includes a portion of the proposed open space components such that they are equitably distributed throughout the Property. REZONING AND MASTER PLAN CRITERIA In accordance with the Section III.2.II.2.D of the City's Code, Petitioner will demonstrate below that the Rezoning and Master Plan: a) is needed; b) is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans,and Land Development Regulations;c) is not contrary to the established land use pattern, nor would it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare; d) supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives with an emphasis on 1) complementary land Page 4 of 9 Page 689 of 863 uses, 2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties; e) does not exceed the availability of Public Services/Infrastructure; f) is compatible with the current and future use of adjacent and nearby properties, will not negatively affect the property values of adjacent and nearby properties and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole; g) furthers the implementation of the Economic Development(ED) Program, (2) contribute to the enhancement and diversification of the city's tax base, (3) respond to the current market demand or community needs or provide services or retail choices not locally available, (4) create new employment opportunities for the residents, with pay at or above the county average hourly wage, (5) represent innovative methods/technologies, especially those promoting sustainability, (6) be complementary to existing uses, thus fostering synergy effects, and (7) alleviate blight/economic obsolescence of the subject area; h) does not involve rezoning to a traditional zoning district and therefore is not subject to review for the conditions within this criterion for furthering the City's Economic Development Program; i) will not reduce the amount of land available for commercial development; j) no alternative sites are available elsewhere in the City in zoning districts that already allow the proposed use; and k)shall comply with the requirements of the SMU zoning district and the site development standards of Section 111.3.111.4.D. a. Demonstration of Need.Approval of the Rezoning Application is necessary in order to develop the Project. As described above, the Property is unique in size and nature as it is the location of a regional mall development. The Mall Property is developed as a +/- 1,285,722 square foot traditional shopping mall, including+/-1,034,745 of retail use,+/-7,600 square feet of restaurant use, +/- 20,761 square feet of auto repair use, +/- 19,883 square feet of fitness center use, a +/- 122,733 square foot church, and an +/- 80,000 square foot theatre with 3,650 seats. The rise in online shopping has drastically altered the consumer market and the demand for in-store shopping has plummeted in recent years. The Boynton Beach Mall is no exception, having been hit by what is dubbed the "retail apocalypse." As mall activity has steadily declined, the existing mall is no longer viable due to the advent of online shopping and resultant decline of in-person shopping.This is evidenced in a significant decline in tenancy in recent years,with occupancy rates dropping by 11.6 percent between 2015 and 2019. At this time, over a third of the mall's storefronts are vacant as traditional retailers have gone out of business or scaled back the number of brick-and-mortar stores they maintain.This lack of demand for physical shopping opportunities in the area is in spite of the City's estimated population growth rate between 2%and 2.5%during this period (Census Bureau's Population Estimates). Concurrent with the decline of traditional mall development, two demographics that comprise a significant portion of the area's population, Millennials and the aging senior population, are growing in number and clout and are increasingly demanding more walkable, livable communities - a demand which the Property is able to satisfy with the appropriate regulatory framework allowing for mixed use development. The City has recognized that the Mall Property's current C- 3 zoning district is not conducive for redevelopment as it lacks the appropriate regulatory framework and does not provide for the creativity and flexibility in design necessary for the Property to be successfully redeveloped. In fact, redevelopment of the Property is identified in the City's Strategic Plan 2018-2022(item#18). Further,the City proactively initiated a Future Land Use Amendment for the Mall Property in recognition of the fact that the Mall Property has been declining for several years and has become a blighted area. On April 16, 2019 the City Commission Page 5 of 9 Page 690 of 863 approved Ordinance Number 19-004 amending the Mall Property's Future Land Use designation from the DRI, Development of Regional Impact, FLUM designation to the MXL FLUM designation. This FLUM designation provides the framework required to allow for a vibrant mixed-use redevelopment of the Property. Approval of Petitioner's Rezoning and Master plan requests will provide a zoning district consistent with the Property's MXL future land use designation. Considering the foregoing, approval of the Rezoning and Master Plan application is necessary in order to develop the Project. b. Consistency. The proposed Rezoning is consistent with the purpose and intent of the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. As described above, the City recently changed the Mall Property's FLUM designation from DRI to MXL. The existing C-3 zoning is inconsistent with the mixed-use intent of the MXL FLUM designation. The requested Rezoning is consistent with the intent of the new MXL future land use designation as it will allow for the redevelopment of the Property to become a vibrant, mixed-use community that will better meet the needs of the City's current and future residents. The proposed Rezoning promotes Policy 1.3.1 of the City's Future Land Use Element ("FLUE") by promoting compact development and safe and pedestrian-friendly streets. The Project is also designed to comply with the dimensional requirements in the City's Comprehensive Plan and Land Development Regulations with a maximum height of fifty-five feet(55')for perimeter buildings, a maximum height of seventy-five feet (75') for interior vertically integrated mixed use buildings, and a maximum residential density of twenty(20)dwelling units per acre for the Property subject to approval of the SMU rezoning application. In addition to the foregoing,the Project furthers the following Comprehensive Plan objectives and policies: FLUE Objective 1.7: The City shall strive to improve blighted residential neighborhoods and business districts through the implementation of the Community Redevelopment Plan within the Community Redevelopment Area. Policy 1.7.2: The City shall encourage land assembly to promote large- scale redevelopment and infill projects. Policy 1.7.3: The City shall require that designs for redevelopment and infill projects encourage the use of public transit, pedestrian and bicycle travel as alternatives to the car and shall maximize personal safety. FLUE Objective 1.8 The City shall discourage urban sprawl by continuing to promote a compact urban development pattern that provides opportunities to more efficiently use of infrastructure, land, and other resources and services. Policy 1.8.2: The City shall discourage urban sprawl by: A) Continuing to promote compact developments within the City's utility service areas, while requiring the maximization of all public services for each development in the most cost effective manner possible; and B) Requiring, in all future development and redevelopment in the City, land use patterns that are non-strip in nature and demonstrate the ability to attract and encourage a functional mix of uses. Page 6 of 9 Page 691 of 863 FLUE Objective 1.18: The City shall encourage transit-supportive land development patterns to promote multi-modal transportation and increased mobility. c. Land Use Pattern.The proposed Rezoning is not contrary to the established land use pattern, nor will it create an isolated zoning district or land use classification unrelated to adjacent and nearby classifications or constitute a grant of special privilege to Petitioner as contrasted with the protection of the public welfare. In addition to the compatible future land use designation,zoning and existing use of surrounding properties, the physical scale of the Project is complimentary to the established land use pattern. Specifically, The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single- family community to the west.The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. The Project's perimeters will include significant open space and landscape buffers that will provide sufficient transition to the lower-intensity residential communities surrounding the Property. The existing use of the Mall Property is less compatible with the proposed use, as it currently stands as a largely underutilized commercial center with a "sea of parking" surrounding the mall.Considering the foregoing,the proposed Project will better serve the area as a live-work-play lifestyle center offering surrounding residents with ample cultural and open space amenities. d. Sustainability. Approval of the proposed Rezoning and Master Plan supports the integration of a mix of land uses consistent with smart growth and sustainability initiatives. In particular,approval of the Rezoning application promotes a mix of complementary land uses in the area, a smart growth principle that is a "critical component to achieving better places to live" according to the Smart Growth Network. As described above, the uses immediately surrounding the Property are primarily residential and commercial. Approval of the proposed Rezoning will allow for the renovation and expansion of a complementary mix of land uses and will increase access to alternative modes of transportation by creating a compact mix of commercial, residential, and recreational uses providing a base to help support the efficient use of land and public services in the City. In addition, the Project is designed to foster interconnectivity within the Project and between adjacent properties. The design of the Project also provides space for landscaping and a comprehensive pedestrian network throughout the community, and it will both satisfy demand for housing with the provision of efficient, high-quality and higher-density housing opportunities, and bring a vibrant lifestyle center to the area. Approval of the proposed Rezoning and Master Plan will allow for a complementary mix of uses that supports alternative modes of transportation and provides interconnectivity within the Project and between adjacent properties. e. Availability of Public Services/Infrastructure. Petitioner will ensure the provision of adequate public services and infrastructure necessary to support the Project through the Site Plan application process required in order to develop the Project. Page 7 of 9 Page 692 of 863 f. Compatibility.Approval of the proposed Rezoning and Master Plan is compatible with the current and future use of adjacent and nearby properties; will not negatively affect the property values of adjacent and nearby properties; and is of a scale that is reasonably related to the needs of the neighborhood and the City as a whole. The Mall Property is located between the heavily trafficked North Congress Avenue thoroughfare and provides a transition to the existing single-family community to the west. The properties that are contiguous to the east of the Property are commercial uses with primarily commercial development located across North Congress Avenue to the east.The properties located to the northeast and south of the Property are also developed for commercial use, while the properties located to the west and northwest of the Property are developed as single family homes. As discussed in sections (c) and (d) above, the proposed Rezoning is compatible with the current and future use of the adjacent residential and commercially used properties. The proposed Rezoning will not negatively affect surrounding property values; rather,the Smart Growth Network advises that"siting commercial areas close to residential areas can [actually] raise property values". Considering the foregoing, the proposed Rezoning and Master Plan is consistent and compatible with the surrounding area, will not affect surrounding property values and is of a scale that relates to the needs of the neighborhood and City as a whole. g. Direct Community Sustainability and Economic Development Benefits. The approval of the proposed Rezoning and Master Plan will further implementation of the Economic Development (ED) Program, (2) Contribute to the enhancement and diversification of the city's tax base, (3) Respond to the current market demand or community needs or provide services or retail choices not locally available, (4) Create new employment opportunities for the residents, with pay at or above the county average hourly wage, (5) Represent innovative methods/technologies, especially those promoting sustainability, (6) Be complementary to existing uses, thus fostering synergy effects, and (7)Alleviate blight/economic obsolescence of the subject area.The proposed Project will promote the Economic Development Program by diversifying and reactivating the Mall Property as a strong commercial and community center for the City's residents.The Project proposes a mix of uses, including multifamily residential and a hotel component alongside +/- 1,023,843 square feet of non-residential uses. The existing mall use has +/-+/- 1,285,722 square feet of non-residential uses, 36.8 percent of which stands vacant. Redeveloping the mall as a mixed-use, live-work-play community with commercial uses integrated therein will better meet the needs of the City and reinvigorate the Mall Property's economic base. As such, the proposed Project will both enhance and diversify the city's tax base through new office, commercial, and residential uses,and in doing so will respond to the current market demand and community needs by providing new services, housing, and retail choices not otherwise locally available or captured by the existing mall use. Further, by reactivating the declining Mall Property with new commercial, office, and hotel uses, the Project will create new employment opportunities for the area's residents. Further, The Project will promote the use of innovative methods and technologies, specifically those contributing to sustainability through the development of a mixed-use community that drives efficient, new-urbanist lifestyle practices by providing a single place where users can enjoy a variety of services and amenities. In addition, by offering local residents a place for recreation,shopping,and leisure,as well as ample pedestrian circulation and open spaces,the Project will serve the community as a transition to the less intense residential communities to the Page 8 of 9 Page 693 of 863 west and northwest, and the commercial developments to the south and across North Congress Avenue to the east. As such, the Project will be complementary to existing surrounding uses and promote synergy effects throughout the area. Finally, an ailing mall in steady decline over the last decade,the redevelopment of the mall into a mixed-use community center will and alleviate the blight and economic obsolescence that the Mall Property currently faces, while better meeting the needs of the City's growing community. h. Economic Development Impact Determination for Conventional Zoning Districts. This criteria is applicable to applications requesting to rezone to a conventional zoning district only. Considering that the Rezoning Application seeks approval to rezone to an SMU planned zoning district, this criterion does not apply. That being said, the proposed Project will further the City's Economic Development Program by proving new housing opportunities and a mix of commercial uses. i. Commercial and Industrial Land Supply.Approval of the Rezoning and Master Plan will not reduce the net commercial land area in the City; rather,the proposed Rezoning and Master Plan will allow for the renewal of the existing Mall Property by revitalizing a persistently declining commercial center with a mix of both stand alone residential,commercial, hotel,theater,and church uses and vertically integrated mixes uses. The Project therefore increases the employment potential and valuation of the Property beyond what it provides in its current use. j. Alternative Sites. There are not sites available elsewhere in the City in zoning districts which already allow the desired use. As described above, the Mall Property is a unique property with no other like it in the City. The Mall Property is experiencing steady decline and no longer meets the community's needs. Petitioner wishes to revitalize the Property with uses that satisfy the demand and desires of the community, and the size of the Mall Property makes it most suitable for the scale of the proposed Project. Approval of the Rezoning and Master Plan will allow for the Project, which is only possible on the Property as there are no other existing sites of comparable size and suitability for redevelopment available in the City. k. Master Plan and Site Plan Compliance with Land Development Regulations.The Project complies with the site development standards of the Section 111.3.111.4.D. of the City's Code and will provide specific details through the required Site Plan Application approval process subsequent to the approval of the proposed Rezoning. Page 9 of 9 Page 694 of 863 M z 0 lip O zoo 61 C) (DLLlo A w 0 0 0 Nw z 0 OM l ,51� I"V Mj q al Ai 110 1,6 n III 7,1 1 oil; M� r: all I No H we .09 1 Ni, ITHITH IN 95, 111�tlllll�l II II�11LI1 II"u, Ag 4,J) "M 2,11mil T fi Ll Al WOO 15 I"T'Mm"',1f,ffi"ag� iSyY lt Jil" 111AINTITIP 4, 1 71 a, MW NO ""ISN 3?V If 4drl qN,Ow"T", Ov 14 TIM ro M-M a CO 0 co z Js 2ii L. o CD o< 0 C) C) L) C) Ln oe Ow DO OO 0 0 8 0. z> E 2 � I ��� ; 00000000 - �� � � m � m� e . q, ,i tj I ——————————-- � � �I �� I ill='I � i i ;�tY ,IR l �`� t g'���� M,M M a O l, --—---------------------7 aX11@1,- ","W, , ll�� 5,IN �11�1rrdS �+tt �' � rJ�i i���il�£� i W L---j 'A—) ft.00 ,,RPI7, T' 7 IN, mmm"m w. 0W%s- -—--—--—-- mw 0-0 �g ,,g n 7,- ji'AsIR Lk. Hul �o s 77 p"m 4 AST, VRI F1 ,Xi VOII*N io .............. m_-----T IN PEI J-1 SWIM flu 77V F oil i a mum 0 o,�l yr hip n "Iftpq Opp, oil gut p a CO o� z o - a m U w °� ° 3aV3`JNIaIIna �'I az oNg<p oz - Q > wz ozw row¢ i Cl)LU 10 +❑ W w mLU <72 LO �000zYz �Qaw U) W C? Liu ozw z8 W J a I z _ rk tk wtks b fi, z C=7 O Z — y Q o_¢ zw wm +i�¢ e � Q 3OVd ONlalln9 9NIISIX3 \ \ \ a Q � - 0� Z 30V3`JNlalln8 W 2 H O F¢ U ozw owe tea¢ CO +C, J U, z of <zLO w 3OVA ONlallne � oda Z ¢ O w m � z 7 W w ¢ U o LU ¢ + rta M Z Lu U o W U) W +m 4 W z �z3 m x wLn U <<W IW -i � w� Q 0 a � e w ozw � +I¢ +I W 30V3 9NIalln8 30VJ`JNlalln8 - fit---- W W w w W000 � 0 H T;MOM :0011 WIC IIV 7� z a4 LK Li I NO: 01 polls.......................... mo, I I U A'i 21§1 VA CO 0 co 0 ro To 0 73 2 1. -Qm in 55 Ew > lo mow > Q5 w 0ro Z3 :s g E E in i6 2 Q, C) U) E U5 0- M �N; S2 ca co z Lu 2 . w f 3 11 .2" 0� o. tz 0- z U) -) LLI LU co c LZ Z 1. U) W 47 Lu LLI LU L� O U) F- < E w Q — Z LL. 2 .2 E < '5 W -M J) 2 Q 2Z 0 1 7 75 Cl) 2 w 2 & .2�6 2 5 6J U) 2 U) LLI F- CD Z - 0 . z m �6 z - 1 71 LU 0 LLJ 0 C) Z) E LLJ 31; > -0 )- :E 2 U) 'E x > C) 'o Ui -2 < 0 L) R < Lij F- > 0 L) 2 Z 5 2 LL D, CL U) 5; z (D (D (D (D (D G) tiip8 w z't Z ro m:�2 LU 7roD > 0 M A). C,3 zQ6 D <c jz 0- O co N < LU C -11 81 R co C) z,7 0, X M (0 Q) In Z Z Z LU Lu o ° eZ3 co-Q 2 q- Q w C',Tj U) A c, m Z) LZ Q) -ZtUUaNaZQU U) ro ro -C3 cu xm 'Zo cu m G cu o �o q z Q) Q) Z (D �1 Q, Q co 2 2 z -2 cc 0 mx cc '0 . 0- + U- co w C) w U) 0- U) D w co z � ro pis o0 < U) Q) M Q) u) ❑ .Q Q0 > w G E CIO' Z3 m 0 Uj C) CD m (ri n w --j un m co FT LU Ir z EXHIBIT "D" Conditions of Approval Project Name: Boynton Beach Mall File number: MPMD 19-004 Reference: 31d review plans identified as a Master Plan Modification with a November 19, 2019 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: 1. A traffic approval letter from Palm Beach County Traffic Engineering X is required prior to final approval of the Rezoning and Master Plan amendment. Should the approval letter require changes to the Master Plan, no permits shall be issued until those changes have been completed and approved by staff. 2. A school concurrency approval letter is required prior to final X approval of the Rezoning and Master Plan amendment. Page 701 of 863 Boynton Beach Mall (MPMD 19-004) Conditions of Approval Page 2 of 2 DEPARTMENTS INCLUDE REJECT 3. The maximum square footage allowances depicted for the individual X use types as outlined within the Traffic Study will be the limiting factor relative to the density and intensity of proposed uses depicted on the Master Plan. 4. The Plant Palette depicted on Sheet MP-6 is representative and not X comprehensive, and may be altered as a result of further staff review and comment as individual projects are reviewed. 5. Parking details will be reviewed within the individual phase approvals X and as part of any Shared Parking Study submitted in the future. 6. An update to the Master Sign Program for the Mall will be required X before any permanent sign permits are issued. 7. Further Departmental reviews and comments will be provided during X the analysis of site plan submittals associated with each phase. 8. It is the applicant's responsibility to ensure that the application X requests are publicly advertised in accordance with Ordinance 04- 007 and Ordinance 05-004 and an affidavit provided to the City Clerk COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None CITY COMMISSION CONDITIONS Comments: To be determined. ADDITIONAL REPRESENTATIONS/COMMITMENTS S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004 BB Mall Master Plan\Staff Report\MPMD 19-004 COA.doc Page 702 of 863 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Boynton Beach Mall (MPMD 19-004) APPLICANT: Bonnie Miskel, Esq., Dunay, Miskel and Bachman, LLP APPLICANT'S ADDRESS: 14 SE 4th Street, Suite 36, Boca Raton, FL 33432 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: January 21, 2020 APPROVAL SOUGHT: Request for Master Plan Modification for the Boynton Beach Mall consisting of retail, residential, hotel, restaurant and office uses in conjunction with existing church, fitness center and movie theater uses, in the SMU (Suburban Mixed Use) zoning district. LOCATION OF PROPERTY: 801 N. Congress Avenue DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\Boynton Beach Mall Redevelopment\MPMD 19-004\DO.doc Page 703 of 863 8.C. PUBLIC HEARING 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Ordinance No. 20-005 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC). (This agenda item has been continued to the May 5, 2020 Commission Meeting.) Proposed Ordinance No. 20-006 - First Reading - Approve 7-Eleven 101 W. Woolbright Rd Rezoning from R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District to C-2 Neighborhood Commercial District(This agenda item has been continued to the May 5, 2020 Commission Meeting.) Explanation of Request: The subject 1.05-acre property consists of three parcels, assembled for the proposed redevelopment of the existing 7-Eleven convenience store and the addition of gasoline pumps. The existing store occupies the largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with duplexes, front on SW 14th Ave. Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the existing convenience store property carries Local Retail Commercial (LRC) future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential (MDR). While the MDR-classified parcel on the corner of Seacrest Blvd. and SW 14 Ave. is appropriately zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning —part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent with the LDR future land use classification. The request for the FLUM amendment and rezoning is being processed concurrently with the applications for the Major Site Plan Modification (MSPM) and Conditional Use (COUS). Conditional use approval is required for the proposed addition of the gas station (see the corresponding staff report). If the subject request is approved and the C-2 commercial zoning is extended from the 7-Eleven property through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties across SW 14th Ave. Staff has impressed the importance of appropriate buffering, and the applicant has responded accordingly in the site plan and landscape design as detailed in the COUS/MSPM staff report. Note that landscape buffering and screening regulations for commercial properties were not on the books in 1960 when the current structure was built. The assembly of the two parcels with the existing site will facilitate compliance with the current land development regulations. The expansion of the site will also offset the impact of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd. for a future widening of the roadway. The proposed extension of commercial zoning in the subject area is warranted by the current and anticipated Page 704 of 863 intensification of redevelopment activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1, and the resultant increase in population and traffic. Eventually, redevelopment is likely to expand west along the northern side of Woolbright Rd. to SW 1St Street, eventually encompassing the block between the Woolbright Rd. corridor and SW 14th Avenue. The Planning & Development Board reviewed this item at their February 25, 2020 meeting and forwards it with a recommendation of denial. How will this affect city programs or services? No significant impact on either programs or services. Fiscal Impact: I ncrease of tax base Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? Grant Amount: ATTACHMENTS: Type Description Staff Report Staff Report Location IVAap E7ibit A. Location IVAap Exhibit EXHIBIT B1. 7-Eleven 101 W. Woolbright Rd current FLU Exhibit EXHIBIT B2. 7-Eleven 101 W. Woolbright Rd proposed FLU Exhibit EXHIBIT C1, 7-Eleven 101 W. Woolbright Rd current zoning Exhibit EXHIBIT C2, 7-Eleven 101 W. Woolbright proposed zoning Page 705 of 863 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-037 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Hanna Matras, Senior Planner DATE: February 7, 2020 PROJECT: 7-Eleven 101 W. Woolbright Rd LUAR 20-001 REQUEST: Approve 7-Eleven 101 W. Woolbright Rd, amending Future Land Use Map from Low Density Residential (LDR) and Medium Density Residential (MDR) to Local Retail Commercial (LRC), and rezoning from R-1-A Single Family Residential District and R-2 Single-and Two Family Residential District to C-2 Neighborhood Commercial District. PROJECT DESCRIPTION Property Owner: Southland Corp Tax Dept#10391 Applicant: Shane Laakso, Creighton Development Agent: Michael Amodio, KEITH Location: Noorthwest corner of W. Woolbright Rd and S. Seacrest Blvd (see Exhibit "A") Existing Land Use: Low Density and Medium Density Residential (LDR and MDR), and Local Retail Commercial (LRC) Proposed Land Use: Local Retail Commercial (LRC) Existing Zoning: R-1-A Single Family Residential District, R-2 Single- and Two Family Residential District, and C-2 Neighborhood Commercial Proposed Zoning: C-2 Neighborhood Commercial Acreage: 1.05 acre Page 706 of 863 Page 2 7-Eleven 101 W Woolbright LUAR 20-001 Proposed Use: Convenience store and a gasoline station Adjacent Uses: North: Right-of-way for SW 14th Ave; farther north vacant residential property and two developed single-family homes, classified Low Density and Medium Density Residential (LDR and MDR), and zoned R-1-A Single Family Residential District and R-2 Single- and Two Family Residential District; South: Right-of-way for Woolbright Rd; farther south Boynton Beach Memorial Park and Mausoleum, classified Public and Private Governmental/Institutional (PPGI) and zoned PU, Public Usage; East: Right-of-way for Seacrest Blvd; farther east Shell gasoline station, classified Local Retail Commercial (LRC) and zoned C-2, Neighborhood Commercial, and, to the northeast, a developed duplex, classified Medium Density Residential (MDR) and zoned R-2 Single- and Two Family Residential District; and West: A developed commercial (office) property, then Woolbright Farmers Market, both classified Local Retail Commercial (LRC) and zoned C-2, Community Commercial. BACKGROUND The subject 1.05 acre property consists of three parcels, assembled for the proposed redevelopment of the existing 7-Eleven convenience store with an addition of the gasoline station. The store occupies the largest of the three parcels, facing Woolbright Road. The two other parcels, both currently developed with duplexes, front on SW 14th Ave. Along with all the lots on the north side of Woolbright Rd between SW 1St Street and the FEC tracks, the existing convenience store property carries Retail Commercial (LRC) future land use (FLU) and C-2, Neighborhood Commercial zoning. To accommodate the proposed project, the applicant is requesting a future land use map (FLUM) amendment and rezoning, which would extend the LRC classification and C-2 zoning to the two duplex parcels in the northern section of the assembly. The subject parcels are currently under two different residential FLU classifications—Low Density Residential (LDR) and Medium Density Residential (MDR). While the MDR-classified parcel on the corner of Seacrest Blvd and SW 14 Ave is appropriately zoned R-2, Single- and Two Family Residential District, the LDR-classified parcel to the west has split zoning—part of it is zoned R-2, and the other part R-1-A, Single-Family. Only the latter zoning district is consistent with LDR land use classification. Note that the City has a number of parcels with split zoning. This situation may have been 2 Page 707 of 863 Page 3 7-Eleven 101 W Woolbright LUAR 20-001 created in the past through planned area-wide rezonings or through subdivision of properties. The request for the FLUM amendment and rezoning is being processed concurrently with the applications for the Major Site Plan Modification (MSPM) and the Conditional Use (COUS), required for the proposed addition of the gas station (see the corresponding staff report). REVIEW BASED ON CRITERIA The following criteria used to review Comprehensive Plan Map amendments and rezonings are listed in the Land Development Regulations, Chapter 2, Article II, Section 2.13 and Section 2.D.3-. a. Demonstration of Need. A demonstration of need may be based upon changing conditions that represent a demand for the proposed land use classification and zoning district. Appropriate data and analysis that adequately substantiates the need for the proposed land use amendment and rezoning must be provided within the application. As per the Land Development Regulations, the intent of the C-2 conventional zoning district is to "allow low-intensity commercial uses of a retail convenience that are intended to serve and which are in close proximity to individual residential neighborhoods. Generally, the desired locations of these commercial areas would be at the periphery of one (1) or more neighborhoods along roadway classifications that are able to support the additional traffic". The location of the project to be supported by the proposed FLU amendment and rezoning—the intersection of Woolbright Rd, a busy arterial, and Seacrest Blvd, a busy collector—meets these criteria. The area population is growing and the traffic volume on both roadways is projected to increase considerably, amplifying demand for convenience retail. For example, according to the the Palm Beach County 2045 Long Range Transportation Plan, annual growth rates of Woolbright Rd eastbound traffic and Seacrest Blvd northbound traffic at the subject intersection are expected to be 1.24% and 1.4%, respectively. In the short term, the drivers of the growth will be the incoming projects of Riverwalk Plaza and Town Square; on the long term, continuous redevelopment on the US1/Woolbright intersection, spillout redevelopment around Town Square and the potential expansion of Bethesda Hospital will all have a significant impact. Ongoing market trends also support the request. According to new data from retail analytics platform Edge by Ascential's Retail Market Monitor, discount and convenience stores in the U.S. are projected to grow faster than all other offline retail channels over the next five years, reflecting consumers' increased focus on price and speed, even if it means more limited assortment. Non-food discount, food discount and covenience stores are all projected for annual growth rates above 5 percent, whereas all other offline retailers, aside from membership club stores, are projected at annual growth rates of 3 percent or below. However, there is an increased competition between convenience 3 Page 708 of 863 Page 4 7-Eleven 101 W Woolbright LUAR 20-001 stores and other retailers, offering immediacy, convenience, and a fast response to changing consumer tastes. The competitors now include online retailers and delivery services, meeting consumer demands for previously fulfilled primarily by convenience stores. All the above factors are behind the need to transform the property into a modern commercial site. The addition of the two parcels to the existing site may be also deemed warranted by the necessity to meet current commercial land development regulations, such as landscape buffering and screening, that were not on the books in 1960 when the current structure was built. The expansion of the project to the subject parcels will also offset the impact of the Palm Beach County-determined need for the dedication of 30 feet of the property along Woolbright Rd for a future widening of the roadway. b. Consistency. Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be consistent with the purpose and intent of, and promote, the applicable Comprehensive Plan policies, Redevelopment Plans, and Land Development Regulations. Currenly, there is no redevelopment plan for the section of Woolbright Rd west of the FEC tracks. However, the proposed FLU amendment and rezoning can be deem consistent with the general intent of the policies of the Comprehensive Plan's Future Land Use Element which, particularly in recent years, brought a post-great recession focus on economic development and on commercial uses as goods/services providers and job generators: Objective 1.17 The City shall pursue economic development opportunities to support a competitive and diversified economy, and a good quality of life for residents. Policy 1.17.1 The City shall continue to review the Land Development Regulations to improve approval processes and to remove unnecessary hurdles hindering industrial and commercial uses that create jobs, contribute to the tax base, and accommodate market trends.; and Policy 1.17.6 The City shall continue to apply Economic Development Benefits review criteria to all rezoning and Future Land Use Map amendment requests to limit the conversion of industrial and commercial land to other uses. c. Land Use Pattern. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would be contrary to the established land use pattern, or would create an isolated zoning district or an isolated land use classification unrelated to adjacent and nearby classifications, or would constitute a grant of special privilege to an individual property owner as contrasted with the protection of the public welfare. This factor is not intended to exclude FLUM reclassifications and rezonings that would result in more desirable and sustainable growth for the community. 