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Agenda 06-16-20
The C ity of Boynton Beach City Com m i ssion Agenda Tuesday, June 16, 2020, 5:30 PM G oToWeb in ar O nlin e Meetin g Boynton Beach City Commission M ayor S teven B . Grant (A t Large) Vice M ayo r Ty P enserga (D istrict I V ) C ommissio ner Justin K atz (D istrict I) C ommissio ner Woo dro w L. Hay (District I I) C ommissio ner C hristina L. R omelus (D istrict I I I) Lori LaVerriere, City M anager James Chero f , City A ttorney C rystal Gibso n, City C lerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www.boy nton-beach.org Page 1 of 651 W elcome Thank you for attending the C ity Commission Meeting Gener al Rules & Procedures for P ublic Participation at City of B oynton Beach Commission Meetings The Agenda: There is an official agenda for every meeting of the City Commissioners, which deter mines the or der of business conducted at the meeting. The City C ommission will not take action upon any matter, proposal, or item of business, which is not listed upon the official agenda, unless a major ity 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 disc uss individually and which are voted on as a group. Regular Agenda Items: These are items whic h the C ommission will discuss individually in the order listed on the agenda. Voice Vote: A voic e vote by the Commission indicates approval of the agenda item. This c an be by either a regular voice vote with "Ayes & Nays" or by a roll c all vote. Speaking at Commission Meetings: The public is encouraged to offer c omment 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 suc h, the Commission retains the right to impose time limits on the disc ussion on an issue. Public Hear ings: Any citizen may speak on an official agenda item under the section entitled "Public Hearings." Public Audience: Any citizen may be heard c oncerning 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 offic ial agenda item(s) listed on the agenda after a motion has been made and properly seconded, with the exc eption of Consent A genda I tems that have not been pulled for separate vote, reports, and presentations. - Time Limit - Three (3) Minutes. Due to the C OV I D -19 public health emergency and in acc ordance with Governor DeSantis's Emergency Orders, the City of Boy nton 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 C ity of Boynton Beach enc ourages interested parties to attend and participate in public meetings via c ommunic ations media technology online. To view and/or participate in the City Commission meeting y ou have the following options: 1. Watch the meeting online, but not par ticipate: You may watc h the meeting via the GoToWebinar platform. Visit the City's website at www.boy nton-beach.org to acc ess the up-to-date link to the meeting. 2. Watch the meeting online and pr ovide public comment prior to the meeting: You may watc h the meeting as listed above and provide written comments by emailing city manager@bbfl.us by Noon on J une 16, 2020 or c alling (561) 742-6006 and leaving a message on the public c omment hotline. Messages left on the hotline will be transcribed. Please inc lude y our full name and the spec ific agenda item Page 2 of 651 number(s) for y our c omments. Comments received by the deadline will be read into the rec ord. 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 pr ovide public comment during the meeting: To request to speak during the meeting, you c an electronic ally "raise your hand" or type a question using the GoToW ebinar 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 c ontac t C rystal Gibson, City Clerk, at cityc lerk@bbfl.us or (561) 742-6061. Page 3 of 651 1.O penings A.Call to Order - May or Steven B. Grant I nvoc ation P ledge of Allegiance to the Flag led by C ommissioner Christina L. Romelus Roll Call A genda Approval: 1. Additions, Deletions, Correc tions 2. Adoption 2.O ther A.I nformational items by Members of the City C ommission 3.Announcements, C ommunity And Special Events And Presentations A.W endy Sartory Link, P alm Beach County Supervisor of E lections, will give an update on upcoming elec tions. B.A nnounc e F Y 20/21 Budget Workshops dates and times. C.A nnounc ement of Limited Summer Camp 2020 4.Public Audience Individual Speakers W ill 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 C ommission) 5.Administrative A.A ppoint eligible members of the c ommunity to serve in vacant positions on City advisory boards. 6.Consent Agenda Matter s in this section of the Agenda ar e proposed and recommended by the C ity 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 R ecord and subject to staff comments A.P roposed R esolution No. R20-040 - A dopting a Complete Streets & Mobility P olicy with the goal of enhanc ing the City of Boynton Beach's multi-modal transportation network. B.P roposed Resolution N o. R 20-054 - Authorize the C ity Manager to sign an Equipment Lease Purc hase Agreement with Motorola Solutions, I nc . in the amount of $91,838.46 per y ear over five years to purchase Command Central Aware software for the P olice D epartment's Real Time Crime Center. C.P roposed Resolution No. R20-055 - Ac cept 10 foot Dedication from the Boy nton Beach Community Redevelopment Agency to provide for a 50 ft Right-of-W ay on NE 1st S treet between NE 4th Ave and NE 5th Ave. D.A pprove the request from Oceanside Beach Service, I nc. to reduce the lease payment for the month of Marc h to $1,206.00 and waive lease pay ments for the months of April and May. Page 4 of 651 E.A uthorize the May or to sign all doc uments with the D epartment of J ustic e, Office of J ustice P rograms, Bureau of J ustic e Assistance, associated with the grant ac ceptanc e and grant agreement in the amount of $111,931.00 subjec t to the approval of the C ity Attorney for the Coronavirus Emergency Supplemental Funding Program (C E S F) for use by the Police Department. F.Legal expenses for May 2020 provided at the request of the City C ommission. No ac tion required. G.A pprove the one-year extension for RF Ps/Bids and/ or piggy-bac ks for the procurement of services and/or c ommodities as described in the written report for J une 16, 2020- "Request for E xtensions and/or Piggybacks." H.P roposed Resolution N o. R20-056 - Authorize the Mayor to sign F P L easement forms for parking lot lighting associated with the E co Park projec t. I .A pprove minutes from the City Commission meeting on J une 2, 2020. 7.Consent B ids and Purchases over $100,000 A.Award task order UT-3D -04 with B axter & W oodman, I nc. D B A Mathews Consulting, A B axter & W oodman Company, in the amount of $84,875 in ac cordanc e with RF Q No. 046-2821-17/TP, General Consulting Servic es Contract, Scope Category D awarded by City Commission on A ugust 7, 2018 to provide consulting servic es to prepare and develop a Mobility Plan and Fee. B.P roposed Resolution No. R 20-057 - approve and authorize the C ity Manager to sign an agreement and task order with Mc Govern Mc Donald E ngineers for I ntegrated Financial and E ngineering Utility Rate Model Upgrade for $358,707.00 and 3-y ears of as-needed Model Maintenance Services at $70,000/year for the remainder of the 3-y ear contract period. Total 3- year task order amount is $527,874.00. C.A pprove the one-year extension for RF Ps/Bids and/ or piggy-bac ks for the procurement of services and/or commodities as described in the written report for J une 16, 2020 - "Request for E xtensions and/or Piggybacks Over $100,000." D.P roposed Resolution N o. R20-058 - Approve piggybac king the US Communities Contract 15- J LP -023 between Trane and Harford C ounty Public Schools, MD., and authorize the City Manager to sign a piggybac king agreement. Approve issuance of a purc hase order for a 400 Ton (T) Trane Chiller at a cost of $154,960 and a purc hase order for installation of the new unit and associated costs at a c ost of $175,916 for a total value of $330,876. The US communities Contract 15-J LP-023 satisfies the City 's competitive bid requirements. 8.Public H earing 6 p.m. or as soon thereafter as the agenda permits. The C ity Commission will conduct these public hearings in its dual capacity as Local Planning Agency and C ity Commission. A.P roposed O rdinance No. 20-017 - Fir st Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Article I I I . Zoning Districts and Overlays, Sections 1.B. and 2.E., to set a consistent maximum building height for all Single-Family, and Single and Two-Family residential zoning distric ts. P roposed Ordinance No. 20-018 - First Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Article I I I . Zoning Distric ts and Overlay s, Sec tion 1.B. and Sections 2.C and 2.E., to modify development standards for selected non-conforming lots. P roposed O rdinance No. 20-019 - Fir st Reading - Approve amendments to the L A ND Page 5 of 651 D E V E L OPMENT RE GUL ATI ONS (C D RV 20-002), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to revise the loc ational criteria and regulations for A utomobile Rental. P roposed O rdinance No. 20-020 - First R eading - Approve amendments to the L A ND D E V E L OPMENT RE GUL ATI ONS (C D RV 20-002), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Sec tion 3.D. Use Matrix, to allow Professional & Technic al Schools in I ndustrial (I ) pods within Quantum Park. P roposed O rdinance No. 20-021 - Fir st Reading - Approve amendments to the L A ND D E V E L OPMENT RE GUL ATI ONS (C D RV 20-002), revising Chapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to allow Self-Service Storage in the C -4 zoning district. P roposed O rdinance No. 20-022 - Fir st Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle V. S upplemental Regulations, Section 3.D. Swimming Pools and S pas, amending locational criteria. P roposed O rdinance No. 20-023 - Fir st Reading - Approve amendments to the L A ND D E V E L OPMENT RE GULATI ONS (C D RV 20-002), revising Chapter 3. Zoning, A rticle V. S upplemental Regulations, to add Section 3.AA, I n-ground Storm Shelters. B.P roposed Ordinance No. 20-002 - Second Reading - Approving the Boynton Beach Mall Rezoning from C-3, C ommunity Commercial, to S MU, S uburban Mixed Use. Applicant: City - initiated. (This agenda item was tabled from the January 21, 2020 C ommission Meeting.) 9.City Manager ’s R eport A.P roposed Resolution N o. R20-059 - Approve First Amendment to FY 2019-2020 Action Plan and Second Amendment to Citizen Partic ipation Plan to I mplement C D B G C A RE S A C T S mall B usiness Grant Program. 10.Unfinished Business - None 11.New B usiness - None 12.Legal A.P roposed Or dinance N o. 20-024 - First Reading - Approve amending City Code of Ordinanc es Section 16-60, Article 2, Establishing hours of use at Harvey E. Oyer, J r. P ark to provide Community Standards with the ability to enforce parking regulations. B.P roposed Ordinance No. 20- 025 - Fir st R eading - Approving request for abandonment of easements associated with the Riverwalk Plaza redevelopment projec t, loc ated at 1532 S. Federal Highway. Applicant: Soraya Conserve, Fly nn Engineering Services, P.A. C.P roposed Emergency O rdinance No. 20-026 - Approve Emergenc y Ordinance renewing and extending Emergency Ordinance No. 20-009 of the City of Boy nton B each, Florida, authorizing the City Manager to make provisions for electronic attendance by elected and appointed offic ials at city meetings during periods of a dec lared public health emergenc y; providing for public participation by telephonic or electronic means; providing for automatic delay of finality of offic ial ac tion pending public comments; and, providing an effective date. D.Disc ussion and authorization to terminate Franchise Agreement with F L S C , L L C., for textile rec yc ling program. (Tabled from the April 21, 2020 Commission Meeting.) Update and Addendum attached for 6/16/20 discussion. 13.Future Agenda Items A.Disc ussion regarding establishing a Rac ial Equity Task Force - July 7, 2020 Page 6 of 651 B.A pproval of the Master Plan Modification for the Boynton Beach Mall - T B D C.P rovide update on potential sale of the Nichol's property to Pulte Homes - July 7, 2020. D.May or Grant has requested a discussion on Lake Park's Ac cessory Dwelling Unit Ordinance - T B D 14.Adjour nment Notice If a pers on decides to appeal to any decis ion made by the City Commis s ion with res pect to any matter cons idered at this meeting, He/She will need a record of the proceedings and, for s uch purpos e, He/She may need to ens ure that a verbatim record of the proceedings is made, which record includes the tes timony and evidence upon which the appeal is to be bas ed. (F.S. 286.0105) The city s hall furnis h appropriate auxiliary aids and s ervices where neces s ary to afford an individual with a dis ability an equal opportunity to participate in and enjoy the benefits of a s ervice, program, or activity conducted by the city. Pleas e contact the City Clerk's office, (561) 742- 6060 or (TTY) 1-800-955-8771, at leas t 48 hours prior to the program or activity in order for the city to reas onably accommodate your reques t. Additional agenda items may be added s ubsequent to the publication of the agenda on the city's web s ite. Information regarding items added to the agenda after it is publis hed on the city's web s ite can be obtained from the office of the City Clerk. Page 7 of 651 1.A. OP E NI NG I TE MS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Call to Order - Mayor Steven B. Grant I nvoc ation Pledge of Allegianc e to the Flag led by Commissioner Christina L. Romelus Roll Call Agenda Approval: 1. Additions, Deletions, Correc tions 2. Adoption Explanation of R equest: How will this affect city programs or services? Fiscal Impact: Non-budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? No G rant Amount: Page 8 of 651 2.A. OTHE R 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: I nformational items by Members of the C ity Commission Explanation of R equest: 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? G rant Amount: Page 9 of 651 3.A. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Wendy Sartory Link, Palm Beach County S upervisor of Elec tions, will give an update on upc oming elections. Explanation of R equest: The Palm Beach County Supervisor of Elections (S OE) will share what her offic e is doing for the upc oming elections, in terms of safety, methods of voting, and c hanges being made in response to the pandemic. The S OE will also disc uss voter registration, voting, vote-by-mail, and answer questions any one may have. 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? G rant Amount: Page 10 of 651 3.B. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Announce FY 20/21 Budget W orkshops dates and times. Explanation of R equest: Our F Y 2020/2021 Budget process is underway. B udget workshops are sc heduled to be held J uly 13-15, 2020 in the Polic e S tation Community Room, 2100 High Ridge Road: Monday J uly 13, 2020: 5:00 p.m. Tuesday, J uly 14, 2020: 10:00 a.m. W ednesday, J uly 15, 2020: 2:00 p.m. The Commission adopts a Preliminary Fire A ssessment Resolution and Tentative Millage Rate Resolution at these workshops. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No G rant Amount: Page 11 of 651 3.C. A NNOUNC E ME NTS, C OMMUNI TY AND S P E C I A L E V E NTS AND P RE S E NTATI ONS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Announcement of Limited Summer C amp 2020 Explanation of R equest: As the State and County have begun re-opening, the City will offer a limited summer c amp for 6 weeks at the Sims Center. Registration will begin J une 19. Session 1 - J une 29 – J uly 10 Session 2 - J uly 13 – 24 Session 3 - J uly 27 – August 7 Camp activities will be limited but will include indoor activities, pool time, outdoor field ac tivities (as of right now, playgrounds are still c losed under State/County exec utive orders). For more information, please visit: https://www.boy nton-beach.org/rec reation. 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? G rant Amount: Page 12 of 651 5.A. A D MI NI S TRATI V E 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City advisory boards. Explanation of R equest: The attached list contains the names of those who have applied for vac ancies on the various advisory boards. A list of vacancies is provided with the designated Commission members having responsibility for the appointment to fill each vacanc y. How will this affect city programs or services? Appointments are necessary to keep our advisory boards full and operating as effec tively as possible. Fiscal Impact: Non-budgeted Alternatives: A llow vac ancies to remain unfilled. Strategic Plan: B uilding W ealth in the Community Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? No G rant Amount: AT TAC H ME N TS : Type Desc ription Attachment Appointments and Applicants for J une 16, 2020 Addendum Small, J erome Page 13 of 651 Appointments and Applicants for June 16, 2020 ____________________________________________________________________________________ Building Board of Adjustments and Appeals Mayor Grant Alt 2 yr term to 12/21 I Katz Reg 2 yr term to 12/21 II Hay Reg 2 yr term to 12/21 Applicants: None ____________________________________________________________________________ Education and Youth Advisory Board Mayor Grant STU NV 2 yr term to 12/21 Applicants: None Historic Resources Preservation Board I Katz Alt 2 yr term to 12/21 (Tabled 3) II Hay Alt 2 yr term to 12/20 Applicant: Jerome Small Library Board II Hay Reg 2 yr term to 12/21 III Romelus Reg 2 yr term to 12/20 IV Penserga Alt 2 yr term to 12/21 Mayor Grant Alt 2 yr term to 12/20 Applicants: None ___________________________________________________________________________ Page 14 of 651 Page 15 of 651 Page 16 of 651 Page 17 of 651 Page 18 of 651 Page 19 of 651 Page 20 of 651 6.A. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution N o. R20-040 - Adopting a Complete Streets & Mobility Polic y with the goal of enhancing the City of Boynton Beach's multi-modal transportation network. Explanation of R equest: “Complete Streets” is a transportation philosophy that calls for streets to be c onstruc ted and operated in a way that allows safe, equitable and c onvenient acc ess along and ac ross streets for all users. C omplete Streets are planned, designed, constructed, operated, and maintained to safely and c omfortably ac commodate people of all ages and abilities, including pedestrians, cyclists, transit users, motorists, persons with disabilities, emergenc y responders, seniors, youth, families, as well as freight and service operators. I mplementation of the Complete Streets transportation system is an important strategic initiative of the Boy nton Beac h S trategic Plan. This policy will enc ourage the use of non-motorized modes of transportation and contribute directly to the health, safety, ec onomic vitality, environment, and quality of life in Boynton Beach. Through the implementation of this C omplete Streets Policy, the City of Boynton Beac h will consistently plan, design, c onstruc t, operate and maintain appropriate transportation facilities that are safe, reliable, efficient, c onvenient, c onnected, and that enable sec ure and comfortable ac cess and mobility for users of all ages, abilities, inc ome levels and transportation modes. GOA L S: 1. Safety and Convenience for All Transportation Users 2. Connected Facilities that Accommodate All Travel Modes 3. I nc rease W alking, Bicy cling, and Public Transit 4. Economic Development 5. Vision Zero E quity & Data Drive Approach 6. Community Health & Sustainability After the adoption of this policy Staff will proceed to develop the City 's Complete Streets and Mobility Plan which will further implement the goals of this policy. How will this affect city programs or services? N/A Fiscal Impact: N/A Alternatives: None recommended. Strategic Plan: Transportation and Mobility Strategic Plan Application: A Complete Streets and Mobility Polic y direc tly addresses the strategic initiative of connecting the c ommunity through a safe, acc essible, and multi-model system that improves the quality of life in B oy nton Beach. Page 21 of 651 Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution adopting Complete Streets & Mobility Polic y Exhibit C OB B Complete Streets & Mobility Policy Page 22 of 651 1 S:\CA\RESO\Complete Streets & Mobility Policy - Reso.Docx RESOLUTION NO. R20- 1 A RESOLUTION OF THE CITY OF BOYNTON 2 BEACH, FLORIDA, APPROVING AND ADOPTING A 3 COMPLETE STREETS & MOBILITY POLICY WITH 4 THE GOAL OF ENHANCING THE CITY OF 5 BOYNTON BEACH‘S MULTI-MODAL 6 TRANSPORTATION NETWORK; AND PROVIDING 7 FOR AN EFFECTIVE DATE. 8 9 WHEREAS, “Complete Streets” means a transportation philosophy that calls for streets 10 to be constructed and operated in a way that allows safe, equitable and convenient access along 11 and across streets for all users; and 12 WHEREAS, Complete Streets are planned, designed, constructed, operated, and 13 maintained to safely and comfortably accommodate people of all ages and abilities, including 14 pedestrians, cyclists, transit users, motorists, persons with disabilities, emergency responders, 15 seniors, youth, families, as well as freight and service operators; and 16 WHEREAS, implementation of the Complete Streets transportation system is an 17 important strategic initiative of the Boynton Beach Strategic Plan which will encourage the use 18 of non-motorized modes of transportation and contribute directly to the health, safety, economic 19 vitality, environment, and quality of life in Boynton Beach; and 20 WHEREAS, through the implementation of this Complete Streets Policy, the City of 21 Boynton Beach will consistently plan, design, construct, operate and maintain appropriate 22 transportation facilities that are safe, reliable, efficient, convenient, connected, and that enable 23 secure and comfortable access and mobility for users of all ages, abilities, income levels and 24 transportation modes; and 25 Page 23 of 651 2 S:\CA\RESO\Complete Streets & Mobility Policy - Reso.Docx WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 26 best interest of the Citizens and residents of the City of Boynton Beach to approve adopting a 27 Complete Streets & Mobility Policy. 28 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 29 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 30 Section 1. The foregoing “Whereas” clauses are hereby ratified and confirmed as 31 being true and correct and are hereby made a specific part of this Resolution upon adoption. 32 Section 2. The City Commission approves and adopts the Complete Streets & Mobility 33 Policy, a copy of which is attached hereto as “Exhibit “A” and incorporated herein by reference. 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this _____ day of ___________, 2020. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor – Steven B. Grant _____ _____ 40 41 Vice Mayor – Ty Penserga _____ _____ 42 43 Commissioner – Justin Katz _____ _____ 44 45 Commissioner – Woodrow L. Hay _____ _____ 46 47 Commissioner – Christina L. Romelus _____ _____ 48 49 VOTE ______ 50 ATTEST: 51 52 _____________________________ 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) 58 Page 24 of 651 1 City of Boynton Beach Complete Street & Mobility Policy “Complete Streets” means a transportation philosophy that calls for streets to be constructed and operated in a way that allows safe, equitable and convenient access along and across streets for all users. Complete Streets are planned, designed, constructed, operated, and maintained to safely and comfortably accommodate people of all ages and abilities, including pedestrians, cyclists, transit users, motorists, persons with disabilities, emergency responders, seniors, youth, families, as well as freight and service operators. A Complete Streets approach to design helps to create walkable, livable and vibrant communities, which attract and retain businesses and residents, and provide multimodal options to safely commute to employment centers, schools, beaches, parks, shopping centers and other destinations within Boynton Beach. Benefits include reducing vehicle miles traveled with attendant lower fuel consumption and green gas emissions while increasing active and sustainable transportation choices such as walking, biking, and public transportation. Ultimately, the Complete Street approach will help ease traffic congestion, lower pollution and improve individual health by providing more opportunities for physical activity. The City of Boynton Beach shall construct and operate a comprehensive Complete Streets transportation system that enables safe access, mobility, economic development, attractive public spaces, health, and well-being for all people. This Complete Streets policy recognizes that depending on context, streets may serve diverse activities, functions, and intensity of uses. VISION & INTENT Implementation of the Complete Streets transportation system is an important strategic initiative of the Boynton Beach Strategic Plan. This policy will encourage the use of non-motorized modes of transportation and contribute directly to the health, safety, economic vitality, environment, and quality of life in Boynton Beach. Through the implementation of this Complete Streets Policy, the City of Boynton Beach will consistently plan, design, construct, operate and maintain appropriate transportation facilities that are safe, reliable, efficient, convenient, connected, and that enable secure and comfortable access and mobility for users of all ages, abilities, income levels and transportation modes. This Complete Streets policy shall direct the City of Boynton Beach’s decision-makers to consider all transportation system users when making decisions regarding transportation and land use planning. Complete Streets prioritizes safe access for vulnerable users as well as underinvested and underserved communities by fostering social equity through improved access to jobs, healthcare and other community amenities. The City of Boynton Beach adopted a Vision Zero policy in February 2020. This policy further commits staff to working towards the goal of eliminating traffic fatalities and severe injuries on all roads within the City. Page 25 of 651 2 Through this policy, Boynton Beach’s transportation network will gradually transform from being disproportionately automobile-centric to a network that supports all modes of transportation by equitably investing in transportation infrastructure that benefits all residents and visitors. Complete Streets projects shall take into consideration the surrounding area’s characteristics, community values, needs of its users, and cost feasibility. This transportation system may be achieved through projects that fully implement Complete Streets or projects that incrementally implement Complete Streets through a series of smaller improvements over time. GOALS 1. Safety and Convenience for All Transportation Users Create a transportation system that is designed and operated in ways that ensure the safety, comfort, access, and convenience for all users of all ages and abilities, including pedestrians, bicyclists, public transit users and operators, emergency responders, transporters of commercial goods, motor vehicles, and freight providers, therefore decreasing the potential of vehicular, bicycle, and pedestrian-related crashes. 2. Connected Facilities that Accommodate All Travel Modes Create an inviting transportation system that includes an integrated, safe, reliable, comfortable, and efficient network of fully connected multimodal facilities which accommodates access to all modes of travel. 3. Increase Walking, Bicycling, and Public Transit Create a transportation system that encourages walking, bicycling and public transit by providing a variety of safe and convenient walking and bicycling options. 4. Economic Development Create a transportation system that promotes economic development that will benefit from and contribute to a more connected and livable community, and supports redevelopment of and connectivity to activity centers. 5. Vision Zero Equity & Data Drive Approach Create a transportation system that views road safety as a social equity issue and recognizes that the concentration of traffic safety problems results from under-investment in certain communities, and—to the greatest extent possible—ensures equity by actively pursuing the elimination of health, economic and access disparities. The City’s goal is to eliminate traffic fatalities and severe injuries among all road users, and to ensure safe, healthy, equitable mobility for all. 6. Community Health & Sustainability Create a transportation system that advances the Boynton Beach Climate Action Plan through reducing automobile dependency by transforming the city into a community where people walk, bike, take transit or carpool for increasing portion of overall trips, and improves environmental and community health (i.e. reduces fossil fuel consumption & greenhouse gas emissions; decreases air and noise pollution; improves air quality; encourages social interaction and physical activity; preserves the natural environment; etc.). Page 26 of 651 3 APPLICABILITY Except as otherwise stated below, this policy applies to all project phases undertaken by, or under the authority of, or subject to, the supervision of the City of Boynton Beach, for the improvement of any street and public right of way (ROW), including planning, programming, design, acquisition of land, construction, construction engineering, reconstruction, rehabilitation, resurfacing, retrofit and operation. Accommodations for all modes of transportation to safely use the roadway shall be considered during construction or repair work. If a project is within or connects to Boynton Beach and is owned by another entity, the City’s Engineering and Planning and Zoning divisions shall work with the ROW owner, Florida Department of Transportation (FDOT), Palm Beach County, and the Palm Beach Transportation Planning Agency (TPA), as appropriate, to advance Complete Streets improvements. In addition, the Complete Streets policy requires the City’s Planning & Zoning Department staff to evaluate new development and redevelopment projects. Staff may require connected pedestrian and bicycle access, ADA compliant facilities within the development, and facilities that connect to and from the surrounding transportation systems. The City of Boynton Beach will approach every planned project as an opportunity to create a safer and more accessible transportation system for all users. EXCEPTIONS The City of Boynton Beach commits to applying a Complete Streets approach at the beginning of all transportation and roadway improvement projects. Each project shall be viewed as an opportunity to improve accessibility of the right of way for its users. However, the City acknowledges that there are conditions where it may be inappropriate to provide bicycle, pedestrian, and transit facilities. These exceptions include: A. LIMITED-ACCESS ROADS This policy does not apply to limited access facilities where bicyclists and pedestrians are prohibited by law. In this instance, it is necessary to accommodate bicyclists and pedestrians through a parallel facility and to provide safe, comfortable crossings for bicyclists and pedestrians at interchanges that connect neighborhoods, activity centers, or regional trail network. B. PREVENTATIVE MAINTENANCE This policy does not apply to routine maintenance, such as mowing, cleaning, sweeping, pothole filling, concrete joint repair, and other regular or seasonal maintenance. C. EXISTING PROJECTS This policy does not apply to projects that have been submitted and are currently under review by the Planning and Zoning Division or have an approved development order prior to the effective date of this policy. Page 27 of 651 4 LAND USE AND CONTEXT SENSITIVITY Complete Streets implementation should be sensitive to the community’s physical, economic, and social setting. A context-sensitive approach to process and design gives significant consideration to stakeholder and community values; therefore, Complete Streets improvements will not necessarily be identical in all environments, communities, or development contexts. The overall goal of this approach is to preserve and enhance scenic, aesthetic, historical, and environmental resources while improving or maintaining safety, mobility, and appropriate infrastructure conditions. The City of Boynton Beach shall refer to the Boynton Beach Complete Streets and Mobility Plan, Palm Beach TPA’s Complete Streets Design Guidelines, and the FDOT’s Design Manual’s and Complete Streets Context Classification when determining Complete Streets improvements for transportation projects. The City will also consider the surrounding community’s current and expected land use and transportation needs and collect community input to best fit the community’s desires while taking into account the connectivity of the transportation system as a whole for all modes and users. The City will strive to overcome barriers to engagement associated with race, income, age, disability, English language proficiency, and vehicle access of populations affected by a project, including identifying a means of measuring success in overcoming these barriers. The City may require new or revised land use policies, plans, and zoning ordinances to specify how transportation projects will serve current and future land use needs. Such revisions shall include language that requires the consideration of the community context as a factor in decision- making, as well as specifying the need to understand and mitigate unintended consequences of projects or plans, such as involuntary displacement. DESIGN Transportation projects and maintenance activities shall be: ● Suitable and appropriate for the function and context of the transportation facility; ● Sensitive to the neighborhood context and cognizant of the neighborhood needs; ● Flexible in project design to ensure that all users have safe access and use; ● Considered a component of a comprehensive, integrated and interconnected transportation network that allows all users to choose between different modes of travel; and ● Consistent and compatible with the Boynton Beach Greenways, Blueways, and Trails Plan, and the City of Boynton Beach Comprehensive Plan. Facilities shall be designed and constructed in accordance with current applicable laws and regulations, using best practices and guidance from a variety of organizations absent conflict with this Complete Streets policy. Best Practices may include, but are not limited to the latest edition of the following: ● Palm Beach Transportation Planning Agency Complete Streets Design Guidelines ● The American Association of State Highway and Transportation Officials (AASHTO) Guide for Planning, Design and Operation of Pedestrian Facilities ● ASHTO Guide for the Development Of Bicycle Facilities Page 28 of 651 5 ● Federal Highway Administration (FHWA) Separated Bike Lane Planning and Design Guide ● FHWA Achieving Multimodal Networks: Applying Design Flexibility & Reducing Conflicts ● FHWA Incorporating On-Road Bicycle Networks into Resurfacing Projects Report ● Institute of Transportation Engineers (ITE) Designing Walkable Urban Thoroughfares: A Context Sensitive Approach ● National Association of City Transportation Officials (NACTO) Global Street Design Guide, Urban Streets Design Guide, Urban Bikeway Design Guide, Transit Street Design Guide, Urban Street Stormwater Guide ● National Cooperative Highway Research Program, Report 616, Multi-Modal Level Of Service Analysis For Urban Streets ● FHWA Safe Transportation for every pedestrian (STEP) Program ● FHWA Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations Design standards required for State or federally funded projects will supersede local requirements if there is an actual conflict between the local and State or Federal standards, and if funding will be impacted by adherence to the local standard. Design Standards include, but are not limited to latest edition of the following: ● Americans with Disabilities Act (ADA) Standards for Accessible Design ● AASHTO A Policy on Geometric Design of Highways and Streets (AASHTO Green Book) ● FDOT Design Manual ● FDOT Manual of Uniform Minimum Standards for Design, Construction and Maintenance (Florida Green Book) ● FDOT Plans Preparation Manual (PPM) ● United States Department of Transportation (USDOT) Manual on Uniform Traffic Control Devices (MUTCD) PROJECT PRIORITIZATION CRITERIA The City of Boynton Beach shall develop scoring criteria to rank and prioritize Complete Streets projects for implementation. Projects selected may be submitted to the Palm Beach TPA’s Transportation Alternatives Program (TA) or Local Initiatives (LI) Program for funding, or integrated into the City’s Capital Improvement Program. IMPLEMENTATION STEPS The implementation of Complete Streets will require cooperation and collaboration between many stakeholders on a regular basis. The City of Boynton Beach will take the following steps to facilitate the process: ● The City shall restructure or revise related procedures, plans, regulations or processes to accommodate the goals of this policy for all applicable projects. This may include incorporating Complete Streets checklists or other tools into decision making processes. ● The Planning and Zoning Division shall review and propose revisions to all appropriate land use ordinances, policies and regulations to support the implementation of Complete Streets. Page 29 of 651 6 ● The Planning and Zoning Division shall coordinate the development of a new bicycle and pedestrian plan and adopt a new complete streets implementation plan that will include the City’s multimodal plan and classification of roadways. ● The Planning and Zoning Division and Public Works/Engineering Departments shall review, revise or recommend changes to all policies, procedures and design standards associated with site plan and other requirements for public and private development to ensure best practices are utilized to support Complete Streets. ● The City shall review all street design policies and guides to ensure that they reflect the current state of best practices in transportation design. ● The City shall continue to identify local, state and federal funds to implement Complete Streets Improvements to supplement the City’s Capital Improvement Program. This will require a continued partnership and coordination with Palm Beach TPA, FDOT and Palm Beach County. ● The City shall promote collaboration and coordination between the City’s departments and other transportation and planning agencies, including the Florida Department of Transportation, Palm Beach County, Palm Tran, and South Florida Regional Transportation Authority. ● The Public Works/Engineering Department shall establish necessary procedures to ensure Complete Streets principles are incorporated at the earliest stage of design. ● The Public Works/Engineering Department shall integrate Vision Zero activities in the City’s ongoing program and services focused on improving and promoting multi-modal transportation. ● The Public Works/Engineering Department shall collect and analyze data to understand trends in traffic fatalities and serious injuries in the City. The department shall also identify high need areas and develop projects that ensure such improvements are implemented. ● The City may offer a variety of Complete Streets outreach materials and meetings for the general public and community leaders to ensure information on Complete Streets is accessible. City staff shall also seek professional development in the area of Complete Streets through attending various professional training opportunities offered locally and nationally. ● The City shall actively promote public information and education that considers equity by targeting advocacy organizations and underrepresented communities that could include non- native English speakers, people with disabilities, etc. depending on the local context. PERFORMANCE MEASURES The implementation of Complete Streets will require regular evaluation to determine progress and effectiveness. The City’s Public Works/ Engineering Department will be responsible for tracking and analyzing the performance measures listed below. Using a GIS database, the performance measures that may be evaluated include, but are not limited, to the following: ● Miles of bicycle lanes, routes, or trails built / dedicated by width and type ● Number of bicycle parking facilities installed ● Number of bus shelter and benches added within the City ● Number of traffic calming facilities built / installed ● Linear feet of pedestrian accommodations built or repaired ● Number of crosswalks built or improved Page 30 of 651 7 ● Number of ADA accommodations built / installed ● Number of street trees planted ● Number of exceptions approved ● Bicycle and pedestrian crash data involving serious injuries and fatalities ● Total dollar amount spent on Complete Streets improvements ● Number of Complete Streets improvements and initiatives implemented within the boundaries of the City’s Community Redevelopment Agency. ● Number of commuters who drove a car, truck or van ● Percentage of commuters who drove alone ● Number of people who bike to work Page 31 of 651 6.B. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution No. R20-054 - A uthorize the City Manager to sign an Equipment Lease Purc hase Agreement with Motorola Solutions, I nc . in the amount of $91,838.46 per year over five y ears to purc hase Command C entral Aware software for the P olice D epartment's Real Time Crime Center. Explanation of R equest: On December 19, 2019, the C ity Commission approved utilizing the Houston-Galveston Area Counc il’s Contract I L C No. 18-6755 to furnish and install Command Central Aware software for the Polic e Department’s Real Time C rime Center from Motorola Solutions, I nc . of Plantation, F L for a first year amount of $465,860 and annual subscription payment of $93,503 during y ears two through five of the c ontract for the annual subscription via Resolution 19-167. I n the months following the initial c ontract agreement with Motorola Solutions, I nc, interest rates have trended downward and, as a result, lowered the annual lease payments to $91,838.46 whic h will be due starting J une 1, 2021 and will c onclude J une 1, 2025. How will this affect city programs or services? I mplementation of this program will provide real-time intelligence to identify emerging trends and assist with criminal investigations. Fiscal Impact: Budgeted The proposed F Y21 budget inc ludes funding in A cc ount 001-2112-521-49-17 for this lease payment. Alternatives: Over $400,000 in federal grant dollars have been awarded to the C ity for this projec t. Renegotiation with the grantor would be required and another sy stem would need to be procured potentially at a similar or greater cost. Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? No Page 32 of 651 G rant Amount: Contracts Vendor Name: Motorola Solutions, I nc. Start Date: 6/1/2020 End Date: 6/1/2025 Contract Value: Minority Owned C ontractor?: No Extension Available?: No Extension Explanation: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving Equipment Lease Purchase Agreement with Motorola Agreement Motorola Equipment Lease Purchase Agreement Resolution C OB B Resolution 19-167 Other Tax Exempt Gov't Bond Attachment C OI - Motorola - Boynton Beac h Page 33 of 651 S:\CA\RESO\Agreements\Motorola Equipment Lease Purchase Agreement - Reso.docx RESOLUTION NO. R20- 1 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN AN EQUIPMENT LEASE PURCHASE 6 AGREEMENT WITH MOTOROLA SOLUTIONS, INC. IN THE 7 AMOUNT OF $91,838.46 PER YEAR OVER FIVE YEARS TO 8 PURCHASE COMMAND CENTRAL AWARE SOFTWARE FOR 9 THE POLICE DEPARTMENT'S REAL TIME CRIME CENTER; 10 AND PROVIDING AN EFFECTIVE DATE. 11 12 13 WHEREAS, on December 19, 2019, the City Commission approved, via Resolution 14 R19-167, utilizing the Houston-Galveston Area Council’s Contract ILC No. 18-6755 to 15 furnish and install Command Central Aware software for the Police Department’s Real 16 Time Crime Center from Motorola Solutions, Inc. of Plantation, FL for a first year amount 17 of $465,860 and annual subscription payment of $93,503 during years two through five of 18 the contract for the annual subscription; and 19 WHEREAS, following the initial contract agreement with Motorola Solutions, Inc, 20 interest rates have trended downward and, as a result, Motorola lowered the annual lease 21 payments to $91,838.46 which will be due starting June 1, 2021 and will conclude June 1, 22 2025. 23 WHEREAS, implementation of this program will provide real-time intelligence to 24 identify emerging trends and assist with criminal investigations; and 25 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 26 recommendation of staff, deems it to be in the best interests of the City residents to enter into 27 an Equipment Lease Purchase Agreement with Motorola Solutions, Inc. in the amount of 28 $91,838.46 per year over five years to purchase Command Central Aware software for the 29 Police Department's Real Time Crime Center. 30 Page 34 of 651 S:\CA\RESO\Agreements\Motorola Equipment Lease Purchase Agreement - Reso.docx NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. 35 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 36 approves the Equipment Lease Purchase Agreement with Motorola Solutions, Inc. in the 37 amount of $91,838.46 per year over five years to purchase Command Central Aware software 38 for the Police Department's Real Time Crime Center. 39 Section 3. The City Manager is authorized to sign the Equipment Lease Purchase 40 Agreement, a copy of which Agreement is attached hereto as Exhibit “A.” 41 Section 4. This Resolution shall become effective immediately upon passage. 42 PASSED AND ADOPTED this _____ day of ___________, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 Mayor – Steven B. Grant _____ _____ 46 47 Vice Mayor – Ty Penserga _____ _____ 48 49 Commissioner – Justin Katz _____ _____ 50 51 Commissioner – Woodrow L. Hay _____ _____ 52 53 Commissioner – Christina L. Romelus _____ _____ 54 55 VOTE ______ 56 ATTEST: 57 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 (Corporate Seal) 63 Page 35 of 651 -XQH , 2020 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach FL 33435 Enclosed for your review please find the Municipal Lease documentation in connection with WKH&RPPDQG &HQWUDO$:$5(UHDOWLPHFULPHFHQWHUVROXWLRQ to be leased from Motorola. The interest rate and payment streams outlined in Equipment Lease-Purchase Agreement #24779 are valid for contracts that are executed and returned to Motorola on or before -XQH 2020. After //20, the Lessor reserves the option to re-quote and re-price the transaction based on current market interest rates. Please have the documents executed where indicated and forward the documents to the following address: Motorola Credit Corporation Attn: Bill Stancik / 9th Floor 1303 E. Algonquin Rd Schaumburg, IL 60196 Should you have any questions, please contact me at 847-538-4531. Thank You, MOTOROLA CREDIT CORPORATION Bill Stancik Page 36 of 651 LESSEE FACT SHEET Please help Motorola Solutions, Inc. provide excellent billing service by providing the following information: 1. Complete Billing Address CITY OF BOYNTON BEACH _________________________________________ ________________________________________ Attention: _________________________________________ Phone: _________________________________________ 2. Lessee County Location: _________________________________________ 3. Federal Tax I.D. Number _________________________________________ 4.Purchase Order Number to be referenced on invoice (if necessary) or other “descriptions” that may assist in determining the applicable cost center or department: ________________________ 5. Equipment description that you would like to appear on your invoicing:_________________________________________ Appropriate Contact for Documentation / System Acceptance Follow-up: 6. Appropriate Contact & _______________________________________ Mailing Address _______________________________________ _________________________________________ _________________________________________ Phone: _________________________________________ Fax: __________________________________________ 7. Payment remit to address: Motorola Credit Corp. P.O. Box 71132 Chicago IL 60694-1132 Thank you PO Box 310 Boynton Beach, Fl 33425-0310 Sophia Stewart 561-742-6117 Palm Beach 59-6000282 PO 201138 Command Central Aware Vanessa Snow 2100 High Ridge Road Boynton Beach, Fl 33426 561-742-6116 561-742-6185 Page 37 of 651 EQUIPMENT LEASE-PURCHASE AGREEMENT Lease Number: 24779 LESSEE: LESSOR: CITY OF BOYNTON BEACH Motorola Solutions, Inc. 100 E. Boynton Beach Blvd. 500 West Monroe Boynton Beach FL 33435 Chicago IL 60661 Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor, the Equipment described in any Schedule A now or hereafter attached hereto (“Equipment”) in accordance with the following terms and conditions of this Equipment Lease-Purchase Agreement (“Lease”). 1.Term. This Lease will become effective upon the execution hereof by Lessor. The Term of this Lease will commence on the Commencement Date specified in Schedule A and unless terminated according to terms hereof or the purchase option, provided in Section 18, is exercised this Lease will continue until the Expiration Date set forth in Schedule B attached hereto (“Lease Term”). 2.Rent. Lessee agrees to pay to Lessor or its assignee the Lease Payments (herein so called), including the interest portion, in the amounts specified in Schedule B. The Lease Payments will be payable without notice or demand at the office of the Lessor (or such other place as Lessor or its assignee may from time to time designate in writing), and will commence on the first Lease Payment Date as set forth in Schedule B and thereafter on each of the Lease Payment Dates set forth in Schedule B. Any payments received later than ten (10) days from the due date will bear interest at the highest lawful rate from the due date. Except as specifically provided in Section 5 hereof, the Lease Payments will be absolute and unconditional in all events and will not be subject to any set-off, defense, counterclaim, or recoupment for any reason whatsoever. Lessee reasonably believes that funds can be obtained sufficient to make all Lease Payments during the Lease Term. Lessee will seek funding each year as a part of its budget process. It is Lessee’s intent to make Lease Payments for the full Lease Term if funds are legally available therefor and in that regard Lessee represents that the Equipment will be used for one or more authorized governmental or proprietary functions essential to its proper, efficient and economic operation. Lessee’s obligation to make Lease Payments and to pay any other amounts payable under this Lease constitutes a current obligation payable only to the extent permitted by law and exclusively from legally available funds and shall not be construed to be an indebtedness within the meaning of any applicable constitutional or statutory limitation or requirement. Lessee has not pledged and will not pledge its full faith and credit or its taxing power to pay any Lease Payments or any other amounts under this Lease. Neither Lessor nor any Assignee (described below) may compel the levy of any ad valorem taxes by Lessee to pay Lease Payments or any other amounts under this Lease. 3.Delivery and Acceptance. Lessor will cause the Equipment to be delivered to Lessee at the location specified in Schedule A (“Equipment Location”). Lessee will accept the Equipment as soon as it has been delivered and is operational. Lessee will evidence its acceptance of the Equipment by executing and delivering to Lessor a Delivery and Acceptance Certificate in the form provided by Lessor. Even if Lessee has not executed and delivered to Lessor a Delivery and Acceptance Certificate, if Lessor believes the Equipment has been delivered and is operational, Lessor may require Lessee to notify Lessor in writing (within five (5) days of Lessee’s receipt of Lessor’s request) whether or not Lessee Page 38 of 651 deems the Equipment (i) to have been delivered and (ii) to be operational, and hence be accepted by Lessee. If Lessee fails to so respond in such five (5) day period, Lessee will be deemed to have accepted the Equipment and be deemed to have acknowledged that the Equipment was delivered and is operational as if Lessee had in fact executed and delivered to Lessor a Delivery and Acceptance Certificate. 4.Representations and Warranties. Lessor acknowledges that the Equipment leased hereunder is being manufactured and installed by Lessor pursuant to contract (the “Contract”) covering the Equipment. Lessee acknowledges that on or prior to the date of acceptance of the Equipment, Lessor intends to sell and assign Lessor’s right, title and interest in and to this Agreement and the Equipment to an assignee (“Assignee”). LESSEE FURTHER ACKNOWLEDGES THAT EXCEPT AS EXPRESSLY SET FORTH IN THE CONTRACT, LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY NATURE OR KIND WHATSOEVER, AND AS BETWEEN LESSEE AND THE ASSIGNEE, THE PROPERTY SHALL BE ACCEPTED BY LESSEE “AS IS” AND “WITH ALL FAULTS.” LESSEE AGREES TO SETTLE ALL CLAIMS DIRECTLY WITH LESSOR AND WILL NOT ASSERT OR SEEK TO ENFORCE ANY SUCH CLAIMS AGAINST THE ASSIGNEE. NEITHER LESSOR NOR THE ASSIGNEE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER AS A RESULT OF THE LEASE OF THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, PROPERTY DAMAGE OR LOST PRODUCTION WHETHER SUFFERED BY LESSEE OR ANY THIRD PARTY. Lessor is not responsible for, and shall not be liable to Lessee for damages relating to loss of value of the Equipment for any cause or situation (including, without limitation, governmental actions or regulations or actions of other third parties). 5.Non-Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event the funds appropriated by Lessee’s governing body or otherwise available by any means whatsoever in any fiscal period of Lessee for Lease Payments or other amounts due under this Lease are insufficient therefor, this Lease shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to Lessee of any kind whatsoever, except as to the portions of Lease Payments or other amounts herein agreed upon for which funds shall have been appropriated and budgeted or are otherwise available. The Lessee will immediately notify the Lessor or its Assignee of such occurrence. In the event of such termination, Lessor may request by written notice that Lessee promptly deliver the Equipment to Lessor or its Assignee. In the event that Lessee agrees to deliver the Equipment to Lessor, Lessee hereby agrees to transfer title to and deliver possession of the Equipment in accordance with Section 17.1 of this Lease. In the event that Lessee does not return the Equipment to Lessor, Lessor may proceed by appropriate court action or actions, either at law or in equity, to recover damages. 6.Lessee Certification. Lessee represents, covenants and warrants that: (i) Lessee is a state or a duly constituted political subdivision or agency of the state of the Equipment Location; (ii) the interest portion of the Lease Payments shall be excludable from Lessor’s gross income pursuant to Section 103 of the Internal Revenue Code of 1986, as it may be amended from time to time ( the “Code”); (iii) the execution, delivery and performance by the Lessee of this Lease have been duly authorized by all necessary action on the part of the Lessee; (iv) this Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; (v) Lessee will comply with the information reporting requirements of Section 149(e) of the Code, and such compliance shall include but not be limited to the execution of information statements requested by Lessor; (vi) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, the Lease to be an arbitrage bond within the meaning of Section 148(a) of the Code; (vii) Lessee will not do or cause to be done any act which will cause, or by omission of any act allow, this Lease to be a private activity bond within the meaning of Section 141(a) of the Code; (viii) Lessee will not do or cause to be done any act which will Page 39 of 651 cause, or by omission of any act allow, the interest portion of the Lease Payments to be or become includible in gross income for Federal income taxation purposes under the Code; and (ix) Lessee will be the only entity to own, use and operate the Equipment during the Lease Term. Lessee represents, covenants and warrants that (i) it will do or cause to be done all things necessary to preserve and keep the Lease in full force and effect, (ii) it has complied with all public bidding and Bond Commission requirements (as defined in the Code) where necessary and by due notification presented this Lease for approval and adoption as a valid obligation on its part, and (iii) it has sufficient appropriations or other funds available to pay all amounts due hereunder for the current fiscal period. If Lessee breaches the covenant contained in this Section, the interest component of Lease Payments may become includible in gross income of the owner or owners thereof for federal income tax purposes. In such event, notwithstanding anything to the contrary contained in Section 11 of this Agreement, Lessee agrees to pay promptly after any such determination of taxability and on each Lease Payment date thereafter to Lessor an additional amount determined by Lessor to compensate such owner or owners for the loss of such excludibility (including, without limitation, compensation relating to interest expense, penalties or additions to tax), which determination shall be conclusive (absent manifest error). Notwithstanding anything herein to the contrary, any additional amount payable by Lessee pursuant to this Section 6 shall be subject to the limitations set forth in Sections 2 and 5 hereof. It is Lessor’s and Lessee’s intention that this Agreement not constitute a “true” lease for federal income tax purposes and, therefore, it is Lessor’s and Lessee’s intention that Lessee be considered the owner of the Equipment for federal income tax purposes. 7.Title to Equipment. During the Lease Term, title to the Equipment will vest in Lessee and Lessor will have no security interest therein. Notwithstanding the obligations of Lessee to pay the Lease Payments, this Lease shall not result in the creation of any lien, charge, security interest or other encumbrance upon the Equipment and Lessor shall have no right to involuntarily dispossess Lessee of the use and enjoyment of or title to the Equipment. 8.Use; Repairs. Lessee will use the Equipment in a careful manner for the use contemplated by the manufacturer of the Equipment and shall comply with all laws, ordinances, insurance policies and regulations relating to, and will pay all costs, claims, damages, fees and charges arising out of the possession, use or maintenance of the Equipment. Lessee, at its expense will keep the Equipment in good repair and furnish all parts, mechanisms and devices required therefor. 9.Alterations. Lessee will not make any alterations, additions or improvements to the Equipment without Lessor’s prior written consent unless such alterations, additions or improvements may be readily removed without damage to the Equipment. 10.Location; Inspection. The Equipment will not be removed from, [or if the Equipment consists of rolling stock, its permanent base will not be changed from] the Equipment Location without Lessor’s prior written consent which will not be unreasonably withheld. Lessor will be entitled to enter upon the Equipment Location or elsewhere during reasonable business hours to inspect the Equipment or observe its use and operation. 11.Liens and Taxes. Lessee shall keep the Equipment free and clear of all levies, liens and encumbrances. Lessee shall pay, when due, all charges and taxes (local, state and federal) which may now or hereafter be imposed upon the ownership, leasing, rental, sale, purchase, possession or use of the Page 40 of 651 Equipment, excluding however, all taxes on or measured by Lessor’s income. If Lessee fails to pay said charges and taxes when due, Lessor shall have the right, but shall not be obligated, to pay said charges and taxes. If Lessor pays any charges or taxes, Lessee shall reimburse Lessor therefor within ten days of written demand. 12. Risk of Loss: Damage; Destruction. Lessee assumes all risk of loss or damage to the Equipment from any cause whatsoever, and no such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof shall relieve Lessee of the obligation to make Lease Payments or to perform any other obligation under this Lease. In the event of damage to any item of Equipment, Lessee will immediately place the same in good repair with the proceeds of any insurance recovery applied to the cost of such repair. If Lessor determines that any item of Equipment is lost, stolen, destroyed or damaged beyond repair, Lessee at the option of Lessor will: either (a) replace the same with like equipment in good repair; or (b) on the next Lease Payment date, pay Lessor the sum of: (i) all amounts then owed by Lessee to Lessor under this Lease, including the Lease payment due on such date; and (ii) an amount equal to all remaining Lease Payments to be paid during the Lease Term as set forth in Schedule B. In the event that Lessee is obligated to make such payment with respect to less than all of the Equipment, Lessor will provide Lessee with the pro rata amount of the Lease Payment and the Balance Payment (as set forth in Schedule B) to be made by Lessee with respect to that part of the Equipment which has suffered the Event of Loss. 13. Insurance. /HVVHHDQG/HVVRUDFNQRZOHGJHWKDW/HVVHHLVVHOIIXQGHGIRUWRUWLRXVOLDELOLW\ FRYHUDJHLQDFFRUGDQFHZLWK)/DQGKDVDUHVHUYHHVWDEOLVKHGWRIXQGDQ\SRWHQWLDOWRUWLRXV OLDELOLW\ ORVVHV ZKLFK PD\ RFFXU 8QGHU )/ FODLPV DJDLQVW VWDWH VXEGLYLVLRQV DUH OLPLWHG WR SHUSHUVRQDQGSHULQFLGHQW$FHUWLILFDWHRILQVXUDQFHOLVWLQJ /HVVRU DVORVVSD\HHIRU WKHSURSHUW\GDPDJHFRYHUDJHZLOOEHJHQHUDWHGDQGSURYLGHG 14. Indemnification. Lessee shall, to the extent permitted by law, indemnify Lessor against, and hold Lessor harmless from, any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys’ fees and court costs, arising in connection with the Equipment, including, but not limited to, its selection, purchase, delivery, possession, use, operation, rejection, or return and the recovery of claims under insurance policies thereon. 15. Assignment. Without Lessor’s prior written consent, Lessee will not either (i) assign, transfer, pledge, hypothecate, grant any security interest in or otherwise dispose of this Lease or the Equipment or any interest in this Lease or the Equipment or; (ii) sublet or lend the Equipment or permit it to be used by anyone other than Lessee or Lessee’s employees. Lessor may assign its rights, title and interest in and to this Lease, the Equipment and any documents executed with respect to this Lease and/or grant or assign a security interest in this Lease and the Equipment, in whole or in part. Any such Page 41 of 651 assignees shall have all of the rights of Lessor under this Lease. Subject to the foregoing, this Lease inures to the benefit of and is binding upon the heirs, executors, administrators, successors and assigns of the parties hereto. Lessee covenants and agrees not to assert against the Assignee any claims or defenses by way of abatement, setoff, counterclaim, recoupment or the like which Lessee may have against Lessor. No assignment or reassignment of any Lessor’s right, title or interest in this Lease or the Equipment shall be effective unless and until Lessee shall have received a notice of assignment, disclosing the name and address of each such assignee; provided, however, that if such assignment is made to a bank or trust company as paying or escrow agent for holders of certificates of participation in the Lease, it shall thereafter be sufficient that a copy of the agency agreement shall have been deposited with Lessee until Lessee shall have been advised that such agency agreement is no longer in effect. During the Lease Term Lessee shall keep a complete and accurate record of all such assignments in form necessary to comply with Section 149(a) of the Code, and the regulations, proposed or existing, from time to time promulgated thereunder. No further action will be required by Lessor or by Lessee to evidence the assignment, but Lessee will acknowledge such assignments in writing if so requested. After notice of such assignment, Lessee shall name the Assignee as additional insured and loss payee in any insurance policies obtained or in force. Any Assignee of Lessor may reassign this Lease and its interest in the Equipment and the Lease Payments to any other person who, thereupon, shall be deemed to be Lessor’s Assignee hereunder. 16.Event of Default. The term “Event of Default”, as used herein, means the occurrence of any one or more of the following events: (i) Lessee fails to make any Lease Payment (or any other payment) as it becomes due in accordance with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (ii) Lessee fails to perform or observe any other covenant, condition, or agreement to be performed or observed by it hereunder and such failure is not cured within twenty (20) days after written notice thereof by Lessor; (iii) the discovery by Lessor that any statement, representation, or warranty made by Lessee in this Lease or in writing ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (iv) proceedings under any bankruptcy, insolvency, reorganization or similar legislation shall be instituted against or by Lessee, or a receiver or similar officer shall be appointed for Lessee or any of its property, and such proceedings or appointments shall not be vacated, or fully stayed, within twenty (20) days after the institution or occurrence thereof; or (v) an attachment, levy or execution is threatened or levied upon or against the Equipment. 17.Remedies. Upon the occurrence of an Event of Default, and as long as such Event of Default is continuing, Lessor may, at its option, exercise any one or more of the following remedies: (i) by written notice to Lessee, declare all amounts then due under the Lease, and all remaining Lease Payments due during the Fiscal Year in effect when the default occurs to be immediately due and payable, whereupon the same shall become immediately due and payable; (ii) request by written notice that Lessee promptly deliver the Equipment to Lessor or its Assignee; and (iii) exercise any other right, remedy or privilege which may be available to it under applicable laws of the state of the Equipment Location or any other applicable law or proceed by appropriate court action to enforce the terms of the Lease or to recover damages for the breach of this Lease or to rescind this Lease as to any or all of the Equipment. If Lessor terminates this Lease and receives possession of the Equipment, Lessor may sell or lease the Equipment or sublease it for the account of Lessee. If the proceeds of such sale, lease or sublease are not sufficient to pay the balance of any Lease Payments or other amounts owed by Lessee under the Lease, Lessor may pursue such other remedies as are available at law or in equity to collect the balance of such Lease Payments or other amounts from Lessee’s legally available funds. In addition, Lessee will remain liable Page 42 of 651 for all covenants and indemnities under this Lease and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 17.1. Return of the Equipment. In the event that Lessee determines to return the Equipment to Lessor or its Assignee pursuant to Section 5 or 17 hereof, Lessee agrees to transfer title to and deliver possession of the Equipment in the condition hereafter required by preparing and appropriately protecting the Equipment for shipment and, at Lessor’s option, (i) surrendering the Equipment to Lessor at the Equipment Location specified in Schedule A hereto, or (ii) loading the Equipment on board such carrier as Lessor shall specify and shipping the same, freight collect, to Lessor at the place designated by Lessor. In the event of any such delivery of the Equipment to Lessor, Lessee shall execute and deliver such documents as may reasonably be required to transfer title to and possession of the Equipment to Lessor, free and clear of all liens to which the Equipment has become subject. Upon such delivery of the Equipment to Lessor, if the Equipment is damaged or otherwise made less suitable for the purposes for which it was manufactured than when delivered to Lessee (reasonable wear and tear excepted), Lessee agrees, at its option, to: (a) repair or restore such Equipment to the same condition in which it was received by Lessee (reasonable wear and tear excepted) and, at its expense, promptly return such Equipment to Lessor (or to a location identified in a written notice to Lessee) or (b) pay to Lessor the actual cost of such repair, restoration and return. There is no intent to create under any provision of this Lease a right in Lessor to involuntarily dispossess Lessee of the legal title to or the use of the Equipment. Lessor hereby irrevocably waives any right to specific performance of any covenant of Lessee to transfer legal title to and return possession of the Equipment. 18.Purchase Option. Upon thirty (30) days prior written notice from Lessee to Lessor, and provided that no Event of Default has occurred and is continuing, or no event, which with notice or lapse of time, or both could become an Event of Default, then exists, Lessee will have the right to purchase the Equipment on the Lease Payment Dates set forth in Schedule B by paying to Lessor, on such date, the Lease Payment then due together with the Balance Payment amount set forth opposite such date. Upon satisfaction by Lessee of such purchase conditions, Lessor will transfer any and all of its right, title and interest in the Equipment to Lessee as is, without warranty, express or implied, except that the Equipment is free and clear of any liens created by Lessor. 19.Notices. All notices to be given under this Lease shall be made in writing and mailed by certified mail, return receipt requested, to the other party at its address set forth herein or at such address as the party may provide in writing from time to time. Any such notice shall be deemed to have been received five days subsequent to such mailing. 20.Section Headings. All section headings contained herein are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Lease. 21.Governing Law. This Lease shall be construed in accordance with, and governed by the laws of, the state of the Equipment Location. 22.Delivery of Related Documents. Lessee will execute or provide, as requested by Lessor, such other documents and information as are reasonably necessary with respect to the transaction contemplated by this Lease. Page 43 of 651 23.Entire Agreement; Waiver. This Lease, together with the Delivery and Acceptance Certificate and other attachments hereto, and other documents or instruments executed by Lessee and Lessor in connection herewith, constitutes the entire agreement between the parties with respect to the Lease of the Equipment, and this Lease shall not be modified, amended, altered, or changed except with the written consent of Lessee and Lessor. Any provision of this Lease, which is prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions hereof. To the extent permitted by applicable law, Lessee and Lessor hereby waive any provision of law that prohibits or renders unenforceable any provision of this Lease in any respect. Section § 215.473, Florida Statutes, prohibits agencies from contracting with companies, for goods or ser- vices over $1,000,000, that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to § 287.135, or are engaged in business operations in Cuba or Syria. Motorola Solutions, Inc. certifies that it 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 Cuba or Syria. The waiver by Lessor of any breach by Lessee of any term, covenant or condition hereof shall not operate as a waiver of any subsequent breach thereof. 