4 Page 709 of 863 Page 5 7-Eleven 101 W Woolbright LUAR 20-001 The proposed FLUM amendment and rezoning would not create an isolated district. As noted in the "Background" section of this report, the existing convenience store property and all lots on the north side of Woolbright Rd between SW 1 st Street and the FEC tracks carry Retail Commercial (LRC)future land use (FLU) and C-2, Neighborhood Commercial zoning. Of these lots west of Seacrest Blvd to SW 1St Street, one is developed with an office use, while the remaining ones are occupied by the Woolbright Farmers Market and the existing 7-Eleven store. The adjacent lots to the north—facing SW 14th Ave—have a single-family R-1-A zoning, except the property on the corner of Seacrest Blvd and SW 14th Ave, and part of its neighboring lot which are under the R-2 zoning. Note that out of the six lots with the R-1-A zoning, four are developed with duplexes, a nonconforming use in this zoning district. One of the two single-family homes is owned by a real estate investment firm. If the subject request is approved and the neighborhood commercial zoning of C-2 is extended from the 7-Eleven property through the block to SW 14th Ave, the project will abut a duplex to the west, and face single-family properties across SW 14th Ave. Appropriate landscape buffering as well as access will be important considerations in minimizing its adverse impact. Staff has impressed the importance of appropriate buffering, and the applicant has responded accordingly in the site plan and landscape design (see the corresponding COUS/MSPM staff report). Given the development activities on and near intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic, redevelopment is likely to expand west along the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block between the Woolbright corridor and SW 14th Ave. d. Sustainability. Whether the proposed Future Land Use Map amendment(FLUM) and rezoning would support the integration of a mix of land uses consistent with the Smart Growth or sustainability initiatives, with an emphasis on 1) complementary land uses,- 2) ses,2) access to alternative modes of transportation, and 3) interconnectivity within the project and between adjacent properties. Interconnectivity will be improved with the addition of pedestrian access from the neighborhood to the north and west. The Palm Tran bus route along Seacrest Blvd ensures access to public transportation, with an improved bus stop. The site plan provides for several sustainable elements of the project (see the corresponding COUS/MSPM staff report). e. Availability of Public Services /Infrastructure. All requests for Future Land Use Map amendments shall be reviewed for long-term capacity availability at the maximum intensity permitted under the requested land use classification. Water and Sewer. Long-term capacity availability for potable water and sewer for the subject request has been confirmed by the Utilities Department. 5 Page 710 of 863 Page 6 7-Eleven 101 W Woolbright LUAR 20-001 So/id Waste. Per the annual assessment issued on January 8, 2019, the Palm Beach County Solid Waste Authority (SWA) determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2049. Drainage. Drainage will be reviewed in detail as part of the site plan, land development, and building permit review processes. Trak. Traffic impact is reviewed as part of the site plan. f. Compatibility. The application shall consider the following factors to determine compatibility.- (1) ompatibility.(1) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning would be compatible with the current and future use of adjacent and nearby properties, or would negatively affect the property values of adjacent and nearby properties, and (2) Whether the proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood and the City as a whole. See response to criterum "c." The LRC future land use and the neighborhood commercial zoning of C-2 requested for the northern section of the proposed expansion of the 7- Eleven property match the current designations of the existing store and all lots facing the north side of Woolbright Rd between SW 1St Street and the FEC tracks. The latter are currently developped with office and retail uses. The requested FLU and zoning district may also match and support the future land uses of the adjacent and nearby properties. Given the development activities on and near the intersections of Seacrest Blvd/ Boynton Beach Blvd and Woolbright Rd/ US 1 and the resultant increase in population and traffic, redevelopment is likely to expand west along the northern side of Woolbright Rd to SW 1St Street, eventually encompassing the block between the Woolbright corridor and SW 14th Ave. If the subject request is approved, the project will abut a duplex to the west and face single-family properties across SW 14th Ave. Appropriate screening and other compatibility-enhancing features as well as the overall improvement of the property would likely prevent the negative impact on the nearby residential property values. The proposed Future Land Use Map amendment (FLUM) and rezoning is of a scale which is reasonably related to the needs of the neighborhood; arguably, it is also consistent with the current development trends along the Woolbright corridor. g. Economic Development Impact Determination for Conventional Zoning Districts. For rezoning/FLUM amendments involving rezoning to a conventional zoning district, the review shall consider whether the proposal would further Economic 6 Page 711 of 863 Page 7 7-Eleven 101 W Woolbright LUAR 20-001 Development Program, but also determine whether the proposal would.- (1) ould.(1) Represent a potential decrease in the possible intensity of development, given the uses permitted in the proposed land use category and/or zoning district; and (2) Represent a potential decrease in the number of uses with high probable economic development benefits. The answer to both questions is "no." The reclassification and rezoning from residential to commercial designation increase the amount of land generating economic development benefits. h. Commercial and Industrial Land Supply,The review shall consider whether the proposed rezoning/FLUM amendment would reduce the amount of land available for commercial/industrial development. If such determination is made, the approval can be recommended under the following conditions.- (1) onditions.(1) The size, shape, and/or location of the property makes it unsuitable for commercial/industrial development; or (2) The proposed rezoning/FLUM amendment provides substantiated evidence of satisfying at least four of the Direct Economic Development Benefits listed in subparagraph "g"above, and (3) The proposed rezoning/FLUM amendment would result in comparable or higher employment numbers, building size and valuation than the potential of existing land use designation and/or rezoning. See response to the previous criterion "g." The subject reclassification and rezoning increases the amount of land available for commercial development. L Alternative Sites. Whether there are adequate sites elsewhere in the City for the proposed use in zoning districts where such use is already allowed. Since the request pertain to expansion of the existing project, criterion "i" does not apply. CONCLUSION/RECOMMENDATION As indicated herein, staff has reviewed the proposed FLU amendment and rezoning and determined that they satisfy the review criteria for the subject applications. Therefore, staff recommends approvals of the subject requests. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Wool bright\LUAR 20-001\LUAR 20-001 7-Eleven 101 W Woolbright Staff Report.docx 7 Page 712 of 863 EXHIBIT A LOCATION MAP SITE I a � 7 U, t his� �" ,• �r_ - - i t} � 4� 1% � (,u'1 fty� �i) ty� .. 1 S 1 ) S; / t •.5p J �,,yytl�� � ��y,t11s1`wJ ,'S f�� � �-.,'.v_1 r S� r - i � - ��� y �S)t� Usk � •�� i 'N�� h 1-.- -_ r } 6 h i sV �. r1r�t's�+kiMPt - �t ����� �� jt��.� r`£,,-`� sr s rJ�'r t t�`;sig t?! Y° - s� \ t tt Mkt t �: c, '.�N Vit, P�s�� `•.-1�4 n 1 w t(�� t Page 713 of 863 EXHIBIT B1 CURRENT FLU CLASSIFICATIONS s r IILDR }}�,�}''A�eii, � f, i l MDR ( {(. f 2 S r. 3 { 2 r f _ a a J J ( � _ t s 1 � r _ z r f: t — s. 1ns11 ilii < i +s - i c}��EI+`,'4�.2� ll s:, $ �'���^�� �� `�,`��...} �"•,t`4 r;}'"1� {ri�+t f r_us4141 �}by;s-�"ttg�� ?3��'{t{ mrrt�i-ea� evtc iii � ,v "� s��:, k 3 `�t'( � - - = _ 1 f� + t , Legend LOW DENSITY RESIDENTIAL(LDR), 7.5 D.U./Acre : { MEDIUM DENSITY RESIDENTIAL(MEDR), 11 D.U./Acre LOCAL RETAIL COMMERCIAL (LRC) q( 1 1 ' PUBLIC& PRIVATE GOVERNMENTAL/INSTITUTIONAL Page 714 of 863 EXHIBIT B2 PROPOSED FLU CLASSIFICATIONS SW 19th Ave --SE-14th-Ave- ,is SE 19th Aves "��\\ d IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII LRC A " d .. w N W Woolbright Rd Legend « , �,,, o� .>.,. I , oE,.�..AE,�oEN.�a< <oA� so ..,�r. �, i MEDIUM DENSITY RESIDENTIAL, Eoa EXHIBIT C1 7-ELEVEN SITE: CURRENT ZONING �t r v rI ,,,�y}�;�,a,7;{((i��!(r,{,r rre�J,�� ��SW 14th Iyl4vea{��s,II � ! �?��. ��y, ,t �r, ,� � �, � SE 11,4th �ID►ve �r r r iq �V SITEIl� C-z ,tA a �f w r 4: ht�..Rd i rs i Is i t t t nM — 4 s „r i' l i s 3 2,` 4 ) ) t s U r- f 4,. f < \y !1 i } 'i :,,.:.y { zs s t r 3 s r,• {i. t,s'�;\ r+)5 {},s tl yi r i,is y1 I ,?%.s 1J ;ty t,;!)iI tI S)t sl, { 1 t {; fit ii lia i.,\•,� s il,%crr s s t fif , t i:_- - S ;( i,,: 1)r i st j„t{� r , ?•,i;`',-:YI}J i t,t S ( {yv s c tll,t S tt ti itr r,ar1 tt ,'S r )\ 5,u, r,,,,f,t,f tI s,+t s - ({ s � .. its\ (;.$+ t ! lN fir;"t,.f{ ,,c r ,tiM i tr vyiS`,:J•'i i ti S(}tU 2, .r`.. S i1,ls Ilr t( (•} t t t i s ti { tt,�„$. /C yfj I! i2i r J t,,a 7 1=, , t lP:,7)St u.{,” st r ,t t ,:�4ri i it ,} i l ys 5���{s,r t ,st } a p i } i, s� (p s is ;f} i t (,,y}, - u it (,,•Ss(t rr t; c 14 Ii}I s ` t ((„_, I st ( ln., {r „i ,t,,, \s ✓ { }-. ,)i i<(;, trr,;, r,its, r4 l}r,zr r t,'��,{ r r. ,u':'J4 t-r l ,f _ 1 Jv',= C{1 Ss s i) }is 1 try,_r it tl t zc sJ rli k s ( 1,�•St.J a} t r f ;:; i, c i s t r ),y.._41 s i t � ri ':4a )r( I s 4 /(tIN s' )r {JF 3s i1r; �t i I) !.i t,, r r}{2{sr yt it t}rts;\�s, �. I Ss'�,�1 2(7 r{t+Ytvi.F�}I ,1'r 1> \ ,lsic,t tyr'j•} ril,tr„r,?'>„`,((,,,,rv= ttwi,'fj„ r�; „ t rs r,; ; r r;,;,',i}r,•,}r,•, ,r, ,,,,,,i},,,}„(,,;,.,js,,,t„rr„+;} If tl aJ)�i I p. n Le @11 d i 4t '�+ { tf r Try s ii_ {r \ 't slit + t ;}�ti � �t ,.`< } ttt t'rr 1\11Iji 1` }st{ljts it+ tr } tJiJs Ss )\ t , lrslr 4{ I!}sir to it'r ' t 3 4s f S1 + { t is_ jil s tl t vt 1 fr�f } f }} {i Jrs II\j r lir, la s 1 ts} tt i t}t .r r f t r 1> t r< �1 I7ltu l 4 \ sr r} tS,ts 1 S G Iist�`11 ri it Ra�rS4 +{i rr rltriit{rir (i{t } I\tli }t trri t4 lts� {jl s'l� -- } t1r r!},�,7v( !yr Irt4 tisr t i�t\�'D R1A Single Family, 6 du/ac �I vt;r y S yr tfirt<s}t {1 (v ) i4 sir( Sr ll} itW14tl17�_. ) � sr tt tit yrtt{fyis si s saS itaj °s3,S , r {rls;Ir , Ilt�h- { S is+ 4a t}a tt1{; a+s'4 j�0 ( 1 {e' � •ark ttvt 1 r+r t Ir R2 Duplex 10 du/ac a sls,s t+ s� t t s rr sr }- 1•'� \1� S7 lrS(! r �- that a,( I qtly r 4j !i!n tl,i)j Srtt+sSi},rrtl>ia) )A t lirA r sf,t �iI} t iij 1 it al y t 1 rs s;, tls ys it `) s r 1t t t s fat tsl s / is i s ) � 7 1 y sit I i � r� C2 Neighborhood Commercial s )Si`ii ( s i } tilt�r I+ I tr - s ti 1st c �l7,1 �Y£ i I77 ,s Slat it rs t1 y tti S 1 tr vtr s i{( 1''.. „Iri I � t tl { f t t P Public Usage r i I r 4,1 la a} Is.t }\ -_rtl rri sltiln f}It ,1�.7 r1 ? �,1 Y ir„ sss tyt S', ,nr �,, ,}r7, 7?} ?n•,?,t tsv, ,'r,';t, i!„?„,,rir §rs 'tS},�1�{ }}{ 11�1'.�. 'i !. rr Page 716 of 863 EXHIBIT C2 7-ELEVEN SITE: PROPOSED ZONING r trr f `'y •s » v„yr ,r,r22}s a' - .`��i)` v t `?is � r f __ v, 1i.._i ( s ss S`y�iy ILh'>V%�� t�J�iki1}t�� m t 4> a C-2 tt ; tt4yi j . �l '6' 44� s h `7� SITE i W Cwt �. y Y/: a �f w r rs i Is i t t t nM — 4 i t,s'�;\ r+)5 {},s tl yl r i,is y1 I ,?%.s i 1J �;ty t,;!)II � tI Stt sl, { 1 t {; fit ii Isa �.,`'.•,� S il,%crr s s t fif ,�t i:_- - S ;( i,,: 1)r i st j„t{� r„,,, ?•,i;`',-:Y I}J i ti t S ( .� {yv s c tll,t S tt I ti itr r,ar1 tt ,'S r )\ 5,u, r,,,,f,t,f tI s,+t s - ({ s� ��.. its\ (;.$+ t fir;"t,.f{ ,,c r ,tiM I tr vylS`,:J•'i i ti S(}tU 2, .r�.. S 11,ls Ilr t( (•} t t t I s ti { tt,�„$. /C yft I! 12S r J t,,a 7 1=, , t lP:,7)St u.{,” � l ,s 5���{s,r t ,st } a p i } i, s� (p s is ;f} i t (,,y}, - u it (,,•Ss(t rr t; c 14 Ii}I s ` t ((„_,t t, ;3,,. rt i j stl+}! t I} I I st ( ln., {r „i ,t,,, \s ✓ { }-. ,)i i<(;, trr,;, r,its, r4 l}r,zr r t,'��,{ r r. ,u':'J4 t-r l ,f _ 1 Jv',= C{1 Ss s i) }Is 1 try,_r it (ty „+,ss }i\ ,( ,i 7 iSit .tar s 1,�•St.J a} t r f ;:; i, c i s t r t,y.-.41 s I t � ri ':4a )r( I { ,a„s r y },,.�{ 4}S is S i t t y�t{c ti i I tf{ y t y is I; t 1» s ;`,tr � (1 t'-, is ; t r ?i� 4 /(tIN s' i I )r {JF 3s i�r�;_ �t i I I) !.i t,, r r}{2{sr i yt it t}rts;\�s, �. I Sr'��,�1 2(7 r{t+Ytvi.F�}I ,1'r 1> \ ,lsic,t tyr'j'•} Sts r r;,;,',I}r,•,}r,•, ,r, ,,,,,,I},,,}„(,,; (s,,,t„rr If tl aJt�i p. n I Le @11 d ,t } tJiJs Ss )\ t , I lrslr 4{ I!}sIr to it'r ' t 3 4s f S1 + { t Is_ jil s tl t vt 1 fr�f } f }} {I Jrs I\j r lir, la s 1 ,s} tt t}t .r r f t r 1> t r< 1 I7ltu l 4 \ sr ,) tSs 1 S G r Iist�`11 ri it Ra�rS4 +{i r` rltriit{rir (i{t } I1711 }t trri t4 lts� {jl s'l� -- } t1r r!},�,7v( !yr Irt4 tisr t i�t\�`D R1A Single Family, 6 du/ac� 1 ....{ (v ) i4`ir( Sr ll} it �'� 17�_. )� � sr tt tit ,rtt{fyis si s saS itaj °s3,S , r {rls;Ir s Iltth- { SIS+ 4a t}a tt1{; a+s'4 j�k ( 1 {e' � •ark kit 1 r+r t Ir R2 Duplex a sls,s t+ s� t t s rr sr }- 1•'� \1� S7 lrS(! r �- that a,( � 10 du/ac I y,1y r 4j !i!n tl,i)j Srtt+sSl}srrtl>ia) )A t lirA r sf,t �iI}� t Iij 1 it al y t 1 rs s;, y sit I I r� C2 Neighborhood Commercial s )Si`ii ( s ; } tilt�r I+ I tr - s ti 1st c �l7,1 �Y£ i I77 ,s Slat it rs t1 y ttI S 1 tr vtr s i{( 1''.. „Iri I � t tl t t rl { f t t PU Public Usage r i itjitt�� 3K” tVv !! 1 + ,'¢ t s is7,i :a +' \;', „; is r t i3 r,4 tt + ) '(,1 a s 1Jt:f tl,u r�,� ,}r7, 7?t ?n•,?,t tsv, ,'r,';t, I!„?„,,rir §rs 'tS l,�l�{ }}{ 11�1'.�. 'i !. Page 717 of 863 8.D. PUBLIC HEARING 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve request for Conditional Use and Major Site Plan Modification (COUS 20-002/ MSPM 20-002) for Southland Corp Tax Dept#1039 to allow redevelopment of an existing convenience store for a new 3,454 sq. ft. convenience store, gas pump islands consisting of six(6) pump stations under a 3,096 sq. ft. canopy, and related site amenities and improvements on a 1.05-acre parcel located at 101 W. Woolbright Road zoned C-3 (Community Commercial). Applicant: Shane Laakso, Creighton Development. (This agenda item has been continued to the May 5, 2020 Commission Meeting.) Explanation of Request: The project consists of the unification of one (1) commercial property to the south currently developed with an outdated, single-story building and two (2) residential properties to the north currently developed with two (2) single-story duplex buildings, to result in a total of 1.05 acres. The principal building on the commercial property is currently occupied by a old 24-hour 7-Eleven Convenience Store with varying non-conformities with current Land Development Regulations. The applicant proposes to redevelop the property with a new and updated 24-hour 3,454 sq. ft. 7-Eleven convenience store and gas station. The Gas Station use requires Conditional Use approval, which is being processed concurrently with the request for Major Site Plan Modification, as well as Land Use Map Amendment and Rezoning of the two (2) residential properties to the north. The Planning and Development Board at the meeting of February 25, 2020 recommended denial of the project with a 4-3 vote. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Page 718 of 863 Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Staff Report Staff Report D Location I\Aap EXHIBITA, 7-Eleven Location I\Aap D Drawings EXHIBIT E. Project Drawings D Addendum EXHIBIT C, Conditional Use Justification D Development Order Development Order Page 719 of 863 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 20-003 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Ed Breese Planning and Zoning Administrator FROM: Luis Bencosme Planner II DATE: February 10, 2020 PROJECT NAME: 7-Eleven 101 W Woolbright Rd COUS 20-001 / MSPM 20-002 REQUEST: Approve request for Conditional Use and Major Site Plan Modification (COUS 20-001 / MSPM 20-002) for Southland Corp Tax Dept #10391, to allow a 3,454 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements, on a 1.05 acre parcel, located at 101 W. Woolbright Road, in a C-2 (Neighborhood Commercial) zoning district. Applicant: Shane Laakso, Creighton Development. PROJECT DESCRIPTION Applicant: Shane Laakso, Creighton Development Property Owner: Southland Corp Tax Dept#10391 Agent: Michael Amodio, Keith Location: 101 W. Woolbright Road Existing Land Use/Zoning: Local Retail Commercial (LRC), Low Density Residential (LDR) and Medium Density Residential (MEDR) / Neighborhood Commercial (C-2), Single-Family Residential (R-1A) and Single- Family and Two-Family Residential (R-2) Proposed Land Use/Zoning: Local Retail Commercial (LRC) / Neighborhood Commercial (C-2) Proposed Uses: Gas Station with convenience store Acreage: 1.05 Acres Page 720 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 2 Adjacent Uses: North: Right-of-way of SW 14th Avenue; further north developed single- family property classified as Low Density Residential (LDR) and zoned R1A (Single-Family), and two-family residential property classified as Medium Density Residential (MEDR) and zoned R2 (Single-Family and Two-Family Residential). South: Right-of-way of W. Woolbright Road; farther south, developed cemetery (Boynton Beach Memorial Park), classified as Public and Private Governmental/ Institutional (PPGI) and zoned PU (Public Usage); East: Developed single-tenant commercial property (Shell Gas station and convenience store), classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial); and West: Developed multi-tenant commercial property, classified as Local Retail Commercial (LRC) and zoned C-2 (Neighborhood Commercial). PROPERTY OWNER NOTIFICATION Owners of properties within 400 ft. of the subject project were mailed a notice of this request and its respective hearing dates. The applicant has certified that signage has been posted and notices mailed in accordance with Ordinance No. 04-007. BACKGROUND/ PROPOSAL The project consists of the unification of 1 commercial property to the south and 2 residential properties to the north, a total of 1.05 acres, in order to expand the commercial property and redevelop it with a new and updated 24-hour 3,454 sq. ft. convenience store and a 3,096 sq. ft. gas station canopy composed of 6 pump stations. The existing commercial property currently has an existing 24-hour 7-Eleven convenience store building that is to be demolished. The applicant has submitted applications for Conditional Use and Major Site Plan Modification, which are being processed concurrently with the Land Use Map Amendment and Rezoning. The gas station use requires Conditional Use approval, and the two residential parcels to the north proposed to be incorporated into the development plan, require changes to their Land Use classification and Zoning designation. STANDARDS FOR EVALUATING CONDITIONAL USES AND ANALYSIS Section 11.2.D of the Land Development Regulations contains the following standards to which conditional uses are required to conform to. Following each of these standards is the Planning and Zoning Division's evaluation of the application as it pertains to each of the standards. In Page 721 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 3 addition, the applicant has submitted a separate detailed justification statement that addresses each of these standards (see Exhibit"C" —Justification Statement). The Planning & Development Board and City Commission shall consider only such conditional uses that are authorized under the terms of these zoning regulations and, in connection therewith, may grant conditional uses absolutely or conditioned upon adherence to conditions of approval including, but not limited to, the dedication of property for streets, alleys, recreation space and sidewalks, as shall be determined necessary for the protection of the surrounding area and the citizens' general welfare, or deny conditional uses when not in harmony with the intent and purpose of this section. In evaluating an application for conditional use approval, the Board and Commission shall consider the effect of the proposed use on the general health, safety and welfare of the community and make written findings certifying that satisfactory provisions have been made concerning the following standards, where applicable: 1. Ingress and egress to the subject property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Currently the subject property does not have safe and functional primary points of ingress/egress and efficient traffic flow and control due to its outdated parking lot design and lack of vehicular traffic control markings. The driveway on the east side of the property is excessively wide as it extends nearly the entire length of the east property line and is too close to the intersection. The driveway is used by motorists to access 4 back-out parking spaces located on the east side of the building, which are not conforming to current off- street parking lot standards or ideal for efficient, convenient and safe traffic circulation. Furthermore, the property has two additional driveways on the south side. One of the driveways is also excessively wide and dangerously close to the intersection, which can result in vehicular movement conflicts entering or exiting the site. According to the new Site Plan, the applicant proposes to reduce the amount and overall width of the driveway openings along W. Woolbright Road from 2 two-way driveways to 1 two-way driveway 35 feet in width, as well as reduce the width of the two-way driveway opening along S. Seacrest Boulevard to 25 feet. Both driveways have been proposed further away from the intersection to enhance the safety of motorists entering and exiting the site. Additionally, 2 two-way drive aisles with clear vehicular traffic control markings have been proposed throughout the site to ensure safety and efficient vehicular traffic control, flow and circulation. The site has existing sidewalks along both S. Seacrest Boulevard and W. Woolbright Road. Sufficient pedestrian access to the site is proposed on the northeast side of the property with the construction of a new walkway leading from the existing sidewalk along S. Seacrest Boulevard and connecting directly to the convenience store entry doors, as well as a new walkway leading from the existing sidewalk along SW 14th Avenue and leading to the store entrance. The convenience store is lined with walkways with a covered bike rack proposed near the building entrance on the east side of the building. 2. Off-street parking and loading areas where required, with particular attention to the items in standard#1 above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole. Page 722 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 4 The minimum parking spaces required for gas stations is calculated at 1 parking space per 250 sq. ft. of gross floor area. The proposed gas station would be required to provide a total of 13 standard parking spaces and 1 accessible parking space as the size of the proposed principal building is 3,454 square ft. The site plan depicts the required 14 parking spaces distributed throughout the site as follows: 10 parking spaces in front of the building including 1 accessible parking space, 3 diagonal parking spaces located near the southeast corner of the site and 1 parallel parking space located next to the air/ vacuum unit. The proposed accessible parking space has been conveniently located in close proximity to the building's front door to allow patrons safe and quick access to the convenience store. The proposed location of the parking spaces would not create or increase the negative effects caused by glare, noise and odor as they have been located away from adjacent properties and have been effectively screened with dense landscaping around the perimeter of the property as required by the City's landscape code. Furthermore, the site plan includes a 12 ft. by 35 ft. loading zone/ dumpster enclosure approach on the northwest side of the building, which does not conflict with traffic flow, as it is separated from the drive aisles. 3. Refuse and service areas, with particular reference to the items in standards 1 and 2 above. A dumpster has been proposed near the northwest corner of the property, and setback approximately 20 ft. from the west and north property lines. Additionally, there is a 6 ft. tall masonry perimeter buffer wall and landscaping to further reduce any impacts to surrounding properties. The refuse area is screened by both an enclosure composed of a 7 foot - 4 inch tall decorative walls and Cocoplum hedge installed and maintained at least half the height of the enclosure walls. Trash would be removed on a standard schedule. Solid waste does not anticipate a significant increase in waste as a result of this application. However, should the waste flow create an issue, the waste pick-up frequency shall be increased to accommodate it. Additionally, a 60 ft. clear area has been provided to ensure efficient trash pick-up, which should not disrupt the flow of traffic in the drive aisles. 4. Utilities, with reference to locations, availability, and compatibility. The City of Boynton Beach Utility Department currently serves the site, and utilities would continue to be available and provided, consistent with Comprehensive Plan policies and City regulations. No additional impacts are anticipated with this application. 5. Screening, buffering and landscaping with reference to type, dimensions, and character. The proposed landscape has been designed with an emphasis on screening, aesthetics, and sustainability through the use of dense, native, drought tolerant plants, as well as a variety of butterfly attracting trees (Glaucous Cassia and Simpson Stopper), shrubs (Firebush and Wild Coffee) and groundcovers (Perenial Peanut, Purple Trailing Lantana, Plumbago, Indian Hawthorne and Coontie). The site is a corner lot surrounded by single-family (R1A) and two-family (R2) residential properties to the north and commercial properties (C2) to the east and south. Additionally, the property abuts a single-family residential (R1A) property and a commercial property (C2) to the west. The adjacent commercial property on the southwest side of the site has a similar zoning designation (C2) as the subject site and would require an Urban Landscape Buffer Type 1 comprised of a continuous hedge of at least 3 ft. in height and one tree spaced every 30 linear ft. The adjacent residential property on the northwest side of the site is zoned Single-Family (R1A), which would require a Buffer Type 3 comprised of a variety of densely planted trees, hedges and shrubs, in combination with an optional buffer wall and/or Page 723 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 5 berm. In order to minimize the impact of the new gas station on adjacent properties, the applicant is proposing a Buffer Type 3 along the entire interior side (west) and rear yard (north) property lines. The buffer has been designed with a 6 ft. tall decorative wall, a variety of densely planted shrubs and groundcover on both sides of the wall, and native large canopy trees, medium size trees and palm trees. Additionally, in order to provide adequate screening along the west side property line, the applicant is proposing to use medium size trees (Sympson Stopper) in lieu of palm trees between the large canopy trees (Live Oak). Additionally, in order to ensure the proposed landscape buffer along the west side of the property is adequate staff has included the following Condition of Approval: At time of inspection of the installed landscaping between the store/ gas station and the residential structures, the applicant shall provide a dense barrier restricting the view between the two. If not, additional landscaping will be required to be installed. The proposed landscape strip along the corner side yard (east) and front yard (south) property lines have been designed to meet the City's Landscape Code requirements for urban landscape strips abutting rights-of-ways. The landscape strip is composed of a variety of native, colorful and flowering plant material on the north side and south side of the entry drive, as well as two signature trees (Glaucous Cassia) on each side of the entry drives. The landscape strip is comprised of a continous, densely planted hedge (Cocoplum); colorful and flowering groundcover (Muhly Grass, Purple trailing Lantana, Indian Hawthorne, Perenial Peanut, Wax Jasmine and Plumbago); and trees (Green Buttonwood and Black Olive). Additionally, staff included the following Condition of Approval to ensure the diagonal parking spaces near the rights-of-ways are screened from view: At time of final inspection of the installed landscaping at the corner of the property designed to screen the 3 parking spaces from the rights-of-way shall provide a dense barrier. If not, additional landscaping will be required. 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties. The property currently has a functioning legal-nonconforming pole sign located on the southeast corner. The applicant has agreed to remove the pole sign and is proposing to install a monument sign near the entry drive on the south side of the site, as well as a second momument sign near the northeast corner of the site. Staff has included a Condition of Approval to ensure the northerly monument sign is placed closer to the entry drive, further from the residential properties. Staff is requiring the monument signs to be designed with similar architectural features, materials and colors as the principal structure. The signs will also include LED digital technology to display regular gas and diesel prices. Although the City code currently prohibit the use of electronic signs, recent legislative amendments prohibit the City from restricting the visibility of signage displaying gas pricing. This preemptive legislative requirement would only apply to pricing and not to other merchandise and other services. Furthermore, 2 internally illuminated wall signs with LEDs have been proposed for the building; a sign located on the south elvevation, facing W. Woolbright Road and another sign on the east elevation, facing S. Seacrest Boulevard. The pump island canopy will include energy efficient LED recessed canopy lighting that will provide proper lumen levels and ensure safety for all gas station pump users. The proposed Photometric Plan shows the installation of 4 light poles. In an effort to diminish the negative impact of glare and light spillage onto surrounding properties, the light fixures will be full cutoff design and pointed towards the inside of the property. According to the Photometric Plan, the light levels will be below the code maximum of 5.9 foot candles and close to 0 around the perimeter of the property. However, the lighting levels underneath Page 724 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 6 the pump island canopy exceed 5.9 foot candles, as additional lumens are allowed for safety associated with credit card transactions. The building will have 7 wall mounted fixtures along the west, south and east facades and 8 ft. long LED batten strip recessed lighting fixtures under the front canopies affixed to the front facade to provide adequate lighting levels immediately around the building and ensure sufficient visibility and safety. The pump island canopy will be illuminated by recessed canopy LED light fixtures, which are designed to prevent glare. Staff has included a Condition of Approval to ensure a note is added to the Photometric Plans that all lighting shall utilize warm white LED lighting. 7. Required setbacks and other open spaces. The gas station building and pump island canopy is proposed to meet or exceed the minimum setback requirements for gas stations on properties zoned C-2. The required and proposed minimum principal building setbacks are: front (south) required 35' — proposed 143.55'; rear (north) required 20' — proposed 20'; side corner (east) required 35' — proposed 40.86'; and interior side (west) required 20' — proposed 72.64'. The required and proposed minimum setbacks for the pump island canopy are: front (south) required 20' — proposed 49.99'; side corner (east) required 20' — proposed 53.51'; and interior side (west) required 20' — proposed 41.78'. 8. General compatibility with adjacent properties, and other property in the zoning district. The convenience store and gas station are generally compatible with the commercial properties along W. Woolbright Road and S. Seacrest Boulevard. The gas station would provide a needed service for local residents and nearby businesses, as well as vehicles traveling west on W. Woolbright Road and south on S. Seacrest Boulevard. The building's modern design is typical of most commercial structures with a mix of smooth stucco painted with two complementary colors, Balanced Beige and Aesthetic White, and split-face blocks painted Balance Beige. Also, the building has a parapet roof design with a transition between high impact EIFs cornice finished with stucco and dark bronze prefinished metal parapet cap to create an interesting transition. The south and east facades have a set of vision glass windows, doors and prefinished eyebrows. The rear facade has been designed appear as building frontage with vertical and horizontal articulation, two faux windows that would have the same appearance as vision glass windows, a pre-finished metal canopy above each window, and a decorative building medallion and high impact EIFs cornice on each side column. The current and outdated 7-eleven convenience store, constructed in 1960, has been providing the neighborhood 24-hour convenience/ grocery services for many years. The new, modern convenience/ grocery store and gas station is intended to continue to operate 24-hours per day. According to the Project Narrative, the store is an integral part of the neighborhood and requires an update in size and services in order to meet the needs of its customers as the City continues to grow. Additionally, the project includes the acquisition of 2 residential lots to the north to ensure the commercial property conforms to the C-2 zoning district minimum required lot depth of 100 feet as Palm Beach County has requested a 30- foot right-of-way easement on the south side of the property for future W. Woolbright Road right-of-way expansion. In order to reduce any potential negative impacts to adjacent residential properties to the west and abutting residential properties north of SW 14th Avenue, the applicant has provided a dense, aesthetically pleasing multi-tiered buffer consisting of palm trees, large and medium size native trees, two staggered rows of shrubs, and a 6-foot tall decorative masonry wall. The applicant has committed to install more mature plants and trees along the north and west property lines at time of planting, if Page 725 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 7 needed, in order to ensure adequate buffering is provided. Also, the building and pump islands have been placed further from the residential properties (more than twice the required interior side setback), with the pump island shielded by the convenience store and landscape buffer. 9. Height of building and structures, with reference to compatibility and harmony with adjacent and nearby properties, and the city as a whole. The convenience store building has been designed as a one-story structure, with varying heights and a maximum height of 20 ft. - 3 in., which is compatible with the height of structures on adjacent and nearby commercial and residential properties. The proposed height is under the maximum allowable C-2 zoning district height of 25 ft. Additionally, the highest point of the pump island canopy is 17.5 ft. 10. Economic effects on adjacent and nearby properties, and the city as a whole. The overall economic effects of the proposed convenience store and gas station uses on adjacent and nearby properties, and the City as a whole, will be minimal, other than the enhanced condition of the property with the upgraded building and site features. Furthermore, the City would benefit from fees associated with building permit applications and certificate of use. It is a local convenience as intended by LRC future land use designation. Additionally, it provides commercial retail services, which support the resident and visitor populations. 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; A mixed use zoning district or redevelopment plan is inapplicable to this project. The project does however remove a dated structure and further enhance the redevelopment of the Woolbright Road corridor. 12. Compliance with, and abatement of nuisances and hazards in accordance with, the performance standards of Chapter 2, Section 4.N. of the City's Land Development Regulations and conformance to the City of Boynton Beach Noise Control Ordinance. The project would not create smoke, odors, fumes, or toxic matter that would negatively impact the neighboring properties. The fueling stations are subject to federal and state safety standards, which provide protections from the nuisances and hazards of fuel. All convenience store activity takes place entirely within the fully enclosed building. As indicated above, the applicant is proposing to screen the site with dense landscape composed of trees and hedges around the perimeter of the property that should be sufficient to prevent noise associated with operations to become an issue. With incorporation of all conditions and staff recommendations contained herein, the proposed use would exist in a manner that is in compliance with the above-referenced codes and ordinances of the City of Boynton Beach. 13. Required sound study and analysis. All conditional use applications for bars, nightclubs and similar establishments shall include the following analysis performed by a certified acoustic engineer. a. Data on the sound emitting devices/equipment and the methods and materials to be used to assure that the acoustic level of the City Code will be met; b. The analysis shall specify the authority and/or basis for determination of the acoustic level of the sound emitting devices/equipment; c. The analysis of any sound retention, reduction or reflection Page 726 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 8 shall include information such as the nature, types and coefficients of sound absorbent and sound-reflecting materials to be used, coatings of the surfaces of ceilings, walls, windows, and floors and insulation to be used; and/or d. It shall also verify that sound standards shall be met during the normal opening of doors for people entering and exiting the establishment. This standard is inapplicable to this Project because there are no proposed uses for bars, nightclubs, and similar establishments. 14. All applications for approval of a new site plan, major site plan modification, or minor site plan modification (resulting in an increase, or replacement, of building square footage by five thousand (5,000) square feet or more), involving multi-family and planned unit residential, non-residential, and mixed use development shall incorporate a sufficient number of sustainable design options from Table 3-1, Sustainable Development Options and Points, to demonstrate achievement of the minimum number of points required below: 1. Multi-family residential development consisting of a minimum of three (3) dwelling units and up to twenty-five (25) shall achieve at least fifteen (15) points. 2. Multi-family residential development consisting of more than twenty-five (25) dwelling units shall achieve at least twenty(20) points. 3. Mixed use and planned unit residential development consisting of a minimum of three (3) dwelling units and up to twenty(20) shall achieve at least fifteen (15) points. 4. Mixed use and planned unit residential development consisting of a minimum of twenty- one (21) dwelling units and up to fifty(50) shall achieve at least twenty(20) points. 5. Mixed use and planned unit residential development consisting of more than fifty(50) units shall achieve at least twenty-five (25) points. 6. Non-residential development of a size less than one (1) acre shall achieve at least twenty(20) points. 7. Non-residential development of a size greater than one (1) acre shall achieve at least twenty-five (25) points. Although not subject to the newly adopted sustainability Regulations due to the building not meeting the minimum 5,000 square foot threshold, the applicant has proposed the following sustainable characteristics: 1. Utilization of warm white LED lighting; 2. Landscape Plan has been designed to utilize 9 different types of butterfly attracting trees, shrubs and groundcovers; 3. Flat roof to be painted white; 4. Utilization of cool light colors for the body of the building; 5. Use of awnings to provide shade over all windows and doors; and 6. All sod and landscape to receive 100% coverage with 100% overlap from an automatic irrigation system using re-use water source. RECOMMENDATION Based on the information contained herein, compliance with development regulations and conditional use standards, staff recommends APPROVAL of this request for conditional use and major site plan modification, subject to satisfying all conditions of approval recommended by staff as contained in Exhibit "D" — Conditions of Approval. Any additional conditions of approval recommended by the Board and required by the City Commission will be placed in Exhibit "D" accordingly. Furthermore, pursuant to Chapter 2, Article II, Section 2.0 Conditional Uses, a Page 727 of 863 7-Eleven COUS 20-001 /MSPM 20-002 Page 9 time limit is to be set within which the proposed project is to be developed. Staff recommends that a period of 18 months be allowed to receive the necessary building permits. S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W. Woolbright\StaffReport_7- Eleven Woolbright Road.doc Page 728 of 863 EXHIBIT A LOCATION MAP SITE I a � 7 U, t his� �" ,• �r_ - - i t} � 4� 1% � (,u'1 fty� �i) ty� .. 1 S 1 ) S; / t •.5p J �,,yytl�� � ��y,t11s1`wJ ,'S f�� � �-.,'.v_1 r S� r - i � - ��� y �S)t� Usk � •�� i 'N�� h 1-.- -_ r } 6 h i sV �. r1r�t's�+kiMPt - �t ����� �� jt��.� r`£,,-`� sr s rJ�'r t t�`;sig t?! Y° - s� \ t tt Mkt t �: c, '.�N Vit, P�s�� `•.-1�4 n 1 w t(�� t Page 729 of 863 dl AH HHN.�3FMJ tl(INOId A1NnOO HOVB9 6NIVd'HOVB9 NO1NA09 d0 AlIO 0989'ON Sl wm'---IE'@P-IIV- N 884E-8HL�bS6) 'S 09 ,(H NMYNO m ro U V, Eb090EE VaIN—'HOV39 ON—Od J o w OVO?l 1H9N9I00M 1S9M 606 021H—noa OIlN—I—l8£ p JO ro m =y BE9'8 S68 NOOHO]HLI d/N H,,,S ° gym h3nl2iy^f�1y^S 3I111II1111w`4I Nb/w�l SdSN/blld ANO/S/A3N:,.i_iw_n�n 31V0 66/E 6/66 31Y0 �°] Y KO Y# 1 V 3/ 33 3-/- 9 h 4 a3 -_ 38 �W p - o Z zaF �o - - 6 oho . - a = - 10 Ho o 0 0 9 __ oz° - - 9 go o'J - 3y; y; 0 0o oo 00 o � jog - "'- _ 33 F 0gm - - H _ - _ g No ° o- 3 10 10 A - g O _ o - o Tp -0p soho o°� w�5LL 0 � - o. Hypo oTT ipU ap ss- -0 Ito Sw - Nom -,0 dU off - - - - - o 0- w-- - 5 Fa a = p= p og o� a -a ppw N0� Qw 10 z z z z z0-'0 31 W° pg Z O o p 0 0. 10 - m0 T, g - 00 po ao E 00 z0 H. owa - Q _s ° 0 = Q w� - -To �� LLso- oST o m010 s0 LU a° Na0LL° �SoON a a° 0 Sa 0- — - Q -og so= 0 w0 - 00 °g° w - - o s opo 0 E00 2 o p i W 0= p - _ - - - b o ° 3 ,0 pw= _ wp rap .2 0 38 o. o�-f'- - - - _ -m-_ � 5 v p 10 po ° o moo o� oo ap- a0 _°p - °° g - -- - _p --_ z Wo_ � - s - �o- - p5 - o. o ~Z _ - gp � o - 5 0. g_ p- 0o = W p - 9o°Qo O -a - - - - QQ _ _oo - o T - -Qw - - - - Eo � N =a so �N �aN p=er w_p°=° oppoawp�aap °s= U) Q dl A90..0-0 F tlO NOIi'A1Nn 0 HOtl396NItld'HOtl39 NOiNA09 i0 Al1O ry 9989'ON eI woa'wea�113 @71!ew eIVW3 Ulf OObE99L(498) ,(HNMCYO m roU tl m £499-oBOEEtlalaol9'HlIll 0111-1 �S ® o J¢ OVO?1iH9N9IOOM06 1S3M 6 021tli\31f108011NM1tl 1Stl3 l0E NOOHOJ3/i �Owin Zm BE99 S68 .oz=..6 37VOS — N =m h3A2jnS 31111(INV]SdSN/'dlld W o� X6£0�# N3A� DD I-J- z AH NOlSN3Nc�rw 3=i�=a�� 66/£6/66 31 YO �m h 11" Yo 3m ,Y Yw � 1� a aZS3aov3s das a.eMm3°i°a"+, avn3lnoa F � m a p ` 3,°0v,. a—as bff£BL 38£8L LOS Mg zb p mss' OLL =m� ,9 oNII—v o 1, " e� Itl d�tltl e w Tof o _ rc� � 3818 tlf m a z J_ o , a " a qq j� Q� 4 a- O a tt "m e aI----------------- a a o o o o ab d 3 — 4'- � – " 9�aoo,a�o �f Nw m o a " d w Ct = 3 ,eNz<< I i 4 e � r a �> 0 p a` d oQ 0 u o „„„° ,BEBEZ MZ�BL LON A A ° T I@ < o °oa I" a o lo LU 7 J m w g ao o a m o z < y y 3 3 x y o z a x x 3 M®o00® 0 O U m Q zo � x z0GoH='oo o'a QUwz�LLw H„ MI—UM do K'oa oa�� O=W M (7 x0¢ Q Qzo -o�Hoz Lu MZ o ow� d o ZOw ,.oww n� WJO0 W d a� LLr _s �Nj=zowao .. �e Lu a loll ¢oo1. w LLQ a �o6N_mNJ= w r0 U) ooo ao Ns`w � pW �9v o ,. O m>—o---- U m o1.11 -o�o u Io a goy �wa ww www wwww ww � g f,� � - �o 5o E�4 o Me t 3 g - G k g k a em �o�' x o z i a as w �> S ao�'.m - - ----- ----- ---- ----- ----- ----- ---- ---- --- ---- -- U ryUOw dJ F Ox y z U wQ3U wQU w� m QUO cai o 1.� <-- OQ O m mG z o - Q o, ao j O GooO m ww Uw zU Q d�G O o.0 0 �QQ Gw wQ o<w w w m G - x o O UQ ~aa -�QQ rU U O mw w' o WDU Gw w Qw u,uO F o wQw a5 o m mww mm -oaa a:IVAA oa ls3aw3s's z z � w N� o= w d x —>w o x >1 M =� = z¢ z w andwz z ma r u,¢ � a1� �o r o= N>� x� -xo �< -. --- aw .. z .zea¢ o - zoa ---_ w� -� a_- w ma a�w a z zw a L` z° »w KO U z O a E- >¢z m O w t@ S6 3 w 459L,VOS of U ° -lam= ° v w° L _J �� zr ..,� w°LL v g M dw Q zw O <U< O w o 03 wp a w z �_ l M � w v°i cio �`� l z~w z I wma w� om¢ o¢z as r° woa woo Z I as °www wiz LU owl' W .� ' ��d i� I zo o° Z �o¢ W m _ , ¢<0 W o 3 I EO I+m O ii a° oI� I, o 0 wo ���ml N m o ol ¢ Sao °'m� w °°m w .zw w� �� ww �; �� ��oz Rww >m mw Ow< �_> �°� � ow .w m< ww�< wiz �Z ado xo� om �o� w �ow� ww as �w OU w ,m iw o¢ °> °a �¢$ ow w o Wao _� <o ° d N mow z dw °° ° a o ¢� pox w w w U U W d 0 O w m j a d K O w w U v Ow m > ami 4> °Q N 3w mod woa ° $� wwN ww� z-- zoo Q¢z <3N �N Q O U m Q �I- o� (7 QUwz""w H� OSQV a wm Z v �aog oaf 3o K��'�'W'z-•arc (J L1JM JO¢ �Qaa N E3LU W a-wLu MZ o o�'� (DaH W o 0>� �' - za0 LL oov Q�� <mo 1, uoa J `o,u o '000 9= W ' am x a �Q m ar m oz om000 N o O� m - FW W o"W U w fou r wm Z a UOQ =m JWOQ ryo 0o I- Q Ohm - waaz > am oG K Oa p C7 _ m a W o z o OX OW Z UOQ aQ Owz > F OG OWW OGS oo oQzomo zU - ZQruj .,m-�.O O OD UOa BOG G O—uo J wGW Q �W War�pG GWU Oam __ IWz OQJ mooO w Fo owW a Qo a~ oUG��oaG o Ga?Uo oOU ooh wW o I m a WG + -~OOW G O ~W <oo wo - �z o � zG h — .l. m F x a Vfh w'J C 1'X3;� h1 a a U —wo �z� w Xo<'(]A'l 3aw3s s J �_ _ - �o ��� _ W O o W— z oo �aa - ��o�s, a zz z d w'==«, la o - 5 Q �o�w ua ooWw x ow� - ao _� �a 3m �> a o�aoQ o o \ �a+� E, www a�aoz x - a<uu<� N� a� oX m Um U z �o o W� + a� w o a oo 'm a uu o o U w d �w H. �a Oo Q am� .o - — - - '` o a %Z a o o o ,wo oma. 2 ao 2XW S zo S S /Z u= z z zwiI alI_of " a-i z s ., O �Y w �vV. , moo. Z QS Q - J' °,, � �z w „ U m u>u a'aa o.{ �I o naso e%z%z +._^ _1 +•_ � j�9, _ _ �r as oma al, zoo �o cD o o El El I N Z UW O >d WQ O W� • Z _ �a o. WWaa t� __ Wm - WW m� Wa SH' OdU a m d ��a UdW �W dJ LLU Uzd d 0 �o Uo W d U�FN �O m� Q� OZ�Wi Xo OWz U „ U Q WWOLL mdU �U - 0 WW o da WW aa< a 1. d o ul z'o Od c9- �xm_xw v WWz U w (uW U �WW U a d W i U U v U m� d o Oa Xo O U m a x OGo = o zQ ac~i wH�' MHOM z� Y� rn OSQV COMM 'd¢ QLLI N WmOn o Hz � o i LLr Lo �o ��Nj=pop wOz� Q LL�g w0 w U w m� wm o 00 LUo � Q�x �Q o WW � U �O y o o.o� WQw < Z w � oQ a U O Q Ohm SOU 01Q> o �z ol zU Qo zo lo— JW z 11 o awe Q< d Q 'ama 1s3MOV36's oQ o.s o �wm z 0o o10 I v I zX 1 dQao O lo 9 o`�� z s� W o :.El oof -------------r _ -_--L zoz o oo 0w =mw w �u� o o 0 00ollJ 11 o u m �= o Z ac�wz�'p�N rn�0a� z x rn O_SQv �mM LU o r m- - zow wm0p o awe Q a LLr _ - �N o=p woz� Q wig � w ate„ ys� wgO� w -o Q o o, om mho - lo lo 'o 'o 'o 'o 'o 'o oow a a � lo lo lo-lo -ol -ol -olj o'-.o caJ O Q Ohm � a v ol �o vN no " tea ° �'pw �alo � - 5 'r'���5p 5 5N8o a€° 5 �o alp^o p ,���a 5 ap�� -JpoE pG w p�� g � > v N d rc k t c _ vF.K ma Y oo mog p Un 0� 0� Otttt m'oQo 0 m s o H o gw� ma O00 � Qoo s �£ wogowg s o�° g=� =g� o a a Qo� Qa= a z�_ zw �; iNmola.,Dz Ism M M M LU w a « ° � o _ _ 1 a Po�a �c W a q-1 n o . uj 1 � w � a oy m� x I €e o >v N R E g ' OZOZ/6/6a1e0 031t101ONl Sl3A3l ONI1HOIl 03NItl1NItlW O e g &C _ 0310N SV 1H013H ONI1Nf10W _ l3'4�ea9 uoluFo9'Pnl9 Isa��eaS 9 P?J 146uQIooM a� °§e a`w' suMeMwMr:jaub!sa0 160 W 3JOISNBA313-L a Mom IM Emma 0 0 0 0 0 0 10 0 i o w N 1 N N N N N N N N N N 3 .. . . 1� 0 0 0 co� .1 w 3 w z' . 0 .0 N . o 0 10 10 r o 0 00E o o I Do o . 0 .0❑ LL 0o ro - CN .- U M o rx � - L �cu 10 � U LL VJ N I I U N O (6 U — Q .��, sia nie�d siaau� 3 s;oa;Rlo� NVId 2100 xz Sa nraai tt4 /.� //'J - oe y CD (Lot) 00[699(LOO d "0 11 HOV38 NO-08 I3'opne[rp aains'avoaniawiHoeiom�e _V1,a1SN00 NO1H0131e0e l &OQ HOV39 NO1NAO9-NIATI z O H U H U Z O U O V � O FFr –� O o uow o EU e C� 9 `'V ° ° O �� VT � o Tl Tl Tl F7 1-1 1 001 m m 0 J -_ a- 0 a — Q` — a .e Q� s +My✓�a Moroi siacnieId s.i331TI&z3 s;oajajo.xv SNOUVA3l3 2jORj31X3 r. i?y 10�6�99Qot)a y« '0 0 00[6-[99 QOb)d +eeee�d'waoo ddvo �d'1—v NO-08 o{ p a '� ''` Q acadilns'avoa aN—dNIdms 0' as iNo1_0-wI b[8Z5'I3'opne�.rp anV l,adsoid IZ61 1SNOO NO1H013bO HOV39 NOAA09-NIA313-L 0 w I I o i 0 I o LL l - I _ I � I I I I I III I F Wm I H I i; sl L S' o z I 1 I( oa z o<Zo JI oPo. �I I _ + o �w I 1 WIJ i- o� I II I F- lu -W W W � I W J LU.o O I� ,Ho W`i LL C ' LL JN C ;.ANO N M � - g O � Wield s.iaauffz3 s;aa;Rlo� SNOUVAIII 2jORj31X3 ion--i?y eta IOI6-I99(LOO d * a Mo 00[6-199(LObOd geese r, `3 rd'HOV38 NoiNnoe b ISZ£'Id-OPuelTO acaaiins'avoa aNensiawdms ooe as iHoiaeroom�o� yr �z _ Q _1 l,adsoid IZ6I 1SNOO WiH`JII?jo HOV39 NO1NAO9-N3AT]L A7M, p w L V Jc LU r% 3 - - a -dddw wLL..LLd N C w a� J it LU Wa ¢ o a wo ww J -. t w w w (n J Z a ¢ O z �a 0 F �a LL LL W F- ¢ 0 a F- F- ~ Q a ; C w 0 WWm W [, J Q Yw Yw W w U Fa mN C . H1. LL 2 0 LL L ? I w J� LL F- �- F-, s =w z O a_�� a f o� o m 0 0 H 0 (DZ o } o oo 0 0 z z U w = w r. > z_o w w 4, J J-\ W^ w 7 �— —� Z Z X � I`��":. W o 1 ` 1 LL LL �I:. ¢ W W CC � O L •�;: W rz v a a a ° �, r W--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 2 ---- — a E a n ——— — ——— CIA-19 1S32iOV3S'S z -- — --- ———— — — l w - O� LU Lu o �. i ru LU PO�Oo1p'opo�� 4 .Q, �m w m e.❑'` CD M. o °oI I , � { i? {�o m,cT.ro dY W YAC � W W a v Cu &i --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 7 \\ \ El \ is \ \\ � ;P De m 00' »»: \ �cw: > _ . . . &: : -LCR ) \ z \:m. 2: ( \�\ \ \\ \�\}\ ,f \ \\\\\ : wo ow \ \w\�10\ §[[\ \ _ ` \ , \ O�w}w \ \ j \ � > /)§\/ ! : r '911111'1 i�If�Pi �o�iu l ,I,III�,o� I-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 0 - o 0 0 oz° $ ozO ow5 v i w N _ roa o zoo o°NJ qq4'i t la +rtltS�t 'F -\ t�il ` lti�i{ `i'ijR_ z33 wz 2E W m W .. o =z 1 - x wF3 ¢ z wr z W ❑~ 2� Q JJ 3 O OZ� U zz w w ¢ U ¢ w w z 'r' '10 ww awx ❑ ao jo - ❑ wom W WUp w O K . Jp - Z ❑ J X0 a - W �NK y Jww Ua = ¢ z 0 w Fw U¢ ¢ U x w xQ - W� ID n CR z d ❑ >¢ W o z❑w� ddH�P,E Q J '`'.. °wz =dViH013H XHW.b/lL-S ww❑Y w a ¢ Sl3NHd(131SO?J 1HN011dO z z 00 2 co 0' 43a=3?J N3HMAlNO Kz o m z mLL �U w - - ¢ w W c Jwww v HZw ULLUw �❑�wz - �z ¢ { _ ¢wa zU C7mo w 0 O ❑ - 3~ujzw x o -.-- Uy❑Uy w ❑zJ_w x ria {- x �WHW z� m <n �¢ o> - ❑oc7m< ZZ.o> -y r rw i wO �. EiEww0° wrwj Z zm ` -\ �}}a Ja�zo caz a S M l\fits\S ++ f ��z Qfo °� a oO �10 �j t �Q�oa ❑m i" ,�wz w 4 - � '(r+ t ¢❑Y w az m ���i�i}hurl 1 1 rl� t�} w <❑< a °c' 1S4 �}sl a��i4 s �w w¢ lw <<i #ttsCi'diCitt},i+,\1\ zll w o p x¢ a ¢w¢❑ gra gra m on,:ailol yzwz > 0 w 3zls Ino z o¢,w 0 13 NI8H0 L/l-,l z r id) a92¢ � ... „� � a a .. � 7 0 r Ritz fi ti ANA 1 NMI a T� a n 1 z: w, 9 AF 4 E ; t� w _ . - - i CIL AYE amm oot I �i ti W r a w _ i� r�--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- o o E o x C C C 6 co N (D M ® W N N !A!A h� y W a 7 V U W Q si W � J > o E 0 ro 0.- Z N z wz N y w> r F 00 r zo - y o a w U ❑ w w N = w. a eR� I � ❑ w ry ❑ w d z d ❑ U 2 De Q J -- Z' N > Z H Z ttw mx U W N_ y« Z N Q Z 0 3 J rr>a �U N w U N N W W Z N -L z z m 0 Q F.pn H of U d t7 h u zm N z Nz w C w ow ° a z o mLL > 00 w U _- N --- -- ---- 2 U Z 3 W z o So a ❑w ¢ � N I U z ❑ w s. ❑z J w w � = x WN Nz d O z Z >Z Zw d ~ ❑ ?y s) rr>a ¢m w w 0 U .- K U N ro W p ~ H x ❑ w NM LM m = ��� w N zN z�� a °� wC mww 0 ❑ 0 11w Uz m c7 z 0 w N N - w <L----------------- e`Oa N O m ❑ .N p w' M g Z C7 0 x F Y � m M a UU =LL O om ow z ❑ 0 pw z ww c II zww z om N De m - f NHd°8/9 6L O N a mo [Y N ❑ ;� IO'i°8 w dJ 3ZIS 1f1O°8/E bE w�I z U m p Q N 3 W 13N18HO m 0< ❑ Q M a O J L� HHO°0-B 0 ❑J oN M w _ J -w y y y w tt J ❑ M #f!0 ❑ Z Lj N W wzzc mLL o00 Jzww WQ (7Z m - #r, t> ❑ z O p L +:Q ❑z (De m 0 K ~ ~N ¢= r� �w ¢ m p��� W 3 0 OU "." to O Z m eFY ❑ LL Q❑ ui za wJ0 e ;zw 40 Q Z O~ 'Z #f! W fMO'� 0 N LL❑Z z 0 ❑ rt N X W ❑Y U I www „ U w w m w > _a r w o r s N _ -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 21 Q — _ U U c c U N O =i W - 2 CJ 00 tld� W 2 W (� LL m q 9 > ar y w a N Nw rn o o � FS { o J a vi wzwx z z�m en Z W M 77 N Z 4 z Z W _ a 2wzl W O O "Vlll'u' 'iliitlpll� cWil1011ffYiS!"p LL a z U 0 a oFZ w zaw_ w s a U Z N ttwzw z o ¢�oa zx0o w U v W LU m r 4 3O iHai 9 a �ro�o M 0004 nu3Y �� it Ua�a 0 w p a�s UU w NHd:.b/EOL U w o a a� 0. in 4 m �x 0 W 'O'A::EL ii O m 3ZIS ino::8/L EL 3�ma a'a' c �' 1 z 'z r ' MS 00 ° ? P,E 9-,bl 0-,E 9-,bl N lHO bL rmva ;mn as _ HHO.9-,Ll � IHHO.9-dl � Cu &i r<7] KEITH November 27, 2019 Edgar Breese Planning & Zoning Administrator Development, Planning & Zoning 3301 Quantum Blvd., Suite 101 Boynton Beach, Florida 33426 RE: 7-ELEVEN (#10391) CONDITIONAL USE PERMIT — STANDARDS FOR EVALUATING CONDITIONAL USES Mr. Breese, On behalf of the 7-Eleven, Inc. ("Applicant"), KEITH is pleased to submit this letter as part of the conditional use application for a property located at 101 W. Woolbright Road (the "Subject Property"), which is being filed concurrently with a Land Use Plan Amendment/Rezoning Application and a Site Plan Application. The Subject Property consists of (3) folios: • 08434528130120210 — 101 W. Woolbright Road • 08434528130120010 - 104 SW 14th Avenue • 08434528130120030 — 112 SW 14th Avenue Site Information The Subject Property totals approximately 45,741.51 gross square feet (1.05 +/- acres) located on the northwest corner of W. Woolbright Road and S. Seacrest Boulevard in the City of Boynton Beach, FI. The commercial parcel currently contains a 2,786 sq. ft. convenience store without gasoline sales, associated parking, and minimal landscaping. The residentially zoned properties are each developed with a single-family home or duplex. From Woolbright Road, the site is accessible through an existing 55-foot wide driveway and an additional 25-foot driveway, approximately 17 feet west of the 55-foot driveway. Both driveways along Woolbright allow right-in/right-out traffic movements. On Seacrest Boulevard, the site is accessible from an existing, right-in/right-out 66-foot wide driveway. An existing pylon sign is located at the intersection. Future Land Use and Zoninq The Subject Property contains multiple zoning and land use designations - Neighborhood Commercial (C-2) and R-2 Single and Two-Family Residential (R-2) zoning and Local Retail Commercial (LRC) and Medium Density Residential (MEDR) land use. The applicant has submitted a separate, concurrent Land Use Plan Amendment/Rezoning Application to amend the residential properties' land use and zoning to a land use and zoning that will allow for the proposed conditional use. Proposed Development The Applicant proposes to redevelop the Subject Property with a new 3,454 square foot convenience store and a gas canopy with six fuel pumps, a total of 12 fueling positions. To buffer adjacent Corporate Office Miami-Dade County Broward County Palm teach County Orange County 301 E Atlantic Blvd 2160 NW 82 Ave 2312 S Andrews Ave 120 N Federal Hwy 321 N Crystal Lake Drive Pompano Beach Doral Fort Lauderdale Suite 208 Suite 208 Page 746 of 863 FL 33060 FL 33122 FL 33316 Lake Worth,FL 33460 Orlando,FL 32803 954.788.3400 305.667.5474 954.788.3400 561.469.0992 954.788.3400 November 27, 2019/Page 2 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses residential uses, the Applicant proposes a six foot masonry wall with tiered landscaping along the north and west property lines. This creates an aesthetically pleasing, significant buffer for properties along Harding Avenue. The project will reduce the number of driveway access points along Woolbright Road and reduce the width of the driveway along Seacrest Boulevard. The driveway improvements will provide a safer traffic pattern for motorist and pedestrians. Conditional Use Standards The City of Boynton Beach's Land Development Code allows gasoline stations as conditional uses within the C-2 zoning district. The proposed use complies with all of the Conditional Use criteria found in Chapter 3, Article IV, Section 4.0 of the Boynton Beach Land Development Regulations ("Section 4.0"). A summary of each standard, followed by a discussion of how it is met, is set forth below: Standard 1. Ingress and egress to the Subject Property and proposed structures thereon, with particular reference to automobile and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe. Finding 1: The Subject Property is currently developed with a convenience store, associated parking, and minimal landscaping. Large existing curb-cuts (two along Woolbright and one along Seacrest) are located close to the intersection of Woolbright Road and Seacrest Boulevard. This creates increased opportunity for both vehicle/vehicle conflict and vehicle/pedestrian conflict. Existing perimeter landscaping separating vehicle use areas from the pedestrian network is essentially non-existent due to the existing driveway widths accounting for the majority of both site frontages. The Subject Property does not accommodate Palm Beach County's ultimate Right-of-Way for Woolbright Road. When the full ROW is provided, the County will be able to enhance traffic flow adjacent to the site. The proposed redevelopment of the site includes the demolition of the existing convenience store structure and the construction of a new convenience store with a fuel pump canopy and 12 fueling positions. As required by Palm Beach County, the Applicant is dedicating 30 feet of ROW along the Woolbright Avenue frontage to accommodate the arterial's ultimate ROW width. This dedication significantly reduces the width of the convenience store parcel to only 92' and dramatically limits the ability to utilize the Subject Property. To increase the size of the site and enhance automobile and pedestrian safety, and traffic flow and control, the Applicant acquired the two contiguous residential properties to the north. The combination of the three lots allowed for improved automobile maneuvering, pedestrian safety and improves traffic flow as part of the redevelopment. The proposed redevelopment will reduce the number of existing driveways along Woolbright from two to one. In addition to the reduction in the number of driveway openings, the width of the driveways will be reduced from approximately 50 feet to 35 feet. The new curb cut will be shifted away from the intersection by an additional 80 feet. Where the existing driveway is 40 feet away from the intersection, the proposed driveway will be 120 feet away. Further, the width of the existing driveway to Seacrest Boulevard will be reduced from approximately 66 feet to 25 feet. The proposed driveway location will be located further from the intersection (approximately 100-feet compared to the existing 40 feet). The proposed reduction in the number of driveway openings, the reduced width of the driveways, the increased distance of the proposed driveway locations from the intersection, the Engineering Inspited Design, Page 747 of 863 November 27, 2019/Page 3 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses longer throat distance, and the larger site entrance vehicle circulation all significantly reduce the opportunity for potential vehicle/vehicle and vehicle/pedestrian conflict as well as provide for better traffic flow and control and access in case of fire or catastrophe. Standard 2: Off-street parking and loading areas where required, with particular attention to the items in subsection C.1. above, and the economic, glare, noise, and odor effects the conditional use will have on adjacent and nearby properties, and the city as a whole; Finding 2: The proposed site plan improves the site's off-street parking and loading configuration in conjunction with the enhanced traffic safety as described in C-1, above. The new parking spaces are located further from the egress/ingress points of both rights-of-way, providing safer vehicular access and circulation within the site. Proposed loading areas are located away from parking areas to limit conflict with proposed business operations. Additionally, the loading zone is located as far as possible from adjacent residential uses and is significantly buffered with a wall and landscaping. The site is developed with a 6-foot wall and substantial tiered landscaping, providing a substantial buffer for adjacent properties which further minimizes glare and noise. This limits any adverse impact of proposed site operations. Lighting associated with the parking and loading areas is both sensitive to adjacent properties and is also intended to provide a safe, CPTED-supportive condition for customers fueling vehicles and walking between the pumps and convenience store. The lighting plan accomplishes this by utilizing full-cutoff, baffled light fixtures, that are angled as necessary to direct light to the desired locations while minimizing undesirable light externalities. The project proposes a modern state-of-the-art underground storage tank to safeguard against any potential environmental impact or and odor. The conditional use as proposed provides no additional impact beyond any use allowed by right within the C-2 zoning district, and in many cases limit impacts due to the enhanced design and buffering. Uses allowed within C-2 by-right include: restaurants, coin-operated laundry, repair/rental/maintenance of home garden tools, Auto/Car Detailing, Automotive Minor Repair, Automotive Stereo/Alarm Installation. Standard 3. Refuse and service areas, with particular reference to the items in subsection C.1. and C.2. above; Finding 3: The refuse area is located behind the proposed building which facilitates access for refuse trucks without creating conflicts or onsite safety concerns. The proposed refuse area will limit impacts on adjacent properties as compared to existing conditions. The Applicant proposes a six-foot wall and tiered landscaping to provide an opaque buffer between the properties which will offset any potential impact caused by the refuse container. Standard 4. Utilities, with reference to locations, availability, and compatibility; Finding 4: Utilities are available and provide sufficient capacity for the proposed development. Water Service - The existing 2-inch water main that presently services the site is proposed to be used to service the proposed site, with the existing water meters being relocated to the east property line. Sewer Service - A proposed 6-inch gravity sewer lateral is proposed to be connected to the existing 8-inch gravity sewer main along the south side of SW 14th Avenue. Engineering Inspited Design, Page 748 of 863 November 27, 2019/Page 4 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses Drainage - Storm water runoff shall be collected in an on-site dry retention area, which will provide storm water storage and water quality treatment. No off-site discharges are proposed. Standard 5. Screening, buffering and landscaping with reference to type, dimensions, and character; Finding 5: The proposed use will provide significantly enhanced screening, buffering and landscaping as compared to existing conditions, and beyond that required for a use by right. North and West Property Buffering The Applicant is providing a substantial buffer to minimize potential impacts to the residential properties to the north and west of the site. This includes a buffer system comprised of a wall and tiered vegetation that exceeds code requirements. The vegetation includes native canopy trees of varying heights and other vegetation to create a dense, tiered landscape screen along the edge of the Subject Property. The tree portion of the buffer will provide a dense shield above the wall. Along SW 14th Avenue, at the rear of the Subject Property, a continuous native hedge and drought tolerant groundcover will be planted in front of the wall to improve its aesthetics as well as provide for sound absorption. The wall and vegetation system is also extended along the interior property line to the south end of the fuel canopy. This extension provides the maximum buffer for adjacent properties and provides significantly more shielding and buffering than the existing conditions on the site. The plant material will be installed at larger than code required specifications to ensure that adequate screening occurs at installation. East and South Property Landscaping The ingress and egress of the Subject Property is marked by signature flowering shrubs and plants that support butterfly ecology. The south buffer along Woolbright Road consists of existing native trees and proposed canopy trees. A continuous hedge with groundcover completes the landscape. Florida Privet hedges will screen the dumpster enclosure and layered shrubs are used to soften the foundation area of the building. This provides an enhanced aesthetic along this significant roadway. Standard 6. Signs, and proposed exterior lighting, with reference to glare, traffic safety, economic effect, and compatibility and harmony with adjacent and nearby properties; Finding 6: The signs and exterior lighting have been designed to provide safe and clear wayfinding and site safety while limiting any potential impacts to nearby properties. Signs The proposed signage will be sited appropriately to minimize impacts to the surrounding neighborhood and will be designed consistent with the City's land development code. All proposed signage and lighting will comply with the City's requirements as outlined in the Land Development Regulations. Lighting The Applicant has designed lighting, as shown by a photometric plan, such that no light trespass at the property line exists, particularly along the north and west property lines. The lighting will be full cut-off style directing light in a downward direction, rather than outward, minimizing light spillage to adjacent properties. Pole mounted lighting was sited to allow Engineering Inspited Design, Page 749 of 863 November 27, 2019/Page 5 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses adequate lighting of the site while minimizing impacts to adjacent properties through angled fixtures and by using fixtures with baffles that limit the direction of the light. Further, the buffer wall and vegetation block light between the site and adjacent properties. The building and the buffer wall with vegetation are sited between the canopy and residential properties to the north and block all visual impact of canopy and its minimal lighting. Standard 7. Required setbacks and other open spaces; Finding 7: The proposed building and gasoline canopy is setback from the right-of-way and from adjacent property lines as required by the City's Land Development Code requirements. The proposed landscape design exceeds the amount of required interior landscape required. Standard 8. General compatibility with adjacent properties, and other property in the zoning district; Finding 8: The Woolbright Road corridor is an arterial roadway that is primarily developed with commercial buildings. Seacrest Boulevard is a collector roadway and is generally developed with residential development, except at key intersections within the city that are commonly developed with commercial and institutional establishments. The intersection of Woolbright and Seacrest is one of these key intersections and it is currently developed with commercial and institutional development. The property directly to the east of the Subject Property is developed with a service station, which demonstrates that service stations are appropriate for the area. Woolbright Road has direct accessibility to and from 1-95. Therefore, a service station serves the demand generated by the high traffic along this arterial roadway. The proposed convenience store use is consistent with the existing use on the Subject Property which has been a fixture within the neighborhood for nearly 60 years. Convenience store and gas station uses are common and complimentary to each other. The project proposes landscape compatibility buffers that exceed minimum code requirements by providing an Urban Landscape Barrier between 15' and 20' with tree plantings installed at mature size. Gasoline Stations are permitted as a conditional use in the C-2 zoning district, subject to further use restrictions set forth by Article IV, Section 3, C(46). This section provides location requirements limiting Gasoline Stations to properties located at three-way or four-way intersections involving arterial and collector road rights-of-way. The intersection of Woolbright and Seacrest is one of these intersections. According to the Palm Beach County 2010 Federal Functional Classification and Urban Area Boundaries Map, Woolbright Rd is classified as a Minor Arterial and Seacrest Blvd is classified as a Minor Collector Roadway. Given the designated classification and current development patterns along Woolbright Rd and Seacrest Blvd, this property is an appropriate location for the proposed use. Standard 9. Height of buildings and structures, with reference to compatibility and harmony to adjacent and nearby properties, and the city as a whole; Finding 9. The proposed building is one-story, and it is replacing a one-story building. The surrounding commercial and residential area is comprised of low-elevation single-story commercial and residential structures. The proposed building and structures are consistent with the surrounding area. Standard 10. Economic effects on adjacent and nearby properties, and the city as a whole; Engineering Inspited Design, Page 750 of 863 November 27, 2019/Page 6 of 6 7-Eleven(#10391)Conditional Use Permit Standards for Evaluating Conditional Uses Finding 10: The proposed uses (Gasoline Station with accessory convenience store) provide services that support the neighborhood and area tourism. The service support of this proposed development therefore will be likely more valuable than the existing development, which would increase tax revenues for the City. Further, given the design and development plan, there are no negative impacts to surrounding properties as discussed elsewhere in this letter. Standard 11. Where applicable, the proposed use furthers the purpose and intent of a corresponding mixed-use zoning district or redevelopment plan; and Finding 11: Not applicable. The Subject Property is proposed to be developed in a commercial zoning district. Standard 12. Compliance with and abatement of nuisances and hazards in accordance with the operational performance standards as indicated in Chapter 3, Article IV, Section 1 and the Noise Control Ordinance, and City Code of Ordinances Part 11, Chapter 15, Section 15-8. Finding 12: The proposed development is compliant with the operational performance standards in Chapter 3, Article IV, Section 1. The proposed development will be constructed, maintained and operated so as not to be a nuisance or hazard to persons, animals, vegetation or property located on adjacent or nearby properties or rights-of-way; or to interfere with the reasonable use or enjoyment of adjacent or nearby property. The proposed development will comply with all federal and state regulations for gas stations and convenience stores, which shall ensure that all nuisance and potential hazards shall be avoided. Engineering Inspited Design, Page 751 of 863 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 7-Eleven 101 W Woolbright Rd (MSPM 20-002 /COUS 20-001) APPLICANT: Shane Laakso, Creighton Development APPLICANT'S ADDRESS: 900 SW Pine Island Road #202, Cape Coral, FL 33991 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 7, 2020 APPROVAL SOUGHT: Request for approval of Conditional Use and associated Major Site Plan Modification for the construction of a gas station to include a 3,454 sq. ft. convenience store, a 3,096 sq. ft. gas station canopy composed of six (6) pump stations, and related site amenities and improvements. LOCATION OF PROPERTY: 101 W. Woolbright Road DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant _ HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "D" with notation "Included." 