24.Execution in Counterparts. This Lease may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the _____ day of -XQH, 2020. LESSEE: LESSOR: CITY OF BOYNTON BEACH MOTOROLA SOLUTIONS, INC. By:___________________________By:_____________________________ Title:__________________________Title:____________________________ OPINION OF COUNSEL With respect to that certain Equipment Lease-Purchase Agreement dated -XQH ____, 2020 by and between Motorola Solutions, Inc. and the Lessee, I am of the opinion that: (i) the Lessee is, within the meaning of Section 103 of the Internal Revenue Code of 1986, a state or a fully constituted political subdivision or agency of the State of the Equipment Location described in Schedule A hereto; (ii) the execution, delivery and performance by the Lessee of the Lease have been duly authorized by all necessary action on the part of the Lessee, (III) the Lease constitutes a legal, valid and binding obligation of the Lessee enforceable in accordance with its terms; and (iv) Lessee has sufficient monies available to make all payments required to be paid under the Lease during the current fiscal year of the Lease, and such monies have been properly budgeted and appropriated for this purpose in accordance with State law. ______________________________________________________________________ Attorney for CITY OF BOYNTON BEACH City Manager Lori LaVerriere Page 44 of 651 SCHEDULE A EQUIPMENT LEASE-PURCHASE AGREEMENT Schedule A Lease Number: 24779 This Equipment Schedule dated as of -XQH ____, 2020 is being executed by MOTOROLA SOLUTIONS, INC. ("Lessor") and CITY OF BOYNTON BEACH (Lessee"), as a supplement to, and is hereby attached to and made a part of that certain Equipment Lease-Purchase Agreement Number 24779 dated as of -XQH ____, 2020 ("Lease"), between Lessor and Lessee. Lessor hereby leases to Lessee under and pursuant to the Lease,and Lessee hereby accepts and leases from Lessor under and pursuant to the Lease, subject to and upon the terms and conditions set forth in the Lease and upon the terms set forth below, the following items of Equipment QUANTITY DESCRIPTION (Manufacturer, Model, and Serial Nos.) Refer to attached Equipment List. Equipment Location: Innnnnn Tnnnn nn nnnnnn Cnn n nnnnn nnn nnnnn nnnnnnnn First Payment Due Date: 6/1/2021 5 Annual Payments of $91,838.46 as outlined in the attached Schedule B, plus Sales/Use Tax of $0.00, payable on the Lease Payment Dates set forth in Schedule B. EXECUTED as of the date first herein set forth. LESSEE: LESSOR: CITY OF BOYNTON BEACH Motorola Solutions, Inc. By: ________________________________ By:___________________________ Title: _______________________________Title:_________________________ Lori LaVerriere City Manager Page 45 of 651 City of Boynton Beach (Schedule B Lease 24779) Compound Period: Annual Nominal Annual Rate: 2.760% CASH FLOW DATA Event Date Amount Number Period End Date 1 Lease 6/1/2020 423,491.00$ 1 2 Lease Payment 6/1/2021 91,838.46$ 5 Annual 6/1/2025 AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Lease Payment Interest Principal Balance Lease 6/1/2020 423,491.00$ 1 6/1/2021 91,838.46$ 11,688.35$ 80,150.11$ 343,340.89$ 2 6/1/2022 91,838.46$ 9,476.21$ 82,362.25$ 260,978.64$ 3 6/1/2023 91,838.46$ 7,203.01$ 84,635.45$ 176,343.19$ 4 6/1/2024 91,838.46$ 4,867.07$ 86,971.39$ 89,371.80$ 5 6/1/2025 91,838.46$ 2,466.66$ 89,371.80$ -$ Grand Totals 459,192.30$ 35,701.30$ 423,491.00$ INITIAL INSURANCE REQUIREMENT: $423,491.00 Except as specifically provided in Section five of the Lease hereof, Lessee agrees to pay to Lessor or its assignee the Lease Payments, including the interest portion, in the amounts and dates specified in the above payment schedule. LESSEE: LESSOR: CITY OF BOYNTON BEACH Motorola Solutions, Inc. By: ________________________________By: ______________________________ Title: ________________________________Title: ______________________________ Date: ________________________________Date: ______________________________ City Manager Lori LaVerriere Page 46 of 651 CERTIFICATE OF INCUMBENCY I, ______________________________________ do hereby certify that I am the duly elected or (Signature of Secretary/Clerk ) appointed and acting Secretary or Clerk of the CITY OF BOYNTON BEACH , an entity duly organized and existing under the laws of the State of Florida that I have custody of the records of such entity, and that, as of the date hereof, the individuals named below are the duly elected or appointed officers of such entity holding offices set forth opposite of their respective names. I further certify that (i) the signatures set opposite their respective names and titles are their true and authentic signatures and (ii) such officers have the authority on behalf of such entity to enter into that certain Equipment Lease Purchase Agreement number 24779 dated -XQH ____, 2020, and Schedule A number 24779 dated -XQH ____, 2020, between CITY OF BOYNTON BEACH and Motorola Solutions, Inc. . Name Title Signature _______________________ _______________________ _______________________ (Individual who signed Lease documents should be listed here and sign where applicable) IN WITNESS WHEREOF,I have executed this certificate and affixed the seal of CITY OF BOYNTON BEACH , hereto this ______day of -XQH, 2020. By: ______________________________________ (Signature of Secretary/Clerk) SEAL Crystal Gibson Crystal Gibson City Clerk Page 47 of 651 EVIDENCE OF INSURANCE Fire, extended coverage, public liability and property damage insurance for all of the Equipment listed on Schedule A number 24779 dated -XQH____, 2020 to that certain Equipment Lease Purchase Agreement number 24779 dated -XQH ____, 2020will be maintained by the CITY OF BOYNTON BEACH as stated in the Equipment Lease Purchase Agreement. This insurance shall name MOTOROLA SOLUTIONS, INC. or its assignee as additional insured and loss payee for the term of the Schedule A number 24779 dated -XQH ____, 2020. This insurance is provided by: _____________________________________________________ Name of insurance provider _____________________________________________________ Address of insurance provider _____________________________________________________ City, State and Zip Code _____________________________________________________ Phone number of insurance provider In accordance with the Equipment Lease Purchase Agreement Number 24779 ,CITY OF BOYNTON BEACH ,hereby certifies that following coverage are or will be in full force and effect: Type Amount Effective Expiration Policy Date Date Number Fire and Extended Coverage __________ __________ __________ _____________________ Property Damage __________ __________ __________ _____________________ Public Liability __________ __________ __________ _____________________ Lessee: CITY OF BOYNTON BEACH By: Its: Date: _______________________________ _______________________________ -XQH ____, 2020 City Manager Lori LaVerriere Preferred Governmental Insurance Trust (PGIT) PO Box 958455 Lake Mary, FL 32795 321-832-1400 PX2FL1 0502003 18-0410-1-18 10-1-20 10-1-18 10-1-20 10-1-18 10-1-20 PX2FL1 0502003 18-04 PX2FL1 0502003 18-04 $300,00 $4,000,000 Page 48 of 651 STATEMENT OF ESSENTIAL USE/SOURCE OF FUNDS To further understand the essential governmental use intended for the equipment together with an understanding of the sources from which payments will be made, please address the following questions by completing this form or by sending a separate letter: 1. What is the specific use of the equipment? 2. Why is the equipment essential to the operation of CITY OF BOYNTON BEACH? 3. Does the equipment replace existing equipment? If so, why is the replacement being made? 4. Is there a specific cost justification for the new equipment? If yes, please attach outline of justification. 5. What is the expected source of funds for the payments due under the Lease for the current fiscal year and future fiscal years? Lessee: By: Its: Date: CITY OF BOYNTON BEACH __________________________________________ __________________________________________ -XQH ____, 2020 To be used in the Real Time Crime Center To help reduce violent crime No No Support Services' operating budget City Manager Lori LaVerriere Page 49 of 651 EQUIPMENT LEASE PURCHASE AGREEMENT DELIVERY AND ACCEPTANCE CERTIFICATE The undersigned Lessee hereby acknowledges receipt of the Equipment described below (“Equipment”) and Les see hereby accepts the Equipment after full inspection thereof as satisfactory for all purposes of lease Schedule A to the Equipment Lease Purchase Agreement executed by Lessee and Lessor. Equipment Lease Purchase Agreement Date: -XQH ____, 2020 Lease Schedule A Date:-XQH ____, 2020 Equipment Lease Purchase Agreement No.: 24779 Lease Schedule A No. : 24779 EQUIPMENT INFORMATION QUANTITY MODEL NUMBER EQUIPMENT DESCRIPTION Equipment referenced in lease Schedule A# 24779 dated -XQH ____, 2020. See Schedule A for a detailed Equipment List. LESSEE: CITY OF BOYNTON BEACH By: ______________________________________ Date: ____________________________________ Lori LaVerriere, City Manager Page 50 of 651 LESSEE RESOLUTION At a duly called meeting of the Governing Body of the Lessee (as defined in the Lease Agreement) held on -XQH ____, 2020 the following resolution was introduced and adopted. BE IT RESOLVED by the Governing Board of Lessee as follows: Determination of Need.The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment or other personal property described in the Lease Schedule dated as -XQH ____, 2020,between CITY OF BOYNTON BEACH (Lessee) and Motorola Solutions, Inc. (Lessor). Approval and Authorization. The Governing body of Lessee has determined that the Lease Agreement, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment or other personal property, and the Governing Board hereby approves the entering into of the Lease Agreement by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Lease Agreement on Lessee’s behalf sith such changes thereto as such person deems appropriate, and any related documents, including any escrow agreement, necessary to the consummation of the transactions contemplated by the Lease Agreement. Authorized Individual(s):_____________________________________________________________ Printed or typed name(s) and title(s) of Individual(s) authorized to execute the Lease Agreement. Adoption of Resolution. The signatures below from the designated individuals for the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. Signature: _________________________ Attested By: _______________ Name and Title : ______________________ Name and Title: _____________Lori LaVerriere, City Manager Page 51 of 651 Page 52 of 651 Page 53 of 651 Page 54 of 651 Form 8038-G (Rev. September 2018) Department of the Treasury Internal Revenue Service Information Return for Tax-Exempt Governmental Bonds ▶ Under Internal Revenue Code section 149(e) ▶ See separate instructions. Caution: If the issue price is under $100,000, use Form 8038-GC. ▶ Go to www.irs.gov/F8038G for instructions and the latest information. OMB No. 1545-0720 Part I Reporting Authority If Amended Return, check here ▶ 1 Issuer’s name 2 Issuer’s employer identification number (EIN) 3a Name of person (other than issuer) with whom the IRS may communicate about this return (see instructions)3b Telephone number of other person shown on 3a 4 Number and street (or P.O. box if mail is not delivered to street address)Room/suite 5 Report number (For IRS Use Only) 3 6 City, town, or post office, state, and ZIP code 7 Date of issue 8 Name of issue 9 CUSIP number 10a Name and title of officer or other employee of the issuer whom the IRS may call for more information (see instructions) 10b Telephone number of officer or other employee shown on 10a Part II Type of Issue (enter the issue price). See the instructions and attach schedule. 11 Education ..............................11 12 Health and hospital ..........................12 13 Transportation ............................13 14 Public safety .............................14 15 Environment (including sewage bonds) ....................15 16 Housing ..............................16 17 Utilities ..............................17 18 Other. Describe ▶18 19 a If bonds are TANs or RANs, check only box 19a ............... ▶ b If bonds are BANs, check only box 19b .................. ▶ 20 If bonds are in the form of a lease or installment sale, check box ......... ▶ Part III Description of Bonds. Complete for the entire issue for which this form is being filed. 21 (a) Final maturity date (b) Issue price (c) Stated redemption price at maturity (d) Weighted average maturity (e) Yield $ $ years % Part IV Uses of Proceeds of Bond Issue (including underwriters’ discount) 22 Proceeds used for accrued interest .....................22 23 Issue price of entire issue (enter amount from line 21, column (b)) ...........23 24 Proceeds used for bond issuance costs (including underwriters’ discount) 24 25 Proceeds used for credit enhancement ............25 26 Proceeds allocated to reasonably required reserve or replacement fund .26 27 Proceeds used to refund prior tax-exempt bonds. Complete Part V ...27 28 Proceeds used to refund prior taxable bonds. Complete Part V ....28 29 Total (add lines 24 through 28) .......................29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ...30 Part V Description of Refunded Bonds. Complete this part only for refunding bonds. 31 Enter the remaining weighted average maturity of the tax-exempt bonds to be refunded ... ▶years 32 Enter the remaining weighted average maturity of the taxable bonds to be refunded .... ▶years 33 Enter the last date on which the refunded tax-exempt bonds will be called (MM/DD/YYYY) .. ▶ 34 Enter the date(s) the refunded bonds were issued ▶ (MM/DD/YYYY) For Paperwork Reduction Act Notice, see separate instructions.Cat. No. 63773S Form 8038-G (Rev. 9-2018) Page 55 of 651 Form 8038-G (Rev. 9-2018)Page 2 Part VI Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141(b)(5) ....35 36 a Enter the amount of gross proceeds invested or to be invested in a guaranteed investment contract (GIC). See instructions .........................36a b Enter the final maturity date of the GIC ▶ (MM/DD/YYYY) c Enter the name of the GIC provider ▶ 37 Pooled financings: Enter the amount of the proceeds of this issue that are to be used to make loans to other governmental units ........................37 38 a If this issue is a loan made from the proceeds of another tax-exempt issue, check box ▶and enter the following information: b Enter the date of the master pool bond ▶ (MM/DD/YYYY) c Enter the EIN of the issuer of the master pool bond ▶ d Enter the name of the issuer of the master pool bond ▶ 39 If the issuer has designated the issue under section 265(b)(3)(B)(i)(III) (small issuer exception), check box .... ▶ 40 If the issuer has elected to pay a penalty in lieu of arbitrage rebate, check box ............. ▶ 41 a If the issuer has identified a hedge, check here ▶and enter the following information: b Name of hedge provider ▶ c Type of hedge ▶ d Term of hedge ▶ 42 If the issuer has superintegrated the hedge, check box ..................... ▶ 43 If the issuer has established written procedures to ensure that all nonqualified bonds of this issue are remediated according to the requirements under the Code and Regulations (see instructions), check box ........ ▶ 44 If the issuer has established written procedures to monitor the requirements of section 148, check box ..... ▶ 45a If some portion of the proceeds was used to reimburse expenditures, check here ▶and enter the amount of reimbursement .............. ▶ b Enter the date the official intent was adopted ▶ (MM/DD/YYYY) Signature and Consent Under penalties of perjury, I declare that I have examined this return and accompanying schedules and statements, and to the best of my knowledge and belief, they are true, correct, and complete. I further declare that I consent to the IRS’s disclosure of the issuer’s return information, as necessary to process this return, to the person that I have authorized above.▲Signature of issuer’s authorized representative Date ▲Type or print name and title Paid Preparer Use Only Print/Type preparer’s name Preparer’s signature Date Check if self-employed PTIN Firm’s name ▶ Firm’s address ▶ Firm’s EIN ▶ Phone no. Form 8038-G (Rev. 9-2018) Page 56 of 651 CERTIFICATE OF COVERAGE ISSUED ON: COVERAGE PROVIDED BY: PREFERRED GOVERNMENTAL INSURANCE TRUST PACKAGE AGREEMENT NUMBER: COVERAGE PERIOD: TO 12:01 AM COVERAGES: This is to certify that the agreement below has been issued to the designated member for the coverage period indicated. Notwi thstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded by the agreement described herein subject to all the terms, exclusions and conditions of such agreement. Mail to: Certificate Holder Designated Member LIABILITY COVERAGE Comprehensive General Liability, Bodily Injury, Property Damage and Personal Injury: Limit $ Deductible Employee Benefits Liability Limit $ Deductible Employment Practices Liability Limit $ Deductible Public Officials Liability Limit $ Deductible Law Enforcement Liability Limit $ Deductible WORKERS' COMPENSATION COVERAGE WC AGREEMENT NUMBER: Self Insured Workers' Compensation Statutory Workers' Compensation Employers Liability $1,000,000 Each Accident $1,000,000 By Disease $1,000,000 Aggregate Disease PROPERTY COVERAGE Buildings & Personal Property Limit: Per schedule on file with Trust Deductible Note: See coverage agreement for wind, flood, and other deductibles. Rented, Borrowed and Leased Equipment Limit: $ TIV See Schedule for Deductible Total All other Inland Marine Limit: $ TIV See Schedule for Deductible CRIME COVERAGE Employee Dishonesty Limit Deductible Forgery or Alteration Limit Deductible Theft Disappearance & Destruction Limit Deductible Computer Fraud Limit Deductible AUTOMOBILE COVERAGE Automobile Liability Limit $ $ Deductible All Owned Specifically Described Autos Hired Autos Non-Owned Autos Automobile Physical Damage Comprehensive See Schedule for Deductible Collision See Schedule for Deductible Hired Auto with limit of $ Garage Keepers Liability Limit Liability Deductible Comprehensive Deductible Collision Deductible NOTE:Additional Covered Party status is excluded for non-governmental entities. The most we will pay is further limited by the limitations set forth in Section 768.28(5), Florida Statutes (2010) or the equivalent limitations of successor law which are applicable at the time of lo ss. Description of Operations/ Locations/ Vehicles/Special items-(This section completed by member's agent, who bears complete responsibility and liability for its accuracy): This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the agreement above. Administrator Public Risk Underwriters® P.O. Box 958455 Lake Mary, FL 32795-8455 CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, PREFERRED GOVERNMENTAL INSURANCE TRUST WILL ENDEAVOR TO MAIL 60 DAYS WRITTEN NOTICE, OR 10 DAYS WRITTEN NOTICE FOR NON-PAYMENT OF PREMIUM, TO THE CERTIFICATE HOLDER NAMED ABOVE, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE PROGRAM, ITS AGENTS OR REPRESENTATIVES. Producer AUTHORIZED REPRESENTATIVE PGIT-CERT (1/19) PRINT FORM $$ $ Employee Benefits LiabilityEmployee Benefits Liability CANCELLATIONS SHOULD ANY OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE COVERAGE AGREEMENT PROVISIONS. Motorola Solutions, Inc. and or its assignee as loss payee 135 S. LaSalle Street, IL4-135-10-12 Chicago , IL 60661 City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach , FL 33425 $2,000,000 $200,000/$300,000 SIR X $4,000,000 X X 8,270,674 The Gehring Group 4200 Northcorp Parkway , Suite 185 Palm Beach Gardens , FL 33410 $200,000 SIR $2,000,000 $50,000 $50,000 $100,000X PX2FL1 0502003 18-04 X X X X $100,000 SIR X X X X X $50,000 $50,000 $1,000 $1,000 $1,000 X 1,000,000 1,000,000 1,000,000 $2,000,000 X $200,000/$300,000 SIR X $4,000,000 $200,000 SIR X $200,000/$300,000 SIR $500,000 $1,000 $25,000 X 717,104 All Operations usual to a City Government. Certificate holder is named as loss payee on the leased equipment listed in schedule A - purchase agreement #24274. X $2,000,000 X X Public Officials Liability X X 04/23/2020 10/01/2018 TO 10/01/2020 12:01 AM 04/23/2020 Page 57 of 651 Effective Date: Motorola Solutions, Inc. and or its assignee as loss payee 135 S. LaSalle Street, IL4-135-10-12 Chicago , IL , 60661 PX2FL1 0502003 18-04 City of Boynton Beach 10/01/2018 TO 10/01/2020 04/23/2020 Page 58 of 651 6.C. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution No. R20-055 - A cc ept 10 foot Dedic ation from the Boynton B each C ommunity Redevelopment Agency to provide for a 50 ft Right-of-W ay on NE 1st Street between NE 4th Ave and NE 5th Ave. Explanation of R equest: The Boy nton Beach Community Redevelopment Agency (C RA) owns all of the Cottage District site properties loc ated on the west side of NE 1st Street between NE 4th and NE 5th Avenue. As it currently exists, NE 1st Street is the City's standard 50' right-of-way from E. Boy nton Beac h Boulevard to NE 9th Avenue. However, between NE 4th Avenue south to NE 5th Avenue the right-of-way narrows to a 40' right-of-way, see attached boundary survey map (see Attachment 1). To obtain the standard 50 ft R/W for the entire length of NE 1st S treet, Staff requested that the C RA dedic ate 10ft to the City between NE 4th Avenue south to NE 5th Avenue. The C RA approved the dedic ation on May 12, 2020 (see Attac hment 2 and 3). How will this affect city programs or services? The 10' dedication will allow the City to expand NE 1st Street from a 40' right-of-way to a 50' right-of-way to facilitate future development. Fiscal Impact: Budgeted None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 59 of 651 AT TAC H ME N TS : Type Desc ription Resolution Resolution acc epting the 10 foot land dedication from the C RA Attachment C RA Signed Dedic ation of Land Attachment Attachment 1 - Cottage Distric t Project Boundary Survey Attachment Attachment 2 - S ketc h and Legal Description of Dedication Page 60 of 651 S:\CA\RESO\Real Estate\Accepting 10 FT Land Dedication From The CRA - Reso.Docx RESOLUTION NO. R20 - 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND ACCEPTING A 10 FOOT 4 DEDICATION OF LAND FROM THE BOYNTON 5 BEACH COMMUNITY REDEVELOPMENT AGENCY 6 TO PROVIDE FOR A 50 FOOT RIGHT-OF-WAY ON 7 NORTHEAST 1ST STREET BETWEEN NORTHEAST 4TH 8 AVENUE AND NORTHEAST 5TH AVENUE; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, as it currently exists, NE 1st Street is the City's standard 50' right-of-way 12 from E. Boynton Beach Boulevard to NE 9th Avenue. However, between NE 4th Avenue 13 south to NE 5th Avenue the right-of-way narrows to a 40' right-of-way; and 14 WHEREAS, to obtain the standard 50 ft R/W for the entire length of NE 1st Street, 15 staff requested that the CRA dedicate 10ft to the City between NE 4th Avenue south to NE 5th 16 Avenue; and 17 WHEREAS, the City Commission, upon recommendation of staff, deems it in the best 18 interest of the Citizens and residents of the City of Boynton Beach to approve and accept the 19 10 foot Dedication of Land from the Boynton Beach Community Redevelopment Agency to 20 provide a 50 foot right-of-way on Northeast 1st Street between Northeast 4th Avenue and 21 Northeast 5th Avenue. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 25 ratified and confirmed by the City Commission. 26 Section 2. The City Commission of the City of Boynton Beach hereby approves 27 and accepts the 10 foot Dedication of Land from the Boynton Beach Community 28 Redevelopment Agency to provide a 50 foot right-of-way on Northeast 1st Street between 29 Page 61 of 651 S:\CA\RESO\Real Estate\Accepting 10 FT Land Dedication From The CRA - Reso.Docx Northeast 4th Avenue and Northeast 5th Avenue. A copy of the Dedication of Land is attached 1 hereto as Exhibit “A”. 2 Section 3. That this Resolution will become effective immediately upon passage. 3 PASSED AND ADOPTED this _____ day of June, 2020. 4 CITY OF BOYNTON BEACH, FLORIDA 5 YES NO 6 7 8 Mayor – Steven B. Grant _____ _____ 9 10 Vice Mayor – Ty Penserga _____ _____ 11 12 Commissioner – Justin Katz _____ _____ 13 14 Commissioner – Woodrow L. Hay _____ _____ 15 16 Commissioner – Christina L. Romelus _____ _____ 17 18 19 VOTE ______ 20 21 22 ATTEST: 23 24 25 _____________________________ 26 Crystal Gibson, MMC 27 City Clerk 28 29 30 31 (Corporate Seal) 32 33 Page 62 of 651 Page 63 of 651 Page 64 of 651 Page 65 of 651 Page 66 of 651 Page 67 of 651 Page 68 of 651 Project to widen NE 1st St. R/W from 40ft to 50ft Page 69 of 651 SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 10' RIGHT-OF-WAY DEDICATION SHEPARD ADDITION TO BOYNTON (PLAT BOOK 2, PAGE 59, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 10105-5 N/A 04/23/2020 M.M.K. M.D.A. N/A N/A 1 OF 2 2020 SURVEYOR'S NOTES: LAND DESCRIPTION: CERTIFICATION: Page 70 of 651 N.E. 1st STREET10' R/W DEDICATION N.E. 4th AVENUE N.E. 5th AVENUE SCALE: F.B. CHECKED: DATE: BY: PG. REVISIONS SHEET: JOB #:AVIROM & ASSOCIATES, INC. SURVEYING & MAPPING 8 OASS B & E O VRIAM STA EHLIS 9D1 1 STEAC I C AVIROM & ASSOCIATES, INC. all rights reserved. This sketch is the property of AVIROM & ASSOCIATES, INC. and should not be reproduced or copied without written permission. 50 S.W. 2nd AVENUE, SUITE 102 BOCA RATON, FLORIDA 33432 (561) 392-2594 / www.AVIROMSURVEY.com SKETCH & DESCRIPTION FOR: 10' RIGHT-OF-WAY DEDICATION SHEPARD ADDITION TO BOYNTON (PLAT BOOK 2, PAGE 59, P.B.C.R.) CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA 10105-5 1" = 60' 04/23/2020 M.M.K. M.D.A. N/A N/A 2 OF 2 2020 GRAPHIC SCALE IN FEET 1" = 60' Page 71 of 651 6.D. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Approve the request from Oceanside B each Servic e, I nc. to reduce the lease pay ment for the month of March to $1,206.00 and waive lease payments for the months of April and May. Explanation of R equest: On March 20, Oc eanfront Park Beac h was closed due to the impact of C OV I D-19. At that time Oceanside Beach Service, I nc . had to cease operations. The c ompany has applied for small business loans that were not awarded. Oc eanside Beac h S ervice, I nc ., is asking for their lease payments to be waived during the time span they were unable to operate. They were c losed for the following dates: Eleven day s in March, the entire month of April, and the entire month of May resuming operations J une 1. The total amount of waived fees being requested is $8,006.00. How will this affect city programs or services? Fiscal Impact: Budgeted This will reduce the amount of revenue generated from this lease agreement by $8,006.00 for this fisc al y ear. This will reduc e the antic ipated revenue amount from $40,800.00 to $32,794.00 Alternatives: Approve a portion of the Fee W aiver request or do not approve Fee W aiver request. Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? No G rant Amount: Contracts Page 72 of 651 Vendor Name: Oc eanside Beach Service, I nc . Start Date: 12/16/2019 End Date: 12/15/2020 Contract Value: 40,800 Minority Owned C ontractor?: No Extension Available?: Yes Extension Explanation: One year renewal available. AT TAC H ME N TS : Type Desc ription Letter Oceanside Beach Servic e, I nc. Lease W aiver Request Letter Contract Beac h Equipment Conc ession For Oceanfront Park Contract Renewal Page 73 of 651 Page 74 of 651 Page 75 of 651 6.E. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Authorize the Mayor to sign all documents with the D epartment of J ustice, Offic e of J ustice Programs, Bureau of J ustice A ssistance, associated with the grant ac ceptanc e and grant agreement in the amount of $111,931.00 subjec t to the approval of the City Attorney for the Coronavirus Emergency Supplemental Funding Program (C ESF) for use by the Polic e Department. Explanation of R equest: The Department of J ustice, Offic e of J ustice P rograms, Bureau of J ustice A ssistance, has selected the Boy nton Beac h P olice D epartment to receive $111,931.00 in funding under the Coronavirus Emergency Supplemental Funding Program (C E S F). The funding is allocated towards the police department's prevention, preparation and response efforts related to the C OV I D-19 pandemic. The funding will assist in unbudgeted overtime c osts ($9,481.00), the purchase of professional handheld sanitization sprayers and backpac k spray ers, as well as acc ompany ing sanitization solutions ($15,700.00), P P E/safety supplies ($50,000.00), mobile pressure washer ($10,000.00) and a thermal temperature monitoring system ($26,750.00). How will this affect city programs or services? The Coronavirus E mergenc y Supplemental Funding Program (C E S F) will allow the C ity of Boynton Beach Police Department to continue providing servic es in a safe manner for both the employee and community members by providing equipment and supplies to reduc e the spread of the c oronavirus. Fiscal Impact: Non-budgeted No negative fisc al impact. Alternatives: D o not acc ept the award and absorb the C OV I D-19 related expenditures in the operating budget. Strategic Plan: Strategic Plan Application: N/A Climate Action: N o Climate Action Discussion: N/A Page 76 of 651 Is this a grant? Yes G rant Amount: $111,931.00 AT TAC H ME N TS : Type Desc ription Agreement grant award Page 77 of 651 Department of Justice (DOJ) Office of Justice Programs Washington, D.C. 20531Office of the Assistant Attorney General May 29, 2020 The Honorable Steven Grant City of Boynton Beach 3301 QUANTUM BLVD STE 100 Boynton Beach, FL 33426-8670 Dear Mayor Grant, On behalf of Attorney General William P. Barr, it is my pleasure to inform you that the Office of Justice Programs (OJP), U.S. Department of Justice (DOJ), has approved the application by City of Boynton Beach for an award under the OJP funding opportunity entitled "BJA FY 20 Coronavirus Emergency Supplemental Funding Program." The approved award amount is $111,931. These funds are for the project entitled Coronavirus Emergency Supplemental Funding Program for City Boynton Beach. The award document, including award conditions, is enclosed. The entire document is to be reviewed carefully before any decision to accept the award. Also, the webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm) is to be consulted prior to an acceptance. Through that "Legal Notices" webpage, OJP sets out -- by funding opportunity -- certain special circumstances that may or will affect the applicability of one or more award requirements. Any such legal notice pertaining to award requirements that is posted through that webpage is incorporated by reference into the award. Please note that award requirements include not only award conditions, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. Because these requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds), it is vital that all key staff know the award requirements, and receive the award conditions and the assurances and certifications, as well as the application as approved by OJP. (Information on all pertinent award requirements also must be provided to any subrecipient of the award.) Should City of Boynton Beach accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Please direct questions regarding this award as follows: - For program questions, contact Tarasa Napolitano, Program Manager at (202) 598-7372; and - For financial questions, contact the Customer Service Center of OJP's Office of the Chief Financial Officer at (800) 458-0786, or at ask.ocfo@usdoj.gov. We look forward to working with you. Sincerely, Encl. Katharine T. Sullivan Principal Deputy Assistant Attorney General Page 78 of 651 Director Michael L. Alston Department of Justice (DOJ) Office of Justice Programs May 29, 2020 The Honorable Steven Grant City of Boynton Beach 3301 QUANTUM BLVD STE 100 Boynton Beach, FL 33426-8670 Congratulations on your recent award. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, require recipients of federal financial assistance to give assurances that they will comply with those laws. In addition to those civil rights laws, many grant program statutes contain nondiscrimination provisions that require compliance with them as a condition of receiving federal financial assistance. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with OJP and other DOJ awards, see https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a non- discriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). Please submit information about any adverse finding to the OCR at the above address. We at the OCR are available to help you and your organization meet the civil rights requirements that are associated with OJP and other DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to let us know. Dear Mayor Grant, Sincerely, cc:Grant Manager Financial Analyst Washington, DC 20531 Office of Civil Rights Page 79 of 651 Grant PAGE 1 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Boynton Beach 3301 QUANTUM BLVD STE 100 Boynton Beach, FL 33426-8670 8. SUPPLEMENT NUMBER 00 9. PREVIOUS AWARD AMOUNT 10. AMOUNT OF THIS AWARD $ 0 $ 111,931 11. TOTAL AWARD $ 111,931 2a. GRANTEE IRS/VENDOR NO. 596000282 2b. GRANTEE DUNS NO. 072247133 3. PROJECT TITLE Coronavirus Emergency Supplemental Funding Program for City Boynton Beach 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.034 - Coronavirus Emergency Supplemental Funding Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL GRANTEE ACCEPTANCE Katharine T. Sullivan Principal Deputy Assistant Attorney General AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES 21. FISCAL YEAR FUND CODE BUD. ACT.OFC. DIV. REG.SUB.POMS AMOUNT VDBX 80 00 00 111931 VVDUGT1079 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Steven Grant Mayor 4. AWARD NUMBER:2020-VD-BX-1108 5. PROJECT PERIOD: FROM BUDGET PERIOD: FROM 6. AWARD DATE 7. ACTION Initial 05/29/2020 TO TO 01/20/2020 01/20/2020 01/31/2022 01/31/2022 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE17. SIGNATURE OF APPROVING OFFICIAL 16 Page 80 of 651 AWARD CONTINUATION SHEET Grant PAGE 2 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 1. OJP FORM 4000/2 (REV. 4-88) 16 Page 81 of 651 AWARD CONTINUATION SHEET Grant PAGE 3 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2020 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 2. 3. 4. OJP FORM 4000/2 (REV. 4-88) 16 Page 82 of 651 AWARD CONTINUATION SHEET Grant PAGE 4 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after -- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2018, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 5. 6. 7. OJP FORM 4000/2 (REV. 4-88) 16 Page 83 of 651 AWARD CONTINUATION SHEET Grant PAGE 5 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 8. OJP FORM 4000/2 (REV. 4-88) 16 Page 84 of 651 AWARD CONTINUATION SHEET Grant PAGE 6 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1) and (2). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) and (2) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1) and (2). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or 9. OJP FORM 4000/2 (REV. 4-88) 16 Page 85 of 651 AWARD CONTINUATION SHEET Grant PAGE 7 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1) and (2). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E- Verify at E-VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 10. 11. 12. OJP FORM 4000/2 (REV. 4-88) 16 Page 86 of 651 AWARD CONTINUATION SHEET Grant PAGE 8 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Unreasonable restrictions on competition under the award; association with federal government SCOPE. This condition applies with respect to any procurement of property or services that is funded (in whole or in part) by this award, whether by the recipient or by any subrecipient at any tier, and regardless of the dollar amount of the purchase or acquisition, the method of procurement, or the nature of any legal instrument used. The provisions of this condition must be among those included in any subaward (at any tier). 1. No discrimination, in procurement transactions, against associates of the federal government Consistent with the (DOJ) Part 200 Uniform Requirements -- including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure that Federal funding is expended and associated programs are implemented in full accordance with U.S. statutory and public policy requirements") and 200.319(a) (generally requiring "[a]ll procurement transactions [to] be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requirements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process") -- no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on the basis of such person or entity's status as an "associate of the federal government" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. 