4. The Applicant's request is hereby _ GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\7-Eleven 101 W.Wool bright\MSPM20-002 COUS 20-001 DO.doc Page 752 of 863 8.E. PUBLIC HEARING 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Ordinance No. 20-007- Second Reading - Establishing the Boynton Beach Community Redevelopment Agency (CRA) sunset date and a)dending the time certain for the completion of projects described in the Community Redevelopment Plan. Explanation of Request: In September of 2014, at the recommendation of the CRA, the City of Boynton Beach clarified that the time certain for the CRA to sunset is September 30, 2044, 60 years from the date the original redevelopment plan was adopted. As a result of the 2019 legislation that amended the CRA statutes, the Sunset Date for the CRA automatically reset to September 30, 2039, unless the City of Boynton Beach approves the continued existence of the CRA beyond this date by majority vote (see attached CRA Statute CS-1-1139). On February 11, 2020, the CRA adopted the attached Resolution No. 2020-02 as the CRA's formal recommendation to the City of Boynton Beach that the City of Boynton Beach readopt the Sunset Date of September 30, 2044, as previously selected by the City of Boynton Beach. 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 753 of 863 ATTACHMENTS: Type Description D Ordinance Ordinance Establishing CRA Sunset date D Attachment CRA Statute CS-HB9 D Attachment CRA Resolution R20-02 Page 754 of 863 I ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, ESTABLISHING A SUNSET DATE FOR THE 5 BOYNTON BEACH COMMUNITY REDEVELOPMENT 6 AGENCY (CRA); PROVIDING FOR REPEAL OF ALL 7 ORDINANCES IN CONFLICT, SEVERABILITY; AND AN 8 EFFECTIVE DATE. 9 10 11 12 WHEREAS, in September, 2014, the City Commission approved Ordinance 14-026 13 clarifying that the time certain for the CRA to sunset is September 30, 2044, 60 years from the 14 date the original redevelopment plan was adopted; and 15 16 WHEREAS, as a result of the 2019 legislation that amended the CRA statutes, the 17 Sunset Date for the CRA automatically reset to September 30,2039,unless the City of Boynton 18 Beach approves the continued existence of the CRA beyond this date by majority vote; and 19 20 WHEREAS, the City Commission finds that it is necessary to establish the sunset date 21 to a time certain to make the Community Redevelopment Plan consistent with the Florida 22 Statutes; and 23 24 WHEREAS, the City Commission has held a public hearing after public notice in 25 conformance with the requirements of the Act. 26 27 WHEREAS,pursuant to Florida Statute 163.3755 , a community redevelopment agency 28 in existence on October 1, 2019, shall terminate on the expiration date provided in the agency's 29 charter on October 1, 2019, or on September 30, 2039, whichever is earlier, unless the governing 30 body of the county or municipality that created the community redevelopment agency approves its 31 continued existence by a majority vote of the members of the governing body; and 32 33 WHEREAS, if the governing body of the county or municipality that created the 34 community redevelopment agency does not approve its continued existence by a majority vote 35 of the governing body members, a community redevelopment agency with outstanding bonds 36 as of October 1, 2019, that do not mature until after the termination date of the agency or 37 September 30, 2039,whichever is earlier,remains in existence until the date the bonds mature; 38 and 39 40 WHEREAS, a community redevelopment agency operating under this subsection on 41 or after September 30, 2039, may not extend the maturity date of any outstanding bonds. The 42 county or municipality that created the community redevelopment agency must issue a new 43 finding of necessity limited to timely meeting the remaining bond obligations of the community 44 redevelopment agency; and 45 46 1 S:ACA\Ordinances\Re-Adopting CRA Sunset-Ordinance.Docx Page 755 of 863 47 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 48 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 49 50 Section 1: The WHEREAS clauses set forth above are adopted herein as findings of fact. 51 52 Section 2: This Ordinance establishes a sunset date for the CRA of September 30, 2044. 53 54 Section 3: This Ordinance amending the sunset date of the Community Redevelopment 55 Plan conforms to Section 163.361, Florida Statutes, as amended. 56 57 Section 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. 58 59 Section 5: Should any section or provision of this ordinance or any portion hereof, any 60 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such 61 decision shall not affect the remainder of this ordinance. 62 63 Section 6: This Ordinance shall take effect immediately upon passage. 64 65 FIRST READING this day of , 2020. 66 67 SECOND, FINAL READING AND PASSAGE this day of 68 , 2020. 69 70 CITY OF BOYNTON BEACH, FLORIDA 71 72 YES NO 73 74 Mayor— Steven B. Grant 75 76 Vice Mayor—Justin Katz 77 78 Commissioner—Mack McCray 79 80 Commissioner—Christina L. Romelus 81 82 Commissioner—Ty Penserga 83 84 85 VOTE 86 ATTEST: 87 88 89 Crystal Gibson, MMC 90 City Clerk 91 92 (Corporate Seal) 2 S:ACA\Ordinances\Re-Adopting CRA Sunset-Ordinance.Docx Page 756 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 1 2 An act relating to community redevelopment agencies; 3 amending s . 112 . 3142, F. S . ; requiring ethics training 4 for community redevelopment agency commissioners; 5 specifying requirements for such training; amending s . 6 163 . 356, F. S . ; revising reporting requirements; 7 deleting provisions requiring certain annual reports; 8 amending s . 163 . 367, F. S . ; requiring ethics training 9 for community redevelopment agency commissioners; 10 amending s . 163 . 370, F. S . ; requiring a community 11 redevelopment agency to follow certain procurement 12 procedures; creating s . 163 . 371, F. S . ; requiring a 13 community redevelopment agency to publish certain 14 digital boundary maps on its website; providing annual 15 reporting requirements; requiring a community 16 redevelopment agency to publish the annual reports on 17 its website; creating s . 163 . 3755, F. S . ; providing 18 termination dates for certain community redevelopment 19 agencies; creating s . 163 . 3756, F. S . ; providing 20 legislative findings; requiring the Department of 21 Economic Opportunity to declare inactive community 22 redevelopment agencies that have reported no financial 23 activity for a specified number of years; providing 24 hearing procedures; authorizing certain financial 25 activity by a community redevelopment agency that is Page 1 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 757 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 26 declared inactive; providing applicability; providing 27 construction; requiring the department to maintain a 28 list on its website identifying all inactive community 29 redevelopment agencies; amending s . 163 . 387, F. S . ; 30 specifying the level of tax increment financing that a 31 governing body may establish for funding the 32 redevelopment trust fund; effective on a specified 33 date, revising requirements for the use of 34 redevelopment trust fund proceeds; limiting allowed 35 expenditures; revising requirements for the annual 36 budget of a community redevelopment agency; revising 37 requirements for use of moneys in the redevelopment 38 trust fund for specific redevelopment projects; 39 revising requirements for the annual audit; requiring 40 the audit to be included with the financial report of 41 the county or municipality that created the community 42 redevelopment agency; amending s . 218 . 32, F. S . ; 43 revising criteria for finding that a county or 44 municipality failed to file a report; requiring the 45 Department of Financial Services to provide a report 46 to the Department of Economic Opportunity concerning 47 community redevelopment agencies reporting no 48 revenues, expenditures, or debts; providing an 49 effective date . 50 Page 2 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 758 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 51 Be It Enacted by the Legislature of the State of Florida: 52 53 Section 1 . Section 112 . 3142, Florida Statutes, is amended 54 to read: 55 112 . 3142 Ethics training for specified constitutional 56 officers, elected municipal officers, and commissioners .- 57 (1) As used in this section, the term "constitutional 58 officers" includes the Governor, the Lieutenant Governor, the 59 Attorney General, the Chief Financial Officer, the Commissioner 60 of Agriculture, state attorneys, public defenders, sheriffs, tax 61 collectors, property appraisers, supervisors of elections, 62 clerks of the circuit court, county commissioners, district 63 school board members, and superintendents of schools . 64 (2) (a) All constitutional officers must complete 4 hours 65 of ethics training each calendar year which addresses, at a 66 minimum, s . 8, Art . II of the State Constitution, the Code of 67 Ethics for Public Officers and Employees, and the public records 68 and public meetings laws of this state . This requirement may be 69 satisfied by completion of a continuing legal education class or 70 other continuing professional education class, seminar, or 71 presentation if the required subjects are covered. 72 (b) Reff-_____~iS T,~iaaLay 1, r17iT All elected municipal 73 officers must complete 4 hours of ethics training each calendar 74 year which addresses, at a minimum, s . 8, Art . II of the State 75 Constitution, the Code of Ethics for Public Officers and Page 3 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 759 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 76 Employees, and the public records and public meetings laws of 77 this state. This requirement may be satisfied by completion of a 78 continuing legal education class or other continuing 79 professional education class, seminar, or presentation if the 80 required subjects are covered. 81 (c) Beginning January 1, 2020, each commissioner of a 82 community redevelopment agency created under part III of chapter 83 163 must complete 4 hours of ethics training each calendar year 84 which addresses, at a minimum, s . 8, Art . II of the State 85 Constitution, the Code of Ethics for Public Officers and 86 Employees, and the public records and public meetings laws of 87 this state. This requirement may be satisfied by completion of a 88 continuing legal education class or other continuing 89 professional education class, seminar, or presentation, if the 90 required subject material is covered by the class . 91 (d) The commission shall adopt rules establishing minimum 92 course content for the portion of an ethics training class which 93 addresses s . 8, Art . II of the State Constitution and the Code 94 of Ethics for Public Officers and Employees . 95 (e) +e+ The Legislature intends that a constitutional 96 officer or elected municipal officer who is required to complete 97 ethics training pursuant to this section receive the required 98 training as close as possible to the date that he or she assumes 99 office . A constitutional officer or elected municipal officer 100 assuming a new office or new term of office on or before March Page 4 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 760 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 101 31 must complete the annual training on or before December 31 of 102 the year in which the term of office began. A constitutional 103 officer or elected municipal officer assuming a new office or 104 new term of office after March 31 is not required to complete 105 ethics training for the calendar year in which the term of 106 office began. 107 (3) Each house of the Legislature shall provide for ethics 108 training pursuant to its rules . 109 Section 2 . Paragraphs (c) and (d) of subsection (3) of 110 section 163 . 356, Florida Statutes, are amended to read: 111 163 . 356 Creation of community redevelopment agency.- 112 (3) 113 (c) The governing body of the county or municipality shall 114 designate a chair and vice chair from among the commissioners . 115 An agency may employ an executive director, technical experts, 116 and such other agents and employees, permanent and temporary, as 117 it requires, and determine their qualifications, duties, and 118 compensation. For such legal service as it requires, an agency 119 may employ or retain its own counsel and legal staff. 120 (d) An agency authorized to transact business and exercise 121 powers under this part shall file with the governing body the 122 report required pursuant to s . 163 . 371 (1) , ei;i eL= lee€eLae MaLael;i ;31 123 e f- e a TyeaLa, a Lt- e fm ; t s _ et-; it-i e sfm eL= t-IR_ je- --e e i i;i S 124 #i seal yc��w�i�;bra-s� ,,r�T lm�iEke-a e ,- moial 125 sst-a t=effreii 4= s e t tag €e Lat-Ii its s ass e4�s, Ti alei4�ies, ire-effre, ai;im Page 5 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 761 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 127 tie f fm i l i ii tf 44re— L=4�, 44�e—aa e ii e y rl mTpilisi3iii a- 128 - 128 iiewspapeL= efm geiie-Lalcir ctrl-a4�i eiziii iTre—e i4�y a iieiee 4�e 129 44re—e�fmee4� 44e i L=4� iraslec eii fmi1 eel wi44� 4��ee e is 4�y e-- 13 0 ffilc�i i4�y -ai El 44 a4� 44re—rhe~= ; l alel e—€eL= ---s -c t i--- 131 F1T; e,isaz ess iroiiLas in 44re 6��i-ee 6fm rre e-leLa} 6fm rre e- L= 132 e e ii n 4�y eeff�Fft±ssien an(4 in 44re—e�E f-i e e e��h�. 133 (e) {4} At any time after the creation of a community 134 redevelopment agency, the governing body of the county or 135 municipality may appropriate to the agency such amounts as the 136 governing body deems necessary for the administrative expenses 137 and overhead of the agency, including the development and 138 implementation of community policing innovations . 139 Section 3 . Subsection (1) of section 163 . 367, Florida 140 Statutes, is amended to read: 141 163 . 367 Public officials, commissioners, and employees 142 subject to code of ethics .- 143 (1) The officers, commissioners, and employees of a 144 community redevelopment agency created by, or designated 145 pursuant to, s . 163 . 356 or s . 163 . 357 are :slime subject to 146 fi r-ems-in s--aim - tia Vement—s ef part III of chapter 112, and 147 commissioners also must comply with the ethics training 148 requirements as imposed in s . 112 . 3142 . 149 Section 4 . Subsection (5) is added to section 163 . 370, 150 Florida Statutes, to read: Page 6 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 762 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 151 163 . 370 Powers; counties and municipalities; community 152 redevelopment agencies .- 153 (5) A community redevelopment agency shall procure all 154 commodities and services under the same purchasing processes and 155 requirements that apply to the county or municipality that 156 created the agency. 157 Section 5 . Section 163 . 371, Florida Statutes, is created 158 to read: 159 163 . 371 Reporting requirements .- 160 (1) By January 1, 2020, each community redevelopment 161 agency shall publish on its website digital maps that depict the 162 geographic boundaries and total acreage of the community 163 redevelopment agency. If any change is made to the boundaries or 164 total acreage, the agency shall post updated map files on its 165 website within 60 days after the date such change takes effect . 166 (2) Beginning March 31, 2020, and not later than March 31 167 of each year thereafter, a community redevelopment agency shall 168 file an annual report with the county or municipality that 169 created the agency and publish the report on the agency' s 170 website . The report must include the following information: 171 (a) The most recent complete audit report of the 172 redevelopment trust fund as required in s . 163 . 387 (8) . If the 173 audit report for the previous year is not available by March 31, 174 a community redevelopment agency shall publish the audit report 175 on its website within 45 days after completion. Page 7 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 763 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 176 (b) The performance data for each plan authorized, 177 administered, or overseen by the community redevelopment agency 178 as of December 31 of the reporting year, including the : 179 1 . Total number of projects started and completed and the 180 estimated cost for each project . 181 2 . Total expenditures from the redevelopment trust fund. 182 3 . Original assessed real property values within the 183 community redevelopment agency' s area of authority as of the day 184 the agency was created. 185 4 . Total assessed real property values of property within 186 the boundaries of the community redevelopment agency as of 187 January 1 of the reporting year. 188 5 . Total amount expended for affordable housing for low- 189 income and middle-income residents . 190 (c) A summary indicating to what extent, if any, the 191 community redevelopment agency has achieved the goals set out in 192 its community redevelopment plan. 193 Section 6 . Section 163 . 3755, Florida Statutes, is created 194 to read: 195 163 . 3755 Termination of community redevelopment agencies .- 196 (1) A community redevelopment agency in existence on 197 October 1, 2019, shall terminate on the expiration date provided 198 in the agency' s charter on October 1, 2019, or on September 30, 199 2039, whichever is earlier, unless the governing body of the 200 county or municipality that created the community redevelopment Page 8 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 764 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 201 agency approves its continued existence by a majority vote of 202 the members of the governing body. 203 (2) (a) If the governing body of the county or municipality 204 that created the community redevelopment agency does not approve 205 its continued existence by a majority vote of the governing body 206 members, a community redevelopment agency with outstanding bonds 207 as of October 1, 2019, that do not mature until after the 208 termination date of the agency or September 30, 2039, whichever 209 is earlier, remains in existence until the date the bonds 210 mature . 211 (b) A community redevelopment agency operating under this 212 subsection on or after September 30, 2039, may not extend the 213 maturity date of any outstanding bonds . 214 (c) The county or municipality that created the community 215 redevelopment agency must issue a new finding of necessity 216 limited to timely meeting the remaining bond obligations of the 217 community redevelopment agency. 218 Section 7 . Section 163 . 3756, Florida Statutes, is created 219 to read: 220 163 . 3756 Inactive community redevelopment agencies .- 221 (1) The Legislature finds that a number of community 222 redevelopment agencies continue to exist, but do not report any 223 revenues, expenditures, or debt in the annual reports they file 224 with the Department of Financial Services pursuant to s . 218 . 32 . 225 (2) (a) A community redevelopment agency that has reported Page 9 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 765 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 226 no revenue, no expenditures, and no debt under s . 189 . 016 (9) or 227 s . 218 . 32 for 6 consecutive fiscal years beginning no earlier 228 than October 1, 2016, must be declared inactive by the 229 Department of Economic Opportunity, which shall notify the 230 agency of the declaration. If the agency does not have board 231 members or an agent, the notice of the declaration of inactive 232 status must be delivered to the county or municipal governing 233 board or commission that created the agency. 234 (b) The governing board of a community redevelopment 235 agency that is declared inactive under this section may seek to 236 invalidate the declaration by initiating proceedings under s . 237 189 . 062 (5) within 30 days after the date of the receipt of the 238 notice from the Department of Economic Opportunity. 239 (3) A community redevelopment agency that is declared 240 inactive under this section may expend funds from the 241 redevelopment trust fund only as necessary to service 242 outstanding bond debt . The agency may not expend other funds in 243 the absence of an ordinance of the local governing body that 244 created the agency which consents to the expenditure of such 245 funds . 246 (4) The provisions of s . 189 . 062 (2) and (4) do not apply 247 to a community redevelopment agency that has been declared 248 inactive under this section. 249 (5) The provisions of this section are cumulative to the 250 provisions of s . 189 . 062 . To the extent the provisions of this Page 10 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 766 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 251 section conflict with the provisions of s . 189 . 062, this section 252 prevails . 253 ( 6) The Department of Economic Opportunity shall maintain 254 on its website a separate list of community redevelopment 255 agencies declared inactive under this section. 256 Section 8 . Paragraph (a) of subsection (1) , subsection 257 ( 6) , paragraph (d) of subsection (7) , and subsection (8) of 258 section 163 . 387, Florida Statutes, are amended to read: 259 163 . 387 Redevelopment trust fund.- 260 (1) (a) After approval of a community redevelopment plan, 261 there may be established for each community redevelopment agency 262 created under s . 163 . 356 a redevelopment trust fund. Funds 263 allocated to and deposited into this fund shall be used by the 264 agency to finance or refinance any community redevelopment it 265 undertakes pursuant to the approved community redevelopment 266 plan. No community redevelopment agency may receive or spend any 267 increment revenues pursuant to this section unless and until the 268 governing body has, by ordinance, created the trust fund and 269 provided for the funding of the redevelopment trust fund until 270 the time certain set forth in the community redevelopment plan 271 as required by s . 163 . 362 (10) . Such ordinance may be adopted 272 only after the governing body has approved a community 273 redevelopment plan. The annual funding of the redevelopment 274 trust fund shall be in an amount not less than that increment in 275 the income, proceeds, revenues, and funds of each taxing Page 11 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 767 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 276 authority derived from or held in connection with the 277 undertaking and carrying out of community redevelopment under 278 this part . Such increment shall be determined annually and shall 279 be that amount equal to 95 percent of the difference between: 280 1 . The amount of ad valorem taxes levied each year by each 281 taxing authority, exclusive of any amount from any debt service 282 millage, on taxable real property contained within the 283 geographic boundaries of a community redevelopment area; and 284 2 . The amount of ad valorem taxes which would have been 285 produced by the rate upon which the tax is levied each year by 286 or for each taxing authority, exclusive of any debt service 287 millage, upon the total of the assessed value of the taxable 288 real property in the community redevelopment area as shown upon 289 the most recent assessment roll used in connection with the 290 taxation of such property by each taxing authority prior to the 291 effective date of the ordinance providing for the funding of the 292 trust fund. 293 294 However, the governing body ef aiciy eeic �t-y as elefiicleel 295 5 . 11 ;1; may, in the ordinance providing for the funding of a 296 trust fund established with respect to any community 297 redevelopment area erea4ee eia ,_f4T�4i-mil , 1994 ,- determine 298 that the amount to be funded by each taxing authority annually 299 shall be less than 95 percent of the difference between 300 subparagraphs 1 . and 2 . , but in no event shall such amount be Page 12 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 768 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 301 less than 50 percent of such difference . 302 ( 6) Effective October 1, 2019, moneys in the redevelopment 303 trust fund may be expended zr-effi 4�ire 4�e 4�iffie for undertakings of 304 a community redevelopment agency as described in the community 305 redevelopment plan only pursuant to an annual budget adopted by 306 the board of commissioners of the community redevelopment agency 307 and only for the f—e , ewii t purposes specified in paragraph (c) .7- 308 c) .- 308 3iie1iaellia t- ii et- liffi; t-r cc el t-e= 309 (a) Except as otherwise provided in this subsection, a 310 community redevelopment agency shall comply with the 311 requirements of s . 189 . 016 . 312 (b) A community redevelopment agency created by a 313 municipality shall submit its annual budget to the board of 314 county commissioners for the county in which the agency is 315 located within 10 days after the adoption of such budget and 316 submit amendments of its annual budget to the board of county 317 commissioners within 10 days after the adoption date of the 318 amended budget ai::�el eiTe' ___ ____ _ 319 3�re-i dei:: �e e-r-ceeffeft:��im-1' - ---- - ---j ------- 320 14m-an a4ejet-e4 le ___ 321 (c) The annual budget of a community redevelopment agency 322 may provide for payment of the following expenses : 323 1 . Administrative and overhead expenses directly or 324 indirectly necessary to implement a community redevelopment plan 325 adopted by the agency. Page 13 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 769 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 326 2 .+19} Expenses of redevelopment planning, surveys, and 327 financial analysis, including the reimbursement of the governing 328 body or the community redevelopment agency for such expenses 329 incurred before the redevelopment plan was approved and adopted. 330 3 .+e+ The acquisition of real property in the 331 redevelopment area. 332 4 .+e+ The clearance and preparation of any redevelopment 333 area for redevelopment and relocation of site occupants within 334 or outside the community redevelopment area as provided in s . 335 163 . 370 . 336 5 .+e+ The repayment of principal and interest or any 337 redemption premium for loans, advances, bonds, bond anticipation 338 notes, and any other form of indebtedness . 339 6 .+€+ All expenses incidental to or connected with the 340 issuance, sale, redemption, retirement, or purchase of bonds, 341 bond anticipation notes, or other form of indebtedness, 342 including funding of any reserve, redemption, or other fund or 343 account provided for in the ordinance or resolution authorizing 344 such bonds, notes, or other form of indebtedness . 345 7 .+e} The development of affordable housing within the 346 community redevelopment area. 347 8 .+]F±* The development of community policing innovations . 348 9 . Expenses that are necessary to exercise the powers 349 granted under s . 163 . 370, as delegated under s . 163 . 358 . 350 (7) On the last day of the fiscal year of the community Page 14 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 770 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 351 redevelopment agency, any money which remains in the trust fund 352 after the payment of expenses pursuant to subsection ( 6) for 353 such year shall be : 354 (d) Appropriated to a specific redevelopment project 355 pursuant to an approved community redevelopment plan. The funds 356 appropriated for such project may not be changed unless the 357 project is amended, redesigned, or delayed, in which case the 358 funds must be reappropriated pursuant to the next annual budget 359 adopted by the board of commissioners of the community 360 redevelopment agency w1iie1i piae�eet- will lee let-eel wit-Iiii-, Z� 361 y e a is s Tr-efft t-Iie ekr4e—e m� sm_rel;i - _ _ i - _ -i t i--- 362 (8) (a) Each community redevelopment agency with revenues 363 or a total of expenditures and expenses in excess of $100, 000, 364 as reported on the trust fund financial statements, shall 365 provide for a financial -ate audit of- 4�1;�e 4�L-dst fetid r each fiscal 366 year aiiel a iaepeiat- efm siael;i ai}elit- t-e = picepaiceel by an independent 367 certified public accountant or firm. Each financial audit 368 conducted pursuant to this subsection must be conducted in 369 accordance with rules for audits of local governments adopted by 370 the Auditor General . 371 (b) The audit Siael;i report must : 372 1 . Describe the amount and source of deposits into, and 373 the amount and purpose of withdrawals from, the trust fund 374 during such fiscal year and the amount of principal and interest 375 paid during such year on any indebtedness to which increment Page 15 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 771 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 376 revenues are pledged and the remaining amount of such 377 indebtedness . 378 2 . Include financial statements identifying the assets, 379 liabilities, income, and operating expenses of the community 380 redevelopment agency as of the end of such fiscal year. 381 3 . Include a finding by the auditor as to whether the 382 community redevelopment agency is in compliance with subsections 383 ( 6) and (7) . 384 (c) The audit report for the community redevelopment 385 agency must accompany the annual financial report submitted by 386 the county or municipality that created the agency to the 387 Department of Financial Services as provided in s . 218 . 32, 388 regardless of whether the agency reports separately under that 389 section. 390 (d) The agency shall provide 15 V_S-s4eL—e mai— a copy of 391 the audit report to each taxing authority. 392 Section 9 . Subsection (3) of section 218 . 32, Florida 393 Statutes, is amended to read: 394 218 . 32 Annual financial reports; local governmental 395 entities .- 396 (3) (a) The department shall notify the President of the 397 Senate and the Speaker of the House of Representatives of any 398 municipality that has not reported any financial activity for 399 the last 4 fiscal years . Such notice must be sufficient to 400 initiate dissolution procedures as described in s . Page 16 of 17 CODING: Words s#4&q are deletions; words underlined are additions. hb0009-03-er Page 772 of 863 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ENROLLED CS/1-1139, Engrossed 1 2019 Legislature 401 165 . 051 (1) (a) . Any special law authorizing the incorporation or 402 creation of the municipality must be included within the 403 notification. 404 (b) Failure of a county or municipality required under s . 405 163 . 387 (8) to include with its annual financial report to the 406 department a financial audit report for each community 407 redevelopment agency created by that county or municipality 408 constitutes a failure to report under this section. 409 (c) By November 1 of each year, the department must 410 provide the Special District Accountability Program of the 411 Department of Economic Opportunity with a list of each community 412 redevelopment agency that does not report any revenues, 413 expenditures, or debt for the community redevelopment agency' s 414 previous fiscal year. 415 Section 10 . This act shall take effect October 1, 2019 . Page 17 of 17 CODING: Words s#4eq are deletions; words underlined are additions. hb0009-03-er Page 773 of 863 RESOLUTION NO. A RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY TO RECOMMEND THAT THE CITY OF BOYNTON BEACH READOPT AND EXTEND THE TIME CERTAIN FOR THE COMPLETION OF PROJECTS DESCRIBED IN THE COMMUNITY REDEVELOPMENT PLAN AND THE TERMINATION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida enacted Part III of Chapter 163, Florida Statutes, (The Community Redevelopment Act of 1969, referred to as "The Act"); and WHEREAS, the City Commission of the City of Boynton Beach, Florida ("City Commission"), pursuant to the Act, created the Boynton Beach Community Redevelopment Agency("CRA"); and WHEREAS, the City Commission, pursuant to the Act, has previously adopted and amended the Community Redevelopment Plan; and WHEREAS, the areas of Boynton Beach described in the Community Redevelopment Plan, as it has been amended from time to time, remain blighted as defined in the Act, and that the rehabilitation, conservation or redevelopment, or combination thereof, of such areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the City of Boynton Beach; and WHEREAS, all community redevelopment agencies are subject to a the time certain by which the community redevelopment agency must complete all redevelopment financed by increment revenues and terminate ("Sunset Date"); and WHEREAS, on September 9, 2014, pursuant to Chapter 163, Florida Statutes, the Board of the Boynton Beach Community Redevelopment Agency ("Board") passed a resolution recommending the City extend the Sunset Date of the CRA until September 30, 2044; and WHEREAS, on September 9, 2014, the City Commission voted to accept the CRA resolution to extend the CRA's Sunset Date until September 30, 2044, and to send all required notices to taxing authorities; and WHEREAS, on September 16 and September 30, 2014, the City Commission read, held a public hearing on, and adopted Ordinance No. 14-026 to amend the Community Redevelopment Plan to clarify and establish that the Sunset Date is September 30, 2044; and 01240268-3 Page 774 of 863 WHEREAS, on September 30, 2014, the City Commission approved Resolution No. R- 14-095, declaring and confirming that the areas within the CRA district remain slum and blighted and otherwise met the Chapter 163 criteria for inclusion within a CRA District; and WHEREAS, the Community Redevelopment Plan was most recently updated in 2016, the adoption of which did not alter the September 30, 2044, Sunset Date of the CRA; and WHEREAS, the Legislature of the State of Florida enacted certain changes to the Act, which changes became effective October 1, 2019 (the "2019 Legislation"); and WHEREAS, effective October 1, 2019, Section 163.3755,Florida Statutes,provides that unless extended by the governing body of the municipality that created the CRA, the CRA shall terminate September 30, 2039; and WHEREAS, as of September 30, 2019, the Sunset Date of the CRA remained September 30, 2044; and WHEREAS, the Board desires for the City Commission to readopt the City Commission's previous decision to extend the Sunset Date of the CRA to September 30, 2044; WHEREAS, pursuant to the 2019 Legislation, the CRA will automatically terminate on September 30, 2039,unless the City Commission acts to extend the Sunset Date; and WHEREAS, the Board finds that it would be beneficial to extend the Sunset Date in order to readopt the decision previously made by the City Commission, and to make the Community Redevelopment Plan consistent with the bonds issued to fund the CRA, the increment revenue funding for the CRA, and the projects described in the Community Redevelopment Plan; and WHEREAS, the Board has determined that this resolution is for a proper purpose and in the best interests of the CRA, the City of Boynton Beach and its residents; NOW THEREFORE, BE IT RESOLVED BY THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY BOARD THAT: Section 1: The recitals set forth above are adopted herein as findings of fact. Section 2: The Board recommends the City Commission readopt and extend the Sunset Date of the CRA to be September 30, 2044, which will be exactly 60 years after the end of the fiscal year in which the initial community redevelopment plan was approved pursuant to City of Boynton Beach Ordinance No. 84-32. Section 3: The Sunset Date of September 30, 2044 for the termination of the CRA, and for completing all redevelopment financed by increment revenues, conforms to the Act as amended by the 2019 Legislation. 01240268-3 Page 775 of 863 Section 4: This Resolution shall take effect immediately upon passage, and shall be transmitted to the City of Boynton Beach for action pursuant to Section 163.3755, Florida. Statutes. FIRST and FINAL READING this_day of ma 020. Bo x ionIII Redevelopment Agency Chair—Steven ant k 9? . Vice Chair—Justi, Boyd Memetuna Rory I -.1 Jrd Membef ack � ray Board Member Ty Penserga 01240268-3 Page 776 of 863 9.A. CITY MANAGER'S REPORT 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Approve the Boynton Beach COVI D-19 Small Business Relief Grant Program and allocate $60,000 ($42,000 remaining in the Commercial Grant Program and $18,000 from Community Enrichment Funds) to provide direct financial relief, to small businesses located within the City of Boynton Beach. Explanation of Request: The City of Boynton Beach budgets $54,000 each year to provide local Boynton Beach businesses with rent reimbursement and commercial interior build-out grants. Those funds are broken down into two rent reimbursement grants for a maximum of$12,000/grant and two commercial interior build-out grants for a ma)amum of$15,000/grant. A$12,000 rent reimbursement grant has already been dedicated for a local business in FY 19-20, making the remaining $42,000 (reallocated from Business Incubator Grant funding) available to dedicate to provide financial relief to business impacted by COVI D-19. If reallocated, the $42,000 will no longer be available for originally budgeted purposes. The Community Enrichment Fund is funded by Christ Fellowship on an annual basis and is intended to be used for community based programs that increase the quality of life for the residents of Boynton Beach. The City recognizes that small businesses have suffered substantial economic loss due to the COVI D-19 pandemic. I n response to the economic impact on our businesses, the City proposes the creation of a Boynton Beach COVI D-19 Small Business Relief Grant Program in the amount of $60,000 (funds will provide 20, $3,000 grants).This grant will be awarded on a first-come-first serve-basis to qualified businesses and provide reimbursement for monthly rent/mortgage, payroll and utility expenses. The grant period is from April 1, 2020 until the Stay- at-home Order is lifted or the end of the fiscal year, whichever occurs first. How will this affect city programs or services? Create the Boynton Beach COVID-19 Small Business Relief Grant Program and allocate $60,000 ($42,000 remaining in the Commercial Grant Program and $18,000 from Community Enrichment Funds) to provide direct financial relief, to small businesses located within the City of Boynton Beach. Fiscal Impact: Budgeted $60,000 ($42,000 remaining in the Commercial Grant Program and $18,000 from Christ Fellowship funds) Account#001-2419-559-49.68 Account#691-5000-590-01-34 Alternatives: Do not approve the creation of the Boynton Beach COVID-19 Small Business Relief Grant Program. Page 777 of 863 Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action: No Climate Action Discussion: Is this a grant? Yes Grant Amount: $42,000 ATTACHMENTS: Type Description D Attachment City of Boynton Beach Small Business Relief Program Page 778 of 863 City of Boynton Beach Small Business Relief Grant Program Overview The City of Boynton Beach recognizes that small businesses have suffered substantial economic loss due to the COVID-19 pandemic. In response to the economic impact on our businesses, City of Boynton Beach's Department of Economic Development and Strategy budgeted $60,000 and created the Small Business Relief Grant Program. This grant will be awarded on a first-come- first serve-basis and provide reimbursement for monthly rent/mortgage, payroll and utility expenses. Eligible businesses are encouraged to apply immediately. The grant period is from April 1, 2020 until grant funds are expended. Program Goal To provide direct financial relief, in the form of grants, to small businesses located within the City of Boynton Beach. Amount $3,000 Eligibility Requirements • Must be located within the City of Boynton Beach city limits • Must be a privately held for-profit business with between 2-50 employees or sole proprietor • Must have an active City of Boynton Beach Business Tax Receipt (BTR) and Certificate of Use & Occupancy (CO) with the City • Your business must have been established prior to March 9, 2020 • Must be able to demonstrate a loss of revenue (income) due to COVID-19 • If applicable, must indicate the number of employees that were either furloughed or laid off due to COVID-19. • Businesses within the CRA District are eligible for funding under this program • If a business is currently or has received a Rent Reimbursement Grant from the CRA, they would not be eligible for the rent reimbursement portion offered under this grant • Any funds expended prior to April 1, 2020 are ineligible for grant funding Eligible Uses Grant funds may be used for one of the following options: • Rent or mortgage payments • Payroll expenses • Utility payments Page 779 of 863 What You'll Need to Apply • Copy of current/active City of Boynton Beach Business Tax Receipt and Certificate of Use & Occupancy • A description of the impact of COVID-19 on your business— must demonstrate loss of revenue (income). Must include supporting financial statements (bank statements, accounting documents, etc.) • Proof of monthly payroll, rent/mortgage, or utility payments (i.e. copies of the front and back of cancelled checks for respective month's reimbursement or proof of direct deposit) A copy of the Business Lease or mortgage must be provided as proof for rent/mortgage reimbursement. For utility payments applicant must include a copy of their utility bill within the City limits. • Completed Boynton Beach Business Assessment Survey (*Boynton Beach Business Assessment Survey) • All supporting documentation must be in the same name as the Business Tax Receipt Grant Funding Options Applicants must select one of the following options for possible grant funding: Rent/Mortgage Payment Reimbursement Guidelines This grant will provide financial assistance in the form of rent/mortgage payment reimbursement up to $3,000. This grant will operate on a first-come-first serve basis and reimburse businesses based on rent or mortgage payments paid. Tier 1 If your monthly rent/mortgage is or exceeds $3,000—you will receive one (1) payment of $3,000. Tier 2 If your monthly rent/mortgage is between $1,500 -$2,999—you will receive two (2) payments of$1,500. Tier 3 If your monthly rent/mortgage is less than $1,500—you will receive three (3) payments of $1,000. Payroll Expenses Reimbursement Guidelines This grant will provide financial assistance in the form of reimbursement for payroll expenses up to $3,000. This grant will operate on a first-come-first serve basis and reimburse businesses based on payroll expenses paid to employees. Page 780 of 863 Tier 1 If your monthly payroll expenses are or exceed $3,000—you will receive one (1) payment of $3,000. Tier 2 If your monthly payroll expenses are between $1,500- $2,999—you will receive two (2) payments of$1,500. Utility Reimbursement Guidelines This grant will provide financial assistance in the form of utility reimbursement up to $3,000. This grant will operate on a first-come-first serve basis and reimburse businesses based on monthly utility expenses. Utility reimbursement grants will be administered on a case-by-case basis. How to Apply Applicants can apply online at whyboynton.com/grants or contact the City's Department of Economic Development and Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. Page 781 of 863 11.A. NEW BUSINESS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Short presentation and discussion by utility staff regarding Septic Tank Inspections. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Septic Tank Inspection Page 782 of 863 v 1 (Y) co o (Y) . co m ti a� a o, w� (Y) co o ti Lij co w a CL CL co Ca CL dco ct (a CL u a k ) i a ,r ik s{rttit6:11v f 14sf is ttJi{{i t 1 t y{1!�{t{r{} ttt'kusit ttrt §{t�` ly I t£4't. ,i ryt; It})i(s4177itJ! ) i�tk\y)t` ! t(i ti}it illli It l(Ils,. !(! iy}-. s (}is iii e LUALJJ s�tt ftsl7t Zt b{Yltit Ui ) 7'tv 4}fi)tYi rt S r tr1 }l{jf tt iJ f J } t� I fl)Ili 1}3,�\{st �i��l�� i '4i ik4;irYj sf i} �t it 17irs)}1 it S}t )t}Yt t.t} ry t '134 v tYt t ��tllllai4fri �}tst)s rt Asll{,' s t y}t tt ll�ti l{ } ly t4 yi:. irlt 1 r 11t I - t i }411t7��,i�0;—,��+11 7qY r {��vS;it4 tS S trhf ri i rjis '+!t;;+ t Pi £q>y t t{ rr`a� iiifri sNt e ir1�m.2r ry} sr }1' }J i r ': S � i c trS l�7 Ss t�tv t„ uu lt�i }it 'i\lig}',;t f£Ir+( yy1)1411 }}'fyiS 2 4s }t � � t {} 4 r sY4 f i( t1,5 tys ��: {����}{lit �� ��#f ti 1 tiy: t t rl�is r f ( {.)t f£l l� tvl h ) IY r ttv1�1 4it� l�1�t1{t1kYt ltsti il; t lrirl i}t ft ltl} i �I ti 1{tf�I 1 t t{Y, y0"" }!(rt s�\}fit fy�iw �!4) � Y £ liYk i1t��tY£i4{i 1 1v7t yJy rt� r is tti i7{t}ts tf�il}}(, ( uVA y { Lw r 1,{i4tt{tfot})t I vt l' t�`(i!1•y l� i (i t l Y a 11 i711't s L" t � t� i hila i ytv � 11}ir 4- {yl !)fsl }}itSil } �r tStJyt�}ti4{FI 1 y..... tlsltt 1 r is ...... \i ,s ti }ir!£St(t ti lr; l3tl'Ys s f r i }d t ti t t 4t{r} if vl 'ri CL r t i 4t !i !ivy rf r r t s 4 t r` IT LLJ - tr is 1 r sr r ul s i i �( r tt + l4 it "'M l l y y { 'vj �G t£ i 14i if } i t t 11 r� ty ftil ll� r}t� ij fl�ztst 41tt4ti{{i t}{t (4 s4f1\ ft���yit y}iv�r{lis \ tit rf }�i (l t f }! (lIN, {.F£SS tt { Jt iS } tlr 1 f tt } ' t iri fill r r , 4r rt;�,t , l � f }b t 11 )ti 41}t y(t\fit \ £+t I} { SS l 14143 fvi�fstilyt k!i , , Il ��r i i t vgi}Ir1i3 f t r it}t Y��yl4lil£! 't tJ}}jt\7f� i l! rS} 1 tt sk rh s jt' i�tri �'` m t) yyr�r S{(ij� 1t�i�ji i'f� a �p�a�uelay uoofie-)yuom amelAt b ig __. � ��.s•.L.�.�.zs.�,"—PM81 SS-�'� �� n rrF.T_ r 1`-a � Y" Pi!abP�d g6iH 6(h 31 LLJUt tf? CL _— _® .�..., _ s-��--� -xnV aibua9 N- ,,M,^_--- .anq ssai0ou28•j^^ __-'_- -_�- 4 p a p s 3 rn L I" y o � r ^ PilawaeMe-I-tee � � y. fF'" m t: la.r�ela!ws K u Ln Qj LJLJ J += U .C/) co Ln Ict a� Q U N (� N - ui A E co co 4- a O IAwoll ug.JOl CL � 4 -..�af=e r � t t4't 14�a"�4at�l� �t����'+��,� ,r Iii rwt � r � v� -r rad dLLJn' (, „r,t ,n$ ' 5P �; �E -o� `#���10 tit+ - � & .. � ® 17 le v ti� 4'13 _ um �I ®� t v f i m 0 c� a a X11 a (Y) yo rn co ti CL 42 E a� a r a U) I LU 40 E co 0 f (N C t u a (Y) co 4- 0 LLJ rn C"M (Uti Q cll* CL 0 Lw CL Lu a� a a 11.B. NEW BUSINESS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Discuss CBD oil and its impacts on the City's Drug-Free Workplace Policy as requested by Mayor Grant. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Addendum Staff merno Page 791 of 863 CBD Oil Impacts on Drug-Free Workplace Program The City has a Drug-Free Workplace Policy, which has been negotiated with each Collective Bargaining Unit, with minor modifications to the random drug testing requirements as outlined below: Collective Bargaining Agreements: • IAFF (Fire): o Random testing (10 employees per month) o Post-incident o Reasonable suspicion • PBA(Police): o Random testing (3 employees per month) o Post-incident; all members assigned to narcotics unit are tested once every six months o Reasonable suspicion • SEIU Blue &White Collar and General (non-bargaining): o Random testing for CDL holders (10 employees per month) o Random testing for non-sworn police department(4 employees per month) o All employees are subject to random, post-incident, and reasonable suspicion testing What is CBD? Cannabidiol (CBD) is a non-intoxicating compound found in both marijuana and hemp that can be extracted and combined with oil for ingestion or inhalation through the use of a vaporizer. Federal legislation removed hemp and hemp-derived products (including hemp-derived CBD) from Schedule I of the Controlled Substances Act. The use and production of CBD oil and related products are now lawful under federal law and in most states (including Florida as of July 2019). How is CBD Related to Cannabis, Marijuana, or THC? Cannabis refers to the species of plant from which the drug marijuana is derived. It contains a psychoactive ingredient called tetrahydrocannabinol (THC), which produces a "high" in marijuana users. There are multiple strains of cannabis, and one variety, hemp, contains much lower levels of THC (not more than 0.3 percent). When CBD oil is derived from hemp, and thus contains less than 0.3 percent of THC, it does not have any known impairing effects. CBD oil derived from hemp generally will not cause a positive drug test result,since most drug tests look for evidence that an employee has ingested THC rather than CBD. Source:What is CBD Oil and Why Should Employers Care to Know?National Law Review Article by Bruce J.Douglas and Jessica M.Bocchinfuso of Ogletree,Deakins,Nash,Smoak&Stewart,P.C.(May 30,2019) Potential for a Positive Drug Test Result The majority of CBD products are not regulated by the Food and Drug Administration (FDA); therefore, there is no guarantee of what is in (or not in) the product. Employees who use CBD products are using them at their own risk, because if the CBD product an employee uses turns out to contain more than the Page 792 of 863 legally permissible amount of THC, an employee may have a positive drug test result and then be in violation of the City's Drug-Free Workplace Policy. One of the City's Medical Review Officers (MRO) that we use for our drug testing program provided the following guidelines regarding three different types of CBD oil: 1. Full Spectrum CBD—Contains small amounts of THC and can trigger a positive drug test result if large amounts are used. 2. Broad Spectrum CBD—Contains all the benefits/chemicals of Full Spectrum CBD, but no THC. This will not trigger a positive drug test result. 3. Distilled CBD— Contains only CBD (no other chemicals) and does not contain THC. This will not trigger a positive drug test result. Other Laws Impacting the City's Drug Free Workplace 49 CFR Part 40 The United States Department of Transportation (DOT) has strict regulations [49 CFR Part 40] regarding employees who are required to have Commercial Driver's Licenses (CDLs) to operate commercial motor vehicles. One such provision is that employees must be randomly drug and alcohol tested. It is important to note that a positive test for THC will not be excused by the fact that the product was a CBD product or described as medical marijuana. As an employer, the City has no jurisdiction or discretion over the outcome of a CDL driver testing positive for THC, regardless if the sole source of the THC was derived from the legal use of CBD oil or products. The City employs approximately 80 employees who are required to have CDLs to operate commercial motor vehicles and hence subject to DOT regulations. (Firefighter Operator/Engineers are not required to have a CDL to drive a fire engine or other emergency response vehicles and are not subject to FOT regulations). Page 793 of 863 11.C. NEW BUSINESS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Proposed Resolution No. R20-033- Authorize issuance of a not to exceed $43 million principal amount of Taxable Utility System Refunding Bond, Series 2020A in order to refund a portion of the City's Utility System Revenue Bonds, Series 2012 and not to exceed $11 million principal amount of Tax Exempt Utility System Refunding Bond, Series 2020B in order to refund all of the City's Utility System Revenue Bond, Series 2018 Explanation of Request: Due to favorable market conditions, the City's Financial Advisor, Jay Glover of PFM Financial Advisors LLC, issued a RFP to refinance the City's outstanding Series 2012 and Series 2018 Bonds in an aggregate principal amount not to exceed $54 million. Proposals were due on Thursday April 2nd. Two (2) proposals were received with TD Bank being recommended as the most responsive proposer. Proposals were reviewed by Jay Glover, City's financial advisor, Mark Raymond, City's bond counsel and Mara Frederiksen, City's director of finance. The Series 2012 Bonds are scheduled to be paid in full in November 2036 and the Series 2018 Bonds are scheduled to be paid in full in 2037. Completing the refundings will allow the City to pay off both series of bonds in November 2034 without increasing the annual debt service payments. Upon approval at the April 21st Commission meeting the timeline is listed below. • April 22- Finalize the numbers and Structure Escrow • April 27/28- Pre-Closing/Document Signing • April 30-Closing for the Series 2020 bond and transfer of funds This Resolution(s) of the City of Boynton Beach will: 1. Authorize the City to issue Taxable Utility System Refunding Bond, Series 2020A in the not to exceed par amount of$43M in order to refund a portion of the City's Utility System Revenue Bonds, Series 2012 and Tax Exempt Utility System Refunding Bond, Series 2020B in the not to exceed par amount of $11 M in order to refund all of the City's Utility System Revenue Bond, Series 2018 2. Award the Series 2020A and Series 2020B Bond to TD Bank 3. Appoint a Paying Agent and Registrar for the Series 2020A and Series 2020B Bond as the City's Director of Financial Services 4. Approve an Escrow Deposit Agreement and appoint Bank of New York as Escrow Agent How will this affect city programs or services? The 2012 Bonds have interest rates ranging from 3.625% - 5.000%. The 2020A Bond will have an initial taxable interest rate of 2.56% with the ability to convert to a tax exempt interest rate of 2.09% no more than 90 days prior to November 1, 2021. It is structured in this manner due to tax law restrictions that prevent a tax exempt refunding more than 90 days prior to the Series 2012 call date Page 794 of 863 (November 1, 2021). The 2018 Bond has an interest rate of 3.60%. The 2020B Bond will have a tax exempt interest rate of 2.16%. By completing both refundings, the City will pay the 2012 Bonds off 2 years early and the 2018 Bond off 3 years early and still reduce the annual debt service payments. Fiscal Impact: Non-budgeted The issuance of the Series 2020A Bond with a taxable interest rate of 2.56% (converts to tax exempt interest rate of 2.09% on November 1, 2021) will generate approximately $4.4 million of net present value debt service savings and the Series 2020B Bond with a tax exempt interest rate of 2.16% will generate approximately $1.2 million of net present value debt service savings. The annual debt service from 2020-2034 is reduced by approximately $25,000, from 2035-2036 is reduced by approximately $3.4 million and in 2037 is reduced by $810,000. Alternatives: Do not proceed with issuing the Utility Service Revenue Refunding Bond, Series 2020 and continue paying the debt service as is resulting in a loss of savings. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Resolution Bond Resolution D Attachment PFKA Recommendation Memo D Exhibit E7ibit A TD Bank D Exhibit E7ibit B TD Bank Page 795 of 863 I RESOLUTION NO. R20- 2 3 A SERIES RESOLUTION PROVIDING FOR THE ISSUANCE OF THE 4 UP TO $43,000,000 CITY OF BOYNTON BEACH,FLORIDA TAXABLE 5 UTILITY SYSTEM REVENUE REFUNDING BOND, SERIES 2020A, 6 THE UP TO $11,000,000 CITY OF BOYNTON BEACH, FLORIDA 7 UTILITY SYSTEM REVENUE REFUNDING BOND, SERIES 2020B, 8 AND THE UP TO $43,000,000 CITY OF BOYNTON BEACH, FLORIDA 9 UTILITY SYSTEM REVENUE REFUNDING BOND, SERIES 2021A; 10 PROVIDING A METHOD FOR ESTABLISHING THE PRINCIPAL 11 AMOUNTS, INTEREST RATES, MATURITY DATES, PAYMENT 12 PROVISIONS AND OTHER DETAILS OF SAID BONDS; 13 AUTHORIZING THE SALE OF THE BONDS TO T.D. BANK, N.A.; 14 AUTHORIZING THE EXECUTION OF A BOND PURCHASE AND 15 EXCHANGE AGREEMENT; AUTHORIZING THE EXECUTION OF 16 AN ESCROW DEPOSIT AGREEMENT; PROVIDING FOR THE 17 APPLICATION OF THE PROCEEDS OF SAID BONDS AND CERTAIN 18 OTHER MONEYS; DESIGNATING THE BOND REGISTRAR FOR 19 SAID BONDS; CONTAINING CERTAIN AUTHORIZATIONS AND 20 OTHER PROVISIONS; AND PROVIDING AN EFFECTIVE DATE. 21 22 23 WHEREAS,pursuant to Resolution No. R 92-96 adopted by the City Commission(the 24 "City Commission") of the City of Boynton Beach, Florida (the "City") on June 16, 1992, as 25 amended (the "Bond Resolution") obligations of the City ("Bonds") may be issued and may be 26 secured by a lien upon and pledge of certain "Pledged Revenues" as defined in and to the extent 27 set forth in the Bond Resolution; and 28 29 WHEREAS, the City desires to authorize the issuance of a Bond, to be designated 30 "Taxable Utility System Revenue Refunding Bond, Series 2020A" (the "Series 2020A Bond"), 31 under the Bond Resolution to provide funds, together with available funds of the City, to 32 refinance the City's Utility System Revenue Bonds, Series 2012 maturing after November 1, 33 2021 (the "2012 Refunded Bonds") and to pay certain costs of issuing such Series 2020A Bond; 34 and 35 36 WHEREAS, the City desires to authorize the issuance of another Bond, to be 37 designated "Utility System Revenue Refunding Bond, Series 2020B" (the "Series 2020B 38 Bond"), under the Bond Resolution to provide funds, together with available funds of the City, 39 to refinance the City's Utility System Revenue Bond, Series 2018 (the "2018 Refunded Bond") 40 and to pay certain costs of issuing such Series 2020B Bond; and 41 42 WHEREAS, the City desires to authorize the issuance of another Bond, to be 43 designated "Utility System Revenue Refunding Bond, Series 2021A" (the "Series 2021A 44 Bond," and collectively with the Series 2020A Bond and the Series 2020B Bond, the 45 "2020/2021 Bonds"), which may be issued only in exchange for and in order to refinance and 46 replace the Series 2020A Bond; and 47 48 WHEREAS,the City Commission hereby determines that it is in the best interest of the 49 City that the establishment of the terms of the 2020/2021 Bonds, the establishment of the terms Page 796 of 863 50 of the sale by the City of the Series 2020A Bond and the Series 2020B Bond, and the 51 establishment of the terms upon which the exchange of the Series 2021A Bond for the Series 52 2020ABond may occur, all take place through negotiation with T.D.Bank,N.A. (the "Lender"); 53 and 54 55 WHEREAS,it is necessary and desirable to specify a method for determining the dates, 56 the interest rates, maturity dates, payment and prepayment provisions and all other terms of the 57 2020/2021 Bonds; 58 59 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 60 THE CITY OF BOYNTON BEACH, FLORIDA: 61 62 Section 1. Authority for this Resolution. This Resolution is adopted pursuant to the 63 provisions of the Charter of the City, the Constitution of the State of Florida, including, but not 64 limited to, Article VIII, Section 2 thereof, and other applicable provisions of law, including 65 Chapter 166, Florida Statutes and Chapter 159, Part I, Florida Statutes, and the Bond 66 Resolution. 67 68 Section 2. Definitions. Terms used herein in capitalized form and not otherwise defined 69 herein shall have the meanings ascribed thereto in the Bond Resolution. The following terms, 70 when used in this Resolution or in the Bond Resolution, as amended hereby, shall have the 71 following meanings: 72 73 "Authorized Representative" means the City Manager of the City, and in her absence or inability 74 to act, the Mayor or Vice-Mayor, and in the absence or inability to act of City Manager, the 75 Mayor and the Vice-Mayor, then any City Commissioner (the absence or inability to act of the 76 City Manager, Mayor or Vice-Mayor as to any particular action being conclusively established 77 by the taking of such action by the Mayor, Vice-Mayor or other City Commissioner). 78 79 'BPA" is defined in Section 6 hereof. 80 81 'Business Day" shall mean,with respect to any 2020/2021 Bond, any day other than a Saturday, 82 Sunday or other day on which the Payment Office of the Lender, as defined in the applicable 83 2020/2021 Bond, is lawfully and temporarily closed. 84 85 "Credit Event" means, as to a 2020/2021 Bond, the event described as such in Section 9(g) 86 hereof 87 88 "Escrow Agent" means The Bank of New York Mellon Trust Company, N.A. 89 90 "Escrow Deposit Agreement" means an agreement between the City and the Escrow Agent to 91 be entered into prior to or simultaneous with the issuance of the Series 2020A Bonds to provide 92 for the refunding and defeasance of the 2012 Refunded Bonds. 93 94 "Interest Payment Date" shall mean, May 1 and November 1 of each year, commencing(i)with 95 respect to the Series 2020A Bond and the Series 2020B Bond, on November 1, 2020 and (ii) 96 with respect to the Series 2021A Bond, if issued, on the first May 1 or November 1 following 97 the date of issuance thereof. 98 S:\CA\RESO\Bonds\Supplemental Bond Reso(4).Docx 2 Page 797 of 863 99 "Rating" means a long-term credit rating, assigned without regard to any liquidity or credit- 100 enhancement, to any Bonds by any Rating Agency. 101 102 "Rating Agency" means any of Fitch Ratings, and its successors, Moody's Investors Service, 103 Inc., and its successors, and S&P Global Ratings, a Standard & Poor's Financial Services LLC 104 business, and its successors. 105 106 Section 3. Authorization and Terms of Series 2020A Bond. 107 108 (a) The Series 2020A Bond is authorized to be issued pursuant to this Resolution and Section 109 210 of the Bond Resolution in the principal amount of not in excess of$43,000,000. The Series 110 2020A Bond is being issued for the principal purpose of providing funds to refinance the 2012 111 Refunded Bonds. Prior to or simultaneous with the issuance of the Series 2020A Bond the 112 conditions of Section 210 of the Bond Resolution shall be satisfied. 113 114 (b) The Series 2020A Bond shall be issued as a single fully registered Bond in the entire stated 115 principal amount thereof, shall be dated as of the date of its initial issuance, shall be issued in 116 the principal amount, shall bear interest at the rate of 2.56%per annum, computed on the basis 117 of a 360 day year consisting of twelve thirty-day months, subject to adjustment, payable on the 118 Interest Payment Dates, shall be payable in the manner, and shall have such required payments 119 and prepayment provisions, shall mature on November 1, 2034, all as set forth in a certificate 120 of the City (the "Certificate Establishing Series 2020A Bond Terms") signed on behalf of the 121 City by the Authorized Signatory prior to or simultaneous with the issuance of the Series 2020A 122 Bond: provided, that the City shall realize net present value debt service savings as a result of 123 the issuance of the Series 2020A Bond and the refinancing of the 2012 Refunded Bonds 124 (without regard to any adjustment to the interest rate borne by the Series 2020A Bond that is 125 contingent upon a future event) on an aggregate basis in an amount not less than $3,000,000, 126 calculated using the arbitrage yield (as if the 2020A Bond was a tax-exempt obligation) on the 127 Series 2020A Bond as the discount rate, and provided that a certificate of PFM Financial 128 Advisors LLC setting forth the net present value debt service savings calculations and 129 satisfaction of the foregoing condition shall be conclusive as to the satisfaction of the foregoing 130 conditions. The Authorized Signatory is authorized to determine the details of the Series 2020A 131 Bond within the parameters set forth above, and upon such determination to execute the 132 Certificate Establishing Series 2020A Bond Terms completed with the details of the Series 133 2020A Bond, thereby conclusively establishing such details. 134 135 Section 4. Authorization and Terms of Series 2020B Bond. 136 137 (a) The Series 2020B Bond is authorized to be issued pursuant to this Resolution and Section 138 210 of the Bond Resolution in the principal amount of not in excess of$11,000,000. The Series 139 2020B Bond is being issued for the principal purpose of providing funds to refinance the 2018 140 Refunded Bond. Prior to or simultaneous with the issuance of the Series 2020B Bond the 141 conditions of Section 210 of the Bond Resolution shall be satisfied. 142 143 (b) The Series 2020B Bond shall be issued as a single fully registered Bond in the entire stated 144 principal amount thereof, shall be dated as of the date of its initial issuance, shall be issued in 145 the principal amount, shall bear interest at the rate of 2.16% per annum, computed on the basis 146 of a 360 day year consisting of twelve thirty-day months, subject to adjustment, payable on the 147 Interest Payment Dates, shall be payable in the manner, shall have such required payments and S:\CA\RESO\Bonds\Supplemental Bond Reso(4).Docx 3 Page 798 of 863 148 prepayment provisions, shall mature on November 1, 2034, all as set forth in a certificate of the 149 City (the "Certificate Establishing Series 2020B Bond Terms") signed on behalf of the City by 150 the Authorized Signatory prior to or simultaneous with the issuance of the Series 2020B Bond; 151 provided, that the City shall realize net present value debt service savings as a result of the 152 issuance of the Series 2020B Bond and the refinancing of the 2018 Refunded Bond (without 153 regard to any adjustment to the interest rate borne by the Series 2020B Bond that is contingent 154 upon a future event) on an aggregate basis in an amount not less than $1,000,000, calculated 155 using the arbitrage yield on the Series 2020B Bond as the discount rate, and provided that a 156 certificate of PFM Financial Advisors LLC setting forth the net present value debt service 157 savings calculations and satisfaction of the foregoing condition shall be conclusive as to the 158 satisfaction of the foregoing conditions. The Authorized Signatory is authorized to determine 159 the details of the Series 2020B Bond within the parameters set forth above, and upon such 160 determination to execute the Certificate Establishing Series 2020B Bond Terms completed with 161 the details of the Series 2020B Bond, thereby conclusively establishing such details. 162 163 Section 5. Authorization and Terms of Series 2021A Bond. 164 165 (a) The Series 2021A Bond is authorized to be issued pursuant to this Resolution and Section 166 210 of the Bond Resolution in the principal amount equal to the outstanding principal amount 167 of the Series 2020A Bond on the date of issuance of the Series 2021A Bond. The Series 2021A 168 Bond is authorized to be issued for the sole purpose of being exchanged for, and thereby 169 refinancing, the Series 2020A Bond. Prior to or simultaneous with the issuance of the Series 170 2021A Bond the conditions of Section 210 of the Bond Resolution shall be satisfied. 171 172 (b) If issued, the Series 2021A Bond shall be issued as a single fully registered Bond in the 173 entire stated principal amount thereof, shall be dated as of the date of its initial issuance, shall 174 bear interest at the rate of 2.09%per annum, computed on the basis of a 360 day year consisting 175 of twelve thirty-day months, subject to adjustment,payable on the Interest Payment Dates, shall 176 be payable in the manner, shall have such required payments and prepayment provisions and 177 shall mature on November 1, 2034, all as set forth in a certificate of the City (the "Certificate 178 Establishing Series 2021A Bond Terms") signed on behalf of the City by the Authorized 179 Signatory prior to or simultaneous with the issuance of the Series 2021A Bond. The Authorized 180 Signatory is authorized to determine the details of the Series 2021A Bond within the parameters 181 set forth above, and upon such determination to execute the Certificate Establishing Series 182 2021A Bond Terms completed with the details of the Series 2021A Bond, thereby conclusively 183 establishing such details. 184 185 Section 6. Plan of Finance. 186 187 The City caused its registered independent municipal advisor,PFM Financial Advisors LLC, to 188 issue a request for proposals from interest financial institutions for the purchase of the 189 2020/2021 Bonds. The City hereby determines that the proposals submitted by the Lender 190 afford the best terms and are in the best interest of the City. The City has also determined that 191 due to the volatility of the market for debt instruments such as the 2020/2021 Bonds and the 192 complexity of the exchange feature of the Series 2020A and Series 2021A Bond, a negotiated 193 sale of the 2020/2021 Bonds is in the best interest of the City. 194 195 Upon establishment of the terms of the 2020/2021 Bonds as described herein, the Authorized 196 Signatory is authorized to award the sale of the Series 2020A Bond and the Series 2020B Bond s:\cA\REso\Bonas\supplemental Bona xeso(4).Doex 4 Page 799 of 863 197 to the Lender at a price equal to the principal amount thereof. The City authorizes the 198 Authorized Signatory to execute and deliver a Bond Purchase and Exchange Agreement 199 ('BPA") between the City and the Lender, which shall provide for the sale to and purchase by 200 the Lender of the Series 2020A Bond and the Series 2020B Bond, and for the possible exchange 201 of the Series 2021A Bond for the Series 2020A Bond, all on such dates and under such 202 conditions as described therein, in such form as shall be approved by the Authorized Signatory, 203 such execution to constitute conclusive evidence of such approval. Prior to execution of the 204 BPA, the Lender shall file with the City the disclosures required by Section 218.385, Florida 205 Statutes, and competitive bidding for the 2020/2021 Bonds is hereby waived pursuant to the 206 authority of Section 218.385, Florida Statutes. 207 208 Section 7. Provisions Generally Applicable to 2020/2021 Bonds. 209 210 (a) The Reserve Account Requirement for the 2020/2021 Bonds shall be zero and none of the 211 2020/2021 Bonds shall be secured by or entitled to payment from the Reserve Account. 212 213 (b) The City Clerk shall serve as Bond Registrar with respect to the 2020/2021 Bonds. 