4. Rules of construction A. The term "associate of the federal government" means any person or entity engaged or employed (in the past or at present) by or on behalf of the federal government -- as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otherwise -- in undertaking any work, project, or activity for or on behalf of (or in providing goods or services to or on behalf of) the federal government, and includes any applicant for such employment or engagement, and any person or entity committed by legal instrument to undertake any such work, project, or activity (or to provide such goods or services) in future. B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. 13. OJP FORM 4000/2 (REV. 4-88) 16 Page 87 of 651 AWARD CONTINUATION SHEET Grant PAGE 9 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. 14. 15. 16. 17. 18. OJP FORM 4000/2 (REV. 4-88) 16 Page 88 of 651 AWARD CONTINUATION SHEET Grant PAGE 10 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 19. 20. 21. 22. 23. OJP FORM 4000/2 (REV. 4-88) 16 Page 89 of 651 AWARD CONTINUATION SHEET Grant PAGE 11 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Compliance with general appropriations-law restrictions on the use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions that may be set out in applicable appropriations acts are indicated at https://ojp.gov/funding/Explore/FY20AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 24. 25. 26. OJP FORM 4000/2 (REV. 4-88) 16 Page 90 of 651 AWARD CONTINUATION SHEET Grant PAGE 12 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 27. OJP FORM 4000/2 (REV. 4-88) 16 Page 91 of 651 AWARD CONTINUATION SHEET Grant PAGE 13 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. Signing Authority This award must be signed by an authorized official of the applicant State, local, or tribal government, on behalf of that applicant State, unit of local government, or Tribe, unless the applicant designates an organizational unit to apply on its behalf. For example, if designated by a unit of local government, a Police Department or Sheriff’s Office (or similar agency) may apply on behalf of the applicant jurisdiction, as long as the department, office, or agency is listed as the organizational unit on the SF-424. In that case, the head of the designated organizational unit (such as a Police Chief or Sheriff) may sign the award. Documentation of the designation by the appropriate governing body must be retained by the grant recipient. The "Emergency Appropriations for Coronavirus Health Response and Agency Operations" law (Public Law 116-136) includes definitions, reporting requirements, and certain other provisions that apply (whether in whole or in part) to this award. In addition, consistent with the CESF Program's purposes, which involve preparing for, preventing, and responding to the coronavirus national emergency, OJP will provide notice of any additional CESF program-specific grants administrative requirements on an award page, accessible at https://www.ojp.gov/funding/explore/CESF- program-specific-condition, that is incorporated by reference here. 28. 29. 30. 31. 32. OJP FORM 4000/2 (REV. 4-88) 16 Page 92 of 651 AWARD CONTINUATION SHEET Grant PAGE 14 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS The recipient agrees to comply with OJP grant monitoring guidelines, protocols, and procedures, and to cooperate with BJA and OCFO on all grant monitoring requests, including requests related to desk reviews, enhanced programmatic desk reviews, and/or site visits. The recipient agrees to provide to BJA and OCFO all documentation necessary to complete monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by BJA and OCFO for providing the requested documents. Failure to cooperate with BJA's/OCFO's grant monitoring activities may result in sanctions affecting the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to grant funds; referral to the Office of the Inspector General for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. Justice Information Sharing Recipients are encouraged to comply any information-sharing projects funded under this award with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) is encouraged to conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https://it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity. 33. 34. 35. 36. 37. 38. OJP FORM 4000/2 (REV. 4-88) 16 Page 93 of 651 AWARD CONTINUATION SHEET Grant PAGE 15 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/ or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https:/ / bja.gov/ Funding/ nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. Establishment of interest-bearing account If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish an interest-bearing account dedicated specifically to this award. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The award funds, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Coronavirus Emergency Supplemental Funding (CESF) program . The recipient also agrees to obligate the award funds in the account(including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. Expenditures requiring prior approval No funds under this award may be expended on individual items costing $500,000 or more, or to purchase Unmanned Aerial Systems (UAS), Unmanned Aircraft (UA), and/or Unmanned Aerial Vehicles (UAV) without prior written approval from BJA. Prior approval must be obtained post-award, through the submission and approval of a Grant Adjustment Notice (GAN) through OJP’s Grant Management System (GMS). 39. 40. 41. OJP FORM 4000/2 (REV. 4-88) 16 Page 94 of 651 AWARD CONTINUATION SHEET Grant PAGE 16 OF Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance AWARD DATE 05/29/2020PROJECT NUMBER 2020-VD-BX-1108 SPECIAL CONDITIONS Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after January 20, 2020 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (January 20, 2020), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non- governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Body armor - compliance with NIJ standards and other requirements Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic- resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body-armor/ pages/ safety-initiative.aspx. 42. 43. 44. OJP FORM 4000/2 (REV. 4-88) 16 Page 95 of 651 Memorandum To: From: Subject: Washington, D.C. 20531 Orbin Terry, NEPA Coordinator Categorical Exclusion for City of Boynton Beach The Coronavirus Emergency Supplemental Funding (CESF) Program allows eligible states, local units of government, and tribes to support a broad range of activities including preventing, preparing for, and responding to the coronavirus. All recipients of CESF funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a sub-grantee or third party. BJA’s expectation is that none of the following activities will be conducted whether under this federal award or a related third party action: (1) New construction (2) Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including property (a) listed on or eligible for listing on the National Register of Historic Places, or (b) located within a 100-year flood plain, a wetland, or habitat for an endangered species (3) A renovation that will change the basic prior use of a facility or significantly change its size (4) Research and technology whose anticipated and future application could be expected to have an effect on the environment (5) Implementation of a program involving the use of chemicals (including the identification, seizure, or closure of clandestine methamphetamine laboratories) other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments. Consequently, the subject federal action meets the Office of Justice Programs' criteria for a categorical exclusion as contained in paragraph 4(b) of Appendix D to Part 61 of Title 28 of the Code of Federal Regulations. If, however, award funds are proposed to be used for any of the enumerated projects or activities above, grant recipients must contact their grant manager, and receive written approval prior to commencing that project or activity. Questions about this determination may be directed to your grant manager or Orbin Terry, Environmental Coordinator for BJA. Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Official Grant File Page 96 of 651 GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY 1. STAFF CONTACT (Name & telephone number) PROJECT NUMBER 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD 8. BUDGET PERIOD 9. AMOUNT OF AWARD 10. DATE OF AWARD 11. SECOND YEAR'S BUDGET 2020-VD-BX-1108 2. PROJECT DIRECTOR (Name, address & telephone number) 4. TITLE OF PROJECT 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) 5. NAME & ADDRESS OF GRANTEE Grant This project is supported under FY20(BJA - CESF) Pub. L. No. 116-136, Div. B; 28 U.S.C. 530C Jaclyn Smith Officer PO Box 310 Boynton Beach, FL 33425-0310 (561) 742-6195 ext.6141 PAGE 11OF The Coronavirus Emergency Supplemental Funding (CESF) Program allows States, U.S. Territories, the District of Columbia, units of local government, and federally recognized tribal governments to support a broad range of activities to prevent, prepare for, and respond to the coronavirus. Funded projects or initiatives may include, but are not limited to, overtime, equipment (including law enforcement and medical personal protective equipment), hiring, supplies (such as gloves, masks, sanitizer), training, travel expenses (particularly related to the distribution of resources to the most impacted areas), and addressing the medical needs of inmates in state, local, and tribal prisons, jails, and detention centers. NCA/NCF Tarasa Napolitano (202) 598-7372 OJP FORM 4000/2 (REV. 4-88) Coronavirus Emergency Supplemental Funding Program for City Boynton Beach City of Boynton Beach 3301 QUANTUM BLVD STE 100 Boynton Beach, FL 33426-8670 TO:01/20/2020 01/31/2022FROM:TO:01/20/2020 01/31/2022FROM: 05/29/2020 $ 111,931 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 3a. TITLE OF THE PROGRAM BJA FY 20 Coronavirus Emergency Supplemental Funding Program Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Page 97 of 651 6.F. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Legal expenses for May 2020 provided at the request of the City Commission. No ac tion required. Explanation of R equest: Most recent invoices for outside c ounsel through Risk Management are also inc luded. 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? G rant Amount: AT TAC H ME N TS : Type Desc ription Attachment Goren Cherof D oody & Ezrol May 2020 I nvoices Attachment Goren Cherof D oody & Ezrol May 2020 Risk Litigation I nvoices Attachment Other c ounsel May 2020 I nvoice (Geraci vs Zeller) Attachment Other Counsel May 2020 I nvoices (J ean Baptiste) Page 98 of 651 Page 99 of 651 Page 100 of 651 Page 101 of 651 Page 102 of 651 Page 103 of 651 Page 104 of 651 Page 105 of 651 Page 106 of 651 Page 107 of 651 Page 108 of 651 Page 109 of 651 Page 110 of 651 Page 111 of 651 Page 112 of 651 Page 113 of 651 Page 114 of 651 Page 115 of 651 Page 116 of 651 Page 117 of 651 Page 118 of 651 Page 119 of 651 Page 120 of 651 Page 121 of 651 Page 122 of 651 Page 123 of 651 Page 124 of 651 Page 125 of 651 Page 126 of 651 Page 127 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905022 Suite 101 STATEMENT NO: 31339 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Jean-Baptiste, Kevens Billing Category 18-RLO Claim #001470000352PP HOURS 05/01/2020 IR Receipt and review of United States Federal Judge Roy Altman's paperless court order [DE 161], entered on April 30, 2020, directing the parties' to file a Stipulation of Dismissal within thirty [30] days from the date of the order; prepared tickler for dates in May, 2020 and deadline specific date of May 19, 2020 to follow up with TAD regarding compliance with the Court's Order regarding same;0.50 05/04/2020 TAD Receipt and review of correspondence re: proposed order of dismissal. Receipt of proposed stipulation and order. Prepare correspondence re: same.0.40 05/05/2020 IR Receipt and review of Plaintiff's Joint Stipulation of Dismissal of this litigation; removed tickler, following Judge Roy K. Altman's April 30, 2020 Order pertaining to same;0.20 05/12/2020 TAD Receipt and review of correspondence re: settlement status. Receipt of correspondence to court re: stipulation.0.20 FOR CURRENT SERVICES RENDERED 1.30 210.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.70 $125.00 $87.50 TRACEY A. DECARLO 0.60 205.00 123.00 TOTAL CURRENT WORK 210.50 BALANCE DUE $210.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 128 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905098 Suite 101 STATEMENT NO: 31340 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470000367AB HOURS 05/12/2020 TAD Receipt and review of additional briefing from Plaintiff re: judgment issues. Prepare correspondence to City re: satisfaction.0.70 FOR CURRENT SERVICES RENDERED 0.70 143.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.70 $205.00 $143.50 TOTAL CURRENT WORK 143.50 BALANCE DUE $143.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 129 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905171 Suite 101 STATEMENT NO: 31341 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Caliendo, Giovanni & Emily (code violation) Billing Category: 18-RLO Claim #001470000400PI HOURS 05/15/2020 IR Receipt and review of the Court's Order Setting Mandatory Case Management Conference, scheduled for June 9, 2020 at 8:45a.m.; prepared tickler to follow up one week prior to prepare TAD regarding same;0.20 05/21/2020 TAD Receipt and review of order setting case management conference.0.10 FOR CURRENT SERVICES RENDERED 0.30 45.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.20 $125.00 $25.00 TRACEY A. DECARLO 0.10 205.00 20.50 TOTAL CURRENT WORK 45.50 BALANCE DUE $45.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905190 Suite 101 STATEMENT NO: 31342 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470-000396-AB-01 HOURS 05/04/2020 IR Receipt and review of Plaintiff's Notice of Hearing on their Motion to Determine Deposition Procedures for Defendant, Mark Sohn, scheduled for May 26, 2020 at 8:30am;0.20 05/08/2020 IR Receipt and review of email with attachment correspondence from Eiman Shamin, Esq. of Shamin & Shamin, P.A., Counsel for Plaintiff, to Judge Scott Kerner, regarding his Notice of Hearing of May 26, 2020 at 8:30a.m., on Plaintiff's Motion to Determine Procedures for Defendant, Boynton Beach Police Department Officer, Mark Sohn; prepared tickler for specific online hearing information, via Zoom hearing conference and not physically at the Palm Beach County Courthouse;0.30 05/11/2020 GB Reviewed documents for hearing on Motion to Determine Sohn's deposition procedure 0.20 05/18/2020 GB Emails with opposing counsel regarding upcoming hearing on procedures at Officer Sohn's deposition. Prepared for upcoming hearing, reviewed Sohn's response to Plaintiff's Motion. Email to TAD regarding Sohn's response.0.40 05/19/2020 IR Receipt and review of emails between the parties, regarding the upcoming hearing before Judge Scott Kerner on May 26, 2020 at 8:30am; receipt and review of Co-Defendant's Response in Opposition to Plaintiff's Motion to Determine Deposition Procedures for Mark Sohn, filed with the Court on May 18, 2020;0.30 05/21/2020 IR Receipt and review of emails regarding Plaintiff's package to Judge Scott Kerner, on their Motion for Directives for Deposition of City of Boynton Beach Officer Mark Sohn deposition; reviewed attachments thereto and prepared tickler to receive remote hearing information from Plaintiffs, prior to Tuesday's hearing;0.40 05/26/2020 GB Hearing on Plaintiff's Motion to Determine Deposition Procedures at Officer Sohn's Deposition. Email to John Peters regarding documents.1.20 IR Receipt and reviewed emails regarding today's hearing on Plaintiff's Motion to Determine Defendant, Officer Mark Sohn's Deposition; prepared tickler to received Plaintiff's proposed Court Order, from today's hearing before Page 131 of 651 Page: 2 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905190 STATEMENT NO: 31342 adv. Readon, Jayden, Estate of (police chase) HOURS Judge Scott Kerner;0.30 05/27/2020 IR Receipt and review of email from Plaintiff's counsel, enclosing their proposed Court Order, to conduct Officer Mark Sohn deposition via Zoom, and if Plaintiffs need an in-person deposition, the Plaintiff's motion will be revisited by the Court, at a later date; prepared tickler to received executed [or revised] court order by May 29, 2020; receipt and review of co-defense counsel's suggested revisions to the proposed court order to be submitted to Judge Kerner, for entry;0.50 GB Emails with John Peters regarding document review and telephone conference.0.10 05/28/2020 IR Receipt and review of email from Plaintiff's counsel, with proposed order to submit to Judge Kerner, to include co-defendant, Officer Mark Sohn's attorneys' recommended changes, following the hearing on May 26, 2020; receipt and review of co-defense counsel's email to Plaintiff's counsel, approving the Plaintiff's proposed Order regarding Officer Sohn's deposition via Zoom; receipt and review of executed Court Order, entered this date by Judge Scott Kerner regarding BBPD Officer Mark Sohn deposition;0.40 GB Emails with John Peters regarding telephone conference.0.10 FOR CURRENT SERVICES RENDERED 4.40 710.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.00 $205.00 $410.00 INGRID RIERA 2.40 125.00 300.00 TOTAL CURRENT WORK 710.00 BALANCE DUE $710.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 132 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905216 Suite 101 STATEMENT NO: 31343 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Ryan, Ronald (whistleblower PD) Billing Category: 18 - RLO Claim #001470000410EP HOURS 05/04/2020 GB Continued drafting Motion for Summary Judgment as to Count I 1.30 05/05/2020 TAD Receipt and review of correspondence re: discovery responses. Confer with GB re: same. Confer with City re: records request.0.50 GB Telephone conference call regarding City's response to Plaintiff's discovery.0.40 05/07/2020 GB Legal Research regarding protected disclosures.0.90 05/08/2020 GB Reviewed Dr. Stock's reports for Motion for Summary Judgment.0.70 05/11/2020 GB Draft Motion for Summary Judgment for Count I of Amended Complaint.0.50 GB Reviewed Plaintiff's personnel file, Plaintiff's deposition, and Sgt. Sander's deposition for Motion for Summary Judgment as to Count I.1.20 05/12/2020 GB Continued drafted Motion for Summary Judgment as to Count I. Reviewed Plaintiff's deposition transcript. Reviewed Sander's deposition transcript. Reviewed Plaintiff's employment agreement, City's response to th EEOC, and Index code 302 for Motion for Summary Judgment as to Whistleblower cause of action.2.60 05/13/2020 GB Telephone conference call with TAD regarding protected disclosures and Motion for Summary Judgment.0.20 TAD Confer with GB re: motions and witness depositions.0.30 05/15/2020 GB Drafted Motion for Summary Judgment as to Count I of Amended Complaint. Reviewed documents provided by City for Motion.3.10 05/18/2020 GB Review City Manager's Deposition. Continued drafting Motion for Summary Judgment. Telephone conference with TAD regarding Motion.3.10 IR Receipt and review of email from GB regarding time of incidents document; reviewed set of records reviewed, from first set of documents prepared to respond to Plaintiffs; responded to GB regarding same;0.30 05/19/2020 GB Reviewed Plaintiff's personnel file, reviewed investigation file for Motion for Summary Judgment.2.40 05/21/2020 IR Online review of Palm Beach Circuit Court docket, for last set of records Page 133 of 651 Page: 2 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905216 STATEMENT NO: 31343 adv. Ryan, Ronald (whistleblower PD) HOURS Plaintiff's counsel filed with the Court; reviewed discovery responses regarding Plaintiff's finances and his claims related therefrom;0.90 FOR CURRENT SERVICES RENDERED 18.40 3,676.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 16.40 $205.00 $3,362.00 INGRID RIERA 1.20 125.00 150.00 TRACEY A. DECARLO 0.80 205.00 164.00 TOTAL CURRENT WORK 3,676.00 BALANCE DUE $3,676.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 134 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905253 Suite 101 STATEMENT NO: 31344 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bolt, Barbara Dilger (MVA) Billing Category: 18 - RLO Claim #001470000422AB HOURS 05/04/2020 TAD Receipt and review of correspondence re: release. Prepare response to same. Prepare correspondence to City re: release and settlement information.0.40 05/21/2020 TAD Receipt and review of settlement draft. Receipt of correspondence from plaintiff re: release and property damage claims. Prepare correspondence to plaintiff re: same.0.30 05/27/2020 TAD Receipt and review of correspondence from plaintiff re: settlement and prepare response to same.0.20 05/28/2020 TAD Receipt and review of stipulation. Prepare correspondence to court re: same.0.20 FOR CURRENT SERVICES RENDERED 1.10 225.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.10 $205.00 $225.50 Photocopies 0.70 TOTAL EXPENSES THRU 05/28/2020 0.70 TOTAL CURRENT WORK 226.20 BALANCE DUE $226.20 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 135 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905323 Suite 101 STATEMENT NO: 31345 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 05/04/2020 TAD Review and revise release to include additional information re: court approval. Prepare correspondence to plaintiff re: release. Revise stipulation. Receipt of correspondence re: approval of settlement.1.10 05/12/2020 TAD Receipt and review of second motion to appoint guardian.0.20 05/21/2020 TAD Receipt and review of settlement draft. Prepare correspondence to plaintiff re: same.2.00 05/22/2020 TAD Receipt and review of correspondence re: motion to approve settlement. Prepare correspondence to plaintiff re: settlement.0.30 05/27/2020 TAD Receipt and review of correspondence and order from the Court re: status of case and required filings.0.30 05/28/2020 TAD Receipt and review of order setting hearing and prepare correspondence re: same.0.20 FOR CURRENT SERVICES RENDERED 4.10 840.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 4.10 $205.00 $840.50 TOTAL CURRENT WORK 840.50 BALANCE DUE $840.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905344 Suite 101 STATEMENT NO: 31346 Boynton Beach FL 33426 Attn: Lynn Swanson Brescia, Brandon (EEOC Complaint) Billing Category: 18 - RLO Claim #001470000450EP HOURS 05/01/2020 IR Prepared hyperlink documents to main indexes for trial notebook and mediation; reviewed online Palm Beach Circuit Court docket and cross-referenced with pleadings index, for trial preparation; created tracking for all fact witnesses' depositions and and their respective deposition exhibits, for use at upcoming discovery and other trial witness depositions; draft of discovery to be propounded upon Plaintiff, directed to his financial expert witness;3.30 05/04/2020 IR Reviewed expert witness discovery, to propound upon Brandon Brescia; preparation of expert witness interrogatories and preparation of expert Request for Production to Plaintiff; reviewed tickler dates for same, in compliance with the Court's Order Setting Jury Trial and Directing Pretrial, Mediation and Jury Instructions / Procedures, entered by Judge Glenn D. Kelley, March 11, 2020; receive and review Re-Notice of Mediation, Second Amended for new date of June 30, 2020, with Louis Williams, Esq. at Matrix Mediation in Palm Beach County, FL;5.30 TAD Receipt and review of correspondence re: mediation. Prepare correspondence to plaintiff counsel re: same. Confer with IVR re: expert.0.30 GB Edits to City's First Expert Request for Production and First Set of Expert Interrogatories to Plaintiff and email to TAD regarding discovery.0.40 05/05/2020 IR Online research of potential, additional expert witnesses; preparation of trial expert tracking chart, specific to both parties' designated expert witnesses, which list includes responses to expert discovery to Plaintiff; receipt and review of process servers' Return of Service on Joseph Kleinman, M.D. whose authorized records custodian, Bob R. was served this date, May 5, 2020 at 9:50a.m.; receipt and review Plaintiff's 2d Request for Production to City of Boynton Beach, regarding observations during interviews; ticklers prepared for the City's responses / objections; receipt and review of process servers' Return of Service on George Dumenigo, LCSW, Miller School of Medicine at University of Miami, who attempted service, but severed upon Risk Management via e-service, following directives from its legal department, via e-service on May 5, 2020 at 1:13pm; receipt and review of process servers' Return of Service on Henry Moore, MD, Miller School of Medicine at University of Miami, whose authorized records custodian, via e-service, following directives from its legal department, served this date, May 5, 2020 at 1:13p.m.; prepared updates to Trial Witness and Subpoena Page 137 of 651 Page: 2 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 31346 Brescia, Brandon (EEOC Complaint) HOURS duces tecum tracking chart regarding same; ticklers prepared to receive responsive records;4.90 TAD Receipt and review of correspondence re: discovery. Confer with GB re: same. Confer with Plaintiff counsel re: mediation. Receipt of response to same. Confer with mediator re: mediation issues. Receipt of returns of service on Dumenigo, Moore, Wolf, Kleinman and prepare notices of filing same.1.10 GB Telephone conference call with TAD regarding experts and discovery. Emails with opposing counsel regarding City's discovery response. Edits to City's Response to 2nd Request for Production. Reviewed trial order for discovery deadlines.1.10 05/06/2020 IR Receipt and review of Return of Service upon Luna Wolf, LMHC's records custodian, Anya B., who represented that she is authorized to receive process, which was served on May 5, 2020 at 11:55am.; prepared update to the City's Trial Witness and Subpoena Duces Tecum tracking chart, regarding same; preparation of the City of Boynton Beach's Trial Witness Disclosure list, in compliance with Judge Glenn Kelley's Order Setting Civil Jury Trial; receipt and review of Defendant's Responses to Plaintiff's Second Request for Production related to impressions and observations by Chief Glenn Joseph of Jake Brant, during the time period of September / October of 2017, as well as impressions and observations by Chief Joseph of Plaintiff, during the same time period; revisions to trial notebook and mediation notebook, pertaining to same;3.70 TAD Receipt and review of correspondence re: mediation. Prepare correspondence to the and Plaintiff re: mediation. Receipt of correspondence from Plaintiff re: mediation. Prepare correspondence to the City re: same.0.60 05/07/2020 GB Reviewed trial order for discovery deadline. Telephone conference call with TAD regarding discovery deadlines and experts. Emails with IVR regarding expert witness. Began drafting Pre-Trial Report. Emails with opposing counsel regarding setting Plaintiff's wage expert's deposition.2.90 IR Multiple telephone conferences with potential medical expert witnesses, for conflict of interest checks, fee information and to relay elements of litigation; preparation of emails to TAD and GB to provide updates pertaining to the City of Boynton Beach's expert witnesses; compilation of financial records for expert witnesses utilization, to make recommendations on behalf of the City; prepared updates to trial and mediation notebooks, with recently filed pleadings and discovery responses; receipt and review of emails pertaining to expert witness discovery, including deposition of Plaintiff's expert witnesses and prepared ticklers to receive responses from the City's requests for same, to Plaintiff; preparation of expert witness information to the City's Trial Witness and Subpoena Duces Tecum tracking chart;5.40 TAD Receipt and review of correspondence re: mediation. Prepare correspondence to mediator re: same.0.20 05/08/2020 IR Receipt and review of email from GB, enclosing letter and expert CV, sent to the City of Boynton Beach, regarding approval to hire forensic accountant; prepared tickler to follow up regarding same on 5.12.20; continuation to review documents to be utililzed as exhibits, for use in upcoming depositions and special set hearing, as well as the Trial Notebook and Mediation Notebook; receipt and review of communications between the parties and Matrix Mediation, regarding rescheduled mediation dates; telephone conference with potential medical expert Page 138 of 651 Page: 3 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 31346 Brescia, Brandon (EEOC Complaint) HOURS neuropsychologist, to act for City of Boynton Beach in this litigation;2.80 TAD Receipt and review of correspondence re: deposition of plaintiff's expert. Receipt of correspondence from Movant Therapy re: response to subpoena. Receipt of records. Receipt of returns of service on Delray Physicians, ATC medical and Dr. Michail. Prepare notice of filing same. Review correspondence re: expert witness issues. Receipt of return of service for Dr. Barton. Review and revise motion for summary judgment to include additional changes.2.20 GB Continued drafting Tristar Pre-Trial Report.3.50 05/11/2020 IR Reviewed Christopher Cannon, CPA report of Plaintiff's financial losses, to include to package for Michael Kridel, CPA; prepared email to GB regarding expert witness approval to hire, by City of Boynton Beach; reviewed email from legal assistant to Julie Oldbury, with the City of Boynton Beach regarding same; received and responded to expert witness email from TAD pertaining to expert witness information; finalized package and emailed to Michael Kridel, CPA, the City of Boynton Beach's forensic accountant, including pleadings, discovery, financial reports prepared in this litigation; receipt and review of emails from filings of 2nd Amended Notice of Mediation, filed by mediator, for June 30, 2020 and revised mediation index pertaining to same;4.10 TAD Receipt and review of renotice of mediation. Prepare correspondence re: same. Receipt of correspondence re: expert and prepare correspondence re: same.0.50 GB Reviewed Plaintiff's Medical Records from Florida Movement Therapy Centers, Dr. Kleinman and Dr. Barton. Continued drafting Tristar Pre-Trial Report.2.80 05/12/2020 TAD Receipt and review of information on claim. Confer with GB re: pretrial report. Receipt of request for records.0.40 GB Telephone conference call with TAD regarding Tristar Pre-Trial Report, depositions, experts and trial. Telephone conference call with IVR regarding medical records. Emails with City regarding witnesses.0.80 IR Telephone conferences and text communications with GB regarding trial witnesses and responsive records to subpoenas duces duces, coming due May 13, 2020; online searches and research to locate fact witnesses, for deposition and in preparation for trial, set for August, 2020; extensive research to locate trial fact witnesses, for discovery and upcoming depositions; online searches of Brevard County Circuit Court docket and Palm Beach Circuit Court docket; cross-referenced information located for fact witnesses against records in our possession, to confirm witnesses are correct, for service of process; online property records searches; online Florida Department of Health records searches; prepared emails, photographs of confirmation of information and text same to attorney GB for trial preparation; receipt, review and responded to TAD directive email regarding Plaintiff's Request for Copies, filed April 14, 2020;5.10 05/13/2020 IR Preparation of Notice of Compliance with Plaintiff's Request for Copies, dated 4.14.20; arranged responsive records, received via subpoena duces tecum, to send electronically to Plaintiff's counsel;2.80 GB Telephone conference call with TAD regarding depositions. Telephone conference call with IVR regarding expert witnesses. Drafted Subpoena Duces Tecum for Deposition for Michael Landress. Emails with opposing counsel regarding Landress' deposition date.1.40 Page 139 of 651 Page: 4 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 31346 Brescia, Brandon (EEOC Complaint) HOURS 05/14/2020 TAD Receipt and review of correspondence re: deposition of Landress. Revise duces tecum request to include additional information.0.40 IR Receipt, review and updated City of Boynton Beach's Trial Witness and Subpoena Duces Tecum tracking chart, with last set of Process Servers' Return of Service upon Care ATC, served upon Raquel P. 5.8.20 @ 8:10a.m. and Delray Physician Center Care, served upon Edward Que on 5.8.20 @ 1:40p.m.; reviewed documents received, in response and compliance with the City's subpoenas duces tecum, due May 13, 2020; preparation of trial disclosures; research of The Forensic Panel, world renowned medical expert witnesses, whose chairman was former head of University of Miami neurology department, has detailed knowledge of how university works with its patients, ie. Plaintiff;3.30 GB Edits to Subpoena Duces Tecum to Michael Landress and research court reporter in Brevard County for depo.0.20 GB Reviewed documents from Dr. Moore 0.90 05/15/2020 IR Preparation of trial disclosures, following the Court's Trial Order entered March 11, 2020; receipt and review of medical and other records received, as responsive documents to the City of Boynton Beach's subpoenas duces tecum, due May 13, 2020; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart, regarding same;2.80 GB Drafted Tristar Pre-Trial Report. Drafted letter to Luna Wolf regarding Subpoena Duces Tecum.3.50 05/18/2020 IR Receipt and review of email from forensic accountant, Michael Kridel, CPA regarding the package of records recently sent to him for review; receipt and review of medical records received from George Dumenigo, LCSW / University of Miami Hospitals and Clinics, which are responsive to the City of Boynton Beach's subpoena duces tecum, due May 13, 2020; prepared emails to TAD and GB regarding potential new subpoenas duces tecum, to be served upon entities not previously disclosed by the Plaintiff, or his counsel; online search for service of process upon the Social Security Administration and other entities; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart, listing new entities; online research, including video of DBS [Deep Brain Stimulation] brain surgery procedure; prepared email to Michael Kridel, and filled out clearance by Mr. Kridel's business firewall to exchange future emails;5.70 TAD Receipt and review of correspondence re: expert deposition and prepare response to same. Receipt of correspondence re: subpoena and prepare response to same. Confer with GB re: doctors.0.90 GB Emails to TAD regarding expert witness, subpoena Duces Tecum, and pre-trial report. Edits to letter to Luna Wolf regarding subpoena document and edits to Pre-trial report. Reviewed documents produced by Dr. Moore/UMiami and George Dumenigo, LCSW.2.60 05/19/2020 IR Receipt, review and responded to Michael Kridel, CPA email regarding forensic accountant document review; online research regarding service of process, to be served upon the Social Security Administration, to prepare a second set of subpoenas duces tecum and City's Second Notice of Production from Non-Parties;2.40 GB Emails with court reporter in Brevard County regarding Landress' deposition. Emails with opposing counsel regarding Cannon's deposition and Dr. Moore's deposition. Reviewed Medical Records produced by Dr. Moore and added to timeline.0.90 Page 140 of 651 Page: 5 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 31346 Brescia, Brandon (EEOC Complaint) HOURS 05/20/2020 IR Reviewed medical records received through the city of Boynton Beach's recently served subpoenas duces tecum; preparation of the City's Certificate of Compliance with Plaintiff's Request for Copies, with note that several sets of records have not been received; reviewed correspondence to Luna Medina-Wolf, LMHC, requesting entire file and preparation of tickler to receive same;2.70 GB Email correspondence and telephone conference with attorney for Ms. Medina-Wolf regarding subpoena. Telephone conference with TAD regarding subpoena to Medina-Wolf.0.60 TAD Receipt and review of correspondence re: subpoena. Confer with GB re: same.0.30 05/21/2020 IR Reviewed files and discovery responses regarding Plaintiff's payroll, pension and other financial records; prepared email to attorneys regarding same; reviewed fee agreement between the City's forensic accountant and Michael Kridel, CPA; prepared email to attorneys regarding both parties' forensic accountants and what documents each side has, or will need to review, in line with Plaintiff's claim for damages against the City of Boynton Beach;3.20 GB Research a psychotherapist licensed under Chapter 491's due to produce records under a subpoena. Emails with court reporter and TAD regarding Landress' deposition.2.30 TAD Receipt and review of correspondence re: expert. Prepare correspondence re: same.0.20 05/22/2020 IR Receipt and review of email regarding Landress deposition in Merrill Island, Florida; receipt, review and responded to emails regarding medical providers regarding upcoming depositions and discovery; preparation of email to team attorneys, regarding responsive records to the City of Boynton Beach's subpoenas duces tecum, noting two particular sets of records and the City's Certificate of Compliance with Plaintiff's Request for Copies filed with the Court April 14, 2020; preparation of updates to Trial Witness and Subpoena Duces Tecum tracking chart;3.10 GB Telephone conference call with TAD regarding Medina-Wolf documents. Telephone conference call and emails with attorney for Medina- Wolf regarding documents. Emails regarding Michael Landress subpoena.0.90 05/26/2020 GB Drafted Notice of Taking Deposition Duces Tecum of Michael Landress and put Subpoena to Landress in final form. Emails with process server regarding subpoena. Telephone conversation with M. Kridel regarding lost wages. Emails with IVR regarding experts.0.90 TAD Receipt and review of correspondence from plaintiff re: records requested and prepare response to same. Confer with CIty re: information for expert. Confer with IVR re: medical expert.0.70 IR Receipt and review of email from TAD regarding discovery, to Plaintiff; preparation of responsive email pertaining to same; received email from GB regarding forensic accountant and responded to same; online research for potential medical expert witnesses, for the City to hire, for use at trial and in advance of disclosures regarding same; preparation of emails to additional neuropsychological experts, to act as expert witnesses for the City of Boynton Beach, for discovery and trial set for August - September, 2020; received responsive emails regarding same and reviewed curriculum vitae, as well as fee agreements; conference with TAD regarding same; prepared email to TAD with forensic medical experts' information received and prepared ticklers regarding follow up with remaining potential Page 141 of 651 Page: 6 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905344 STATEMENT NO: 31346 Brescia, Brandon (EEOC Complaint) HOURS neuropsychological experts, regarding conflict checks and trial availability;5.10 05/27/2020 IR Receipt and reviewed Care ATC medical records, in compliance with the City of Boynton Beach's Subpoena Duces Tecum; preparation of three sets of emails to the Plaintiff's counsel, in sets titled Group A, Group B and Group C, with medical providers' records received and following the City's subpoenas duces tecum; emails to GB regarding discovery, in preparation for mediation and trial, following the Court's Trial Order, entered March 11, 2020; prepared updated to the City's Trial Witness and Subpoena Duces Tecum tracking chart, regarding the City's compliance;3.70 GB Finalized and filed Notice of Compliance with Request for Copies. Emails with IVR regarding Notice of Compliance with Request for Copies.0.40 TAD Extended telephone conference with potential expert re: claims and issues re: damage claims.0.90 05/28/2020 IR Preparation of updates to City of Boynton Beach Trial Witness and Subpoena Duces Tecum Tracking Chart, to retrieve information regarding records custodians at Delray Physician Care Center, Dr. Manal Michail, LMFT and Dr. Bruce Barton; receipt and review of email regarding discovery of Plaintiff's medical providers and status of same, from Dr. Henry Moore;0.90 GB Email to Lt. J. Brant regarding telephone conference. Emails with attorney for Luna Medina Wolf regarding documents. Telephone Conference Call with Dr. Moore's office regarding deposition.0.40 TAD Receipt and review of correspondence from Moore re: response to subpoena. Prepare response to same. Receipt of information from the City re: pension question. Prepare correspondence re: same.0.80 FOR CURRENT SERVICES RENDERED 106.30 16,167.