214 215 (c)The provisions of Article III of the Bond Resolution regarding "redemption" do not apply to 216 the 2020/2021 Bonds, and the 2020/2021 Bonds shall be subject to payment and prepayment 217 as provided therein. 218 219 (d) The 2020/2021 Bonds shall be in the form set forth in the Bond Resolution, with such 220 changes as may be deemed necessary or appropriate by the Authorized Signatory and in order 221 to conform to the provisions of this Resolution and the terms of the 2020/2021 Bonds as may 222 be approved by the Authorized Signatory executing the 2020/2021 Bonds, such execution to be 223 conclusive evidence of such approval. 224 225 (e) The Authorized Representative is authorized and directed on behalf of the City to execute 226 the 2020/2021 Bonds. It is not necessary for the seal of the City to be impressed on the 227 2020/2021 Bonds or for the City Clerk to execute the 2020/2021 Bonds. 228 229 (f)Proceeds from the sale of the 2020/2021 Bonds shall be applied for the purposes authorized 230 herein as described in the BPA and/or as authorized and directed by the Authorized 231 Representative at or prior to the issuance of the respective series of 2020/2021 Bonds. 232 233 (g)In any case where the scheduled date for payment of principal of, prepayment fee, if any, or 234 interest on any 2020/2021 Bond is not a Business Day, then such payment of principal, 235 prepayment fee, if any, or interest need not be made on such date but may be made on the next 236 succeeding Business Day, provided, however, that interest shall continue to accrue to and shall 237 be payable on such succeeding Business Day. 238 239 Section 8. Compliance with Tax Requirements. The City agrees to comply with the 240 requirements applicable to it contained in Section 103 and Part IV of Subchapter B of Chapter 241 1 of the Internal Revenue Code of 1986, as amended (the "Code") to the extent necessary to 242 preserve the exclusion of interest on the Series 2020B Bond and the Series 2021A Bond (if 243 issued) (jointly, the "Tax-Exempt Bonds") from gross income for federal income tax purposes. 244 Specifically, without intending to limit in any way the generality of the foregoing, the City 245 covenants and agrees: S:\CA\RESO\Bonds\Supplemental Bond Reso(4).Docx 5 Page 800 of 863 246 247 (1) to make payments to the United States of America from, to the extent legally available, 248 the funds and sources of revenues pledged to the payment of the Tax-Exempt Bonds, and from 249 any other legally available funds, at the times and in the amounts required pursuant to Section 250 148(f) of the Code; 251 252 (2) to refrain from using proceeds of the Tax-Exempt Bonds in a manner that would cause 253 any of the Tax-Exempt Bonds to be classified as a private activity bond under Section 141(a) 254 of the Code; and 255 256 (3) to refrain from taking any action that would cause any of the Tax-Exempt Bonds to be 257 classified as an arbitrage bond under Section 103(b) and Section 148 of the Code. 258 259 The City understands that the foregoing covenants impose continuing obligations on the City 260 to comply with the requirements of Section 103 and Part IV of Subchapter B of Chapter 1 of 261 the Code so long as such requirements are applicable. 262 263 Section 9. Provisions Required by the Lender. The following provisions shall apply for 264 so long as, and only for so long as, any 2020/2021 Bond is Outstanding: 265 266 (a) The City shall within 210 days after the end of each of its Fiscal Years furnish to the 267 Bondholder(s) of the 2020/2021 Bonds the financial statements of the City for such Fiscal Year, 268 together with an audit report of an independent certified public accountant to the effect that 269 such audit has been conducted in accordance with generally accepted auditing standards and 270 stating whether such financial statements present fairly in all material respects the financial 271 position of the City and the results of its operations and cash flows for the periods covered by 272 the audit report, all in conformity with generally accepted accounting principles applied on a 273 consistent basis. 274 275 (b) The City shall also furnish to the Bondholder(s) of the 2020/2021 Bonds, within sixty days 276 after the adoption thereof,the annual budget of the City, and,promptly but not more than fifteen 277 days after written request therefor, such other information, other than any information required 278 or permitted by law to be confidential, respecting the affairs, condition and/or operations, 279 financial or otherwise, of the City, as the Bondholder may reasonably request, including but not 280 limited to a certification as to the absence of any Event of Default and compliance by the City 281 with the covenant of Section 502 of the Bond Resolution. 282 283 (c) The City shall within five Business Days after it acquires knowledge thereof, notify the 284 Bondholder(s) of the 2020/2021 Bonds in writing at the applicable Payment Office of the 285 Lender of the happening, occurrence, or existence of any Event of Default and any event or 286 condition which with the passage of time or giving of notice, or both,would constitute an Event 287 of Default, and shall provide such Bondholder(s),with such written notice, a detailed statement 288 by a responsible officer of the City of all relevant facts and the action being taken or proposed 289 to be taken by the City with respect thereto. Regardless of the date of receipt of such notice by 290 the Bondholder, such date shall not in any way modify the date of occurrence of the actual 291 Event of Default. 292 293 (d)It shall be an Event of Default if(A)the City shall fail to observe and perform any covenant, 294 condition or agreement on its part to be observed or performed under this Resolution for a S:\CA\RESO\Bonds\Supplemental Bond Reso(4).Docx 6 Page 801 of 863 295 period of thirty days after the earlier of(i) the date written notice specifying such failure and 296 requesting that it be remedied, is given to the City by one or more Bondholder(s) of the 297 2020/2021 Bonds or (ii) the date the City was required to give notice of the event or condition 298 to the Bondholders of the 2020/2021 Bonds pursuant to this Resolution, unless the 299 Bondholder(s) of the 2020/2021 Bonds shall agree in writing to an extension of such time prior 300 to its expiration or(B)any representation or warranty made in writing by the City in or pursuant 301 to this Resolution or the Agreement or its execution, delivery or performance shall prove to 302 have been false, incorrect, misleading or breached in any material respect on the date when 303 made. 304 305 (e) Notwithstanding anything to the contrary in Section 801(i) of the Bond Resolution, the 306 failure to cure an Event of Default under Section 801(i) of the Bond Resolution within sixty 307 days of the occurrence thereof shall be an Event of Default. 308 309 (f)No modification or amendment of this Resolution or of any resolution amendatory hereof or 310 supplemental hereto may be made except with the written consent of the Bondholder. No 311 modification or amendment to Article V, Sections 701 and 706, Article VIII, Article X and 312 Article XI of the Bond Resolution (or the definitions referenced therein) may be made without 313 the written consent of the Bondholder(s) of all of the Outstanding 2020/2021 Bonds. 314 315 (g)If any Rating is withdrawn or suspended for credit-related reasons, or if during any time as 316 there is a Rating the highest Rating is not at least BBB+Baal (or the equivalent), then at the 317 option of the Bondholder of a 2020/2021 Bond, the same shall constitute a "Credit Event" as to 318 such 2020/2021 Bond, in which event the interest rate borne by such 2020/2021 Bond shall 319 increase to the Default Rate (as defined in such 2020/2021 Bond) so long as such condition 320 persists. and it shall be deemed to be and it shall be deemed to be a breach of the covenants 321 hereunder and an event of default hereunder. 322 323 (h) The failure of the City to have a Rating is not in and of itself a Credit Event so long as the 324 withdrawal or suspension of the last applicable Rating was not initiated by the Rating Agency 325 for credit-related matters, provided, that in the event the City has no Rating, and for so long as 326 such condition persists, Sections 209 and 502 of the Bond Resolution (Additional Bonds and 327 Rate Covenant) shall be applied as if each reference therein to "one hundred ten per centum" 328 and "110%" is instead "one hundred twenty per centum" and "120%." 329 330 Section 10. Refunded Bonds. The refinancing of the 2012 Refunded Bonds and 2018 331 Refunded Bond is hereby authorized and the Authorized Signatory is authorized and directed 332 to take such action as shall be required to accomplish the same. 333 334 The Authorized Signatory is authorized to select and engage an independent certified public 335 accountant to verify the calculations of the sufficiency of amounts to be deposited pursuant to 336 the Escrow Deposit Agreement to pay the principal of and interest on the 2012 Refunded Bonds. 337 338 The Authorized Signatory is authorized to execute the Escrow Deposit Agreement in such form 339 as shall be approved by the Authorized Signatory, such execution to constitute conclusive 340 evidence of such approval. 341 342 The Authorized Signatory,the Escrow Agent and PFM Asset Management LLC, or any of them, 343 are hereby authorized to subscribe for the purchase of any United State Treasury Obligations - S:ACA\RESO\Bonds\Supplemental Bond Reso(4).Docx 7 Page 802 of 863 344 - State and Local Government Series("SLGS")to be purchased pursuant to the Escrow Deposit 345 Agreement. The Authorized Signatory is also authorized to determine to proceed with a 346 solicitation for the purchase of investments on the open market in order to fund the Escrow 347 Deposit Agreement. The Authorized Signatory is authorized to engage PFM Asset Management 348 LLC to assist with any SLGS subscription or to act as bidding agent of the City in connection 349 with such open market solicitation. 350 351 Section 11. Authorizations. The Authorized Representative, the City Clerk and the 352 Director of Financial Services are hereby jointly and severally authorized to do all acts and 353 things required of them by this Resolution or the Bond Resolution, or desirable or consistent 354 with the requirements hereof or thereof, and for the full, punctual and complete performance of 355 all terms, covenants and agreements contained in the 2020/2021 Bonds, the Escrow Deposit 356 Agreement, the BPA, the Bond Resolution and this Resolution, and to make any elections 357 necessary or desirable in connection with the arbitrage provisions of Section 148 of the Code. 358 359 Section 12. Resolution to Constitute a Contract. In consideration of the purchase and 360 acceptance of the 2020/2021 Bonds by those who shall be the holders thereof from time to time, 361 this Resolution shall constitute a contract between the City and such holders, and all covenants 362 and agreements herein and in the Bond Resolution set forth to be performed by the City shall 363 be for the equal benefit and security of all of the holders. 364 365 Section 13. No Implied Beneficiary. With the exception of any rights herein expressly 366 conferred, nothing expressed or mentioned in or to be implied from this Resolution or the 367 2020/2021 Bonds is intended or shall be construed to give any person other than the City, the 368 Lender and the Bondholder(s) of the 2020/2021 Bonds, any legal or equitable right, remedy or 369 claim under or with respect to this Resolution or the Bond Resolution or any covenants, 370 conditions, and provisions herein contained; this Resolution and the Bond Resolution and all of 371 the covenants, conditions and provisions hereof and thereof being intended to be and being for 372 the sole and exclusive benefit of the City, the Lender and such Bondholder(s). 373 374 Section 14. Jury Trial; Venue. The City waives any right to trial by jury of any issue 375 between or among the City, the Lender and the Bondholder(s) of the 2020/2021 Bonds arising 376 out of this Resolution, the Bond Resolution, the BPA or the 2020/2021 Bonds, and it is a 377 condition to the issuance of the 2020/2021 Bonds that the Bondholder(s) of the 2020/2021 378 Bonds, by accepting the ownership thereof, shall also waive any right to trial by jury of any 379 issue between or among the City, the Lender and the Bondholder(s) of the 2020/2021 Bonds 380 arising out of this Resolution, the Bond Resolution, the BPA or the 2020/2021 Bonds. 381 Furthermore, the City, and the Bondholder(s) of the 2020/2021 Bonds, by accepting the 382 ownership thereof, waive any objection to venue of any judicial proceeding arising out of this 383 Resolution,the Bond Resolution,the BPA or the 2020/2021 Bonds lying in any State of Florida 384 or United States federal court seated in Palm Beach County,Florida or having jurisdiction over 385 the geographic area in which the City is located. 386 387 Section 15. Compliance With Open Meetings Law. It is found and determined that all 388 formal actions of the City Commission concerning and relating to the adoption of this 389 Resolution were taken in an open meeting of the City Commission, and that all deliberations of 390 the City Commission that resulted in the formal actions were in meetings that were open to the 391 public in compliance with all legal requirements, including Section 286.011, Florida Statutes. 392 S:\CA\RESO\Bonds\Supplemental Bond Reso(4).Docx 8 Page 803 of 863 393 Section 16. Severability. If any provision of this Resolution shall be held or deemed to 394 be or shall, in fact, be illegal, inoperative or unenforceable in any context, the same shall not 395 affect any other provision herein or render any other provision (or such provision in any other 396 context)invalid, inoperative or unenforceable to any extent whatsoever. 397 398 Section 17. Repealer. All Resolutions or parts thereof of the City in conflict with the 399 provisions herein contained or, to the extent of any such conflict, hereby superseded and 400 repealed. 401 402 Section 18: This Resolution shall take effect immediately upon its passage. 403 404 PASSED AND ADOPTED this 21st day of April, 2020. 405 CITY OF BOYNTON BEACH, FLORIDA 406 407 YES NO 408 409 Mayor— Steven B. Grant 410 411 Commissioner—Justin Katz 412 413 Commissioner—Woodrow L. Hay 414 415 Commissioner— Christina L. Romelus 416 417 Commissioner— Ty Penserga 418 419 420 VOTE 421 ATTEST: 422 423 424 Crystal Gibson, MMC 425 City Clerk 426 427 428 (Corporate Seal) S:\CA\RESO\Bonds\Supplemental Bond Reso(4).Docx 9 Page 804 of 863 0 1 1 1 April 3, 2020 Recommendation Memorandum To: Mara Frederiksen, Director of Financial Services From: Jay Glover, Managing Director— PFM Financial Advisors LLC Re: Utility System Refunding Revenue Bonds, Series 2020A&B— Recommendation Memorandum PFM Financial Advisors LLC ("PFM")was engaged by the City of Boynton Beach, Florida (the "City") to serve as financial advisor for the City's proposed issuance of a Taxable Utility System Refunding Revenue Bond, Series 2020A (the "2020A Bond")to advance refund a portion of the City's outstanding Utility System Revenue Bonds, Series 2012 (the "2012 Bonds") and a Tax Exempt Utility System Refunding Revenue Bond, Series 2020B (the "20208 Bond" and collectively, the "2020 Bonds") to currently refund all of the City's outstanding Utility System Revenue Bond, Series 2018 for debt service savings. Under current tax law, tax-exempt advance refundings are no longer permitted. However, interest rates have declined to historic low levels,which provides the City an opportunity to undertake an advance refunding of the 2012 Bonds via the issuance of a taxable bond that can be converted to a tax exempt bond no sooner than 90 days before the 2012 Bonds call date (November 1, 2021). The 2018 Bond can be called at any time without a penalty and thus can be refunded via the issuance of a tax exempt bond. Based on the desire to move in an expedited manner to take advantage of historically low interest rates and recent aggressive bids received from banks for comparable transactions, PFM recommended the City pursue privately placed direct bank loans for the 2020 Bonds, which in today's market was expected to be an efficient and cost effective method of financing. At the City's direction, PFM distributed a request for proposals ("RFP") on March 9, 2020 to a list of local, regional and national financial institutions to identify the institution that could provide the City with a fixed rate term loan for the 2020A Bond at the lowest overall borrowing cost, pursuant to certain conditions as determined by the City. On March 11, 2020, PFM issued Addendum No. 1 to the RFP to also seek proposals to provide the City with a fixed rate, term loan for the 2020B Bond at the lowest overall borrowing cost, pursuant to certain conditions as determined by the City. Prior to the extended submittal deadline (1:00 pm on April 2, 2020)the City received one (1) proposals from TD Bank for the 2020A Bond and two (2) proposals from Pinnacle Public Finance and TD Bank for the 2020B Bond. A summary of each proposal is included as Exhibit A. 2020A Bond Based on PFM's review and discussions with City staff and Bond Counsel, it was determined that while TD Bank was the only bidder for the 2020A Bond, it provided an attractive combination of interest rates and terms that are favorable to the City. TD Bank offered a fixed taxable interest rate of 2.56%, which would then convert to a tax-exempt fixed interest rate of 2.09%within 90 days of the first optional redemption date (11/1/21)of the 2012 Bonds. These interest rates would be held through a closing date no later than April 30. The 2020A Bond will be non-callable for economic purposes. Given the historically low interest rate, the additional cost to add a par call option is not being recommended. TD Bank also proposed a put option on the 15th year of the bond. To eliminate the risk associated with this put option, the PFM is recommending the final maturity of the 2020A Bond be shortened 2 year to November 1, 2034. Page 805 of 863 0 If the City approves moving forward with the issuance of the 2020A Bond, we estimate the City will realize approximately$4.5 million of net present value debt service savings or over 11% of the Refunded Bonds par amount. 2020B Bond Based on PFM's review and discussions with City staff and Bond Counsel, it was determined that TD Bank provided the best combination of interest rate and terms most favorable to the City. TD Bank offered a fixed tax exempt interest rate of 2.16%. The interest rate would be held through a closing date no later than April 30. The 2020B Bond will be non-callable for economic purposes. Given the historically low interest rate, the additional cost to add a par call option is not being recommended. Additionally, the 2018 Bond has a current final maturity of November 1, 2037. PFM is recommending the final maturity of the 2020B Bond be shortened to November 1, 2034. If the City approves moving forward with the issuance of the 2020B Bond, we estimate the City will realize approximately $1.2 million of net present value debt service savings or over 11% of the Refunded Bonds par amount. Provided as Exhibit B is a table that shows the current aggregate utility system debt service as well as aggregate debt service following the issuance of the 2020 Bonds. As you can see, the annual debt service from 2020-2034 is reduced by approximately$25,000, from 2035- 2036 is reduced by approximately $3.4 million and in 2037 is reduced by$810,000 (total gross cash flow savings of approximately $8 million). 2020A&B Bonds Based on the fixed interest rates and acceptable terms and conditions provided in their proposals, PFM recommends selecting TD Bank as the loan provider for the 2020 Bonds. We anticipate bringing the Bond Resolution(s)to the City Commission for approval at the April 21, 2020 meeting. If you have any questions please feel free to contact me at 407-406-5760 or gloveria pfm.com. Page 806 of 863 Exhibit A Summary of Proposals Page 807 of 863 ca o O N O F >� o T N O O d O E C T O m E d m o o o T U E v O N O cE°i O o O C N p d jyi c mp T "oO ` ° > ¢ C 4O0N � ON � j 21 _ Um -- M c o IS r m O m Q n E o Eo °' Q FC, _ ' U m Y o � 05 �� °' m -'o om`om ° no _ om6 `o UEE� i° 000 0 am' E ;�G� E > E o o T O N E N E N T U o 0 E v O N O O c >O O o — N > ¢ C O O 0 N 0 N > j 16 m 0 M U) M y N T T T Noo ° dm C, r 01 Q d E L V m I. 01 IS VO X O O ¢ L L— F O m m ~ 0 Q ami m U m N "=O �p C O N > ¢O x Oo m U ~ O > ....moo^>.0 m'�� �(7 m E ° 0 m T E - F E N T T O o - oo o p Y — — x O 0 m p O Q Q N ) C_ LL`LL` c7�omin m�H ca 0 0 N d N 0 N m a v o J A C `O w o LL Ol O y o L D C C O Q C O O O Z CO m y J N aj C E `O o r V LL LL 0 o y E 5 A U w w a L 0 B 0 N O U w U L S LLwm Page 808 of 86:1 Exhibit B Current and Post Refunding Debt Service Page 809 of 863 a L� L� �= ��p �= �= �= ry rl r, C-4 rl c X, F, c c Zc �c F rl � r,, ' %,;C,4 -C m,- 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 2-4 -r m --I N 0 0 -zt r*4 0 0 r-4 m rl lD 00 cl lD m r-4 zt r- CY) -zt to m I " m ti ti M -zt M 00 rl cl cl to c r-� C� -i Ck r-�, -i Fi 00-4 -4 r, i r, m m oo m i �D Ln -4 1 of Ln Ln tu " 00 cy) cy) 00 cy) cy) cy) 00 0 0 0 1 0 0 00 W 'A Lr i to to to to to to to to C� C� C� v v v ry ta - r- r, r- r- r- r- r- r- r- � � � m m m CY)rl tu m co 0 'zt lD lD 0 00 'zt loft/ 'zt 'zt 0 r4 r4 00 to <b o cy) Ln 5 r4 r4 cy) Ln ob ob to c j m r-4 to lzl� lzl� rl� rl�, 00 Lri Cli kc� 00 Lri 17 VI 0 -zt 0 to r-4 00 m m 00 00 r-4 11 CY) r-4 0 rl 0 ON r-4 Ln Ln Ln -q Ln Ln -q -q Ln Ln -q Ln Ln -q V0 0 -zt 00 00 00 00 00 00 00 00 00 00 00 00 00 00 Cli 0 r-4 oo i cy) m r-4 Ln c ci to to r-4 m cy) q Ln r-4 m -zt F-4 cy) r, r, p -zt cy) to m Ln F-4 to Ln 00 aj (Dr4 cti 17Lr! rl! N� rl! rl! �, Lr! N� 17to rl! rl U � 0 0 CY) 'zt CY) CY) rl M rl 0 0 00 1 M 00 00 rl 0 0 F4 r- <b Ln r- op cy) o F-4 m Ln to to Ln Ln Ln 00 0 0 00 r,�, `,� `,� `,� `,� Lr! Lr! Lr! Lr! Lr! Lr! Lr! Lr! Lr! V) 11 -zt -zt V V V V V rq rq r-4 r-4 r-4 r-4 CY) aj 00 0 0 00 0 bn 14 0 0 tD 0 0 m m 0 00 m m m 00 0 m Ln 0 14 0 0 to m m N 00 00 0 to 0 00 0 CL 0 Lr i Lr i C� �, lzl� lzl� Lr to Lr i 17� 00m m 00 m I -zt I r4 r, <D r4 I rl VI to cy) r, <o Ln -zt m r4 o cy) cy) cy) m Ln Fj rj rj rj rij rj rj Rj Lr l Lr l Lrl rj rj rq rq rq r4 r4 r4 r4 r4 r4 N r4 -q Ln CY) 14 -zt r-4 to 0 Lri lzl� 17� 00 0 00 lD 00 -zt Lr to rl� rl r-4 -zt O 0 0 0 0 O1 to to m m 0 m -zt m to rl 00 m 0 11 N m -zt m to rl N r-4 r-4 r-4 r-4 r-4 r-4 r-4 r-4 r-4 m m m m m m m m 0 0 0 0 0 0 c-I . . . . . . . . . . . . . . . . . . 0 - m m m 00 m 0 00 00 00 0 0 m 0 0 0 0 0 0 m m 00 0 c1 00 m c1 0 " " r4 to r, <D 00 0 r4 <D -zt (1) V N lc� C� 00 r- lc� `,� 00 "I r,�, `,� Lr! i Ln to c i r, oo -zt cy) -zt o cy) r, r-4 m -zt to m Ln cl cl cl cl cl cl cl 0 M M r-4 M M M M M cl r-4 N n, n, n, n, n, n, n, n, C� C� C� Zl� Zl� Zl� Zl� Zl� 00 "1 tm Lr r, r, r, r, r, r, r, r, �o �o �o m m m m m Ln u 0 2 A r, �l tu tu 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 0 " 0 lD 00 to " to to -zt " 00 " lD 00 0 " to -zt 0 lzl� 1717c-I 00 C� Lr i rl� V 17Lr i Cli Lr i rlr,� Q1 to " r, N m N to m N m to N N to m m m c i Ln m m aj U 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 to aj w g g Ln Ln o oo Ln Ln Ln oo g Ln Ln 14 0 0 to m m N 00 00 0 to 0 00 0 aj 0 Lr i Lr to C� Il <0 lzl� lzl� Lr to Lr i 17� 00N m m 00 m I -zt I r4 r, <D r4 I rl 0 to cy) r, <o Ln -zt m r-4 o a) cy) cy) m Ln FrI rrl rrl rrl rrl rrl rrl rrl Lr l Lr l Lrl N r-4 r-4 r.4 r.4 r.4 r.4 r.4 r.4 r.4 r.4 CA r.4 u N m m 00 m m m m m m m 0 0 0 0 0 0 0 0 0 O 00 C� to cri to cri cri 00 cri to C� 00 00 to 0 m m 00 lD r, 0 m m I N -zt " 0 c 1 " 0 r-4 0 00 0 11 m -zt m rl rl 00 . . . . . . . . <D lzl� Lri Lri Lri Lri Lri Lri Lri Lr to 00 N -zt -zt -zt -zt -zt -zt -zt -zt r-4 r-4 r-4 r-4 r-4 r.4 r.4 r.4 CY) Ln 0 0 O.O. 0 O1 to to m m t" 0 11 N m -zt m to rl 00 m 0 11 N m -zt m to rl . . . . . . . . . . m m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . . . . . . . . . . . . . . . . Page 810 of 863 TD Bank, N.A. 301 East Pine Street,Suite 1000 Bank Orlando, FL 32801 Tel: 407-622-3563 Fax:407-423-0070 America's Most Convenient iiankB Sterling.Harrell@td.com April 3, 2020 Ms. Mara Frederiksen Mr. Jay Glover Director of Finance Managing Director City of Boynton Beach PFM Financial Advisors LLC 3301 Quantum Blvd, Suite 101 300 S. Orange Avenue, Suite 1170 Boynton Beach, FL 33426 Orlando, FL 32801 Mr. Michael Dennis Analyst PFM Financial Advisors LLC 300 S. Orange Avenue, Suite 1170 Orlando, FL 32801 RE: Request for Proposal for Cinderella Bank Loan Dear Ms. Frederiksen and Messrs. Glover and Dennis, In response to the Request for Proposal for the City of Boynton Beach, TD Bank, N.A. (the "Bank") is pleased to submit the following proposal to the City of Boynton Beach, Florida (the "City"). The structure of the proposed Credit Accommodation is outlined in the attached term sheet which provides a statement of suggested terms, but under no circumstance shall such statement be construed as a complete summarization of terms necessary for consummation of the proposed Credit Accommodation. PLEASE NOTE THIS PROPOSAL IS SUBJECT TO FORMAL CREDIT REVIEW AND UNDERWRITING IN ACCORDANCE WITH THE BANK'S INTERNAL POLICY AND NOTHING HEREIN SHALL CONSTITUTE A BINDING COMMITMENT TO LEND. Further, we expressly advise you that TD Bank, N.A. has not approved the Credit Accommodation. The Bank shall not be liable to the Borrower or any other person for any losses, damages or consequential damages which may result from the Borrower's reliance upon this proposal letter, the proposed Credit Accommodation, the proposed term sheet or any transaction contemplated hereby. The Bank's Loan Proposal is subject to receipt by the City prior to 5:00 pm eastern standard time on April 3, 2020 and is contingent upon a Loan Closing with mutually acceptable documents between the City and Bank on or before April 30, 2020, unless otherwise negotiated between the Parties. This letter, including the terms contained within the proposed Credit Accommodation, is delivered to you on the condition that its existence and its contents will not be disclosed without our prior written approval, except (i) as may be required to be disclosed in any legal proceeding or as may otherwise be required by law and on a confidential and "need to know" basis, to your directors, officers, employees, advisors and agents. 1 Page 811 of 863 We appreciate this opportunity and are delighted to provide this Proposal. We look forward to working with you to successfully complete this transaction. My contact information is noted above. Very truly yours, TD BANK, N.A. Sterling Harrell Director 2 Page 812 of 863 TD Bank, N.A. TERMS AND CONDITIONS OF CREDIT ACCOMMODATION DATED April 3, 2020 ("Loan") THIS IS A STATEMENT OF TERMS AND CONDITIONS AND NOT A COMMITMENT TO LEND. ALL CREDIT ACCOMMODATIONS ARE SUBJECT TO FORMAL CREDIT UNDERWRITING AND APPROVAL. 1. Loan a) Borrower: City of Boynton Beach, FL (the "Borrower") b) Facility: Series 202OA: Bank Loan (the "2020A Note") issued as a "Cinderella" Bond," as described herein. C) Purpose: The 2020A Note will be issued to refund the City's outstanding Utility System Revenue Bonds, Series 2012 maturing on and after November 1, 2022 and pay costs of issuing the 2020A Note. d) Amount: Not to exceed $43,000,000.00 USD e) Security: The principal and interest on the 2020A Note will be payable solely from and secured by a pledge of the Pledged Revenues, which include (i) Net Revenues of the System, (ii) certain Impact Fees, and (iii) subject to application thereof as provided in the Resolution, amounts in certain funds and accounts established under the Resolution. No Debt Service Reserve Fund will be funded for the 2020A Note. The lien of the 2020A Note on the Pledged Revenues will be on parity with the 2002 Bonds, 2012 Bonds not refunded by the 2020A Note, 2016 Bond, 2018 Bond and any Additional Bonds issued under the Resolution. f) Settlement Date: Estimated April 27, 2020 g) Maturity: November 1, 2034 h) Repayment Interest on the 2020A Note will be paid semi-annually (May 1 and Terms: November 1), commencing on November 1, 2020, based upon a 30/360- day basis. Principal on the 2020A Note will be paid annually (November 1), commencing on November 1, 2020, with final maturity of November 1, 2036 in accordance with the Amortization Schedule attached in Appendix A. i) Interest Rate: Taxable Fixed Rate: 2.56% until satisfaction of conditions to convert to tax-exempt rate as described below. 3 Page 813 of 863 This rate will be held until a settlement date no later than April 30, 2020 so long as the Bank receives notification that it will be recommended Lender on or before 5:OOPM EST on April 3, 2020. In the event the selection or closing goes beyond the dates noted above, the fixed interest rate will be determined by mutual agreement between the parties. The initial taxable rate may be converted to a tax-exempt rate of 2.09%, which based on current tax law we understand can be within 90 days prior to the 2012 Bond first optional redemption date, provided that there shall be no default or event of default and there shall be delivered to the Bank an opinion of bond counsel that the interest on the 2020A Note is excludable from gross income of the owners thereof for Federal income tax purposes. Until the conditions precedent for the conversion to the tax- exempt rate shall be satisfied, the 2020A Note shall continue to bear interest at the taxable rate. j) Prepayment Provision: Option A: At the time of any full or partial prepayment, (i) A "Yield Maintenance Fee" in an amount computed as follows shall apply: This Note may be prepaid on any Business Day in whole or in part upon thirty (30) days prior written notice to the Bank. In the event of any prepayment of the 2020A Note, whether by voluntary prepayment, acceleration or otherwise, the Borrower shall, at the option of the Bank, pay a "fixed rate prepayment charge" equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the "Remaining Term," as hereinafter defined, in years or (ii) a "Yield Maintenance Fee" in an amount computed as follows: The current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent yield) with a maturity date closest to the 'Remaining Term", shall be subtracted from the "Stated Interest Rate"in effect at the time of prepayment. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the amount being prepaid times the number of days in the 'Remaining Term" and divided by 360. The resulting amount is the "fixed prepayment charge" due to the Bank upon prepayment of the principal of this Loan plus any accrued interest due as of the prepayment date and is expressed in the following calculation: Yield Maintenance Fee =[Amount Being Prepaid x (Stated Interest Rate - Current Cost of Funds) x Days in the Remaining Term/360 days] + any accrued interest due 'Remaining Term." "Remaining Term" as used herein shall mean the remaining term of the 2020A Note. Option B: Borrower can elect to have a "No Prepayment" penalty associated with 2020A Note by adding a premium of 14 basis points to the quoted proposed Loan Rates. Partial prepayments shall be applied in inverse order of maturity, treating scheduled amortization installments as maturities. 4 Page 814 of 863 k) Default Rate of Interest: The "default rate of interest" shall be six (6) percentage points in excess of the Prime Rate as quoted in the Wall Street Journal. Events of Default: Will include, but not be limited to: (1) Breach of representation or warranties. (2)Violation of covenants. (3) Bankruptcy or insolvency. (5) Payment default. 1) Late Charges: If any payment due the Bank is more than fifteen (15)days overdue, a late charge of six percent (6%)of the overdue payment shall be assessed. 2. Fees and Expenses: The Borrower shall pay to the Bank on demand any and all costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements, court costs, litigation and other expenses) incurred or paid by the Bank in connection with the loan. The City's bond counsel will provide documentation associated with this transaction. Documentation will be subject to the review and approval of the Bank and the Bank's counsel. The City agrees to pay all legal fees and expenses of the Bank associated with the review and closing of this transaction, which costs may be paid with proceeds of the Loan with a maximum time basis not to exceed $17,500.00 upon initial issuance and $5,000 upon conversion of taxable loan to tax- exempt loan. Bank's counsel shall be the following: Michael Wiener Holland & Knight LLP 2115 Harden Blvd. Lakeland, FL 33803 (863)499-5362 3. Financial Reporting: a) Borrower(s)shall furnish the following financial reports: Type of Report(s) Frequency Due Date Audited Financial Statements Annually Within 210 days after the end of the fiscal year Annual Budget Annually Within 60 days after its adoption The Bank reserves the right to request reasonable additional financial information to supplement or verify certain financial assumptions or verify the creditworthiness of the Borrower. 5 Page 815 of 863 4. Legal Opinion: Prior to closing, there shall be delivered to the Bank: (A) an opinion of Bond Counsel acceptable to the Bank covering matters customary for a transaction of this type and nature and which shall, without limitation, opine that: (1) the Borrower is duly formed; (2) all loan documents have been validly authorized and executed by and on behalf of the Borrower, if any; (3) all loan documents are valid, binding, enforceable in accordance with their terms and do not violate any legal requirements, including without limitation, organizational documents, laws and material agreements; (4) the loan and loan documents are exempt from registration and qualification under the Securities Act of 1933 and Trust Indenture Act of 1939, and (5)the interest on the 2020A Note is not excludable from the gross income of the Bank. (B)An opinion of counsel to the Borrower in form and substance satisfactory to the Bank. 5. Financial Covenants: All standard covenants and provisions shall be applicable to the Loans, including but not limited to: Rate Covenant: The Issuer will fix, establish revise from time to time whenever necessary, maintain and collect always such fees, rates, rentals and other charges for the use of the products, services and facilities of the System which will always provide Net Revenues in each year sufficient to pay one hundred and ten percent (110%) of the Principal and Interest requirements for such Fiscal Year on account of the bonds then outstanding. Additional Bonds Test: The City may issue Additional Bonds under and secured by the Resolution, on a parity as to the pledge of the Pledged Revenues with any other Bonds then Outstanding, provided that there shall be filed with the City a written statement or report, with respect to such Additional Bonds being issued to provide funds to pay the Cost of a Project, described in either (i)or (ii) below, with respect to Additional Bonds, issued to pay debt service on Utility Debt, described in (ii) below: (i) prepared by the Consulting Engineers and demonstrating that the percentage derived by dividing the Net Revenues projected for the System, based upon assumptions approved in writing by each issuer of a Credit Facility after an opportunity to review and comment on such statement or report, for the Fiscal Year following the Fiscal Year in which the Completion Date of the Improvements to be financed by the Additional Bonds then to be delivered is expected to occur, as such Completion Date is established by the Consulting Engineers, adjusted as provided below, by the Maximum Principal and Interest Requirements, including the Principal and Interest Requirements with respect to the Additional Bonds then to be delivered, for any future Fiscal Year is not less than one hundred and ten per centum (110%) or (ii) prepared by the Consulting Engineers, the Finance Director, the Accountant or the Rate Consultant and demonstrating the percentage derived by dividing the Net Revenues for any period of twelve consecutive months selected by the City out of the twenty four month preceding the delivery of such written statement or report, by the Maximum Principal and Interest Requirements, including the Principal and Interest Requirements with respect to the Additional Bonds then to be delivered, for any future Fiscal Year is not less than one hundred and ten per centum (110%), provided, that for purposes of this clause (ii), Net Revenues consisting of Impact Fees and amounts transferred from the Rate Stabilization Account shall not account for more than 10% of the total Net Revenues. The period during which Net Revenues are determined is referred to as the "Measurement Period". 