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 26.50 $205.00 $5,432.50 INGRID RIERA 70.30 125.00 8,787.50 TRACEY A. DECARLO 9.50 205.00 1,947.50 TOTAL CURRENT WORK 16,167.50 BALANCE DUE $16,167.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 142 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905369 Suite 101 STATEMENT NO: 31347 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Moyse, Roseline (RLO) Billing Category: 18 - RLO Claim #19754303 HOURS 05/01/2020 GB Prepared for Plaintiff's deposition. Began drafting outline for deposition.2.50 05/04/2020 TAD Receipt and review of discovery responses and correspondence re:: same. TAD Receipt and review of discovery responses. Prepare revisions to same.0.80 GB Emails with the City regarding discovery. Telephone Conference call and emails with Guardian Credit Union regarding Subpoena.0.60 05/05/2020 TAD Receipt and review of correspondence re: discovery. Revise responses to request for production and prepare correspondence re: same. Confer with GB re: issues related to the Plaintiff's discovery and objections.1.80 IR Receipt and reviewed of emails between counsel for the City of Boynton Beach and Lisa Oliver, with Guardian Credit Union regarding past due records that were subpoenaed on April 21, 2020; reviewed Return of Service on Marcia Schwind, individual who was served with subpoena duces tecum, for records due April 30, 2020; revised tickler for May 15, 2020, to receive Plaintiff's employment records from Guardian;0.50 GB Telephone conference call and emails with TAD and the City regarding discovery responses. Edits to discovery responses. prepared for Plaintiff's deposition.4.10 05/06/2020 GB Emails to City and TAD regarding discovery responses. Edits to discovery responses and redacted documents responsive to Plaintiff's first request for production. Emails with Guardian Credit Union regarding Subpoena Duces Tecum.2.60 IR Receipt and review of emails from Lisa Oliver, pertaining to Guardians Credit Union's compliance with the City of Boynton Beach's subpoena duces tecum for employment records of Plaintiff, that Guardian allegedly sent to City's counsel; prepared updates to Trial Witness and Subpoena Duces Tecum tracking chart, regarding same; online research for expert witnesses, comprobale to Plaintiff's expert witnesses;1.10 05/07/2020 IR Receipt and review of emails from records custodian at Guardians Credit Union pertaining to further compliance to subpoena duces tecum; reviewed 122 pages of Plaintiff's employment, including payroll records; updated Trial Witness and Subpoena Duces tracking chart;1.30 GB Reviewed documents produced by Guardian Credit Union in response to Subpoena. Telephone conference call with TAD regarding documents Page 143 of 651 Page: 2 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905369 STATEMENT NO: 31347 adv. Moyse, Roseline (RLO) HOURS produced by Guardian Credit Union and discovery. Drafted Notice of Filing Interrogatories. Email with City regarding Interrogatories.0.60 05/08/2020 IR Receipt and review of the City of Boynton Beach's multiple sets of discovery responses, including responses thereto; prepared updates to Trial Witness and Subpoena Duces Tecum Tracking chart; review of related emails pertaining to discovery responses to Plaintiff;1.30 05/11/2020 IR Receipt and review multiple groups of personnel records of Plaintiff, separated into sets of groups; preparation of updates to City of Boynton Beach's Trial Witness and Subpoena duces tecum tracking chart, from information gleaned through personnel sets of records; conference call and texts with GB with regard to Plaintiff deposition, on May 21, 2020; research online court reporters for remote use of deposition exhibits, for upcoming witness and party depositions;1.40 GB Telephone conference call with IVR regarding deposition. Emails with court reporter regarding virtual deposition. Communication with TAD regarding virtual deposition. Emails with opposing counsel regarding rescheduling Plaintiff's deposition.0.60 05/13/2020 GB Drafted and filed Supplemental Response to Plaintiff's First Request for Production. Drafted and filed Notice of Cancellation of Plaintiff's Deposition. Reviewed documents from Guardian Credit Union. Added to Timeline. Emails with Opposing counsel regarding rescheduling Plaintiff's deposition. Put documents from Guardian Credit Union in final form and produced to Plaintiff.2.20 IR Receipt and review emails between the parties regarding Plaintiff's deposition, currently scheduled for May 5, 2020 and May 21, 2020; reviewed the City's Notice of Cancellation of Plaintiff's deposition; conference with GB regarding discovery and upcoming remote depositions;0.40 05/14/2020 GB Drafted and Filed re-notice of Plaintiff's Deposition.0.30 05/15/2020 IR Receipt and review of Re-Notice of Taking Deposition of the Plaintiff, rescheduled for June 26, 2020 commencing at 10:00am; preparation of ticklers to discuss Plaintiff's deposition and organization of records, to be entered as deposition exhibits; reviewed responsive discovery materials, sent to Plaintiff's on May 13, 2020; prepared updates to Trial Witness and Subpoena Duces Tecum tracking chart;0.70 05/18/2020 GB Emails with opposing counsel regarding Plaintiff's deposition.0.10 05/22/2020 GB Review of investigation files, personnel file and document produced by Plaintiff in preparation for Plaintiff's deposition.4.10 05/28/2020 GB Finalized outline for deposition of Plaintiff and prepare exhibits for same.2.70 FOR CURRENT SERVICES RENDERED 29.70 5,552.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 20.40 $205.00 $4,182.00 INGRID RIERA 6.70 125.00 837.50 TRACEY A. DECARLO 2.60 205.00 533.00 Page 144 of 651 Page: 3 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905369 STATEMENT NO: 31347 adv. Moyse, Roseline (RLO) TOTAL CURRENT WORK 5,552.50 BALANCE DUE $5,552.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 145 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905375 Suite 101 STATEMENT NO: 31348 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Geraci, Sanford and Meredith Geraci, John (Confrontation/Police Officer) Billing Category: 18 - RLO Claim #19757010 HOURS 05/08/2020 TAD Receipt and review of correspondence re: status of discovery subsequent to appeal.0.20 05/28/2020 TAD Receipt and review of correspondence re: status of claim.0.10 FOR CURRENT SERVICES RENDERED 0.30 61.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 0.30 $205.00 $61.50 TOTAL CURRENT WORK 61.50 BALANCE DUE $61.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 146 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905423 Suite 101 STATEMENT NO: 31349 Boynton Beach FL 33426 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 HOURS 05/01/2020 TAD Receipt of correspondence from plaintiff re: depositions and prepare correspondence to Mayor re: same. Receipt of correspondence from Mayor re: depositions. Attend telephone conference with Plaintiff re: discovery conference. Review additional case law and authority re: memorandum to court. Draft memorandum of law to the Court. Receipt of correspondence from Plaintiff re: depositions.4.40 IR Receipt and review of Magistrate Judge Matthewman's paperless court order [DE 57], from hearing on April 30, 2020, ordering the parties to discuss and file supplemental memoranda to Plaintiff's Motion for Protective Order; prepared tickler for May 4, 2020, following the Court's order of 4.30.20, relevant and in compliance to the Motion for Protective Order;0.30 05/04/2020 TAD Receipt and review of correspondence re: depositions. Prepare correspondence re: same. Revise memorandum of law to include additional case law and factual information. Receipt of deposition of Woods.3.30 05/05/2020 IR Receipt and review of Plaintiff's Supplemental Filing to Motion to Compel, DE 59, following Magistrate Judge Matthewman's Order entered April 30, 2020;0.30 TAD Receipt of plaintiff's memorandum. Review case law re: speech claims re: trial and motions. Review plaintiff's discovery responses and disclosures re: witnesses.2.60 05/06/2020 TAD Receipt and review of amended notice of deposition of Snow. Receipt of notice of deposition of McCray. Prepare correspondence to Snow re: amended notice. Prepare correspondence to plaintiff re: deposition of Shah. Receipt of notice of deposition of Mayor and Commissioner. Review case law re: application of privilege to federal proceedings. Prepare correspondence to plaintiff re: scope of deposition and case law on same.2.70 05/07/2020 TAD Attend pre-deposition conference with Chief Snow. Prepare correspondence to Mayor re: deposition. Prepare correspondence to Commissioner Katz re: correspondence. Receipt of correspondence from Plaintiff re: deposition of Dipika Shah. Prepare notice of deposition of same. Prepare correspondence to plaintiff re: issues with notice of deposition. Receipt of correspondence from Snow re: records. Review Page 147 of 651 Page: 2 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905423 STATEMENT NO: 31349 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit HOURS records. Review case law re: motion for summary judgment issues. Receipt of correspondence from plaintiff re: deposition notices and issues with same.3.60 05/08/2020 TAD Receipt and review of correspondence from plaintiff re: depositions. Prepare response to same. Prepare amended notice of deposition. Review and redact notes re: duces tecum request. Review case law re: depositions of commissioners re: outline of same for meetings. Prepare for deposition of Snow. Prepare for pre-deposition meetings with commissioners.3.60 05/11/2020 TAD Receipt and review of correspondence re: pre-deposition with mayor and with Katz. Prepare response to same. Confer with Snow re: deposition issues. Attend deposition of Chief Snow. Confer with City re: information on McCray deposition. Confer with McCray re: deposition. Prepare correspondence to McCray re: minutes and notice. Prepare correspondence to Mayor re: additional information requested. Receipt of notice of deposition of Butt. Prepare correspondence re: same. Receipt of correspondence from plaintiff re: deposition and prepare correspondence re: same.3.80 05/12/2020 TAD Receipt and review of correspondence from plaintiff re: depositions. Prepare correspondence re: same. Confer with McCray re: deposition issues. Prepare correspondence to plaintiff re: McCray deposition. Receipt of response to same. Attend telephone conference with Mayor. Attend telephone conference with Commissioner Katz. Receipt of correspondence from Mayor re: complaint from resident. Review case law re: motion for summary judgment arguments.4.30 05/13/2020 TAD Receipt and review of notice of cancellation of deposition. Receipt of correspondence from communications director and prepare response to same re: deposition. Prepare correspondence to police department officer re: information on property and receipt of response to same. Extended conference with Officer Cafaro re: information for motions and trial. Receipt of correspondence re: police incidents re: trial and motions.1.90 05/14/2020 TAD Prepare summary of Woods deposition re: trial and motions.2.20 05/15/2020 TAD Attend deposition of Commissioner Katz. Confer with Communications Director re: pre-deposition conference. Confer with Commissioner Katz re: deposition. Confer with JAC re: same. Prepare correspondence to communications director re: deposition documents. Continue review of case law re: motions and trial issues. Prepare for deposition of communications director. Prepare correspondence to communications director re: calls for service.4.20 05/18/2020 TAD Receipt and review of order on motion for protective order. Prepare correspondence to plaintiff re: production of documents. Review local rules re: issues with order. Review authority cited in order re: document production and requirements.1.80 05/19/2020 TAD Attend deposition of Michael Butt. Prepare memorandum re: same. Prepare correspondence to Butt re: deposition.1.30 IR Receipt and review of email from United States District Court, regarding DE 60, Magistrate Judge Matthewman's Order Granting in Part and Denying in Part Plaintiff's Motion for Protective Order, denying as moot, Plaintiff's Page 148 of 651 Page: 3 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905423 STATEMENT NO: 31349 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit HOURS Motion to Compel, denying as moot and Defendant's Motion to Compel, entered on May 18, 2020; reviewed Homing Inn's deposition of Mack McCray via video conference on May 26, 2020 at 10am-12:00pm; prepared ticklers pertaining to same;0.40 05/20/2020 TAD Receipt and review of correspondence from plaintiff re: response to request for production. Review case law re: order re: evaluation of same for opinion on objections.2.80 05/21/2020 TAD Receipt and review of correspondence from plaintiff re: discovery issues. Telephone conference with McCray re: deposition. Prepare correspondence to plaintiff re: same.0.60 05/22/2020 TAD Receipt and review of correspondence re: deposition of McCray. Prepare response to same. Attend deposition of Mayor. Confer with Mayor re: deposition. Receipt of additional correspondence from plaintiff re: depositions. Prepare response to same. Confer with McCray re: deposition. Receipt of amended notice of deposition of McCray. Prepare for deposition of same.2.40 05/26/2020 TAD Attend deposition of McCray. Confer with McCray following deposition. Prepare memorandum re: information from McCray deposition and conversation. Prepare memorandum re: issues from magistrate's ruling. Prepare correspondence re: same. Begin preparation of Motion to Compel and for Sanctions. Review case law re: same.3.80 05/27/2020 TAD Complete motion to compel and memorandum of law and review additional case law. Prepare correspondence to City re: mediation. Receipt of response to same. Receipt of correspondence from mediator re: mediation and prepare response to same. Prepare correspondence to mediator re: mediation statement. Prepare correspondence to Plaintiff re: motion and receipt of response to same. Prepare exhibits for filing.3.80 IR Preparation of Mediation Virtual Notebook, for TAD to utilize on June 1, 2020, before Rodney Romero, Esq., with Matrix Mediation via Zoom; reviewed pleadings and court orders relevant to substantive, pending issues;0.80 05/28/2020 TAD Receipt and review of correspondence from plaintiff. Prepare response to same. Attend telephone conference with City re: mediation. Attend telephone conference with Plaintiff re: discovery issues. Receipt of deposition of Snow and prepare outline of same. Prepare memorandum re: information from Mayor's deposition. Prepare for mediation of matter. Prepare correspondence to adjuster re: status, claims and mediation. Continue review of case law re: claims for motions for summary judgment.4.80 IR Organization of records, for use at upcoming depositions and for mediation; compile exhibits from initial and amended pleadings to assist TAD and utilize at Mediation scheduled for June 1, 2020 before Rodney Romero, Esq. of Matrix Mediation; reviewed City of Boynton Beach's Motion to Compel and for Sanctions Against Plaintiffs, for failure to provide discovery documents, in compliance with Agreed Order DE 60;2.90 FOR CURRENT SERVICES RENDERED 62.60 12,457.00 Page 149 of 651 Page: 4 CITY OF BOYNTON BEACH 05/29/2020 ACCOUNT NO:306-9905423 STATEMENT NO: 31349 adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 4.70 $125.00 $587.50 TRACEY A. DECARLO 57.90 205.00 11,869.50 TOTAL CURRENT WORK 12,457.00 BALANCE DUE $12,457.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 150 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905462 Suite 101 STATEMENT NO: 31350 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Copabianco, Ewa (Charge of Discrimination) Billing Category: 18 - RLO Claim #20806974 HOURS 05/14/2020 TAD Receipt and review of motion for extension of time. Prepare correspondence to plaintiff re: same.0.40 05/15/2020 IR Receipt and review of emails this week from Plaintiff's counsel to TAD, regarding her discovery responses; reviewed Plaintiff's Motion for Enlargement of Time Within Which to File Discovery Responses, filed with the Court May 13, 2020; reviewed email from Plaintiff's counsel, enclosing a proposed Agreed Order on Plaintiff's extension to respond to discovery, until June 15, 2020; preparation of tickler regarding same;0.30 TAD Receipt and review of correspondence re: proposed order. Review and revise order. Prepare correspondence re: changes. Receipt of correspondence re: changes and prepare correspondence re: same.0.90 05/18/2020 IR Receipt and review of Agreed Order, entered by Judge Lisa Small, ordering the Plaintiff to file her answers to interrogatories and responses to request for production and responses to request for admissions, within thirty days [June 15, 2020]; prepared updates to tickler for June 15, 2020 deadline, noted that the Court entered her order of same; prepared updates to City of Boynton Beach running W.I.P. regarding same;0.30 FOR CURRENT SERVICES RENDERED 1.90 341.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL INGRID RIERA 0.60 $125.00 $75.00 TRACEY A. DECARLO 1.30 205.00 266.50 TOTAL CURRENT WORK 341.50 BALANCE DUE $341.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 151 of 651 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 05/29/2020 3301 Quantum Boulevard ACCOUNT NO:306-9905480 Suite 101 STATEMENT NO: 31354 Boynton Beach FL 33426 Attn: Lynn Swanson adv. Bible Church of God (Property Damage/Fiber Optic Cable) Billing Category: 18 - RLO Claim #19792048 HOURS 05/05/2020 TAD Receipt and review of information from the City re: claim. Prepare correspondence to Church re: damage claim and insurance request.0.90 05/06/2020 TAD Review documents from City re: damages. Revise correspondence to Church re: demand.0.30 05/26/2020 TAD Prepare correspondence to City re: claim letter.0.20 FOR CURRENT SERVICES RENDERED 1.40 287.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL TRACEY A. DECARLO 1.40 $205.00 $287.00 TOTAL CURRENT WORK 287.00 BALANCE DUE $287.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 651 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 Attn: claims@bbfl.us 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 05/31/20 June 10, 2020 Bill No. 52038 HoursDateAttorneyServices PROFESSIONAL SERVICES 05/03/20 Preparation for upcoming Court ordered hearing on 4th District Court of Appeals' Ruling before Judge Marx. 0.90JHL 05/06/20 Receipt and review of e-mail from Judge Martz re: upcoming hearing on 4th DCA's Ruling and requesting parties provide hearing attendance format and information to Court. 0.20LHR 05/06/20 Telephone conference with Palm Beach County Sheriff's Office re: missing recorded interview pertaining to Sanford Geraci and Matthew Zeller. 0.30RKD 05/06/20 Receipt and review of email response from Plaintiff's counsel Eiss to Judge Martz re: upcoming hearing on 4th DCA's Ruling and potential phone conference attendance if Court is agreeable. 0.20LHR 05/07/20 Attendance at Court's hearing before Judge Martz on 4th DCA's order via Zoom. 1.20JHL 05/07/20 Draft/Revise Proposed order on May 7, 2020 hearing outcome.0.50JHL 05/07/20 Correspondence to Director of HR and Risk Management Julie Oldbury re: outcome of May 7, 2020 hearing 0.30JHL 05/07/20 Communicate/Other Counsel Correspondence with Plaintiffs' counsel Chuck Eiss re: enclosing proposed order on May 7, 2020 hearing for his review 0.20JHL 05/07/20 Receipt and review of correspondence from Chuck Eiss, Plaintiff's counsel re: approval of proposed order. 0.20JHL 05/08/20 Follow-up correspondence to Plaintiffs' counsel Eiss re: we are sending redacted versions to Judge Martz and not Plaintiffs counsel 0.30JHL Page 153 of 651 City of Boynton Beach Matter: 19132 - Geraci v. Zeller Page 2 June 10, 2020Client: HoursDateAttorneyServices PROFESSIONAL SERVICES 05/11/20 Receipt and review of recorded interview of Matthew Zeller received from Palm Beach County Sheriff's Office pursuant to public records request. 0.70LHR 05/11/20 Receipt and review of recorded interview of Sanford Geraci received from Palm Beach County Sheriff's Office pursuant to public records request. 1.30LHR 05/13/20 Correspondence to Chuck Eiss, Counsel for Plaintiff, re: following up on proposed order. 0.20JHL 05/18/20 Correspondence to Chuck Eiss, Counsel for Plaintiff, re: inquiring if we can submit the proposed order on May 18, 2020. 0.20JHL 05/18/20 Receipt and review of correspondence from Chuck Eiss, Counsel for Plaintiff, re: advising he now has issues with the proposed order and would like to discuss. 0.20JHL 05/18/20 Correspondence to Chuck Eiss, Counsel for Plaintiff, re: need to discuss proposed order. 0.10JHL 05/26/20 Extensive telephone conference with Plaintiffs' counsel Charles Eiss re: resolving issue with regard to Order on redacted materials. 0.40LHR 05/27/20 Draft/Revise Second Supplemental Answers to Plaintiff's First Set of Interrogatories 0.40JHL 05/27/20 Draft/Revise Zeller's Second Supplemental Response to Plaintiff's Request to Produce 0.50JHL 05/27/20 Receipt and review of Court's executed Order on Court's UMC Hearing on Ruling from 4th DCA. 0.20LHR 05/28/20 Correspondence to City Risk Manager Julie Oldbury re: Court's executed Order on Court's UMC Hearing on Ruling from 4th DCA. 0.20LHR 05/29/20 Draft/Revise Proposed confidentiality order on discovery 1.50JHL Code AmountHoursRateName PROFESSIONAL SERVICES SUMMARY 1,072.00160.006.70JHLJordan H. Lewis, Associate 592.00185.003.20LHRLyman H. Reynolds, Jr., Partner 33.00110.000.30RKDRebecca K. Davis, Paralegal Total Professional Services $1,697.0010.20 Page 154 of 651 City of Boynton Beach Matter: 19132 - Geraci v. Zeller Page 3 June 10, 2020Client: CURRENT BILL TOTAL AMOUNT DUE $1,697.00 Balance Forward: Payments & Adjustments:-251.00 251.00 1,697.00Total Due:$ Page 155 of 651 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 52038Bill Number: Client Code:032 Client Name:City of Boynton Beach Bill Date:June 10, 2020 19132 Geraci v. Zeller Matter Code: Matter Name: CURRENT BILL TOTAL AMOUNT DUE $1,697.00 0.00Past Due Balance TOTAL AMOUNT DUE $1,697.00 Balance Forward: Payments & Adjustments:-251.00 251.00 1,697.00Total Due:$ Total Professional Services Total Disbursements 0.00 1,697.00 Page 156 of 651 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 Attn: claims@bbfl.us P.O. Box 310 Boynton Beach, FL 33425-0310 FINAL BILL. CLIENT:City of Boynton Beach 032 MATTER:Jean-Baptiste v. Boynton Beach et al.18352 cc: claims@bb.fl.us BILL FOR FEES AND COSTS THROUGH 05/31/20 June 10, 2020 Bill No. 9918352 HoursDateAttorneyServices PROFESSIONAL SERVICES 04/02/20 Receipt and review of e-mail from Plaintiff's counsel Anderson to Judge Altman re: proposed Final Order of Dismissal with Prejudice, and review of same. 0.30LHR 04/30/20 Receipt and review of Court's executed Order Directing Parties to File Joint Stipulation for Dismissal within 30 days. 0.20LHR 05/04/20 Receipt and review of Joint Stipulation for Dismissal with Prejudice. 0.20LHR 05/04/20 Receipt and review of correspondence from Kevin Anderson, Counsel for Plaintiff, re: proposed Stipulation for Dismissal and proposed Order of Dismissal for review and approval for submission to the Court. 0.30AGA 05/04/20 Correspondence to Kevin Anderson, Counsel for Plaintiff, re: advising no objection to the proposed Stipulation & Order of Dismissal. 0.20AGA 05/04/20 Receipt and review of e-mail from Plaintiff's counsel Erica Chaplin to Judge Altman re: confirmation of filing of Stipulation for Dismissal pursuant to Court's Order so directing, and proposed Order of Dismissal with Prejudice. 0.20LHR Code AmountHoursRateName PROFESSIONAL SERVICES SUMMARY 92.50185.000.50AGAAndrea G. Amigo, Partner 166.50185.000.90LHRLyman H. Reynolds, Jr., Partner Page 157 of 651 City of Boynton Beach Matter: 18352 - Jean-Baptiste v. Boynton Beach et al.Page 2 June 10, 2020Client: Code AmountHoursRateName PROFESSIONAL SERVICES SUMMARY Total Professional Services $259.001.40 CURRENT BILL TOTAL AMOUNT DUE $259.00 Balance Forward: Payments & Adjustments:-1,028.50 1,028.50 259.00Total Due:$ Page 158 of 651 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 9918352Bill Number: Client Code:032 Client Name:City of Boynton Beach Bill Date:June 10, 2020 18352 Jean-Baptiste v. Boynton Beach et al. Matter Code: Matter Name: CURRENT BILL TOTAL AMOUNT DUE $259.00 0.00Past Due Balance TOTAL AMOUNT DUE $259.00 Balance Forward: Payments & Adjustments:-1,028.50 1,028.50 259.00Total Due:$ Total Professional Services Total Disbursements 0.00 259.00 Page 159 of 651 6.G. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Approve the one-y ear extension for RF Ps/B ids and/ or piggy-backs for the procurement of servic es and/or commodities as desc ribed in the written report for J une 16, 2020- "Request for Extensions and/or Piggy backs." Explanation of R equest: As required, the Financ e/Procurement D epartment submits requests for award to the C ommission; requests for approval to enter into c ontrac ts and agreements as the result of formal solic itations; and to piggy-bac k governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to Commission as part of the initial approval proc ess. Proc urement seeks to provide an acc urate and effic ient method to keep the C ommission informed of pending renewals and the anticipated expenditure by reduc ing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). V E N D O R(S )D ESC R IP T IO N O F S O LIC ITAT IO N S O LIC ITAT IO N N U MB ER R E N E W AL T E R M AMO U N T Line-Tec, I nc. Furnish and I nstall W ater Servic e C onnections and Restoration 021-2821-18/I T August 7, 2020 to August 6, 2021 $25,000 Henry Schein Medical C ity’s Medical Supplies State of FL Contract # 42000000-18-A C S J une 26, 2020 to J une 25, 2021 $50,000 How will this affect city programs or services? This renewal report will be used for those solic itations, c ontrac ts/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 solic itations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Page 160 of 651 Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Description Addendum RE QUE S T F OR B I D E X TE NS I ONS 6-16-20 Addendum Line-Tec Signed Renewal Letter 5-27-20 Addendum State of F L Amendment 2 & Henry Sc hein Medical Extended to 6-25-21 Page 161 of 651 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS June 16, 2020 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Joseph Paterniti TERM: August 7, 2020 thru August 6, 2021 SOURCE FOR PURCHASE: 021-2821-18/IT ACCOUNT NUMBER: 401-2810-536-46-47 VENDOR(S): Line-Tec, Inc. ANNUAL ESTIMATED EXPENDITURE: $25,000 DESCRIPTION: Award of the current Furnish and Install Water Service Connections and Restoration contract to Line-Tec, Inc. was approved at the 6/18/19 City Commission Meeting and is for a one (1) year term that ends on August 6, 2020 with an option to renew for three (3) one-year terms. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for August 7, 2020 thru August 6, 2021, the second renewal of three renewal periods. REQUESTING DEPARTMENT: Warehouse DEPARTMENT CONTACT: Michael Dauta TERM: June 26, 2020 to June 25, 2021 SOURCE FOR PURCHASE: State of FL Contract # 42000000-18-ACS ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): Henry Schein Medical ANNUAL ESTIMATED EXPENDITURE: $50,000 DESCRIPTION: Piggyback of the Medical Supplies contract to Henry Schein Medical received an amendment to extend the agreement term to June 25, 2021. The vendor has agreed to allow the City to piggyback the existing agreement with the same Terms and Conditions for June 26, 2020 to June 25, 2021. Page 162 of 651 Page 163 of 651 AMENDMENT NO.: 2 Contract Renewal Contract No.: 42000000-18-ACS Contract Name: Medical Supplies Medical Supplies Alternate Contract Source No.: 42000000-18-ACS Page 1 of 2 This Amendment (“Amendment”), effective as of June 26, 2020, to the Medical Supplies Contract, No. 42000000-18-ACS (“Contract”), is made by and between the State of Florida, Department of Management Services (“Department”), and Henry Schein Medical, a division of Henry Schein, Inc. (“Contractor”), collectively referred to herein as the “Parties.” All capitalized terms used herein have the meanings assigned to them in the Contract unless otherwise defined herein. WHEREAS, the Department entered into the above-referenced Contract with the Contractor for the provisions of medical supplies on October 23, 2018; WHEREAS, the underlying Minnesota Multistate Contracting Alliance for Pharmacy (MMCAP) contract no. MMS18016 (Master Agreement) was amended to extend the term of the Master Agreement through June 25, 2021, as set forth in Exhibit A; and WHEREAS, the Parties wish to renew the Contract in accordance with Article 4, section 2, of the Master Agreement. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. Scrutinized Companies. By entering into this Amendment, the Contractor certifies that: 1) it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; 2) it does not have business operations in Cuba or Syria; and 3) it is not participating in a boycott of Israel. II. Contract Renewal. Pursuant to section 2 of Article 4 of the Master Agreement, the Master Agreement was extended for a period of one year, with a new expiration date of June 25, 2021. In accordance with the “Term” section of the Contract, this Contract also remains in effect until June 25, 2021. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. IV. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. DocuSign Envelope ID: 514DCD99-5F8B-488A-A450-C5FBC05E82E1 Page 164 of 651 Page 2 of 2 State of Florida: Department of Management Services Contractor: Henry Schein, Inc. By: By: Name: ___________________________ Name: Title: ___________________________ Title: Date: _ Date: Nancy A. Lanni Vice President, Healthcare Services 5/27/2020 DocuSign Envelope ID: 514DCD99-5F8B-488A-A450-C5FBC05E82E1 5/27/2020 | 4:32 PM EDT Tami Fillyaw Chief of Staff Page 165 of 651 MMS18016 Amendment #8 Tendered: January 22, 2020 AMENDMENT NO. 8 TO MMCAP INFUSE CONTRACT NO. MMS18016 THIS AMENDMENT NO. 8 ("Amendment") is entered into on the date all required signatures are obtained for this document and is by and between the State of Minnesota acting through its Commissioner of Administration ("Minnesota") on behalf of the MMCAP Infuse f/k/a Minnesota Multistate Contracting Al liance for Pharmacy ("MMCAP Infuse") and Henry Schein Medical, a division of Henry Schein Inc., a corporation with an address of 135 Duryea Road, Melville, New York 11747 ("Vendor"). RECITALS WHEREAS, MMCAP Infuse and Vendor entered into MMS18016 on June 25, 2018, as amended (collectively, the "Original Contract"); WHEREAS, MMCAP Infuse and Vendor have agreed to certain changes in the terms and conditions set forth in the Original Contract and have agreed to amend the Original Contract to reflect said changes; WHEREAS, besides the terms and conditions of the Original Contract amended in this Am endment, the Original Contract remains in full force and effect; and NOW, THEREFORE, the parties acknowledge and hereby agree that the Original Contract shall be amended as follows: Capitalized Terms; Definitions; Conditions. The Original Contract and Amendment shall be read together as one document. Any capitalized terms used in Amendment that are defined in the Original Contract will have the same meaning(s) when used herein, unless the context clearly requires otherwise. To the extent there shall exist a conflict between the Original Contract and this Amendment, the terms of this Amendment will control. Unless otherwise clearly altered, modified, deleted, or amended otherwise, the terms of the Original Contract will continue in their entirety and govern the contractual relationship between Vendor and MMCAP Infuse. Clause Modifications· Revision 1: ARTICLE 4.· CONTRACT TERMS AND CONDITIONS, clause 2. Contract Expiration Date in the Original Contract is deleted in its entirety and replaced with the following: 2.Contract Expiration Date June 25, 2021; the Contract may be extended for up to two (2) additional one (1) year periods upon execution of a written amendment and acceptance of both parties. Revision 2: The second sentence of ARTICLE 4: CONTRACT TERMS AND CONDITIONS, Clause 23.6 in the Original Contract is deleted in its entirety and replaced with the following: 23.6 In the event that a court of competent jurisdiction orders Vendor to disclose its insurance policy(ies) in connection with discovery during litigation brought as a result of a dispute between the parties, Vendor agrees to adhere to such court's order with respect to disclosure of such policy(ies). Attachment A Modifications· Revision 3: Attachment A of the Original Contract is removed and replaced with a new Attachment A: Products and Services Pricing, which is attached and incorporated as Exhibit 1 of this Amendment. [End of Amendment; Signature Page Follows] Page 1 of 3 .. Accurate as of March 4, 2020 The most current version is at: http://www.mmd.admin.state.mn.us/MMCAP/Contracts/Default.aspxExhibit A DocuSign Envelope ID: 514DCD99-5F8B-488A-A450-C5FBC05E82E1 Page 166 of 651 MMS18016 Amendment #8 Tendered: January 22, 2020 Except as herein amended, the provisions of the Original Contract between the parties are hereby expressly reaffirmed and remain in full force and effect. VENDOR: Henry Schein Medical, a division of Henry Schein Inc. The Vendor certified that the appropriate person(s) have executed this Amendment on behalf of the Vendor as required and by applicable articles, bylaws, resolutions, or ordinances. Name: Signature: Title:VP, Healthcare Services Date:3/3/2020 STATE OF MINNESOTA FOR MMCAP IN FUSE In accordance with Minn. Stat.§ 16C.03, subd. 3 Name: Signature: -�=-,,_.,_ _________ _ Date: � } 2d Zc-. Signature: Date: Page 2 of 3 Accurate as of March 4, 2020 The most current version is at: http://www.mmd.admin.state.mn.us/MMCAP/Contracts/Default.aspxDocuSign Envelope ID: 514DCD99-5F8B-488A-A450-C5FBC05E82E1 Page 167 of 651 6.H. Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution No. R20-056 - A uthorize the May or to sign F P L easement forms for parking lot lighting assoc iated with the Eco Park project. Explanation of R equest: I n Oc tober 2019, C ommission authorized the Mayor to sign a non-exc lusive ground lease with F H Quantum, L L C to construct a parking lot for Quantum Ec o Park to serve the parking requirements for a 60-acre park (see Attachment 1 – R19-115). As required in the agreement it is nec essary to execute and rec ord a utility easement for F P L so that F P L can install parking lot lighting. Attac hed is a copy of the FP L easement form and a sketc h and legal (see Attachments 2 and 3). How will this affect city programs or services? F P L parking lot lighting is required to complete the Ec o Park site improvements. Fiscal Impact: Budgeted None Alternatives: Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 168 of 651 AT TAC H ME N TS : Type Desc ription Resolution Resolution authorizing F P L Easement for E C O Park project Attachment Attachment 1 - R19-115 Attachment Attachment 2 - S ketc h and Legal Description Attachment Attachment 3 - E asement form Page 169 of 651 S:\CA\RESO\Utility Easement (Eco Park Parking) - Reso.Docx RESOLUTION R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO 4 SIGN FPL EASEMENT FORMS FOR PARKING LOT LIGHTING 5 ASSOCIATED WITH THE ECO PARK PROJECT; AND 6 PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, in October 2019, the City Commission authorized the Mayor to sign a 9 non-exclusive ground lease with FH Quantum, LLC to construct a parking lot for Quantum 10 Eco Park to serve the parking requirements for a 60-acre park; and 11 WHEREAS, as part of the agreement it is necessary to execute and record a utility 12 easement for FPL so that FPL can install parking lot lighting. 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 14 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 15 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 16 being true and correct and are hereby made a specific part of this Resolution upon adoption 17 hereof. 18 Section 2. The City Commission of the City of Boynton Beach, Florida does 19 hereby approve and authorize the Mayor to sign an FPL Easement forms for parking lot 20 lighting associated with ECO Park, a copy of which is attached hereto as Exhibit “A”. 21 Section 3. This Resolution will become effective immediately upon passage. 22 PASSED AND ADOPTED this _____ day of June, 2020. 23 CITY OF BOYNTON BEACH, FLORIDA 24 YES NO 25 26 Mayor – Steven B. Grant _____ _____ 27 28 Vice Mayor – Ty Penserga _____ _____ 29 30 Commissioner – Justin Katz _____ _____ 31 32 Commissioner – Woodrow L. Hay _____ _____ 33 34 Commissioner – Christina L. Romelus _____ _____ 35 36 VOTE ______ 37 ATTEST: 38 39 _____________________________ 40 Crystal Gibson, MMC 41 City Clerk 42 43 (Corporate Seal) 44 Page 170 of 651 RESOLUTION NO. R19-115 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN A NON-EXCLUSIVE GROUND LEASE WITH FH 6 QUANTUM, LLC., TO CONSTRUCT A PARKING LOT FOR 7 QUANTUM ECO PARK TO SERVE THE PARKING 8 REQUIREMENTS FOR A 60 ACRE PARK.; AND PROVIDING AN EFFECTIVE DATE. 11 1 WHEREAS, the owners of 3301 Quantum Blvd approached the City to construct a 1 ' parking lot on City property to serve the proposed Quantum Eco Park to facilitate additional 1 : growth of the tenant located in 3301 Quantum Blvd.; and 1 .WHEREAS, the Quantum Park Overlay Development District (QPODD)has been 1 . planning a park development project for both the City property and the QPODD property and 1 • the QPODD has approved a budget to set aside funds to develop this park which will include 1 ' passive hiking trails, shelters, canoe and kayak launching points and restoration of the sand 1 : pine environmental community and associated infrastructure including parking and restrooms; 1 and 2 WHEREAS, this Ground Lease Agreement will provide the required parking for the 21 new eco-park utilizing private funds and the developer will use 75% of the spaces during the 22 business day to allow an expansion of the medical industry business located at 3301 Quantum 23 Blvd., while the remaining spaces will be available for park patrons during the business day 24 and all spaces will be available for weekend visitors which is the peak visitor time frame for 25 this type of park; and 2 a WHEREAS,the City Commission has determined that it is in the best interests of the 27 residents of the City to approve and authorize the Mayor to sign Ground Lease Agreement 2 with FH Quantum LLC, to construct a parking lot for Quantum Eco Park to serve the parking C:\Users\StanzioneT AppData\Local\Microsoft\Windows\INetCache\IEMGLJJEMGround_Lease_Agreement_with_FH_Quantum-_Reso.docx Page 171 of 651 2! requirements for a 60 acre park. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 3 THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 3' being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 3 Section 2. The CityCommission does hereby approve and authorize the Mayor to 3 i signa Ground Lease Agreement with FHQuantum LLC, to construct a parkinglot forg 3 Quantum Eco Park to serve the parking requirements for a 60 acre park,a copy of the Ground 3: Lease Agreement is attached hereto as Exhibit"A". 3! Section 3. This Resolution shall become effective immediately uponu passage. 4M 4 PASSED AND ADOPTED this \5 day of2 &' 2019. 49. CITY OF BOYNTON BEACH, FLORIDA II 41 YES NO 4i 4 M Mayor— Steven B. Grant 4: 4r0 Vice Mayor—Justin Katz 4:4: 4M Commissioner—Mack McCray 51 5: Commissioner—Christina L. Romelus 5& 51 Commissioner—Ty Penserga 1,---- 5!5i 5M VOTE 5 ' ). 5; ATTEST: 5• Zjtif '0 oRA 4 , t, t` 5M C stal Gibson, MMC o Y ria. , 6' City Clerk a, 1 '% 6 1920 6% 6c (Corporate Seal) C:\Users\StanzioneT\AppDataV..ocal\Microsoft\W indows1JetCacheUE\gRGLJIDT\Ground_Lease_Agreement_with_FH_Quantum-_Reso.docx Page 172 of 651 3 GROUND LEASE AGREEMENT iThis Ground Lease Agreement ("Lease" or"Agreement") is made and executed as of the day of (10k)es-r,'2X' , 2019, by and between City of Boynton Beach, Florida, a public body corporate and politic of the State of Florida (hereinafter the "City" or"Lessor") and FH Quantum LLC, a limited liability company established under the laws of the State of Florida hereinafter"FH Quantum"or"Lessee"). RECITALS: WHEREAS, Lessor is the owner of the Premises(as defined herein below); and WHEREAS, the Lessor desires to lease the Premises to the Lessee and the Lessee desires to let the Premises from the Lessor so that it can build a parking lot and have a non-exclusive right to use the parking as further defined below; and WHEREAS,this Lease shall allow for following: (i)the leasing to FH Quantum of the Park Side Lot; and (ii) facilitating the approvals, permitting, construction and proper development of the Park Side Lot, all in accordance with all applicable statutes,ordinances, codes,rules and other governmental regulations. NOW THEREFORE, in consideration of the rents and other payments hereinafter agreed to be paid and the mutual covenants and agreements hereinafter set forth and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged by both parties hereto,the Lessor and Lessee agree as follows: ARTICLE 1 DEMISE,DESCRIPTION,AND USE OF PREMISES 1.1 Lessor hereby conveys a non-exclusive leasehold interest to Lessee, and Lessor leases to Lessee, for the purpose of constructing and occupying on a non-exclusive basis a parking lot, in and on the premises situated in the City of Boynton Beach, County of Palm Beach, State of Florida, and more particularly described in Exhibit"A" attached to and made a part of this Lease the"Premises"or"Park Side Lot"). 1.2 As used in this Lease, the term "Premises" or "Park Side Lot" refers to the real property above described and to any improvements constructed thereon by Lessee which are located on the property from time to time during the term of this Lease. ARTICLE 2 DEFINITIONS 2.1 Lease Date. The Lease Date of this Lease shall be the date of the last party to execute the Agreement. 1- Page 173 of 651 2.2 Use. The FH Quantum Use shall be a non-exclusive use of the parking area for no more than 100 parking spaces, constructed at the cost and expense of Lessee within the Park Side Lot, as further described herein, subject to the limited right of the general public as further described herein. 2.3 Due Diligence Period.The Due Diligence Period shall be a period commencing on the Lease Date and ending thirty(30) days thereafter. 2.4 Design Development Drawings. Design Development Drawings shall be those drawings, applications, information and other materials, whether electronic, paper, or otherwise necessary or appropriate to obtaining all approvals, permits, or other permissions necessary or appropriate to obtaining the FH Quantum Use on the Park Side Lot. ARTICLE 3 TERM The term(the"Term")of this Lease shall be for a period of thirty(30) years, commencing on the date that Lessor takes possession of the Premises as set forth in Article 6 (the Commencement Date"). Lessee shall be entitled to extend the Term for two(2)additional periods of thirty (30) years (a "Renewal Term"). A Renewal Term shall be automatic unless Lessee delivers written notice to the contrary to the City prior to the expiration of any Term. ARTICLE 4 RENT 4.1 Commencing on the Commencement Date, as rental for the lease of the Premises, FH Quantum shall pay to the City, at the City's address set forth in this Lease, or at such other place as the City may from time to time designate in writing, rent in the amount of Ten Dollars 10.00)per year(the"rent"),payable in advance on the first day of each calendar year occurring from and after the Lease Date, and continuing during the Term, and the Renewal Term (if applicable) of this Lease, until the expiration or termination of this Lease pursuant to the terms hereof. If the Commencement Date shall occur on a date other than the first day of a calendar year, then FH Quantum shall pay rent for such fractional calendar year on a per diem basis calculated on the basis of a three hundred sixty-five (365) day year) payable on or before the Commencement Date. 4.2 FH Quantum shall not be required to pay any security deposit under this Lease,nor shall FH Quantum have any other monetary obligations,other than the obligation of FH Quantum to pay rent as set forth in this Lease. Notwithstanding the aforementioned provision, in the event the Premises or any portion thereof is assessed for ad valorem real property taxes or subject to any special assessment during the Term or the Renewal Term (if applicable), FH Quantum shall be responsible to pay the real property tax or special assessment within thirty (30) days of FH Quantum's receipt of the tax bill or special assessment statement. The City authorizes FH Quantum to contest any assessment of real estate taxes on behalf of the City,with respect to which contest: (i) the City will cooperate and execute and deliver any documents requested by FH Quantum as may be reasonably required by FH Quantum in respect of processing and 2- Page 174 of 651 implementing any such contest; and (ii) FH Quantum shall realize the economic benefits of any such contest,which results in a reduction in assessment and/or taxes (whether or not FH Quantum has already paid any tax which is subsequently reduced). ARTICLE 5 WARRANTIES OF TITLE AND QUIET POSSESSION 5.1 Lessor covenants that Lessor is seized of the Premises in fee simple and has full right to make and enter into this Lease and that Lessee shall have quiet and peaceable possession of the Premises during the term of this Lease,subject only to:(a)those matters described in Exhibit B";and(b)the limitation as to non-exclusive parking spaces as set forth in this Article 5. Lessee acknowledges that neither of the aforesaid matters interfere with or otherwise limit the FH Quantum Use. 5.2 The City intends to develop a public park (the "Public Park") on certain real property located in close proximity to the Premises. Upon completion of the Public Park by the City, Lessee shall make available the parking spaces within the Premises for use by the general public on the following basis: (a)between the weekday hours of 7 AM to 6 PM,ten percent(10%) of the parking spaces shall be available for the use by the general public and ninety percent(90%) of the parking spaces shall be exclusive to the Lessee; and (b) at all other times ninety percent 90%) of the parking spaces shall be available for the use by the general public and ten percent 10%)of the parking spaces shall be exclusive to the Lessee. For the purposes of determining the exclusivity above,the following shall apply: (x)the parking by the general public shall be limited to those individuals parking vehicles for their use of the Public Park; and (y) the term "workday" shall mean every Monday through Friday of each week of the year except for those holidays nationally designated as U.S. Federal holidays on the calendar recognized by the United States Congress annually. ARTICLE 6 DELIVERY OF POSSESSION 6.1 FH Quantum may, commencing as of the Lease Date through the date that is thirty 30) days following the Lease Date (the "Due Diligence Period"), personally or through others, make such inspections, tests and investigations of the Premises (including, by way of example only and not by way of limitation, title, survey, borings and physical samplings, engineering studies, environmental audits, determination of utility locations, soil tests, etc.) as FH Quantum deems necessary or advisable in FH Quantum's sole and absolute discretion to determine the suitability of the Premises for the FH Quantum Use as hereinafter defined(the"Due Diligence"or Inspections"). If FH Quantum determines that it is not satisfied with the Premises for any reason or no reason whatsoever in FH Quantum's sole and absolute discretion, then FH Quantum may, upon written notice to the City, terminate this Lease at any time prior to the expiration of the Inspection Period. Anything herein to the contrary notwithstanding, FH Quantum may forego all or any portion of the Due Diligence Period and declare that the Commencement Date has commenced. 3- Page 175 of 651 6.2 Lessee shall secure such evidence of title as is satisfactory to Lessee and, at the expense of Lessee, cause an examination of such evidence of title to be performed prior to the end of the Due Diligence Period. It is understood and agreed that should such evidence of title or its examination reveal defects or deficiencies in the title to the Property that would render leasehold title to the Property uninsurable by a responsible title company at regular rates, or impede or limit the FH Quantum Use, then in such event, Lessee shall notify City of such defects or deficiencies, and City shall have the option of curing same and closing of this transaction shall be postponed until such deficiencies or defects are cured, but in no event shall closing be postponed for more than thirty(30)days. In the event City elects not to attempt to cure such title defects or deficiencies, or is unable to cure such title defects or deficiencies, then it shall notify Lessee within ten (10) days after receipt of notice of such defect or deficiencies. In such event, Lessee shall have the option of either accepting the leasehold title as it then is and commencing rent,or,in the alternative, Lessee shall have the option of declaring this Agreement canceled by written notice to City, and each party shall be relieved of any further obligations hereunder. 6.3 Attached hereto as Exhibit"C" is the survey of the Park Side Lot(the"Survey"). Within ten(10)days after the Lease Date,FH Quantum may cause the Survey to be updated at FH Quantum's sole cost and expense. The Survey shall be certified to the City and FH Quantum. If the Survey shows an encroachment or if the Survey shows a defect which would affect the FH Quantum Use, then within Due Diligence Period, FH Quantum may terminate this Lease as set forth in this Article 6. 6.4 FH Quantum shall submit to the City Design Development Drawings for the FH Quantum Use on the Park Side Lot prior to the end of the Due Diligence Period. The Design Development Drawings shall include but not be limited to a graphic depiction of the parking lot, ingress/egress, open space and other improvements normal and customary for a surface parking lot. The Design Development Drawings shall include a"pad"for public toilet facilities. Anything herein to the contrary notwithstanding, any cost and expense for the installation of public toilet facilities on the pad shall be the obligation and responsibility of the City,including,but not limited to,the cost of any utilities to service such public toilet facilities. 6.5 Upon submission to the City of the Design Development Drawings, the City shall commence a review of all information provided therein. Such Design Development Drawings shall be reviewed and processed by the City pursuant to those ordinances relating to expedited permitting,namely Ordinance No. 19-025 and those ordinances relating to administrative approval of a site plan, namely Ordinance No. 19-034. The City has reviewed proposed Design Development Drawings prior to the Lease Date and based upon such review, has concluded that both ordinances would apply and the FH Quantum Use is feasible. 6.6 Lessor promises to deliver possession of the Premises to Lessee on the later of: thirty (30) days after the end of the Due Diligence Period or one (1) day after approval of the Design Development Drawings, such date being the Commencement Date of the Lease. 4- Page 176 of 651 6.7 The parties acknowledge that the submission by FH Quantum of the Design Development Drawings and approval of the Development Drawings by the City constitute a Condition Precedent to the Commencement Date of Lease. 6.8 At such times as City and FH Quantum may mutually agree prior to Commencement Date, City shall provide to FH Quantum or to its employees, agents, and contractors: (i) reasonable access to the Premises and to the books, records, and personnel of City relating thereto for the purpose of making any surveys, inspections, or investigations permitted by this Lease; and (ii) such information regarding the Premises as FH Quantum or its employees,agents,and contractors may reasonably request. Further,the City shall provide access to the Premises commensurate to the completion of,and which will allow for,the matters set forth in Article 7 to be carried out and completed in accordance with the terms hereof. ARTICLE 7 INSPECTIONS AND INVESTIGATIONS 7.1 FH Quantum, at its sole expense, shall have the right to perform such inspections and investigations on or with respect to the Premises as FH Quantum shall deem to be reasonably necessary or desirable in order to determine the existence of any facts or conditions with respect to the Premises that could adversely affect its suitability for the FH Quantum Use or impose any unintended liability on FH Quantum as the Lessee thereof under any law. Such inspections and investigations may address, without limitation, the following matters: (i) the availability of utilities and of permits, licenses, variances, and other governmental approvals necessary for the development and use of the Premises; (ii) the physical characteristics of the Premises; and iii) the compliance of the Premises with environmental,zoning, subdivision,or other laws. If FH Quantum shall determine,in its sole discretion,that any facts or conditions exist with respect to the Premises that render the Premises unsuitable for its intended use or that could impose unintended liability on FH Quantum as the owner thereof, then, on or before the expiration of the Due Diligence Period, FH Quantum may deliver written notice to City either: (a) electing to terminate this Lease with no further liability to either party; or (b) describing the conditions of the Premises that render the Premises unsuitable for FH Quantum Use or which can impose unintended liability on FH Quantum, in which case, upon receipt of such notice, the City may elect either: (1)to terminate this Lease with no further liability to either party; or(2)within thirty 30)days after receipt of FH Quantum's notice, cure such conditions to FH Quantum's reasonable satisfaction. ARTICLE 8 CONSTRUCTION 8.1 After the end of the Due Diligence Period, City grants the right to FH Quantum to remove fill from such areas as designated by the Premises in the event the City has not already done so. Such fill removed shall be at FH Quantum's cost and expense. Pursuant to those ordinances relating to expedited permitting, namely Ordinance No. 19-025, the City shall review the permits necessary to allow for removal and relocation of the fill with all reasonable speed so as to allow such removal and relocation to occur timely. 5- Page 177 of 651 8.2 After the end of the Due Diligence Period, the City shall remove such vegetation, including trees, which are required to be saved in accordance with approved mitigation requirements as disclosed in the Design Development Drawings. Such removal of vegetation, including trees, shall be at the sole cost and expense of the City. Pursuant to those ordinances relating to expedited permitting, namely Ordinance No. 19-025, the City shall review the permits necessary to allow for the removal and relocation of the vegetation, including trees, with all possible speed so as to allow such removal and relocation to occur timely. 8.3 After the end of the Due Diligence Period, FH Quantum shall submit a grubbing and foundation permit for the Park Side Lot pursuant to the Design Development Drawings. Pursuant to those ordinances relating to expedited permitting namely Ordinance No. 19-025, the City shall review the permits necessary to allow for the grubbing and construction of the foundation on the Park Side Lot with all reasonable speed so as to allow such grubbing and foundation construction to occur immediately upon closing. 8.4 After the Commencement Date, FH Quantum shall construct the improvements on the Park Side Lot pursuant to the approved Design Development Drawings except as to public toilet facilities as described in Article 6. The construction shall be completed by the later of: (a) one (1) year after final approval of the Design Development Drawings by the City or(b) two (2) years after the Commencement Date. In connection with the design and construction of the Park Side Lot,FH Quantum shall be responsible for all supervision and construction. The parties agree that no utility facilities are necessary to allow for the FH Quantum Use except irrigation for landscaping and the City has no knowledge of any utility easements or utility improvements within the Premises. Accordingly, except for irrigation for landscaping, any cost and expenses for the installation of utilities, such as but not limited to sewer, potable water and lighting, shall be the obligation of the City. 8.5 In the event that FH Quantum does not complete the improvements described in Section 8.4 on the Park Side Lot by the later of(a) one year after final approval of the Design Development Drawing by the City or(b)two years after the commencement date,then Lease shall automatically end, FH Quantum shall vacate and return possession of the Premises to the City. 8.6 FH Quantum shall be given the right for obtaining any and all required permits and licenses which may be required for such signs on the Park Side Lot after the Commencement Date, so long as all signs shall be in full compliance with all city codes and ordinances. 8.6 The City hereby grants such temporary rights to FH Quantum to go on the Premises and carry out such portions of Article 8 as are applicable after the end of the Due Diligence Period and up to and through the Commencement Date. 6- Page 178 of 651 ARTICLE 9 ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST Lessee may encumber by mortgage,or other instrument,its leasehold interest and estate in the Premises, together with all buildings and improvements owned or placed by Lessee on the Premises, as security for any indebtedness of Lessee. ARTICLE 10 SUBLETTING AND ASSIGNMENT Lessee may not sublease, assign or transfer this Lease, or any part of the Premises, or any interest in this Lease without the prior, express, and written consent of Lessor. ARTICLE 11 NOTICES In order for a notice to a party to be effective under this Lease, notice must be (i) personally delivered with receipt thereof, (ii) sent via U.S. first-class mail with receipt thereof,or iii) via e-mail to the addresses listed below with request for electronic receipt from receiving party. Notice shall be effective upon delivery, mailing or email so long as receipt is requested. The addresses for notice shall remain as set forth herein unless and until changed by providing notice of such change in accordance with the provisions of this Article 11. FH Quantum: Managing Member FH Quantum LLC Address: do Joshua W. Schrager 200 South Park Road, Suite 425 Hollywood, FL 33021 Email: josh@lienbase.com with a copy to: Michael S. Weiner, Esq. Sachs Sax Caplan, PL 6111 Broken Sound Parkway NW, Suite 200 Boca Raton, FL 33487 Email: mweiner@ssclawfirm.com For the City: Lori LaVerriere City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 7- Page 179 of 651 Email: LaVerriereL@bbfl.us with a copy to: James Cherof, Esq. City Attorney's Office City of Boynton Beach 3099 E. Commercial Blvd. Ft. Lauderdale, FL 33308 Email: jcherof( gorencherof.com ARTICLE 12 UTILITIES Lessor shall fully and promptly pay all water, gas, heat, light, power, telephone service, and other public utilities of every kind furnished to the Premises throughout the term of this Lease, and all other costs and expenses of every kind whatsoever of or in connection with the use, operation, and maintenance of the Premises and all activities conducted on the Premises, and Lessor shall have no responsibility of any kind for any such utilities. ARTICLE 13 REPAIRS AND DESTRUCTION OF IMPROVEMENTS 13.1 Except as otherwise provided,Lessor shall,during the term of this Lease,at its own cost, and without any expense to Lessee, keep and maintain the Premises, including all improvements of every kind that may be a part of the Premises, and all appurtenances to the Premises,including sidewalks adjacent to the Premises,in good,sanitary,and neat order,condition and repair, and Lessor shall, except as specifically provided in this Lease, restore and rehabilitate any improvements of any kind that may be destroyed or damaged by fire, casualty, or any other cause whatsoever. 13.2 Lessee shall not be obligated to make any repairs,replacements,or renewals of any kind, nature, or description, whatsoever to the Premises or any buildings or improvements on the Premises unless attributable to the negligence of Lessee or any of its employees, agents, representatives or invitees. 13.3 In case of damage to or destruction of any such improvement, Lessor shall, at its own expense, promptly repair and restore same to a condition as good or better than that which existed prior to the damage or destruction. ARTICLE 14 MAINTENANCE AND APPEARANCE OF PREMISES Lessor, at its expense, shall maintain the parking area, landscaping, and all other parts of the Premises visible from the surrounding streets in a condition consistent with the surrounding area. Lessor shall also pay all fees due any owners' or similar association within which the Premises may be located. 8- Page 180 of 651 ARTICLE 15 INDEMNIFICATION TO LESSOR Lessor shall not be liable for any loss, injury, death, or damage to persons or property that at any time may be suffered or sustained by Lessee or by any person whosoever may at any time be using or occupying or visiting the Premises or be in, on, or about the Premises, whether the loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of Lessee or of any occupant, subtenant, visitor, or user of any portion of the Premises, or shall result from or be caused by any other matter or thing whether of the same kind as or of a different kind than the matters or things above set forth. Lessee shall indemnify Lessor against any and all claims, liability, loss, or damage whatsoever on account of any such loss,injury,death,or damage. Lessee waives all claims against Lessor for damages to the building and improvements that are now on or hereafter placed or built on the Premises or about the Premises, and or injuries to persons or property in or about the Premises, from any cause arising at any time. The two preceding sentences shall not apply to loss, injury, death, or damage to persons or property arising by reason of the negligence or misconduct of Lessor, its agents, or employees. ARTICLE 16 ATTORNEY FEES If any action at law or in equity shall be brought to recover any rent under this Lease, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions of this Lease, or for the recovery of the possession of the Premises,the prevailing party shall be entitled to recover from the other party all costs associated therewith and a reasonable attorney fee, the amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. ARTICLE 17 RE-DELIVERY OF PREMISES Lessee shall pay the rent and all other sums required to be paid by Lessee under this Lease in the amounts, at the times, and in the manner provided in this Lease, and shall keep and perform all the terms and conditions on its part to be kept and performed. At the expiration or earlier termination of this Lease, Lessee shall peaceably and quietly quit and surrender to Lessor the Premises in good order and condition subject to ordinary wear and tear and to the other provisions of this Lease. ARTICLE 18 REMEDIES CUMULATIVE All remedies conferred on Lessor and Lessee in this Lease shall be deemed cumulative and no one exclusive of the other,or of any other remedy conferred by law. 9- Page 181 of 651 ARTICLE 19 INSURANCE Lessee shall maintain in effect throughout the term of this Lease personal injury liability insurance covering the Premises for injury to or death of any number of persons. Lessee shall pay all of the premiums for insurance and deliver policies or certificates of insurance to Lessor. In spite of anything to the contrary contained in this Article 19, Lessee's obligations to carry the insurance provided for in this Article 19 may be brought within the coverage of a so-called blanket policy or policies of insurance carried and maintained by Lessee. ARTICLE 20 NOTICE OF DEFAULT On the occurrence of an Event of Default as described in Article 21, including, but not limited to, a failure of Lessee to timely perform the obligations of Section 8.5, Lessee shall not be deemed to be in default under this Lease unless Lessor shall first give to Lessee written notice of the default, and Lessee fails to cure the default within ten (10) days after receiving the written notice. If Lessor fails to cure such defaults within the ten (10)day cure period, then Lessee shall have the remedies set forth in Article 22. ARTICLE 21 EVENT OF DEFAULT BY LESSEE If Lessee shall fail in its performance of any of the other terms, conditions and covenants of this Lease or otherwise is in breach of this Lease, such event shall be an Event of Default. If Lessee is in default as provided in this Article 21, after notice to Lessee as required by Article 20, and failure of Lessee to cure,then, Lessor, in addition to any other rights or remedies it may have at law or equity, shall have the right to terminate the Lease and reenter the property and may remove all persons and property from the Premises subject to any applicable state regulation, and without limitation to the above remedy, specific reference is made to Section 8.5. Should Lessor elect to re-enter, as provided in this Lease, or should it take possession pursuant to legal proceedings or pursuant to any notice provided for by law, Lessor may terminate this Lease and accelerate all payments of rent, additional rent, or any other monies due from Lessee for the remainder of the lease term to become immediately due. No re-entry or taking possession of the Premises by Lessor shall be construed as an election on the part of Lessor to terminate this Lease unless a written notice of such intention is given to Lessee or unless the termination of this Lease is decreed by a court of competent jurisdiction. Notwithstanding any re-letting without termination, Lessor may recover from Lessee all damages incurred by reason of the breach, including the costs of recovering the Premises. ARTICLE 22 EFFECT OF EMINENT DOMAIN In the event of a total or partial taking of the Premises by eminent domain,then in any such condemnation proceedings, Lessee shall be free to make claim against the condemning or taking 10- Page 182 of 651 authority for the amount of any damage done to them, respectively, as a result of the condemning or taking. ARTICLE 23 DISPOSITION OF IMPROVEMENTS ON TERMINATION OF LEASE On termination of this Lease for any cause, Lessor shall become the owner of any improvements located on the Premises. ARTICLE 24 ANTI-TERRORISM REPRESENTATION AND WARRANTY 24.1 Lessee represents and warrants that they nor the officers and directors controlling Lessor and Lessee, respectively, are acting, directly or indirectly, for or on behalf of any person, group,entity,or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person,or for or on behalf of any person,group,entity,or nation designated in Presidential Executive Order 13224 as a person who commits,threatens to commit,or supports terrorism; and that they are not engaged in this transaction directly or indirectly on behalf of, or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity or nation. 