6. Other Conditions: a. To the extent that any other bondholder has acceleration rights or exercises acceleration as a remedy, Bank shall have the same rights and remedies. b. The Borrower shall within five (5) days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Owner, with such written notice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by the Issuer with respect thereto. c. No Material Adverse Change to the Borrower. 6 Page 816 of 863 d. The Borrower shall maintain a Public Debt Rating ("PDR") with at least one of the three major rating agencies throughout the life of the loan with a minimum rating of BBB+/Baa1. Bank will allow for PDR to be dropped if not due to downgrade, suspension or other adverse event in exchange for the Rate Covenant and Additional Bonds Test moving from 1.10X to 1.20X concurrent with withdrawal of Bond Rating. e. Bank to charge $5,000 commitment fee on the Facility. f. The implementation of certain terms, conditions, covenants or other non-material changes to the proposed Credit Accommodation required as part of the Bank's formal credit approval shall be deemed an approval in substantially the form outlined in this proposed Credit Accommodation. g. All standard representations, warranties, rights and remedies in the event of default that are acceptable to the Bank. h. Documents for the 2020A Note will, effective upon a conversion to the tax-exempt interest rate, include determination of taxability language (including retroactive interest, penalties and other fees and costs associated therewith) allowing for a higher taxable loan rate should the IRS deem the Loan to be a taxable facility due to events associated with action or inaction of Borrower. i. All legal matters and documentation to be executed in connection with the contemplated proposed Credit Accommodation shall be satisfactory in form and substance to the Bank and counsel to the Bank. j. The Bank shall not be required to enter into the proposed Credit Accommodation until the completion of all due diligence inquiries, receipt of approvals from all requisite parties and the execution and receipt of all necessary documentation reasonably acceptable to the Bank and its counsel. Furthermore, certain assumptions are made for this proposal which, if altered, could affect the overall credit approval and or terms of the proposed Credit Accommodation. Patriot Act Notice. Lender is subject to the requirements of the USA Patriot Act (Title III of Pub. L. 107- 56) (signed into law October 26, 2001)) (the "Act") and hereby notifies the Borrower and Guarantor that pursuant to the requirements of the Act, it is required to obtain, verify and record information that identifies the Borrower and Guarantor, which information includes the name and address of the Borrower and Guarantor and other information that will allow Lender to identify the Borrower and Guarantor in accordance with the Act. 7 Page 817 of 863 THIS PROPOSAL IS NOT AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY THE BANK OR ANY AFFILIATE TO ENTER INTO ANY CREDIT ACCOMMODATION. Appendix A: Amortization Schedule 11/1/2020 $330,000 11/1/2021 $735,000 11/1/2022 $3,595,000 11/1/2023 $3,690,000 11/1/2024 $3,775,000 11/1/2025 $3,860,000 11/1/2026 $3,955,000 11/1/2027 $4,050,000 11/1/2028 $4,145,000 11/1/2029 $2,260,000 11/1/2030 $2,310,000 11/1/2031 $2,360,000 11/1/2032 $2,405,000 11/1/2033 $2,455,000 11/1/2034 $2,505,000 8 Page 818 of 863 TD Bank, N.A. 301 East Pine Street,Suite 1000 Bank Orlando, FL 32801 Tel: 407-622-3563 Fax:407-423-0070 America's Most Convenient iiankB Sterling.Harrell@td.com April 3, 2020 Ms. Mara Frederiksen Mr. Jay Glover Director of Finance Managing Director City of Boynton Beach PFM Financial Advisors LLC 3301 Quantum Blvd, Suite 101 300 S. Orange Avenue, Suite 1170 Boynton Beach, FL 33426 Orlando, FL 32801 Mr. Michael Dennis Analyst PFM Financial Advisors LLC 300 S. Orange Avenue, Suite 1170 Orlando, FL 32801 RE: Request for Proposal for Tax-Exempt Bank Loan Dear Ms. Frederiksen and Messrs. Glover and Dennis, In response to the Request for Proposal for the City of Boynton Beach, TD Bank, N.A. (the "Bank") is pleased to submit the following proposal to the City of Boynton Beach, Florida (the "City"). The structure of the proposed Credit Accommodation is outlined in the attached term sheet which provides a statement of suggested terms, but under no circumstance shall such statement be construed as a complete summarization of terms necessary for consummation of the proposed Credit Accommodation. PLEASE NOTE THIS PROPOSAL IS SUBJECT TO FORMAL CREDIT REVIEW AND UNDERWRITING IN ACCORDANCE WITH THE BANK'S INTERNAL POLICY AND NOTHING HEREIN SHALL CONSTITUTE A BINDING COMMITMENT TO LEND. Further, we expressly advise you that TD Bank, N.A. has not approved the Credit Accommodation. The Bank shall not be liable to the Borrower or any other person for any losses, damages or consequential damages which may result from the Borrower's reliance upon this proposal letter, the proposed Credit Accommodation, the proposed term sheet or any transaction contemplated hereby. The Bank's Loan Proposal is subject to receipt by the City prior to 5:00 pm eastern standard time on April 3, 2020 and is contingent upon a Loan Closing with mutually acceptable documents between the City and Bank on or before April 30, 2020, unless otherwise negotiated between the Parties. This letter, including the terms contained within the proposed Credit Accommodation, is delivered to you on the condition that its existence and its contents will not be disclosed without our prior written approval, except (i) as may be required to be disclosed in any legal proceeding or as may otherwise be required by law and on a confidential and "need to know" basis, to your directors, officers, employees, advisors and agents. 1 Page 819 of 863 We appreciate this opportunity and are delighted to provide this Proposal. We look forward to working with you to successfully complete this transaction. My contact information is noted above. Very truly yours, TD BANK, N.A. By Sterling Harrell Director 2 Page 820 of 863 TD Bank, N.A. TERMS AND CONDITIONS OF CREDIT ACCOMMODATION DATED April 3, 2020 ("Loan") THIS IS A STATEMENT OF TERMS AND CONDITIONS AND NOT A COMMITMENT TO LEND. ALL CREDIT ACCOMMODATIONS ARE SUBJECT TO FORMAL CREDIT UNDERWRITING AND APPROVAL. 1. Loan a) Borrower: City of Boynton Beach, FL (the "Borrower") b) Facility: Series 202OB: Bank Loan (the "2020B Note") issued as a tax-exempt Bond, as described herein. C) Purpose: The 2020B Note will be issued to refund all of the City's outstanding Utility System Revenue Bond, Series 2018 and pay costs of issuing the 2020B Note. d) Amount: Not to exceed $11,000,000.00 USD e) Security: The principal and interest on the 2020B Note will be payable solely from and secured by a pledge of the Pledged Revenues, which include (i) Net Revenues of the System, (ii) certain Impact Fees, and (iii) subject to application thereof as provided in the Resolution, amounts in certain funds and accounts established under the Resolution. No Debt Service Reserve Fund will be funded for the 2020B Note. The lien of the 2020B Note on the Pledged Revenues will be on parity with the 2002 Bonds, 2012 Bonds not refunded by the 2020B Note, 2016 Bond, 2018 Bond not refunded by the f) Settlement 2020B Note and any Additional Bonds issued under the Resolution. Date: Estimated April 27, 2020 g) Maturity: November 1, 2034 h) Repayment Terms: Interest on the 2020B Note will be paid semi-annually (May 1 and November 1), commencing on November 1, 2020, based upon a 30/360- day basis. Principal on the 2020B Note will be paid annually (November 1), commencing on November 1, 2020, with final maturity of November 1, 2034 in accordance with the Amortization Schedule attached in Appendix A. i) Interest Rate: Tax-Exempt Fixed Rate: 2.16%. This rate will be held until a settlement date no later than April 30, 2020 so long as the Bank receives notification that it will be recommended Lender 3 Page 821 of 863 on or before 5:OOPM EST on April 3, 2020. In the event the selection or closing goes beyond the dates noted above, the fixed interest rate will be determined by mutual agreement between the parties. j) Prepayment Provision: Option A: At the time of any full or partial prepayment, (i) A "Yield Maintenance Fee" in an amount computed as follows shall apply: This Note may be prepaid on any Business Day in whole or in part upon thirty (30) days prior written notice to the Bank. In the event of any prepayment of the 2020B Note, whether by voluntary prepayment, acceleration or otherwise, the Borrower shall, at the option of the Bank, pay a "fixed rate prepayment charge" equal to the greater of (i) 1.00% of the principal balance being prepaid multiplied by the "Remaining Term," as hereinafter defined, in years or (ii) a "Yield Maintenance Fee" in an amount computed as follows: The current cost of funds, specifically the bond equivalent yield for United States Treasury securities (bills on a discounted basis shall be converted to a bond equivalent yield) with a maturity date closest to the 'Remaining Term", shall be subtracted from the "Stated Interest Rate"in effect at the time of prepayment. If the result is zero or a negative number, there shall be no Yield Maintenance Fee due and payable. If the result is a positive number, then the resulting percentage shall be multiplied by the amount being prepaid times the number of days in the 'Remaining Term" and divided by 360. The resulting amount is the "fixed prepayment charge" due to the Bank upon prepayment of the principal of this Loan plus any accrued interest due as of the prepayment date and is expressed in the following calculation: Yield Maintenance Fee =[Amount Being Prepaid x (Stated Interest Rate - Current Cost of Funds) x Days in the Remaining Term/360 days] + any accrued interest due 'Remaining Term." "Remaining Term" as used herein shall mean the remaining term of the 2020B Note. Option B: Borrower can elect to have a "No Prepayment" penalty associated with 2020B Note by adding a premium of 11 basis points to the quoted proposed Loan Rates. Partial prepayments shall be applied in inverse order of maturity, treating scheduled amortization installments as maturities. k) Default Rate of Interest: The "default rate of interest" shall be six(6) percentage points in excess of the Prime Rate as quoted in the Wall Street Journal. Events of Default: Will include, but not be limited to: (1) Breach of representation or warranties. (2)Violation of covenants. (3) Bankruptcy or insolvency. (5) Payment default. 4 Page 822 of 863 1) Late Charges: If any payment due the Bank is more than fifteen (15)days overdue, a late charge of six percent (6%)of the overdue payment shall be assessed. 2. Fees and Expenses: The Borrower shall pay to the Bank on demand any and all costs and expenses (including, without limitation, reasonable attorneys' fees and disbursements, court costs, litigation and other expenses) incurred or paid by the Bank in connection with the loan. The City's bond counsel will provide documentation associated with this transaction. Documentation will be subject to the review and approval of the Bank and the Bank's counsel. The City agrees to pay all legal fees and expenses of the Bank associated with the review and closing of this transaction, which costs may be paid with proceeds of the Loan with a maximum time basis not to exceed $12,000.00. Bank's counsel shall be the following: Michael Wiener Holland & Knight LLP 2115 Harden Blvd. Lakeland, FL 33803 (863)499-5362 3. Financial Reporting: a) Borrower(s)shall furnish the following financial reports: Type of Report(s) Frequency Due Date Audited Financial Statements Annually Within 210 days after the end of the fiscal year Annual Budget Annually Within 60 days after its adoption The Bank reserves the right to request reasonable additional financial information to supplement or verify certain financial assumptions or verify the creditworthiness of the Borrower. 4. Legal Opinion: Prior to closing, there shall be delivered to the Bank: (A) an opinion of Bond Counsel acceptable to the Bank covering matters customary for a transaction of this type and nature and which shall, without limitation, opine that: (1) the Borrower is duly formed; (2) all loan documents have been validly authorized and executed by and on behalf of the Borrower, if any; (3) all loan documents are valid, binding, enforceable in accordance with their terms and do not violate any legal requirements, including without limitation, organizational documents, laws and material agreements; (4) the loan and loan documents are exempt from registration and qualification under the Securities Act of 1933 and Trust Indenture Act of 1939, and (5) the interest on the 2020B Note is excludable from the gross income of the Bank. (B) An opinion of counsel to the Borrower in form and substance satisfactory to the Bank. 5. Financial Covenants: All standard covenants and provisions shall be applicable to the Loans, including but not limited to: Rate Covenant: The Issuer will fix, establish revise from time to time whenever necessary, maintain and collect always such fees, rates, rentals and other charges for the use of the products, services and facilities of the 5 Page 823 of 863 System which will always provide Net Revenues in each year sufficient to pay one hundred and ten percent (110%) of the Principal and Interest requirements for such Fiscal Year on account of the bonds then outstanding. Additional Bonds Test: The City may issue Additional Bonds under and secured by the Resolution, on a parity as to the pledge of the Pledged Revenues with any other Bonds then Outstanding, provided that there shall be filed with the City a written statement or report, with respect to such Additional Bonds being issued to provide funds to pay the Cost of a Project, described in either (i)or (ii) below, with respect to Additional Bonds, issued to pay debt service on Utility Debt, described in (ii) below: (i) prepared by the Consulting Engineers and demonstrating that the percentage derived by dividing the Net Revenues projected for the System, based upon assumptions approved in writing by each issuer of a Credit Facility after an opportunity to review and comment on such statement or report, for the Fiscal Year following the Fiscal Year in which the Completion Date of the Improvements to be financed by the Additional Bonds then to be delivered is expected to occur, as such Completion Date is established by the Consulting Engineers, adjusted as provided below, by the Maximum Principal and Interest Requirements, including the Principal and Interest Requirements with respect to the Additional Bonds then to be delivered, for any future Fiscal Year is not less than one hundred and ten per centum (110%) or (ii) prepared by the Consulting Engineers, the Finance Director, the Accountant or the Rate Consultant and demonstrating the percentage derived by dividing the Net Revenues for any period of twelve consecutive months selected by the City out of the twenty four month preceding the delivery of such written statement or report, by the Maximum Principal and Interest Requirements, including the Principal and Interest Requirements with respect to the Additional Bonds then to be delivered, for any future Fiscal Year is not less than one hundred and ten per centum (110%), provided, that for purposes of this clause (ii), Net Revenues consisting of Impact Fees and amounts transferred from the Rate Stabilization Account shall not account for more than 10% of the total Net Revenues. The period during which Net Revenues are determined is referred to as the "Measurement Period". 6. Other Conditions: a. To the extent that any other bondholder has acceleration rights or exercises acceleration as a remedy, Bank shall have the same rights and remedies. b. The Borrower shall within five (5)days after it acquires knowledge thereof, notify the Bank in writing upon the happening, occurrence, or existence of any Event of Default, any event or condition which with the passage of time or giving of notice, or both, would constitute an Event of Default, and shall provide the Owner, with such written notice, a detailed statement by a responsible officer of the Issuer of all relevant facts and the action being taken or proposed to be taken by the Issuer with respect thereto. c. No Material Adverse Change to the Borrower. d. The Borrower shall maintain a Public Debt Rating ("PDR") with at least one of the three major rating agencies throughout the life of the loan with a minimum rating of BBB+/Baa1. Bank will allow for PDR to be dropped if not due to downgrade, suspension or other adverse event in exchange for the Rate Covenant and Additional Bonds Test moving from 1.10X to 1.20X concurrent with withdrawal of Bond Rating. e. Bank to charge $5,000 commitment fee on the Facility. f. The implementation of certain terms, conditions, covenants or other non-material changes to the proposed Credit Accommodation required as part of the Bank's formal credit approval shall be deemed an approval in substantially the form outlined in this proposed Credit Accommodation. g. All standard representations, warranties, rights and remedies in the event of default that are acceptable to the Bank. h. Documents for the 2020B Note will include determination of taxability language (including retroactive interest, penalties and other fees and costs associated therewith) allowing for a higher taxable loan rate should the IRS deem the Loan to be a taxable facility due to events associated with action or inaction of Borrower. i. All legal matters and documentation to be executed in connection with the contemplated proposed Credit Accommodation shall be satisfactory in form and substance to the Bank and counsel to the Bank. j. The Bank shall not be required to enter into the proposed Credit Accommodation until the completion of all due diligence inquiries, receipt of approvals from all requisite parties and the execution and receipt of 6 Page 824 of 863 all necessary documentation reasonably acceptable to the Bank and its counsel. Furthermore, certain assumptions are made for this proposal which, if altered, could affect the overall credit approval and or terms of the proposed Credit Accommodation. Patriot Act Notice. Lender is subject to the requirements of the USA Patriot Act (Title III of Pub. L. 107- 56) (signed into law October 26, 2001)) (the "Act") and hereby notifies the Borrower and Guarantor that pursuant to the requirements of the Act, it is required to obtain, verify and record information that identifies the Borrower and Guarantor, which information includes the name and address of the Borrower and Guarantor and other information that will allow Lender to identify the Borrower and Guarantor in accordance with the Act. THIS PROPOSAL IS NOT AND SHOULD NOT BE CONSTRUED AS A COMMITMENT BY THE BANK OR ANY AFFILIATE TO ENTER INTO ANY CREDIT ACCOMMODATION. 7 Page 825 of 863 Appendix A: Amortization Schedule 11/1/2020 $310,000 11/1/2021 $630,000 11/1/2022 $650,000 11/1/2023 $660,000 11/1/2024 $670,000 11/1/2025 $690,000 11/1/2026 $705,000 11/1/2027 $715,000 11/1/2028 $730,000 11/1/2029 $750,000 11/1/2030 $765,000 11/1/2031 $780,000 11/1/2032 $800,000 11/1/2033 $815,000 11/1/2034 $830,000 8 Page 826 of 863 11.D. NEW BUSINESS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Discussion concerning adding gender neutral signage to available single occupancy restrooms within the City. Explanation of Request: Unisex designated single occupant public access toilets benefit a range of people with or without special needs, for example people with disabilities, the elderly, and anyone who needs the help of someone of another gender or sex. They are also valuable for parents wishing to accompany one or more of their young children needing a toilet facility. While the push for gender neutral bathrooms benefits a number of different demographics, it is driven by the transgender community to combat harassment and violence against these populations. Facilities staff have inventoried existing buildings and parks for single occupant unisex designated restrooms. The inventory is included as an attachment. Currently there are forty four (44) single occupant restrooms in existing facilities and fifteen (15) single occupant restrooms proposed as part of the Town Square project. Of the 44 existing single occupancy restrooms, 23 are public access with 7 that are designated for unisex or family use. Of the 15 restrooms in the buildings under construction, 6 are public access with 2 designated for children only within the Children's Library and 4 with unisex or family designations. Converting the unisex or family designated single use restrooms to gender neutral restrooms will require the removal and replacement of existing signage. (See attached drawings) How will this affect city programs or services? There will be no impact on city programs or services. Fiscal Impact: Non-budgeted Existing Facilities = $50 x 7 = $350.00 Proposed Facilities = $50 x 4 = $200.00 Total Cost= $550.00 Funds for this work can be appropriated in the current Public Works maintenance budget. Alternatives: Leave existing single occupant restroom signage as is. Strategic Plan: Strategic Plan Application: Climate Action: Page 827 of 863 Climate Action Discussion: Is this a grant? Grant Amount: ATTACHMENTS: Type Description D Drawings Gender Neutral International Sign (Option 1) D Drawings Gender Neutral International Sign (Option 2) D Attachment Single Use Restroom Locations and Count Page 828 of 863 i i �GEN DERN R E"'S"Ti �x is Existing Facilities Number of Family Location Single Occupant Public Access Access Provided Restrooms Signage Barton Park 2 2 0 Jaycee Park 2 2 0 Pence Park 2 2 0 Barrier Free Park 1 1 1 Cemetery 2 2 0 1913 Children's Museum 2 2 0 Oyer Coast Guard Bldg. 2 2 0 Palmetto Greens Park 2 2 0 Senior Center 1 1 1 Temp. Library 4 2 0 Rolling Green [Forestry and Grounds 1 0 0 Public Works Complex 4 0 0 FS#2 4 1 1 FS#3 1 1 1 FS#4 4 1 1 FS#5 8 2 2 Temp. PD Site 2 1 0 1 0 Total Existing Single Occupant Restrooms 1 44 1 23 17 New Facilites (Town Square) Number of Labled for Location Single Occupant Public Access Family Restrooms Access City Hall/Library (Public Access in Chambers Lobby) 5 2 0 Cultural Center (Public Access forADA Only) 3 2 2 Fire Station#1 7 1 1 Amphitheater 1 0 0 Parking Garage (South) 0 0 0 Police Department HQ 3 1 1 Total Proposed Single Occupant Restrooms 19 6 4 Page 831 of 863 12.A. LEGAL 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. Explanation of Request: On July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/ IT, for an initial three ( 3) year term. The Franchise Agreement was negotiated as a revenue generating Agreement whereby FLSC, LLC., was to pay to the City a fixed monthly fee of$2,000.00 per bin, or $ 100,000. 00 annually, whichever was greater for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program. To date the City has not received any money based on the Franchise Agreement and staff is recommending the Agreement with FLSC be terminated. How will this affect city programs or services? Fiscal Impact: Alternatives: Do not authorize termination of the Franchise Agreement. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? Grant Amount: Page 832 of 863 ATTACHMENTS: Type Description D Attachment Correspondence from City Attorney to FLSC, LLC D Agreement Resolution and Franchise Agreement Page 833 of 863 The City ofBounton Beach 01111'1(111'of,THE '1301 P.O. BOX 310 0310 (561) 712-60.70 April 2, 2020 Mark Douglas, Manager Fl-SC, LLC. d/b/a Florida Textile Recycling Program 3911 SW 47th Avenue, Ste. 903 Davie, FL 33314 Re: Franchise Agreement between the City of Boynton Beach and FLSC, LLC for textile Recycling Dear Mr. Douglas: I have been advised, as City Attorney for the City of Boynton Beach, that your company has defaulted in making the franchise fee payments required under the terms of the Franchise Fee Agreement entered into on August 6, 2018. As you know the City has the right to terminate your Agreement with or without a statement of cause. I will bring the default to the attention of the City Commission at its next meeting and request authorization to terminate the Franchise Agreement. It would go a long way to preserve the relationship you intended to form with the City if you make payment prior to the April 21, 2020 Commission meeting so I can advise the City Commission of your good faith effort to comply with the terms of the Agreement. Very truly you -- f James A. Cherof City Attorney JAC/ls cc: Lori LaVerriere, City Manager Mayor and Commission Andre S. Parke, Esquire A-3-fE ICA°s GA II T A 3-710 111TE ��r,�L�{Srz��z ��1 Page 834 of 863 Y i i 1 RESOLUTION NO. R18-058 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLSC, 6 LLC., DBA FLORIDA TEXTILE RECYCLING 7 PROGRAMS, OF DAVIE, FLORIDA FOR A TEXTILE 8 RECYCLING FRANCHISE CITY-WIDE, RFP NO. 009- 9 1210-1.8/IT FOR AN INITIAL THREE (3) YEAR TERM; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS,on March 12,2018 the City opened and tabulated two(2)proposals in 14 response to RFP No. 009-1210-18/IT for Textile Recycling Franchise; and 15 WHEREAS,the proposals were presented to the City Commission on April 3,2018; 16 and 17 WHEREAS, the City Commission approved Option A — Exclusive City-wide 18 Franchise for a textile recycling program; and 19 WHEREAS, the Agreement is a revenue generating Agreement whereby FLSC, 20 LLC.,will pay to the City a fixed monthly fee of$2,000.00 per bin or$100,000.00 annually, 21 whichever is greater,for the exclusive right to implement a Textile Recycling Program City- 22 wide (Option A of the RFP) for a period of three years from the date of execution with an 23 option for an additional three (3)year renewal if deemed in the City's best interest. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to C:\Users\Stanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Agreement_With_FLSC_For_Textile Recyciing_-_Reso.Doc Page 835 of 86 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign an Agreement with FLSC, LLC., d/b/a Florida Textile Recycling Programs of Davie, 33 Florida for a Textile Recycling Franchise in response to RFP No. 009-1210-18/IT for an 34 initial three (3) year term whereby FLSC shall pay to the City a fixed monthly fee of 35 $2,000.00 per bin or $100,000.00 annually, whichever is greater, for the exclusive right to 36 implement a"Textile Recycling Program City-wide(Option A of the RFP)with an option for 37 an. additional three (3) year renewal if deemed in the City's best interest, a copy of the 38 Agreement is attached hereto as Exhibit "A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 17th day of July, 2018. 41 CITY OF BOYNTON BEACH, FLORIDA 42 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Christina L. Romelus s 48 ...- 49 Commissioner—Mack McCray 50 51 Commissioner—Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE -5 -0 57 ATTEST: 58 59 `1 60 61 Juditliik Pyle, CMC — 62 City Clerk 63 64 65 (Corporate Seal) ;:\Users\Stanzionet\?.ppdata\Local\Microsoft\Windows\Temporary Internet iles\Content.IE5\TQFSZ5NC\Agreement_With FLSC_For Textile_Recycling_-_Reso.Doc Page 836 of 863 FRANCHISE AGREEMENT Between CITY OF BOYNTON BEACH, FLORIDA and FLSC,LLC for TEXTILE RECYCLING AND COLLECTION This is an Agreement, made and entered into by and between the City of Boynton Beach (the"CITY"), a Florida municipal corporation, 100 E Boynton Beach Blvd., Boynton Beach, FL 33435, and FLSC, LLC, a Florida limited liability company, d/b/a Florida Textile Recycling Programs, hereinafter referred to as ("CONTRACTOR"). CONTRACTOR maintains an office of business at 3911 SW 47 Ave., Suite 903, Davie, FL 33314. WHEREAS, the CITY issued a Request for Proposals for the operation of a Textile Recycling and Collection Franchise; and WHEREAS, the CONTRACTOR, in response to the RFP (009-1210-18/IT), submitted a proposal which was relied upon by the CITY in selecting the CONTRACTOR to operate the Textile Recycling and Collection Franchise; and WHEREAS,the CITY desires to enter into an agreement with the CONTRACTOR under the terms and conditions of the Agreement as contained herein; and NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree as follows SECTION 1: AGREEMENT 1.1 TERM OF FRANCHISE AGREEMENT This Agreement shall be for a period of three (3)years commencing on the date the Agreement is executed by the CITY. The City of Boynton Beach may extend the contract with the same terms and conditions for an additional three(3)year renewal term subject to vendor acceptance,satisfactory performance,and determination that renewal will be in the best interest of the CITY. 1.2 FRANCHISE The CONTRACTOR shall for the term of the Contract have the exclusive franchise and the sole obligation to operate and maintain a comprehensive Textile Recycling and Collection program including the provision, placement, and maintenance of Textile Recycling Collection Bins in and upon approved properties identified and specified in this Contract.No other services shall be exclusive to the CONTRACTOR. The Contract specifically excludes the collection of Recovered Textile Materials from Commercial Service Units in the Service Area in compliance with the requirements 1 Page 837 of 863 for a local government found in §403.7046(3)F.S. (2014) and as may be amended from time to time.The Contract shall also exclude the location of textile recycling collection bins on properties utilized for the sole purpose of operating K-12" grade schools or properties utilized owned by churches and utilized for the sole purpose of operating churches; subject to the condition that all textile recycling collection bins located on church properties shall be owned and operated by the church and all revenue derived from the textile recycling collection bins shall inure to the church. The CONTRACTOR is authorized by the CITY to enter in and upon public property, in upon over and across the present and future streets,alleys, bridges, easements and other public places of the CITY for the purposes of collecting the Recyclable Textiles within the municipal corporate limits of the CITY, or as directed in conformance with Ordinances and other applicable law. The CITY shall assist CONTRACTOR in enforcing the exclusivity of this Contract. In the event that the CONTRACTOR determines that a commercial establishment has not contracted with a City-registered Recoverable Hauler for textile recycling collection, CONTRACTOR shall notify the CITY. The CITY shall notify the commercial establishment to cure the noncompliance. If the noncompliance is not cured within five (5)work days, the CITY may file an appropriate code enforcement action before the City of Boynton Beach Code Enforcement Special Magistrate, or use any other suitable iegai remedy applicable thereto as determined by the CITY. 1.3 TIME FOR PERFORMANCE Work under this Agreement shall commence on October 1, 2018("WORK COMMENCEMENT DATE"), sixty days from the date of execution of this Agreement. CONTRACTOR shall perform all services and provide all work product required pursuant to this Agreement upon WORK COMMENCEMENT DATE. SECTION 2: DEFINITIONS For the purpose of this Agreement, the definitions contained in this Section shall apply unless otherwise specifically stated. If a word or phrase is not defined in this Section,the definition of such word or phrase as contained in the Code of the CITY shall apply. To the extent the definitions contained herein conflict with similar definitions contained in any federal, state or local law, the definition herein shall prevail. Definitions contained herein shall not be interpreted to require the CONTRACTORto undertake any conduct contraryto federal,state,or local law. When consistent with the context,words used in the present tense shall include the future, words in the plural shall include the singular,and use of the masculine gender shall include the feminine gender. The word "shall" is always mandatory and not merely discretionary. A. Advertisina shall mean any CITY-approved written communication for the purpose of promoting the City's Textile Recycling Service Program either in 2 Page 838 of 863 a written advertisement upon one of the CONTRACTOR's recycling bins, advertisement on the CONTRACTOR's or CITY's website,or by use of any other promotional device previously approved by the City. The CONTRACTOR's name in which it is doing business and written communication as specified in the Contract or written communication as directed by the City Manager or his/her designated representative(s),shall not be considered Advertising. B. Agreement shall mean this Exclusive Franchise Agreement for establishing and operating a Textile Recycling and Collection program in the CITY. C. Aoolicable Law shall mean any city, State of Florida, or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, directive or policy which is in effect, enacted, promulgated, issued or enforced by a court, administrative hearing officer or before a governmental body, during the term of this Contract, and related in any manner to the performance of the CITY or CONTRACTOR under this Contract. D. CITY shall mean the City of Boynton Beach, Palm Beach County, Florida. E. City Manager shall mean the City Manager of the CITY, or his/her designated representative(s). F. city Commission shall mean the CITY Commission of the CITY. G. Collection shall mean the process whereby Textile Recyclables dropped off, delivered, quantified, removed and transported from CONTRACTOR recycling bins,trucks and other collection points. H. Collection Bin shall mean any metal receptacle,with a defined capacity equal to a maximum of 800 pounds designed or intended to be manually dumped into a loader-packer type collection truck. All such Containers must be clearly marked in a manner that identifies it as a Textile Recycling receptacle (a/k/a collection receptacle) so as to prohibit their use for the disposal of other solid waste, medical waste, hazardous waste or foreign objects. The receptacle shall display the CITY logo and CONTRACTOR information, including the name, telephone number, and physical address of the business. CONTRACTOR shall put the following statement on each collection receptacle: "This is not a charity. Textile recycling collections made here support a for-profit business and are not tax deductible." In addition, these containers shall include a notification system that will help limit the number of container pickups. The quantity,style and color(s)of the Textile Recycling Collection Receptacles shall be approved by the City Manager or his/her designated representative(s). See Exhibit A. 3 Page 839 of 863 I. Community Events shall mean events sponsored or co-sponsored by the CITY and CONTRACTOR. J. Contract Administrator shall mean the CITY employee designated by the City Manager to be the CITY's official representative,or if no such party shall thereby be so designated, it may be the City Manager, regarding matters pertaining to this Contract. K. Contract Year shall begin on [DATE] at 12:00 a.m., EST, through [DATE] at 11:59p.m., EST. Each subsequent year shall begin on October I and end on [DATE]. L. CONTRACTOR shall mean the person or entity named above that has entered into this Contract to provide and manage the Textile Recycling and Collection Program described herein for the Service Area. M. County shall mean Palm Beach County, Florida N. Day Bin Trucks shall mean 18 foot trucks that are utilized to pick up textiles from collection bins and may be utilized to ensure cleanliness at high volume locations as long as they are attended, limited in operation to 9:00 AM- 5:00 PM daily, and must be removed from each high volume site daily. O. Franchise Fee shall mean the revenues paid from the CONTRACTOR to the CITY for the right to the textile recycling and collection franchise. P. Gross Revenues shall mean all revenues collected by the CONTRACTOR,from any source whatsoever, arising from, attributable to or in any way derived from the Textile Recycling services it provides pursuant to this Contract. Qr Hazardous Waste shall mean Solid Waste, or a combination of Solid Wastes, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed; any waste, substance, object or material deemed hazardous under: (i) Section403.703, Florida Statutes; (ii) RCRA, 42 U.S.C.A §6901 et seq.; (iii) CERCLA, 42 U.S.C.A. § 9601 et seq; (iv) Toxic Substances Control Act, 15 US.C. §2607, et seq., and in each case, applicable regulations promulgated thereunder. The term does not include human remains that are disposed of by persons licensed under Chapter 470,Florida Statutes. R. Ordinance shall mean those parts of the code of the CITY governing 4 Page 840 of 863 Textile Collection,Disposal and Recycling activities within the CITY. S. Recovered Materials shall mean those materials meeting the statutory definition set forth in F.S. 403.7046. Recovered Materials that meet the statutory definition are metal, paper, glass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled and have been diverted and source separated or have been removed from the Solid Waste stream for sale, use or reuse as raw materials, whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered Materials as described above are not Solid Waste. Construction and Demolition Debris is not Recovered Materials. T. Recyclable Materials shall mean those materials which are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste.Textiles, for purposes of this exclusive franchise agreement, are Recyclable Materials to be collected by the CONTRACTOR under the parameters of this contract. Other known Recyclables shall include all materials that are accepted by a Designated Recycling Facility. These materials may be re- defined by the CITY from time-to-time, at the sole discretion of the CITY. U. Recycling shall mean any process by which materials which would otherwise have been Solid Waste, are collected, separated, or processed and reused or returned to use in the form of raw materials or products. The recycling process shall include the Textile Recycling program undertaken by the CITY through its exclusive franchise agreement with the CONTRACTOR, with the intent of redistributing textiles for reuse, return to use and for avoidance of landfill depletion. V. Service Area shall mean the municipal limits of the CITY. W. Unacceptable Waste shall refer to (a) Solid Waste; (b) Construction and Demolition Debris (c) Recoverable items other than Textiles (d) Hazardous Wastes, cleaning fluids, hazardous paints, acids, caustics, poisons, radioactive materials, fine powdery earth used to filter cleaning fluid, and refuse of similar nature; (e) any controlled substances regulated under the Controlled Substances Act, 21 USC 801 et seq., or any equivalent state law; (f) and, all other items of waste which the CONTRACTOR reasonably believes would be likely to pose a threat to public health or safety or the acceptance and disposal of which may cause damage to the Designated Textile Recycling Facility or that which may be in violation of any judicial decision, order, action, permit, authorization, license, approval or registration of any federal, state or local government or any agency thereof, or any other regulatory authority or applicable law or regulations. SECTION 3: SCOPE OF SERVICES TO BE PROVIDED TO THE CITY 5 Page 841 of 863 The CONTRACTOR shall provide the services identified in Section Ii-Scope of Services and attached hereto as Exhibit"A", Option A- Exclusive City-Wide Franchise Program. 