24.2 Lessee represents that the execution of this Agreement will not violate the Public Entity Crime Act, Section 287.133, Florida Statutes, 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 certain limits, all as provided in Section 287.017, Florida Statutes. ARTICLE 25 WAIVER Lessor and Lessee 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 Lease, and that each is, therefore, a material term hereof. A failure by either party to enforce any provision of this Lease shall not be deemed a waiver of such provision or modification of this Lease. A waiver of any breach of a provision of this Lease shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Lease. 11- Page 183 of 651 ARTICLE 26 EFFECT OF LESSEE'S HOLDING OVER Any holding over after the expiration of the term of this Lease,with the consent of Lessor, shall be construed to be a tenancy from month-to month, at the same monthly rental as required to be paid by Lessee for the period immediately prior to the expiration of the term of this Lease and shall otherwise be on the terms and conditions specified in this Lease, so far as applicable. ARTICLE 27 PARTIES BOUND The benefits and obligations of the covenants herein shall inure to and bind the respective heirs, personal representatives, successors, and assigns (where assignment is permitted) of the parties hereto. Whenever used, the singular number shall include the plural, the plural shall include the singular, and the use of any gender shall include all genders. ARTICLE 28 TIME OF THE ESSENCE Time is of the essence for this Lease, and of each and every covenant,term, condition, and provision of this Lease. ARTICLE 29 GOVERNING LAW This Agreement shall be interpreted and construed in accordance with and governed by the laws of the State of Florida. All parties acknowledge and accept that jurisdiction of any controversies or legal problems arising out of this Lease, and any action involving the enforcement or interpretation of any rights and/or hereunder, shall be exclusively in the state courts for the Judicial Circuit in Palm Beach, Florida, and venue for litigation arising out of this Agreement shall be exclusively in such state courts. BY ENTERING INTO THIS AGREEMENT,LESSEE AND LESSOR HEREBY EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATION RELATED TO THIS AGREEMENT. ARTICLE 30 ENTIRE AGREEMENT 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. 12- Page 184 of 651 ARTICLE 31 MODIFICATION OF AGREEMENT 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 Lessee or others delegated authority to or otherwise authorized to execute same on their behalf. ARTICLE 32 DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH HEREIN, LESSEE IS LEASING THE PREMISES "AS IS" AND "WHERE IS," AND WITH ALL FAULTS. CITY IS MAKING NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE,WITH RESPECT TO THE QUALITY, PHYSICAL CONDITION, OR VALUE OF THE PROPERTY,THE INCOME OR EXPENSES FROM THE PROPERTY,OR THE COMPLIANCE OF THE PREMISES WITH APPLICABLE BUILDING OR FIRE CODES OR OTHER LAWS OR REGULATIONS. WITHOUT LIMITING THE FOREGOING, CTY MAKES NO WARRANTY OF HABITABILITY, SUITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. CITY IS NOT LIABLE OR BOUND BY ANY GUARANTEES, PROMISES, STATEMENTS, REPRESENTATIONS, OR INFORMATION PERTAINING TO THE PROPERTY MADE OR FURNISHED BY ANY REAL ESTATE AGENT, BROKER, EMPLOYEE, SERVANT, OR OTHER PERSON REPRESENTING OR PURPORTING TO REPRESENT CITY, EXCEPT AS AND TO THE EXTENT EXPRESSLY SET FORTH HEREIN. ARTICLE 33 MISCELLANEOUS 33.1 FH Quantum and City hereby represent and warrant that each has not dealt with a real estate broker pursuant to the transaction herein. 33.2 This Agreement shall not be effective or binding upon any of the parties hereto until it is approved and executed by the person or persons with authority to approve and sign this Agreement on behalf of each party. 33.3 Neither Lessor nor Lessee intends to directly or substantially benefit a third party by this Lease. Therefore, the parties agree that there are no third party beneficiaries to this Lease and that no third party shall be entitled to assert a right or claim against either of them based upon this Lease. 33.4 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. 33.5 Each party agrees that it will without further consideration execute and deliver such other documents and take such other action, as may be reasonably requested by the other 13- Page 185 of 651 party to consummate more effectively the purposes or subject matter of this Lease. Without limiting the generality of the foregoing, either party shall,if requested by the other party, execute acknowledgments of receipt with respect to any materials delivered by either of the parties to the other party with respect to the Premises. 33.6 Each party and its counsel have participated fully in the review and revision of this Lease and acknowledge that the preparation of this Lease 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 Lease shall be interpreted as to its fair meaning and not strictly for or against any party. 33.7 Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities,may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your City public health unit. 33.8 The truth and accuracy of each "Whereas" clause set forth above is acknowledged by the parties. The attached Exhibit "A", Exhibit "B" and Exhibit"C" are incorporated into and made a part of this Agreement. 33.9 Each individual executing this Lease on behalf of a party hereto does hereby represent and warrant that he or she is, on the date he or she signs this Lease, duly authorized by all necessary and appropriate action to execute this Lease on behalf of such party. 33.10 This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of which shall constitute one agreement. Electronic signatures shall be deemed originals. SIGNATURES APPEAR ON IMMEDIATELY FOLLOWING PAGE] 14- Page 186 of 651 IN WITNESS WHEREOF, the parties hereto have made and executed this Ground Lease Agreement on the respective dates: City, through its Mayor, authorized to execute same by City Commission action on the 15th day of October, 2019, and FH Quantum, signing by and through its duly authorized to execute same. Tammy L. StanzIoi e3 Mayor WITNESS—PRINT NAME 10/ 31/41a/9 Date: OpiL SHAYLA ELLIS 0 WITNESS —PRINT NAME ATTEST: Approved as to form and legal sufficiency: Cry al Gibson, MMC City Clerk ity t orney Z-0/31) z31/ ao!9 io ..4 ici Datil Date: DEVELOPER: FH Qua -C WITNES ;S: 1 Print Na e: j___vwi i c-Print Na e:3 , ' r`"' Title:M ,- Print NJ e: -1-4:" 40#* Se- tIt-h --eft- 10 Day of IJ t1 4 4i-1-> k/ 2019 15- Page 187 of 651 EXHIBIT "A" Legal Description) 16- Page 188 of 651 EXHIBIT "A" DESCRIPTION: A PORTION OF LOT 93, QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 60 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, LORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 93; THENCE, ALONG THE WEST LINE OF SAID LOT 93 AND THE EAST LINE OF TRACT "B" (QUANTUM BOULEVARD) OF QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 2 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 57 AT PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, NORTH 40'09'21" WEST, A DISTANCE OF 400.00 FEET; THENCE, DEPARTING SAID WEST LINE OF LOT 93 AND EAST LINE OF TRACT "B", NORTH 49'50'39" EAST, A DISTANCE OF 420.00 FEET; THENCE SOUTH 89'24'17" EAST, A DISTANCE OF 390.81 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID LOT 93; THENCE, ALONG SAID EAST LINE OF LOT 93, SOUTH 00'35'43" WEST, A DISTANCE OF 303.02 FEET; THENCE, DEPARTING SAID EAST LINE OF LOT 93, NORTH 89'24'17" WEST, A DISTANCE OF 129.70 FEET TO THE NORTH CORNER OF LOT 32 OF SAID QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO. 3 AND A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 93; THENCE, ALONG SAID SOUTH LINE OF LOT 93, SOUTH 49'50'39" WEST, A DISTANCE OF 420.00 FEET TO THE POINT OF BEGINNING. CONTAINING 246,863 SQUARE FEET OR 5.6672 ACRES, MORE OR LESS. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. LEGEND/ABBREVIATIONS L - CENTERLINE PG. - PAGE U.E. - UTILITY EASEMENT FPL - FLORIDA POWER & LIGHT COMPANY POB - POINT OF BEGINNING 8 - LICENSED BUSINESS QC - QUANTUM COMMUNICATIONS, INC. B. - PLAT BOOK SB - SOUTHERN BELL NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N49'50'39"E ALONG SOUTH LINE OF SECTION 15, TOWNSHIP 46 SOUTH, RANGE 42 EAST, RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. 6. RECORDING INFORMATION SHOWN HEREON IS OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 9, 2019. I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTE 472.027. SHEET 1 OF 2 CAU LFI ELD Sc WHEELER, INC. DATE 09/09/19 CIVIL ENGINEERING - LAND SURVEYING Q Q 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750--1452 F.B./ PG. NONEDAVIDP. LINDLEY REGISTERED LAND QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 SURVEYOR NO. 5005 SCALE NONE PORTION OF LOT 93 STATE OF FLORIDA SKETCH OF DESCRIPTION LB# 3591 JOB NO. 8678 EP2 Page 189 of 651 EXHIBIT"B" Title Exceptions) 17- Page 190 of 651 EXHIBIT B Restrictions, dedications and easements set forth on Quantum Park at Boynton Beach, P.I.D. Plat No. 2 recorded in Plat Book 57, Page 184 , as affected by Assignment of Reservations to Quantum Community Development District recorded March 9, 1994 in Official Records Book 8158, Page 1324 and the Assignment of Reservations, Restrictions, Dedications and Easement Rights to Quantum Park Overlay Dependent District recorded July 29, 2008 in Official Records Book 22781 Page 1704 . 1. Matters set forth in Ordinance No. 84-51 of the City of Boynton Beach, as evidenced by the Notice of Adoption of Development Order recorded May 2, 1985 in Official Records Book 4534, Page 1728 , together with the Notices of Modification of Adopted Development Order recorded in Official Records Book 4965, Page 619 , Official Records Book 5090, Page 510 and Official Records Book 5584, Page 1273 and the Notices of Amendment to Quantum Park DRI Development Order recorded in Official Records Book 9679, Page 532 , Official Records Book 10072, Page 1926 , Official Records Book 11378, Page 1831 Official Records Book 11837, Page 1925 , Official Records Book 13572, Page 1582 , Official Records Book 17888,.Page 614 , Official Records Book 18382, Page 412, Official Records Book 18382, Page 1465 and Official Records Book 21363, Page 705 . 3 Terms, covenants, conditions, restrictions and easements created by and set forth in the Declaration of Protective Covenants of Quantum Park at Boynton Beach recorded October 15, 1987 in Official Records Book 5450, Page 1105 ; as amended in Official Records Book 6393, Page 218 , and as affected by the Assignment of Rights of Declarant, Appointment and Approval recorded in Official Records Book 10540, Page 61 and the Amendment to Assignment of Rights of Declarant, Appointment and Approval recorded in Official Records Book 10582, Page 1256 ; including, but not limited to, provisions for private charges or assessments and liens for liquidated damages; but omitting any covenant or restriction based on race, color, religion, sex, handicap, familial status or national origin unless and only to the extent that said covenants: (a) is exempt under Chapter 42, Section 3607 of the United States Code; or(b) relates to handicap, but does not discriminate against handicapped persons. Matters set forth in the Notice of Establishment of the Quantum Park Overlay Dependent District recorded March 6, 2006 in Official Records Book 20011, Page 7 . y.Matter set forth in the Notice of Environmental Resource Or Surface Water Management Permit recorded in Official Records Book 24323, Page 1592 . 6.Matters set forth in the Interlocal Agreement for Transfer, Acceptance and Cooperation between Quantum Community Development District and Quantum Park Overlay Dependant District recorded in Official Records Book 27293, Page 712 . Page 191 of 651 EXHIBIT"C" Survey) 18- Page 192 of 651 EXHIBIT "C." S8924'17"E 390.81' LOT 93 10' U.E. (P.B. 60, PG. 29) -1 QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 CO M P.B. 60, PAGE 29) 0• o CV F- oJ M o 4) I 3 Q cr) rnm nt o o in ALOT 193ON OF LLJ cozoZoco J (n QUANTUM PARK AT BOYNTON w DoT BEACH, P.I.D. PLAT NO 3 a 9, P.B. 60, PAGE 29) z yV N89'24'17"W a Vs. 129.70' 4o LOT 93 4 cc 0 to I- X off OrS 4 s F c m. 5 4',0 \ A,, 8,9 50‘tia\ e ¢ \ lk l b FQQPv LOT 32rg' \ ' o \ J. o, mS', y, s A4 \\ !- I / 0O \` / ` 0' QUANTUM BEACH, P. II. RK AT. D. PLAT NOB3OYNTON r q q r \ 5 C P.B. 60, PAGE 29) Aq4 Q*,44 \ o G 9^ o ql•619c), P 9 lgJ P EP` i LOT 33 11\ 0 50 100 I 0 STH GRAPHIC( IN SCALE FEET)SHEET 2 OF 2 CAUL FI ELD Sc WHEELER, INC. DATE 09/09/19 CIVIL ENGINEERING - LAND SURVEYING if 7900 GLADES ROAD - SUITE 100 DRAWN BY DLS BOCA RATON, FLORIDA 33434 PHONE (561)-392-1991 / FAX (561)-750-1452 F.B./ PG. NONE QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 SCALE 1"=100' PORTION OF LOT 93 SKETCH OF DESCRIPTION JOB NO. 8673 EP2 Page 193 of 651 7900 GLADES ROAD - SUITE 100 PHONE (561)-392-1991 / FAX (561)-750-1452 BOCA RATON, FLORIDA 33434 CIVIL ENGINEERING - LAND SURVEYING CAULFIELD & WHEELER, INC. JOB NO. F.B./ PG. SCALE DRAWN BY DATE 09/09/19 8678 EP2 NONE NONE DLS SHEET 1 OF 2 EXHIBIT "A" DESCRIPTION: A PORTION OF LOT 93,QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 60 AT PAGE 29 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 93;THENCE,ALONG THE WEST LINE OF SAID LOT 93 AND THE EAST LINE OF TRACT "B"(QUANTUM BOULEVARD)OF QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO. 2 ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 57 AT PAGE 184 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,NORTH 40°09'21"WEST,A DISTANCE OF 400.00 FEET;THENCE,DEPARTING SAID WEST LINE OF LOT 93 AND EAST LINE OF TRACT "B",NORTH 49°50'39"EAST,A DISTANCE OF 420.00 FEET; THENCE SOUTH 89°24'17"EAST,A DISTANCE OF 390.81 FEET TO A POINT OF INTERSECTION WITH THE EAST LINE OF SAID LOT 93;THENCE,ALONG SAID EAST LINE OF LOT 93,SOUTH 00°35'43"WEST,A DISTANCE OF 303.02 FEET;THENCE,DEPARTING SAID EAST LINE OF LOT 93,NORTH 89°24'17"WEST,A DISTANCE OF 129.70 FEET TO THE NORTH CORNER OF LOT 32 OF SAID QUANTUM PARK AT BOYNTON BEACH,P.I.D.PLAT NO.3 AND A POINT OF INTERSECTION WITH THE SOUTH LINE OF SAID LOT 93;THENCE,ALONG SAID SOUTH LINE OF LOT 93,SOUTH 49°50'39" WEST, A DISTANCE OF 420.00 FEET TO THE POINT OF BEGINNING. CONTAINING 246,863 SQUARE FEET OR 5.6672 ACRES, MORE OR LESS. SAID LANDS SITUATE IN THE CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS-OF-WAY OF RECORD. NOTES: 1.REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH A SURVEYOR'S SEAL. 2.LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS-OF-WAY,EASEMENTS,OWNERSHIP,OR OTHER INSTRUMENTS OF RECORD. 3.BEARINGS SHOWN HEREON ARE RELATIVE TO A GRID BEARING OF N49°50'39"E ALONG SOUTH LINE OF SECTION 15,TOWNSHIP 46 SOUTH,RANGE 42 EAST,RELATIVE TO THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, NORTH AMERICAN DATUM OF 1983 (1990 ADJUSTMENT). 4.THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5.DATA SHOWN HEREON WAS COMPILED FROM INSTRUMENTS OF RECORD AND DOES NOT CONSTITUTE A BOUNDARY SURVEY AS SUCH. 6.RECORDING INFORMATION SHOWN HEREON IS OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON SEPTEMBER 9,2019.I FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE STANDARDS OF PRACTICE SET FORTH IN CHAPTER 5J-17 ADOPTED BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTE 472.027. LB# 3591 SURVEYOR NO. 5005 REGISTERED LAND DAVID P. LINDLEY STATE OF FLORIDA FPL - FLORIDA POWER & LIGHT COMPANY LEGEND/ABBREVIATIONS P.B. - PLAT BOOK POB - POINT OF BEGINNING PG. - PAGEL - CENTERLINE C QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 PORTION OF LOT 93 SKETCH OF DESCRIPTION SB - SOUTHERN BELL LB - LICENSED BUSINESS QC - QUANTUM COMMUNICATIONS, INC. U.E. - UTILITY EASEMENT Page 194 of 651 Q U A N T U M B O U L E V A R D T R A C T " B " ( 1 0 0 ' P R I V A T E R I G H T - O F - W A Y ) ( P . B . 5 7 , P A G E 1 8 4 ) LOT 32 TRACT "J"C L 15' U.E., FPL, SB, & QC UNDERGROUND ESMT.(P.B. 60, PAGE 29)LOT 93 Q U A N T U M P A R K A T B O Y N T O N B E A C H , P . I . D . P L A T N O 2 (P . B . 5 7 , P A G E 1 8 4 ) W A T E R M A N A G E M E N T T R A C T " I " E L I N E T R A C T " B " W L I N E L O T 9 3 50'A PORTION OF S49°50'39"W420.00'N89°24'17"W 129.70' N 4 0 ° 0 9 ' 2 1 " W 4 0 0 . 0 0 ' 1 5 ' U . E . , F P L , S B , & Q C U N D E R G R O U N D ES M T . ( P . B . 5 7 , P A G E 1 8 4 )S LINE LOT 93N49°50'39"E420.00'S89°24'17"E 390.81'S00°35'43"W303.02'LOT 93 50'50'50'10' U.E. (P.B. 60, PG. 29) 10' U.E . ( P . B . 6 0 , P A G E 2 9 ) L O T 9 2 LOT 93 POB SW CORNER LOT 93E LINE LOT 93N C O R N E R L O T 3 2 QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 (P.B. 60, PAGE 29) QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 (P.B. 60, PAGE 29) QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 (P.B. 60, PAGE 29)QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3LOT 33 7900 GLADES ROAD - SUITE 100 PHONE (561)-392-1991 / FAX (561)-750-1452 BOCA RATON, FLORIDA 33434 CIVIL ENGINEERING - LAND SURVEYING CAULFIELD & WHEELER, INC. JOB NO. F.B./ PG. SCALE DRAWN BY DATE 09/09/19 8673 EP2 1"=100' NONE DLS SHEET 2 OF 2 EXHIBIT "A" QUANTUM PARK AT BOYNTON BEACH, P.I.D. PLAT NO 3 PORTION OF LOT 93 SKETCH OF DESCRIPTION NORTH (IN FEET) GRAPHIC SCALE 0 10050 Page 195 of 651 Work Request No. 9498856 Sec. , Twp S, Rge E Parcel I.D.08434517090000930 (Maintained by County Appraiser) EASEMENT (BUSINESS) This Instrument Prepared By Name: Co. Name: Address: The undersigned, in consideration of the payment of $1.00 and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, grant and give to Florida Power & Light Company, its affiliates, licensees, agents, successors, and assigns (“FPL”), a non- exclusive easement forever for the construction, operation and maintenance of overhead and underground electric utility facilities (including wires, poles, guys, cables, conduits and appurtenant equipment) to be installed from time to time; with the right to reconstruct, improve, add to, enlarge, change the voltage as well as the size of, and remove such facilities or any of them within an easement described as follows: Reserved for Circuit Court See Exhibit "A" ("Easement Area") Together with the right to permit any other person, firm, or corporation to attach wires to any facilities hereunder and lay cable and conduit within the Easement Area and to operate the same for communications purposes; the right of ingress and egress to the Easement Area at all times; the right to clear the land and keep it cleared of all trees, undergrowth and other obstructions within the Easement Area; the right to trim and cut and keep trimmed and cut all dead, weak, leaning or dangerous trees or limbs outside of the Easement Area, which might interfere with or fall upon the lines or systems of communications or power transmission or distribution; and further grants, to the fullest extent the undersigned has the power to grant, if at all, the rights hereinabove granted on the Easement Area heretofore described, over, along, under and across the roads, streets or highways adjoining or through said Easement Area. IN WITNESS WHEREOF, the undersigned has signed and sealed this instrument on , 20 . Signed, sealed and delivered in the presence of: (Witness' Signature) Print Name: (Witness) (Witness' Signature) Print Name: (Witness) City of Boynton Beach By: Print Name: Print Address: ______________________________________________________________________________________ STATE OF ______________ AND COUNTY OF ______________________. The foregoing instrument was acknowledged before me this ______ day of _________________, 20__, by _________________________________, the ____________________________ of ___________________________ a __________________________________, who is personally known to me or has produced _____________________ as identification, and who did (did not) take an oath. (Type of Identification) My Commission Expires: Notary Public, Signature Print Name Page 196 of 651 6.I . Consent Agenda 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Approve minutes from the City Commission meeting on J une 2, 2020. Explanation of R equest: The City Commission met on J une 2, 2020 and minutes were prepared from the notes taken at the meeting. The Florida S tatutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the C ity of Boynton Beach. How will this affect city programs or services? A record of the ac tions taken by the City C ommission will be maintained as a permanent rec ord. Fiscal Impact: Non-budgeted N/A Alternatives: D o not approve the minutes. Strategic Plan: B uilding W ealth in the Community Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Minutes Minutes 06-02-2020 Page 197 of 651 MINUTES OF THE CITY COMMISSION MEETING HELD ONLINE VIA THE GOTOWEBINAR PLATFORM BOYNTON BEACH, FLORIDA ON TUESDAY, JUNE 2, 2020, AT 5:30 P.M. Steven B. Grant, Mayor Lori LaVerriere, City Manager Ty Penserga, Vice Mayor James Cherof, City Attorney Justin Katz, Commissioner Crystal Gibson, City Clerk Woodrow L. Hay, Commissioner Christina Romelus, Commissioner 1. OPENINGS A. Call to Order Mayor Grant called the meeting to order at 5:30 p.m. John McNally, Information Technology Director, provided information regarding how to participate in the live online meeting. Invocation Commissioner Woodrow L. Hay provided the invocation. Pledge of Allegiance Commissioner Woodrow L. Hay led the Pledge of Allegiance to the Flag. Roll Call City Clerk Gibson called the roll. There was a quorum. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant requested to add a discussion under Legal regarding curfew as item 12-B; also add discussions under City Manager’s Report regarding racial inequity, summer camps and employment opportunity. 2. Adoption Motion Vice Mayor Penserga moved to approve the agenda as amended. Commissioner Katz seconded the motion, which unanimously passed. Page 198 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 2 2. OTHER A. Informational items by Members of the City Commission Commissioner Katz thanked the police and participants of the events, which has taken place in the City of Boynton Beach. He acknowledged the citizens’ rights to express themselves and the Police Department’s facilitation of the residents’ rights to do so. Commissioner Hay said his heart was heavy today because our country is in deep turmoil and chaos, trigged by events such as the pandemic and killing of a citizen. This should anger us as people. Commissioner Hay quoted the Bible, “Be angry but sin not” and challenged our nation to come together with solutions. Commissioner Romelus spoke with Bradley Miller of Miller Land Planning regarding two items on the agenda. Commissioner Romelus shared a prepared speech into the record regarding racism and her personal feelings on the matter being American, Woman and Black. Vice Mayor Penserga indicated he also spoke with Bradley Miller of Miller Land Planning regarding two items on the agenda. Indicated he wants to learn and grow, and to show up for everyone. He attended a protest and it was calm. He was worried how the media was portraying the citizens. Vice Mayor Penserga stated all lives matter. Mayor Grant attended a Hispanic studies class through the Palm Beach County School District on May 20th . He was deposed on May 22nd by the Homing Inn regarding their freedom of speech lawsuit in Federal Court against the City of Boynton Beach. He participated with the American Legion on Memorial Day. On May 26th, he attended a Strategic Planning session. He was looking forward to having a discussion with the City Commission about strategic planning regarding the City of Boynton Beach moving forward. He also attended the National League of Cities. Informed the Commission he has a meeting with congressional leaders June 3rd to discuss the City of Boynton Beach and Federal funding. Attended the BDB Town Hall. Expressed his gratitude to Andre Thaddeus for reaching out to him to have a discussion. Expressed the Commission needs to address change, and pass resolutions and ordinances to help protect our residents, our visitors, businesses, and our tours. Spoke with Boynton Strong to work together. Informed the residents the Boynton Beach Police Department has the tools necessary to monitor social media, and that they are aware of any sort of posting. The police turned away 30 to 40 cars that they felt were looking to cause damage to the City of Boynton Beach. Wanted to commend the Police Department for doing their job and keeping the residents safe. Page 199 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 3 3. Announcements, Community and Special events and Presentations. A. Announcement of June Events by Eleanor Krusell, Public Communications & Marketing Director. Eleanor Krusell, Public Communications & Marketing Director, announced a Drive By at the new Fire Station #1 on June 3, 2020, from Noon until 1pm; the Firefighters will be giving out some goodies. Free play at the links Sunday, June 7th, the first tee-time: 6:55 am. Ms. Krusell stated the golf course was first opened on June 7, 1984. Currently 200 golfers have booked tee time. Saturday June 6th, between 2 pm until 4 pm, the City will celebrate the 75th anniversary of D-Day at Boardwalk Italian Ice and Creamery. The City of Boynton Beach will be distributing 75 flags. The City will be celebrating Flag Day - Sunday, June 14th; the location and time are yet to be determined. Ms. Krusell noted to follow the City of Boynton Beach on Facebook, Twitter, Instagram and Next Door for updates. B. Announce FY 20/21 Budget Workshops dates and times. Mayor Grant announced the fiscal year 20/21 Budget Workshops dates and times. Budget workshops are scheduled to be held July 13-15, 2020 in the Police Station Community Room, 2100 High Ridge Road: Monday July 13, 2020: 5:00 p.m. Tuesday, July 14, 2020: 10:00 a.m. Wednesday, July 15, 2020: 2:00 p.m. The Commission adopts a Preliminary Fire Assessment Resolution and Tentative Millage Rate Resolution at these workshops. C. Proclaim Friday June 5, 2020 as National Gun Violence Awareness Day. Miriam Laing of Moms Demand Action for Gun Sense in American will accept the proclamation Mayor Grant read the proclamation into the record. Miriam Laing of Moms Demand Action for Guns Sense in America, thanked the City of Boynton Beach Commission and the people of Boynton Beach for supporting gun violence awareness. She spoke concerning her personal feeling about recent murders, racism and gun violence. She explained that the mission of Moms Demand Action of Guns Sense in America is to end gun violence, which is linked to a crisis that is centuries older. Page 200 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 4 D. Update on Library by Craig Clark Library Director Craig Clark, Library Director, stated the Library is offering curbside service by appointment and will be discontinued on June 13, 2020. The Library will continue its Virtual Summer Reading Program for Kids and Teens, Virtual Storytime, and our virtual do it yourself craft videos. On July 24th, the digital library will be accessible from the Library webpage. All items which are currently checked out will be due back on August 3rd. Reminded all there are no late fines. 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) Mary Drago spoke about the Miraflor apartments. Concerned about the height of the wall and whether it was concrete. Indicated she sent in a petition to the City Commission and wanted to make sure the petition was received. Requested ideas on how the HOA can protect the pool area from nonresidents. Mayor Grant explained this information would be discussed later in the meeting. Carline Paul new resident of the Boynton Beach indicated her experience has not been positive. Her biggest concern is the corner of SW 5 and Seacrest. After each accident, she must clean up the street. She asked for positive guidance. Mayor Grant understands the frustration. He explained she may need to speak with Mack Bernard her County Commissioner, regarding Seacrest Boulevard. Informed Ms. Paul to speak with the Building Department. Commissioner Romelus stated she forwarded Ms. Paul email to the City Manager as well as Adam Temple, the Community Standards Director. City Clerk Gibson read comments into the record, by Eva Chavez, to establish a citizen police committee and other suggestions (see Attachment “A”). 5. Administrative A. Appoint eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant announced openings for each Board. 6. Consent Agenda Page 201 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 5 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 the accompanying material to become a part of the Public Record and subject to staff comments Commissioner Katz pulled items C Commissioner Hay Pulled Items A and E Mayor Grant pulled item O A. Proposed Resolution No. R20-044 - Authorize Mayor to sign the Locally Funded Agreement between the City of Boynton Beach and Florida Department of Transportation for the design of a complete street and vision zero project of Boynton Beach Boulevard from NW 4th Street to Federal Highway (US-1). Commissioner Hay requested clarification and possibly be shown a picture of the project. His understanding was the CRA would be funding this project. Noted in the backup the City would pay and receive reimbursement from the CRA. Colin Groff, Assistant City Manager, explained this is a Complete Streets Project. This project began several years ago as an initiative of the CRA. Mr. Groff stated “complete streets” means all people could use, whether it is pedestrian, bicyclist, or other forms of transportation. The CRA funded the first phase, which was a 30% design phase. Encouraged Commissioner Hay to meet with CRA staff to review the project and see some photos and rendering of the completed concepts of Complete Streets Project. The CRA will initiate the project, and the City of Boynton Beach will coordinate with Florida Department of Transportation (FDOT) to build the project. The CRA does not build projects, the City does. The City has an interlocal agreement with FDOT. This would be the next phase of the project, to go from the 30% design, to the final design. Commissioner Hay inquired if anything was being done from I-95 to 4th Street. Mayor Grant interjected the City was working with FDOT, redoing that intersection. While the Town Square is being developed, they need not worry about ruining the streets in this area. Commissioner Hay stated Gateway would follow those guidelines. Mayor Grant noted the City does not have a Complete Street ordinance or resolution. However, FDOT is working on a new intersection at Gateway that he believes will come into effect in the next 2 to 3 years. Gateway is not set to be a complete street because the CRA was able to fund the initial phase. If the City wants to move forward with Gateway Boulevard, that would need to be a City initiative. Motion Page 202 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 6 Commissioner Hay moved to approve. Commissioner Romelus seconded the motion, which unanimously passed. B. Proposed Resolution No. R20-045 - Authorize Mayor to sign Interlocal Agreement between the City of Boynton Beach and the Boynton Beach CRA to fund the complete streets design and construction of Boynton Beach Boulevard between NW 4th Street and Federal Highway (US-1). C. Proposed Resolution No. R20-046 - Approve and authorize the City Manager to sign the revised Dog Park Maintenance Agreement between the City of Boynton Beach and Boynton Town Center Master Association, Inc. for the perpetual maintenance of the Joseph Crowder Dog Park, subject to final approval of the City Attorney. Commissioner Katz acknowledge staff, stated the final stage of the Cortina is almost complete. Noted the dog park on the lake is the crown jewel of the area and was not being maintained. The City worked out a deal with the HOA, the City would take over and manage some aspect of the park. This is a great facility. Recognized staff working to make sure it is maintained properly. Motion Commissioner Katz moved to approve. Commissioner Romelus seconded the motion, which passed unanimously. Mayor Grant asked when the dog park would be opened. Andrew Mack, Director of Public Works, announced the park is still closed; staff is adding a fourth dog run. The POA is re-sodding the area of the dog runs. Indicated within the next 30 days the dog run should be opened to the public. D. Proposed Resolution No. R20-047 - Authorize Mayor to sign interlocal agreement between the City of Boynton Beach and the Boynton Beach CRA to provide funding for the construction of the East Boynton Beach Boulevard Extension streetscape and parking improvements. E. Proposed Resolution No. R20-048 - Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Commissioner Hay stated there were four properties on the Resolution No. R20-048 and he noted only one property was trying to comply. He wanted to know if the City had extended the courtesy to the property on Seacrest, they look like they put in new shrubby Page 203 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 7 and painted the building as well. Efforts are being made, the other three properties seem like nothing is being done, Mayor Grant suggested tabling the 816 Seacrest Boulevard property until next Commission meeting and move forward with the other three properties. Commissioner Hay agreed. Mayor Grant requested Mr. Temple to explain the costs nuisance abatement process. Adam Temple, Community Standards Director, explained regarding 816 North Seacrest, the city has expended funds. This is to recoup the cost to maintain the property. The property owner has been provided several opportunities to pay this. During COVID-19, the property owner contacted the Community Standards Department. Mayor Grant asked if there were additional liens on the property. Mr. Temple replied there are several liens on the property. This is a property, which was neglected for several years. The property owner has made improvements on the property and the process for applying for a lien reduction was explained to them. Motion Commissioner Hay made a motion to approve as stated. Seconded by Vice Mayor Penserga, which unanimously passed. F. Proposed Resolution No. R20-049 - Amend the fiscal year 2019-20 budget, which will adjust budgeted appropriations and revenue sources and provide spending authority for the Capital Improvement Fund (302) as it relates to the ILAs with the CRA to fund Boynton Beach Boulevard Extension streetscape and parking improvements and Boynton Beach Boulevard complete streets project. G. Proposed Resolution No. R20-050 - Authorize the City Manager to sign a Government Obligation Contract and related documents with Fleetwood Financial. Fleetwood Financial Leasing LLC is financing the purchase of the City's new Eventide playback/recording system purchased from Interaction Insight Corporation. H. Approve Task Order UT-3D-03 with Baxter & Woodman,Inc., in the amount of $94,561 in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category D awarded by City Commission on August 7, 2018 for 30% civil engineering design plans and assistance with the City's 2021 Transportation Alternative Program grant application. Page 204 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 8 I. Approve revisions to the Fiscal Year 2019-2020 approved surtax projects. J. Approve an increase of $83,120 to the existing purchase order for sulfuric acid with Shrieve Chemical Company utilizing the previously approved City of Lake Worth Bid No.17-109 which expires October 17, 2020. This will bring the total approved expenditure to $211,000 for the year. K. Proposed Resolution No. R20-051 - Approve Piggy Back of the Palm Beach County, FL Sole Source Solicitation SS150946/CC with Hach Company for Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs with the same terms, conditions, specifications and pricing and authorize the City Manager to sign a piggy-back contract with Hach. The maximum anticipated annual expenditure under this contract is expected to be $100,000. Palm Beach County has complied with purchasing policies and considered this as a sole source provider of Products and Preventive Maintenance Services on Hach Products. L. 