3.1 FRANCHISE SERVICES The CITY hereby grants the CONTRACTOR the right to erect, place, maintain, and install CITY approved textile recycling collection bins at CITY-owned or private properties as approved by the CITY. 3.2 COLLECTION BIN LOCATIONS Upon contract execution, CONTRACTOR shall have the right to erect 50 collection bins, in consideration for the annual Franchise Fee (12000 per bin per year or $100,000.00 per year whichever is greater"), at high volume locations,on approved CITY or private properties. The City Manager or his/her designated representative(s) must approve of all proposed containers prior to placement. The day bin trucks shall be utilized at a maximum of 4 high volume locations and may be in operation from 9:OOAM- 5:00PM daily. These trucks must be attended and removed daily. No overnight parking is permitted. The City Manager or his/her designated representative(s)reserves the right to deny the CONTRACTOR's collection bins access to certain public lands inside the CITY where it is in the best interest of the general public to do so due to conditions of such areas, including aesthetics, streets and traffic flow. The CONTRACTOR shall use best efforts to not interrupt the quality of life for any residents. No collection of any Textile Recycling Collection Bin may be undertaken before 7:OOA.M. or after 7:OOP.M. on any week day and no collection may occur on any Saturday, Sunday or Holiday. CONTRACTOR may seek exemption for collection regulations found herein from the City Manager or his/her designee if it can be shown that no deleterious impact upon Boynton Beach residents will occur. Priorto its placement of aTextile Recycling Collection Bin on a CITY-OWNED property, CONTRACTOR shall request and receive the written approval of the CITY for any Public Property location placement; Prior to the placement of any Textile Recycling Collection Bin on privately-owned property, the CONTRACTOR shall submit written authorization from the Private Property Owner permitting said placement that shall be submitted to the CITY prior to the approval of any private property location. 3.3 COLLECTION BIN INSTALLATION, MAINTENANCE AND REMOVAL All costs and expenses associated with the installation,removal,replacement,repair, 6 Page 842 of 863 maintenance, and general overall appearance including labor and materials, of collection bins, pursuant to this Agreement shall be borne solely by CONTRACTOR. Installation and placement of all collection bins shall comply with all Federal, State, and Local rules and regulations; this shall include compliance with the Americans with Disabilities Act and applicable Florida Department of Transportation (FDOT) regulations. CONTRACTOR shall install, maintain,and keep in good repair any and all such units that are placed in the CITY.Vandalized or otherwise damaged collection bin shall be replaced or repaired within seventy-two(72) hours. CITY agrees to issue a Master Permit for all collection bins and any other appurtenances that are part of the installations covered by this Agreement.All CITY inspections of said installations shall be scheduled by CONTRACTOR for each bin and be required to meet CITY Code and/or other applicable laws. At all times, CONTRACTOR shall maintain the units in a safe condition and shall make regular inspections at least two (2) times per week to ascertain that all units are safe and in good condition. CONTRACTOR shall maintain each unit in a good state of repair and appearance, and shall keep the surrounding area free of debris, and other rubbish. CONTRACTOR has seventy- two (72) hours to inspect, repair, and make safe any faulty unit that is reported or discovered during regular inspection. CONTRACTOR shall use goad faith efforts to remove debris in an area ten (10) feet from each side of the shelter. CITY shall have the right to request removal and/or the relocation of a unit if the continued maintenance at the location concerned, will obstruct traffic or create a hazard to the public safety,welfare or convenience. CONTRACTOR shall remove all CONTRACTOR owned property at the conclusion of the term of this Agreement, in the event that the Agreement is not extended. If CONTRACTOR fails to remove said property, within sixty (60) days of the date if the expiration of the Agreement the CITY shall have the right to accomplish said removal,with CONTRACTOR indemnifying the CITY and agreeing to reimburse CITY for all costs incurred for the removal. In an Emergency event such as a hurricane warning, tornado, major storm, natural disaster, or other such event, the City Manager or his/her designated representative(s)shall request that the CONTRACTOR remove all existing Textile Recycling Collection Bins to a pre- approved location in CITY or at an existing safe storage facility provided by the CONTRACTOR. 7 Page 843 of 863 SECTION 4:FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees !Payments shall be paid as follows: Except for year one which will be prorated,CONTRACTOR will pay annually to the CITY $2,000.00 per bin as Guaranteed Annual Revenue or $100,000.00 whicever is greater. Guaranteed Annual Revenue will be paid on a monthly basis in the amount of $8,333.33 per month during the Term of this Agreement, with the first payment being due on-_ (`Fee Commencement Date'),ninety days following the execution of this Agreement. Payment shall thereafter be made on the 10th day of each successive month. Commencing [DATE] and yearly thereafter, the guaranteed revenue stated above, will be adjusted in accordance with the Consumer Price Index- All Urban Consumers' (Series IDCUURA320SAO and CUUSA320SAO) for Miami-Fort Lauderdale as published by the US Department of Labor, Bureau of Labor Statistics, or successor agency. If the agreement is terminated the parties agree that any payments due, will be prorated to the actual termination date. 4.2 CONTRACTOR GOODWILL The CONTRACTOR agrees to work with the CITY to hold two (2) clothing and shoe drives not to exceed one (1) week per drive to benefit the CITY. Revenue received by the CITY will be earmarked for education, safety or as otherwise directed by the CITY Commission. The CONTRACTOR shall provide advertising, vehicles and personnel subject to the CITY's approval. The CITY shall provide the collection locations for these drives. CONTRACTOR will pay to the CITY $.10 per pound of Textile recyclables collected during any such drives. The CONTRACTOR agrees to provide vouchers totaling $5,000 annually in increments of $25.00 each at a location of the City's choosing for the City's community endowment recipients at the City's choosing. 4.3 AUDITING The CITY requests that the CONTRACTOR maintain monthly logs of the following substantive data: 1. Collection bins to be identified by site location; 2. Dates of collection from each collection bin; 8 Page 844 of 863 3. Cumulative weight of respective bins during and at end of month; 4. Collective total weight tallied by monthly collections of CONTRACTOR CITY may inspect and audit, or retain an independent third party to inspect and audit any and all books and records of the CONTRACTOR relevant to the computation of the Textile Recyclable program collection total weight statistics, and may re-compute any amounts determined to be payable under this Contract. CONTRACTOR shall preserve and make available, at reasonable times for examination and audit by CITY , all financial records,supporting documents, statistical records, and any other documents pertinent to this Agreement for the required retention period of the Florida Public Records Act, Chapter 119, Florida Statutes, as may be amended from time to time, if applicable, or, if the Florida Public Records Act is not applicable, for a minimum period of three (3) years after termination of this Agreement. All books and records of the CONTRACTOR relevant to the determination of textile recyclable franchise or associated fees due shall reside in the County. The cost of the audit will be borne by the CONTRACTOR, if as a result of the audit, the CITY determines that the CONTRACTOR has underpaid the textile recyclable payments owed in any amount. 4.4 METHOD OF BILLING AND PAYMENT Any and all payments to the CITY shall be made payable to the following address: CITY OF BOYNTON BEACH ATTN: Finance Director P.O. Box 310 Boynton Beach, FL 33425 4.5 FAVORED NATION in the event that the CONTRACTOR subsequently enters into an agreement for a term of more than 12 months (including renewal and option periods) for a textile recycling franchise with a governmental agency anywhere within Palm Beach County of comparable population size (within 10% of Boynton Beach's Current Population) or less and under contract terms (an "Eligible Agreement"), the CONTRACTOR shall provide the CITY with a copy of the Eligible Agreement within 60 calendar days of execution thereof. If the CITY determines that the Eligible Agreement includes revenues that exceed the revenues as set forth herein, the CITY may provide written notice to CONTRACTOR of CITY's determination, and, if the CITY does so,the CITY's revenue shall automatically be increase to match the revenues of the Eligible Agreement and shall commence to be paid within 60 calendar days after written notice from the CITY of any such increase due was mailed by the CITY to the CONTRACTOR. SECTION 5• INSURANCE AND INDEMINIFICATION POLICY 5.1 INSURANCE 9 Page 845 of 863 CONTRACTOR shall at all times during the agreement, maintain a comprehensive general liability policy as set forth: CONTRACTOR agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverages,limits, including endorsements described herein. The requirements contained herein, as well as CITY's review or acceptance of insurance maintained by CONTRACTOR is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CONTRACTOR under this contract. Commercial General Liability CONTRACTOR agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Coverage shall not contain any endorsements) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Worker's Compensation Insurance & Employers Liability CONTRACTOR agrees to maintain Worker's Compensation Insurance & Employers Liability in accordance with Florida Statute Chapter 440. Additional Insured CONTRACTOR agrees to endorse CITY as an Additional Insured with a CG 2026 07 04 Additional - Insured -Designated Person or Organization endorsement or CG 20 1 0 19 0 1 Additional Insured- Owners, Lessees, or Contractors-Scheduled Person or Organization or CG 2010 07 04 Additional Insured - Owners, Lessees, or Contractors - Scheduled Person or organization in combination with CO 2037 07 04 Additional Insured - Owners. Lessees Contractors- Completed Operations, or similar endorsements, to the Commercial General Liability.The Additional Insured shall read"City of Boynton Beach." Waiver of Subrogation CONTRACTOR agrees by entering into this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer, or should a policy condition not permit CONTRACTOR to enter into an pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis. Certificate(s) of Insurance CONTRACTOR agrees to provide CITY a Certificate(s) of Insurance evidencing that all coverages, limits,and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non- renewal coverage.The Certificate Halder address shall read: City of Boynton Beach HR Risk Manager P.O. Box 310 10 Page 846 of 863 Boynton Beach, FL 33425 Umbrella or Excess Liability. CONTRACTOR may satisfy the minimum liability limits required above for Commercial General Liability or Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest"Each Occurrence"limit for either Commercial General Liability or Business Auto Liability. CONTRACTOR agrees to endorse CITY as an "Additional Insured"on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a"Follow-Form" basis. Right to Revise or Reject. CITY reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverages and endorsements, or to reject any insurance policies which fail to meet the criteria stated herein.Additionally,CITY reserves the right,but not the obligation,to review and reject any insurer providing coverage due to its poor financial condition or failure to operating legally. Business Automobile Liability Insurance. CONTRACTOR agrees to provide minimum limits of one million dollars ($1,000,000.00) per occurrence combined single limit for bodily injury liability and property damage liability. Coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability Policy,without restrictive endorsement,as filed bythe Insurance Services Office and must include: • Owned vehicles • Hired and non-owned vehicles • Employers' non-ownership if no automobiles are owned by the CONTRACTOR,a statement to that extent will be provided to the CITY. Notice of Cancellation and/or Restriction: The policy(ies) must be endorsed to provide CITY with thirty (30) days' notice of cancellation and/or restriction. 5.2 PROPERTY DAMAGE The CONTRACTOR shall be responsible for the repair or replacement,if repair is not adequate of any damages to public or private property during the provision of Textile Recycling collection service caused by the CONTRACTOR or the CONTRACTOR's representative. The CONTRACTOR shall notify the City Manager or his/her designee of any reports by CITY citizens or CONTRACTOR employees of property damage within twenty-four (24) hours of occurrence or report. 5.3 INDEMNIFICATION To the extent of its negligence or other fault, the CONTRACTOR shall indemnify, 11 Page 847 of 863 defend and hold harmless the CITY and its elected officials, appointed officials, employees and other agents (collectively referred to as "Indemnitees") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Contract which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of the CONTRACTOR or its employees,agents or sub-contractors(collectively referred to as "CONTRACTOR"), regardless of whether it is, or is alleged to be, caused in whole or in part (whether joint, concurrent or contributing) by any act, omission, default or negligence(whether active or passive)of the Indemnities,or any of them or (ii) the failure of the CONTRACTOR to comply with any of the paragraphs herein or the failure of the CONTRACTOR to conform to statutes, ordinances,or other regulations or requirements of any governmental authority, federal, state, or local, in connection with the performance of this Contract. The CONTRACTOR expressly agrees to indemnify and hold harmless the Indemnities, or any of them, from and against all liabilities which may be asserted by an employee or former employee of the CONTRACTOR, as provided above,for which the CONTRACTOR's liability to such employee would otl;erwise be limited to payments under State Worker's Compensation or similar laws. Nothing herein is intended to serve as a waiver of sovereign immunity by the CITY or any party entitled thereto nor shall anything included herein be construed as consent to be sued by third parties in any matter arising out of this agreement or any other contract.The City of Boynton Beach is a State political subdivision as defined in Chapter 768.28 F.S. and is entitled to the immunity afforded therein.(See Exhibit C) SECTION 6:TERMINATION This Agreement may be terminated with or without cause by the City Commission upon ninety(90) days' prior written notice to the CONTRACTOR, provided however, that for the first sixty(60) days of this Agreement,the CITY may only terminate this Agreement for cause. Thereafter, the CITY may terminate with or without cause. Upon termination,CONTRACTOR shall be obligated to removal of any and all textile collection bins within the CITY. The Agreement may be terminated for cause by the aggrieved party if the party in material breach has not corrected the breach within thirty(30)calendar days after written notice from the aggrieved party identifying the breach and the parties agree that a breach has occurred.All Articles in this contract are material and a breach of any Article shall be grounds for termination for cause. Notice of termination shall be provided in accordance with the "NOTICES" section of this Agreement except that notice of termination by the City Manager,which the City Manager deems necessary to protect the public health, safety, or welfare may be verbal notice that shall be promptly confirmed in writing in accordance with the "NOTICES"section of this agreement. 12 Page 848 of 863 SECTION 7: PUBLIC ENTITY CRIME ACT CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, as may be amended from time to time, which essentially provides that a person or affiliate who is a CONTRACTOR, consultant, or other provider and who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to CITY, may not submit a bid on a contract with CITY for the construction or repair of a public building or public work, may not submit bids on leases of real property to CITY, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or consultant under a contract with CITY, and may not transact any business with CITY in excess of the threshold amount provided in Section 287.017, Florida Statutes, as may be amended from time to time, for category two purchases for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. violation of this section shall result in termination of this Agreement and recovery of all monies paid by CITY pursuant to this Agreement, and may result in debarment from CITY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination., based on an audit,that it committed an act defined by Section 287.133; Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime' regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. SECTION 8: INDEPENDENT CONTRACTOR CONTRACTOR is an independent CONTRACTOR under this Agreement. Services provided by CONTRACTOR pursuant to this Agreement shall be subject to the supervision of CONTRACTOR. In providing such services, neither CONTRACTOR nor its subcontractors or agents shall act as officers, employees, or agents of CITY. No partnership, joint venture, or other joint relationship is created hereby. CITY does not extend to CONTRACTOR or CONTRACTOR's subcontractors or agents any authority of any kind to bind CITY in any respect whatsoever. SECTION 9•THIRD PARTY BENEFICIARIES Neither CONTRACTOR nor CITY intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. SECTION 10.ASSIGNMENT AND PERFORMANCE 13 Page 849 of 863 Neither this Agreement nor any right or interest herein shall be assigned, transferred, or encumbered without the written consent of the other party. CITY may terminate this Agreement, effective immediately, if there is any assignment, or attempted assignment, transfer, or encumbrance, by CONTRACTOR of this Agreement or any right or interest herein without CITY's written consent, irrespective of any termination procedures identified herein. CONTRACTOR represents that each person who will render services pursuant to this Agreement is duly qualified to perform such services by all appropriate governmental authorities, where required, and that each such person is reasonably experienced and skilled in the area(s) for which he or she will render his or her services. CONTRACTOR shall perform its duties, obligations, and services under this Agreement in a skillful and respectable manner.The quality of CONTRACTOR's performance and all interim and final product(s) provided to or on behalf of CITY shall be comparable to the best local and national standards. SECTION 11: CONFLICTS Neither CONTRACTOR nor its employees shall have or hold any continuing or frequently recurring employment or contractual relationship that is substantially antagonistic or incompatible with CONTRACTOR's loyal and conscientious exercise of judgment and care related to its performance under this Agreement. In the event CONTRACTOR is permitted pursuant to this Agreement to utilize subcontractors to perform any services required by this Agreement, CONTRACTOR agrees to require such subcontractors, by written contract, to comply with the provisions of this section to the same extent as CONTRACTOR. SECTION 12• MATERIALITY AND WAIVER OF BREACH CITY and CONTRACTOR agree that each requirement, duty, and obligation set forth herein was bargained for at arms-length and is agreed to by the parties in exchange for quid pro quo, that each is substantial and important to the formation of this Agreement and that each is,therefore, a material term hereof. CITY's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. SECTION 13• COMPLIANCE WITH LAWS CONTRACTOR shall comply with all applicable federal, state, and local laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and 14 Page 850 of 863 obligations pursuant to this Agreement. SECTION 14:SEVERANCE In the event a portion of this Agreement is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless CITY or CONTRACTOR elects to terminate this Agreement. An election to terminate this Agreement based upon this provision shall be made within seven (7) calendar days after the finding by the court becomes final. SECTION 15• IOINT PREPARATION Each party and its respective legal counsel(s) have participated fully in the review and revision of this Agreement and acknowledge that the preparation of this Agreement has been their joint effort.The language agreed to expresses their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. SECTION 16: IURISDICTION VENUE WAIVER OF IURY TRIAL This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties agree and accept that jurisdiction of any controversies or legal problems arising out of this Agreement, and any action involving the enforcement or interpretation of any rights hereunder, shall be exclusively in the state courts of the Fifteenth judicial Circuit in Palm Beach County, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts, forsaking any other jurisdiction which either party may claim by virtue of its residency or other jurisdictional device. BY ENTERING INTO THIS AGREEMENT, CONTRACTOR AND CITY HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity, or of any other immunity, defense, or privilege enjoyed by the CITY pursuant to Section 768.28 Florida Statutes. SECTION 17 REQUISITE FORMALITY OF FUTURE MODIFICATIONS_FTS No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document prepared with the same or similar formality as this Agreement and executed by the CITY and CONTRACTOR or others delegated authority to or otherwise authorized to execute same on their behalf. 15 Page 851 of 863 SECTION 18•PRIOR AGREEMENTS SUPERSEDED This document represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment,agreement,or understanding concerning the subject matter of this Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement,whether oral or written. SECTION 19;INCORPORATION BY REFERENCE The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibits and whereas clauses are hereby incorporated into and made a part of this Agreement. SECTION 20•REPRESENTATION OF AUTHORITY Each individual executing this Agreement 'on behalf of a party hereto hereby represents and warrants that he or she is,on the date he or she signs this Agreement, duly authorized by all necessary and appropriate action to execute this Agreement on behalf of such party and does so with full legal authority. SECTION 21: NOTICE Whenever any party desires to give notice unto any other party, it must be given by written notice, sent by certified United States mail, with return receipt requested, or by facsimile transmission with certification of transmission to the receiving party, addressed to the party for whom it is intended and the remaining party, at the places last specified, and the places for giving of notice shall remain such until they shall have been changed by written notice in compliance with the provisions of this Section. For the present, the CONTRACTOR and the CITY designate the following as the respective places for giving of notice: As to CITY: Lori LaVerriere, City Manager City of Boynton Beach PO Box 310. Boynton Beach, Florida 33425 Copy to: 16 Page 852 of 863 Jim Cherof CITY Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 As to CONTRACTOR: Marc Douglas Manager FLSC,LLC 3911 SW 47 Ave. Suite 903 Davie, FL 33314 Andre S. Parke Sachs Sax Caplan 6111 Broken Sound Parkway NW Boca Raton, FL 33487 IN WITNESS WHEREOF,the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed hereon,the day and year first above written. CITY OF BOYNTON BEACH, FLORIDA Attest: j' � f Judi A P le, CMC', City Clerk Lori LaVerriere, City Manager J v 60 day of OL- 2018 Approved a to f r and legality by Office of CI ttorney By: --- -------- ------ ---------- Ja es A. Ch rof Attorney 17 el Page 853 of 863 ( CON ACTOR WITNESSES: FLSC, LLC Signature Print Name Lang -title rint Name and Title day o> -j --- ----- 2018 /&day of---���----- 2018 --= ---- ------------------- S' ature —1-----�------------=---------------- Print Name and Title day of--J`_,-- ------, 2018 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to ad mi ter oaths and take ackftledgments, personally appeared AiVK _ as - ---- of __ � _ and organization authoWized to do busi_ ness in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of ------------------ for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me, or has produced ----------------- as identification. IN WITNESS OF THE FOREGOING, I avZ;p icial seal in the State his _ _ da018. NotaryPuWic-State ofFlw' n=GGt3tt45 Mycomm.Fxoues2021 —NOTAR My Com�missio�n Expires ss Page 854 of 863 i I 1 RESOLUTION NO. R18-058 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN AGREEMENT WITH FLSC, 6 LLC., DBA FLORIDA TEXTILE RECYCLING 7 PROGRAMS, OF DAVIE, FLORIDA FOR A TEXTILE 8 RECYCLING FRANCHISE CITY-WIDE, RFP NO. 009- 9 1210-181IT FOR AN INITIAL THREE (3)YEAR TERM; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS,on March 12,2018 the City opened and tabulated two(2)proposals in 14 response to RFP No.009-1210-18/IT'for Textile Recycling Franchise;and 15 WHEREAS,the proposals were presented to the City Commission on April 3,2018; 16 and 17 WHEREAS, the City Commission approved Option A — Exclusive City-wide 18 Franchise for a textile recycling program;and 19 WHEREAS,the Agreement is a revenue generating Agreement whereby FLSC, 20 LLC.,will pay to the City a fixed monthly fee of$2,000.00 per bin or$100,000.00 annually, 21 whichever is greater,for the exclusive right to implement a Textile Recycling Program City- 22 wide(Option A of the RFP)for a period of three years from the date of execution with an 23 option for an additional three(3)year renewal if deemed in the City's best interest. 24 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH,FLORIDA,THAT: 26 27 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to :\Users\Stanzionet\AppdataUL al\Microsot..Windows?Temporary Internet Files\Content.[E5\52FYTEOE1Agreement_With FLSC For_Textile_Recyciing_-_Reso.Doe Page 855 of 863 31 Section 2. The City Commission approves and authorizes the City Manager to 32 sign an Agreement with FLSC.LLC.,dlb/a Florida Textile Recycling Programs of Davie, 33 Florida for a Textile Recycling Franchise in response to RFP No. 009-1210-18/IT for an 34 initial three (3)year term whereby FLSC shall pay to the City a fixed monthly fee of 35 $2,000.00 per bin or$100,000.00 annually,whichever is greater,for the exclusive right to 36 implement a Textile Recycling Program City-wide(Option A of the RFP)with an option for 37 an additional three (3)year renewal if deemed in the City's best interest, a copy of the 38 Agreement is attached hereto as Exhibit"A". 39 Section 3. This Resolution shall become effective immediately upon passage. 40 PASSED AND ADOPTED this 17`h day of July,2018. 41 CITY OF BOYNTON BEACH,FLORIDA 42 43 YES NO 44 45 Mayor—Steven B.Grant 46 47 Vice Mayor—Christina L.Romelus v 48 49 Commissioner—Mack McCray 50 51 Commissioner--Justin Katz 52 53 Commissioner—Joe Casello 54 55 56 VOTE 57 ATTEST: 58 59 60 - 61 Judith; Pyle,CMC 62 City,Clerk 63 64 65 (Corporate Seal) :BUsenStanzionet\Appdata\Loml\Microsoft\Windows\Temporary Internet iles\Cwwiit.IL5\TQFSZ5NCvlgreement_W ith_FLSC_For_Textile_Recyeiin�_Reso.Doc Page 856 of 863 13.A. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Mary Lou Bedford, Chief Executive Officer of the Central Palm Beach County Chamber of Commerce will present on member benefits. - May 5, 2020 Explanation of Request: N/A How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: Strengthen Local Business Economy Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 857 of 863 13.B. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Staff and the Town Square Development team (E2L Solutions and J KM Developers) will present an update to the Commission on the Town Square Project- May 5, 2020. 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 858 of 863 13.C. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: The City Commission requested a presentation of the Town Square Opportunity Fair hiring efforts and results. - May 5, 2020 Explanation of Request: E21- Real Estate Solutions, through SA Nelson &Associates hosted an Opportunity Fair for the Town Square development project. Job seekers and vendors were afforded an opportunity to connect with project contractors, subcontractors, vendors. The Commission requested a presentation of the results of the hiring efforts. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: N/A Strategic Plan: Building Wealth in the Community Strategic Plan Application: This initiative links Boynton Beach residents and businesses with job and contracting opportunities on the Town Square development project. Climate Action: No Climate Action Discussion: Is this a grant? Grant Amount: Page 859 of 863 13.D. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Consideration of an ILA between the City and CRA for CRA funding of the BB Blvd. E)dension Project for $500K. - May 19, 2020. 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 860 of 863 13.E. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Provide update on potential sale of the Nichol's property to Pulte Homes- 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 861 of 863 13.F. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance- 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 862 of 863 13.G. FUTURE AGENDA ITEMS 4/21/2020 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/21/2020 Requested Action by Commission: Request by Mayor Grant to discuss Wellington's home based business regulations. - 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 863 of 863