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 June 2, 2020 - "Request for Extensions and/or Piggybacks." M. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the highest ranked firm Globaltech, Inc. of Boca Raton, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 006-2821-19/TP East Water Treatment Plant Generator Replacement Progressive Design Build and per Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. N. Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, Florida Technical Consultants, LLC. of Boynton Beach, FL. and establish a contract in accordance with the Request for Qualifications (RFQ) No. 007-2821-20/TP for Geographic Information System (GIS) Engineering Services and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the Contracts will be brought back to the Commission for approval. O. Proposed Resolution No. R20-052 – Authorizing the City Manager to enter into a National Emergency Dislocated Worker Worksite Non-Financial Memorandum Page 205 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 9 of Understanding with CareerSource Palm Beach County to provide temporary jobs to assist with humanitarian aid, clean up and restoration activities due to COVID-19. David Scott, Director of Economic Development and Strategy, indicated his office was contacted by CareerSource Palm Beach County, to assist those that have lost their jobs, have been displaced by COVID-19 or for the long term unemployed. These grants provide resources to States to help with unexpected layoffs due to disasters or other types of events, such as COVID-19. These grant funds would cover the costs of employment of temporary workers to assist with COVID-19 related tasks. For the City of Boynton Beach, identified four positions and made them available for consideration: park rangers, janitorial services, facility support as well as outreach for some of the city businesses. This grant will support those humanitarian efforts. The employees will be hired through the Manpower agency, which is an independent agency. This grant supports these workers for approximately 2 to 3 months. They prefer positions that may lead to long-term employment. The grant pays up to $17 an hour for four positions. Upon approval of this item, the jobs will be posted on Employ South Florida's website. The recruiting will begin immediately. After about a month of screening, those candidates will be referred to the city for further consideration. These are 12-week assignments. Mr. Scott wanted to clarify the business outreach position is in no way considered a Compliance Officer. While it does have compliance, the title is more outreach and information for businesses as a shift, to opening and supports them in their efforts to comply with the Governor's Executive Order for social distancing. This is just our way of supporting our businesses as they re-open. With regard to the parks, it is to support social distancing, again, and communicate with those of our residents and visitors who attend our parks to explain or share some of our social distancing measures to help with that. Each, of these positions must be specifically COVID-19 related, and it is to support the Governor's Executive Order. Charles Duval, CareerSource, Assistant Vice President, stated he was excited to work with Boynton Beach in this upcoming project. Mayor Grant asked if Manpower was the preferred staffing agency. Mr. Duval indicated CareerSource has entered into an agreement with Manpower, CareerSource will function as the recruiting entity. He provided the criteria: being long-term unemployed and COVID-19 related unemployment. Mayor Grant requested CareerSource use their facility. Indicated the job fair did not work, he would like to have a present in Boynton Beach. Mr. Duval stated this would be taken into advisement. Mr. Scott provided the names of the position, which the city would be hiring. Page 206 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 10 Mayor Grant asked to get this information out on the website. Vice Mayor Penserga asked about the outreach specialist. He asked after the specialist has visited a business and observed compliance, if the business is not in compliance, what would be done? Mr. Scott stated these positions are not code compliance; this is informational only. If the businesses need any help, support would be provided. Motion Commissioner Hay moved to approve. Commissioner Katz seconded the motion, which unanimously passed. P. Approve minutes from the City Commission meeting on May 19, 2020. Motion Commissioner Hay moved to approve the Consent Agenda as amended. Commissioner Romelus seconded the motion, which passed unanimously. 7. Bids and Purchases Over $100,000 A. Proposed Resolution No. R20-053 - Authorize the City Manager to sign the proposal for the purchase of 5 Mobile Diesel Generators and one Mobile Parallel Box from TAW Power Systems, Inc. of Pompano Beach, FL, a Kohler Generator Systems Distributor for the sum of $332,960 through the national Sourcewell Contract #120617-KOH. Sourcewell procurement process satisfies the City's competitive bid requirements. Motion Commissioner Hay moved to approve the Consent Agenda for items over $100,000. Commissioner Katz seconded the motion, which passed unanimously. 8. Public Hearing 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. 20-011 - Second Reading - Approve Madison on the Avenue Future Land Use Map Amendment from Local Retail Commercial (LRC) to Special High Density Residential (SHDR). Page 207 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 11 Attorney Cherof read the proposed Ordinance No. 20-011 into the record on second reading. Bradley Miller, Miller Land Planning, Inc., on behalf of property owner Jarod Doros, requested to address all three items with one presentation. The subject 0.67-acre property is in the Federal Highway District (South) of the Community Redevelopment Area (CRA). It comprises two parcels fronting SE 23rd Avenue, approximately 500 feet west of Federal Highway. The eastern parcel is developed with a single-family home, currently vacant, while the western parcel has a professional office housed in the 1966 structure. Currently, both parcels carry commercial land use and zoning designations. To support a proposed 10-townhouse project, the applicant is requesting that the property be reclassified to the residential category of Special High Density Residential (SHDR) and rezoned to the IPUD Infill Planned Development District. The applicant is requesting a Land Use amendment rezoning, and a Master Site Plan for the infill Planned Unit Development Zoning for a 10-unit project. The site is on the south side of south-east 23rd Avenue, which is the extension of Golf Road, west of Federal Highway, surrounded, by multi-family development all the way around on the south side, and east, and west, also across the road. Then there is some commercial spaces. The applicant is proposing to change the land use from a commercial designation of Local Retail Commercial (LRC), to a residential designation of special high density residential (SHDR). The zoning is the commercial zoning of C2 to the infill planned unit development, and the IPUD Zoning District. The unit’s accesses, SE 23rd Avenue. There are two buildings, five units each. Mr. Miller showed a slide with the breakdown of the square footage. They are below the density. Mentioned, each unit has a two-car garage, the garages will be wired. There will be the capability for electric vehicles to plugin. There are recreational amenity and that south-west corner, which is a requirement to the IPUD that we exceed that. Indicated they have buffered all the way around the perimeter of the site. At the Planning and Development Board meeting, there were some conditions raised, and discussed at the May 19th Commission meeting about providing additional landscaping along the west facade and along the north facade of that front building, which is shown. After reviewing the information, applicant realize it was actually a rendering issue, which has been addressed. The Planning and Zoning Board mentioned that installing a fence along the front of the North building would give those unit owners a little more security and a little better screening from the road; the rendering has changed. Mr. Miller showed a comparison of the two that actually implements all of the plant material and it also implements the black rail fence along the front. Provided an enlargement that shows how that fence will run across the front, which gives a real nice feature, along the street frontage. Separates that front yard area of the units from the public sidewalk. Page 208 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 12 Applicant is asking to eliminate both conditions 18 and 19. These are the conditions of approval that were coming from the Planning and Development Board. Mr. Miller said there was an error with the rendering. The West Facade is in good shape. Indicated some windows have been added on that side. The balcony will wrap around. Applicant has added Bahama shutter on that side. The West facade's is very well treated and does not need the additional landscaping for condition 18. Condition 19 to be removed and replaced with a new condition 20 that requires, prior to permit submittal revisions, to the plant to depict a 4-foot-tall aluminum Rail fence along the south side of southwest 23rd Avenue sidewalk, including pedestrian gates for each of the residential units. In conclusion, the exhibit shows how the site plan fits into the surrounding uses and community. Applicant is requesting a land use Amendment, to the Special High Density, the corresponding zoning, and the master site plan that goes with the IPUD Zoning. Applicant agrees with all other conditions, with those modifications summarized removing 18 and 19, and replacing those with condition number 20. Open to public: No one coming forward, Mayor Grant closed public comment. Commission for Comment: Commissioner Hay asked about the plants within the fence, would they grow higher than 4 to 5 feet. Mr. Miller stated it would be kept at 4 feet. Mayor Grant thanked the developer for building new residences for sale. He suggested seeing if there is any way the City of Boynton Beach could get this information to the residents. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-011 removing conditions 18 and 19. Commissioner Romelus seconded the motion. Clerk Gibson called the roll. Vote 5-0 Proposed Ordinance No. 20-012 - Second Reading - Approve Madison on the Avenue Rezoning from C-2 Neighborhood Commercial to IPUD Infill Planned Unit Development. Attorney Cherof read the proposed Ordinance No. 20-012 into the record on second reading. Swore in all those wishing to speak. Motion Page 209 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 13 Commissioner Hay moved to approve proposed Ordinance No. 20-012. Vice Mayor Penserga seconded the motion. Clerk Gibson called the roll. Vote 5-0 B. Approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development consisting of ten (10) townhomes within two (2), two-story structures and the associated residential amenities, parking, landscaping, and lighting on a 0.67-acre property. Applicant: Jarod Doros, JWD Builders. Motion Commissioner Hay moved to remove from the table. Commissioner Romelus seconded the motion, which unanimously passed. Motion Commissioner Hay moved to approve Madison on the Avenue Major Site Plan Modification for the construction of a multifamily residential development. Commissioner Romelus seconded the motion, which was unanimously passed. C. Proposed Ordinance No. 20-013 - Second Reading - Approve Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR). Attorney Cherof read the proposed Ordinance No. 20-013 into the record on the second reading. Bradly Miller, Miller Land Planning, informed the Commission the 3.87-acre lot was originally part of the Palm Beach Memorial Park, slated for a future expansion area of the cemetery. At the time of the Memorial Park sale, the expansion plans were abandoned, and the unused subject property was subdivided from the original cemetery parcel. The site was approved for 40 townhomes in 2007, but due to the economic downturn, the project was abandoned. Since then, the owners found an economically feasible use for the property, given its layout and the steadily rising land and construction prices. To increase development feasibility of the site, the applicant is requesting that the future land use of the property be amended to High Density Residential (HDR), and its zoning changed to Infill Planned Unit Development (IPUD), the district recently approved to be paired with the HDR category. The Applicant is requesting a land use amendment, rezoning, and master site plan based on the IPUD zoning. Noted this parcel is on the northern part of Seacrest Boulevard at the very northern border. The property spans between Seacrest Boulevard, and I-95 to the north. Pine Point Villas Condos is to the South and then a single-family community to the east, the cemetery and the single-family Page 210 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 14 homes are in the county. Pine Point Villas are in the city. This parcel was separated and sold off by the cemetery back in 2006 to property owner, where it was annexed into the city. The applicant is proposing to increase the density to 58 units, which helps spread the cost out amongst more units, which makes it more marketable to a unit size and a price range that is more suited for the area. Showed the land use designation. Applicant is requesting that land use be changed from medium density residential, which is 11 units an acre to high density residential of 15 units per acre. Applicant is also requesting to modify the zoning from the R-3 zoning district to an infill planned unit development. The property is a little under four acres. It has a vehicular access point, that the County has required to be align with Mentone Road on the East side of Seacrest, which gives that little “S” curve as you come in. There are five different buildings. The buildings are going to consist of both three story and two-story units where the units stack on top of each other. The end portions of the building will be two-story. The middle of the buildings will be three-story components. There are 142 parking spaces, which exceeds parking requirements. Mr. Miller explained with the three-bedroom units, there is the potential of having three drivers in a unit. Those additional spaces would address the density of the 15 units per acre the land use designation. The unit sizes range there from around a 1000 to 1100 square feet per unit, there is a mix of three-bedroom, two baths, and two-bedroom, two baths. Mentioned the detention areas and the green space. The front of the property on the right side of the screen, there will be a bus shelter that would be added to the existing bus stop, people waiting for the bus will have a shelter. There are electric car charging stations that are distributed throughout the parking area, sidewalks, benches and bike racks, all throughout. A landscaped buffer around the entire perimeter of the property to the north side. An aluminum rail fence at six feet high to separate the property from the cemetery has been proposed. Applicant has worked with the cemetery owners on a condition that he would read into the record. The buffers on the East and West Sides are compliant with code, both in width, and in the landscape material themselves. There are some water tolerant trees that are included in the dry detention area. Noted on the south property line, that buffer is twice as wide as it needs to be in width. Indicated there was an easement in this area. There is an overhead power line. Mr. Miller indicated the property is adjacent to the Pine Point Villas buffer, which includes a six-foot-high hedge, and a chain link fence, which is on Pine Point Villas property and would remain there. The applicant is adding an additional buffer. There was discussion regarding activities for middle school aged children. A suggestion was made for a basketball court. Mr. Miller believes having a basketball court may have Page 211 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 15 some unintended results. The court may actually attract more people to the community than perhaps wanted. Mr. Miller provided some options, combined the tot lot and the pavilion. Added a multi- purpose play field, which was suggested by Vice Mayor Penserga, which it allows for soccer, softball, kickball, throwing, and provides some flexibility. The closest building to the property line, is 50 feet, there is additional 20 feet of separation from the common property line to the nearest Point Villas condo. Indicated there is approximately 70 to 75 feet of separation between the units, and with the transition, a two story on the ends and the three-story building, it gives a better visual separation. Applicant is requesting to eliminate condition 22, replaced by 24. The applicants in agreement with 23 adding the foundation plantings, which is already part of the code. Mr. Miller indicated condition 24 replaces the condition 22 to revise the plans depicting a consolidation of active recreational components to provide greater, open play areas within the designated usable open space areas. This is a modification to the recreational area, to shift the pavilion over to the West Play area and use larger area on the east side for an open, multi-purpose play area. Condition 25 was the condition, which the Mayor requested, and 26 to coordinate with the cemetery these were accepted the applicant. The condition worked out with the cemetery states the proposed site plan landscape planting plan, has a five foot wide landscaped buffer to be installed along the entire length of the north property line where adjacent to the existing cemetery the Buffer Shell consists of the following materials as a barrier: six foot high black aluminum rail fence as shown on the landscape planting plan. A red tipped cocoa Plum Hedge installed as shown on the landscape planting plan, with three-gallon plants, approximately two feet in height and two feet on center to create a continuous hedge. Hedge shall be allowed to grow and will be maintained at a height of six feet. There will be Fakahatchee grass on the landscape, including gumbo limo, live oaks and cabbage palm. Applicant has staff recommendation with conditions. Mayor Grant believe there was someone earlier, which had a comment regarding the fence along the border with Pine Point Villas. Mayor Grant believes the applicant answered, that there will be a six feet aluminum fence, surrounded by hedges. This should prevent children from cutting through and hopping the fence. Mr. Miller clarified, that is an existing chain link fence, which is a part of Pine Point Villas and will remain along that south property line. Mayor Grant asked if the applicant was going to be placing hedges along that chain link fence or leaving it open? Mr. Miller replied there is additional hedging that goes along that property line as well as additional trees. Their existing hedge is the 5 to 6 feet high and under their control. The applicant has a similar hedge that will grow on the applicant side of the property line plus additional ground cover and trees. Page 212 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 16 Opened to the Public: Mary Drago asked if there was a possibility of a concrete wall. Indicated Pine Point Villas is an adult community. (Inaudible.) Bradley Miller, Miller Land Planning, stated he believed the resident was requesting a 10 ft. high concrete wall. Mr. Miller indicated having a 10 ft. wall would violate the building code. He stated the chain-link fence and the landscaping provide a barrier and separation between the two properties. A concrete wall provides an avenue for vandalism. Mayor Grant asked the decimal level of I-95 and Pine Pointe Villas. Mr. Miller indicated the highway could be heard from the property. There is a sound wall along the DOT right- of-way. There is a letter from the Department of Transportation (DOT) in regards to considering extending the sound wall. Mayor Grant asked if the management company would have any type of security camera to make sure uninvited guest do not enter the property. Mr. Miller stated this would be a trespassing issue. This is a good neighbor item. Mayor Grant asked if Mr. Miller was aware of any communities other than Pine Pointe Villas. Mr. Miller stated there are single-family homes to the north and east of the development of Pine Pointe Villas. Motion Commissioner Katz moved to approve proposed Ordinance No. 20-013, Miraflor Apartments Future Land Use Map Amendment from Medium Density Residential (MDR) to High Density Residential (HDR) with the additional condition of approval for the applicant to apply for a pedestrian crossing from Palm Beach County. Commissioner Hay seconded the motion. Clerk Gibson called the roll. Vote 5-0 Proposed Ordinance No. 20-014 – Second Reading - Approve Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD Infill Planned Unit Development District. Attorney Cherof read the proposed Ordinance No. 20-014 into the record on second reading. Motion Commissioner Hay moved to approve proposed Ordinance No. 20-014 Miraflor Apartments Rezoning from R-3 Multi-Family Residential District to IPUD infill Planned Unit Development District. Vice Mayor Penserga seconded the motion. Page 213 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 17 Clerk Gibson called the roll. Vote 5-0 D. Approve Miraflor Apartments Major Site Plan Modification for the construction of a multifamily residential development consisting of 58 rental apartments within five (5), two/three-story structures with associated residential improvements on 3.87 acres requested to be rezoned to IPUD. Randall K. Rush of Seacrest Properties, LLC. At their May 28th meeting the Planning & Development Board unanimously approved this request subject to staff's 21 recommended conditions of approval plus two additional Board conditions. Motion Commissioner Hay motion remove from the table the Miraflor Apartment Major Site Plan Modification. Commissioner Katz seconded the motion, which passed unanimously. Motion Commissioner Katz moved to approve with the applicant’s amendments. Commissioner Hay seconded the motion, which unanimously passed. E. Proposed Ordinance No. 20-016 – Second Reading - discussion and direction regarding Advisory Board members and draft ordinance to consolidate and conform Boards. Attorney Cherof read the proposed Ordinance No. 20-016 into the record on second reading. Motion Commissioner Katz moved to approve proposed Ordinance No. 20-016 into the record on second reading. Commissioner Hay seconded the motion. Public Comment: There was no public comment on the ordinance. Clerk Gibson called the roll. Vote 5-0 F. 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. (This agenda item has been continued to the June 16, 2020 Commission Meeting.) Page 214 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 18 G. 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. (This agenda item has been continued to the June 16, 2020 Commission Meeting.) 9. City Manager’s Report A. Review and discuss staffs report on the City's Home-based Business Regulations and comparison with the Village of Wellington's home-based business standards. Lori LaVerriere, City Manager, provided an update on the City of Boynton Beach home- based business regulation. Michael Rumpf, Development Director, provided an overview of home-based businesses, which has been accommodated and regulated since modern zoning regulations were established by local and county governments. The City’s Land Development Regulations defines a “Home Occupation” (a.k.a. home-based business) as “the operation of an individual and/or members of the immediate family conducted inside a dwelling unit within a zoning district that allows for residential uses, when such dwelling unit is the principal use of the property and all the applicable conditions of this Code can be affirmatively evidenced and complied with”. The criteria and standards are established to control the characteristics (“performance”) of the business to prevent impacts upon the residential environment, as well as to prevent its existence from even being realized within the neighborhood. The regulations are primarily performance-based, in that they regulate the characteristics of the business rather than being zoning-based by specifying the permitted or prohibited uses. The Zoning Matrix, footnote #34, regulates such uses with both objective and subjective standards, including primarily those that address maximum area devoted to the business, the operators of the business (residents only), the equipment or machinery used, use of the home’s garage, business signage, and parking and types of vehicles used for the business. In most cases, these regulations are adequate in achieving the intended peaceful co-existence within neighborhoods. However, staff has learned that there are few uses that have associated operational characteristics that create noise or that represent a greater commercial appearance for neighborhood compatibility, warranting the application by staff of additional regulating rules. Such uses would include landscaping contractors with on-site equipment trailers, towing companies, stretch limos, mobile venders, and moving companies. This review, as requested by the City Commission, has prompted a review of these processes for conformance with the standards, or for the possible need for amendments to these standards. Page 215 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 19 In comparison with the regulations of the Village of Wellington, staff describes the most notable differences as follow: The City’s LDRs allow a maximum of 20% of the dwelling to be used for the business, verses 15% by Wellington; Both Cities allow residents of the home to operate the business; however, Wellington also allows one (1) nonresident to support the business. Boynton allows one (1) commercial vehicle consistent with the City’s truck regulations, and Wellington more stringently sets a maximum of two vehicles at the property; Boynton does not require liability insurance, in contrast with Wellington which requires proof of liability insurance; The City allows one discreet business sign (non-illuminated, maximum 2 sq. ft.), whereas Wellington’s doesn’t allow any signage or external evidence of a business; Wellington’s ordinance has several restrictions/provisions on personal instruction, which is attributed to the high equestrian activity at the Village. In summary, the City’s requirements for home-based businesses are generally less stringent than Wellington’s standards, except for Wellington’s provision allowing one non- resident to assist with the business. Staff believes that the City’s current standards described above from Zoning Matrix Note #34 are adequate to support a home-based business but recommends amending the regulations to allow one non-resident to be a part of the business. Mayor Grant stated the difference was to allow an additional employee on a trial basis and come back to the Commission in a year to make it permanent. There was consensus. Vice Mayor Penserga, asked how this applies to homes within a Homeowners Association (HOA). Mr. Rumpf stated that the HOA has authority to regulate on their own. B. Discussions on Racial Inequity, Summer Camps and Employment Opportunity. RACIAL INEQUITY: Mayor Grant stated the City Commission needs to create some ideas for plans to increase awareness of racial inequities and racial equality. Suggested a taskforce or advisory board. He also suggested having presentations from different departments and how we are combating racial inequities in the city. Commissioner Hay indicated he agrees to have a task force that would include our citizens, leaders from the community, as well as staff. Mayor Grant stated the task force would not be opened to everyone. Ms. LaVerriere requested guidance from the Commission on what is expected and what goals would the taskforce be expected to achieve. Page 216 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 20 Mayor Grant asked all Commissioners to provide the City Manager with options. Requested the City Manager to have the item on the July 7th Commission meeting agenda. The Commission could move forward with the Racial Equity Taskforce. Ms. LaVerriere inquired as to who the stakeholders and participants on the taskforce would be. Requested criteria such as backgrounds, professional background, and community leadership. Mayor Grant stated the Commission heard the public comments, which were read into the record. Ms. Chavez had five different tasks that she wanted the city to implement. Working with the community activists and different leaders that the City Commission selected. Suggested no more than 10 different individuals to be on the taskforce. SUMMER CAMPS: Mayor Grant stated on the City of Boynton Beach Webpage, summer camps have been cancelled. Requested a presentation from the Parks and Recreation department and provide information on Palm Beach County school district is doing. He would like the city to promote both County and School District on the city website. Ms. LaVerriere stated the governor has released his Executive Order to allow organized sports. Explained, under Palm Beach County order, the city is not allowed to open recreational areas. Mayor Grant stated he was concerned about the children of Boynton Beach. Commissioner Katz suggested providing information to the School Board website. He was opposed to using the city facilities at this time because of the liability. Ms. LaVerriere indicated at the next emergency managers’ meeting call, she will inquire how to proceed. Mayor Grant said he concerned about people without electronics or internet being left out. Ms. LaVerriere noted recently school Board member, Erica Whitfield reached out to her to talk about the issue of internet. Addressing the digital divide, obviously, the school district experienced this. The City of Boynton Beach is committed to work from the standpoint of wanting to do what it can to participate, perhaps, in some form of a partnership, to help eliminate the divide in the Boynton Beach Community. Commissioner Romelus inquired as to the re-opening of the Library. Ms. LaVerriere replied there is not an actual re-opening date, but it should be sometime in July. Page 217 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 21 Commissioner Romelus remembers discussion of having internet access within the downtown area. Inquired if this was accomplished in the construction process? Colin Groff, Assistant City Manager, noted the City has the infrastructure, and the answer is yes, we will have a wireless Internet and free Internet connections in the downtown area. Commissioner Romelus inquired, what is the timeframe for implementation? Mr. Groff replied after staff moves into the new city hall. Stated construction is still going on, it is when the construction is complete, which would be several months, Mayor Grant inquired if there is any sort of Internet over at Sarah Simms or outside. John McNally, IT Director, said he believes that the Sara Sims Park renovation included wireless access points throughout the park. He believed that is currently online and available. There is Wi-Fi at that Carolyn Sims Center, but there may not be coverage throughout the building. This was not intended to cover the whole parking area or the recreational areas outside of that location. Mayor Grant indicated there is nothing for the fields at Ezell Hester. Mr. McNally indicated nothing currently at this point. Mayor Grant requested a report regarding Sara Sims and how much data the City is providing to the residents. EMPLOYMENT OPPORTUNITY: Mayor Grant noted as the Commission they could work with CareerSource; the Federal and State government has allowed the City the ability to hire some individuals through a staffing agency. As the Commission is aware, the job fair was not successful, with less than 10% people being hired. As a City and Commission need to learn who is the preferred staffing for the construction event. Secondly, he stated the City had an amazing speed hiring event where they partnered with Feeding South Florida. Requested the economic development strategy team to reach out to the local chambers and create a speed hiring event for the local businesses so that anyone who preregisters can get an interview, and that way we will hopefully have more of our residents employed. The City needs to make sure that people are working because unemployment benefits are not going to last throughout the summer. Hopefully, if the city receives any State or Federal funding, it can be direct towards speed hiring, with local businesses. Ms. LaVerriere stated once the City gets past COVID-19. Mayor Grant stated he does not want to wait until COVID-19 is over. He feels the need to have a pre-registry of applicants who are looking for work. Hopefully, the city being a Page 218 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 22 central location and have a database of people who want to work in the city, businesses can come to the city and possibly hire them. Commissioner Katz inquired if the city was going to have a speed hiring event for private businesses. Mayor Grant suggested the city would hold a speed hiring event for our residents. The city would become a clearing house. Indicated there are many people who are looking to work in Boynton Beach. If someone needs to hire an employee, they could possibly come to the city and use the database of interested residents. Commissioner Katz inquired which staff would be responsible for these activities? Mayor Grant indicated it would be the Economic Development staff. The City of Boynton Beach needs to make sure the residents are working. Mayor Grant stated he understands this is new territory for the City. Commissioner Katz stated he was not questioning the intent; he was trying to logistically understand. The City of Boynton Beach would become the job source within the city. Mayor Grant stated this was his hope. Commissioner Katz indicated he would need more information as to whether or not this has been tried before. Asked if this is the role of government versus allocation money to fund a job source. Inquired if there is a template, has this been tried before. Is there any research and outside of hiring for the City own internal purposes, for city positions? The ideal of the city to do the legwork and link private businesses with employees, an example to refer to. Mayor Grant replied no, the only example, is the city doing it for itself. The City had a job fair and many people were hired. Inquired of the 119 applicants which came to the City Career Fair or Job Fair in February of 2019 how many were hired. Commissioner Hay asked if this was an attempt to hold the private employee’s hand? The objectives are not clear. Mayor Grant stated people that are missing information must start over, because something is missing in their application. The ideal is to help the people in Boynton Beach. If they hit a hurdle, not have them start the race over again. Mayor Grant stated he was happy to have a further discussion with city staff, and encouraged everyone to do something as well to see what the city can do to make sure the City of Boynton Beach residents are employed. He appreciates the comments from the Commission, and maybe staff could work more closely with a staffing agency, such as CareerSource. This was the reason he invited CareerSource to use the City of Boynton Beach’s facility. CareerSource has an office in Delray and West Palm Beach; he believed this would mean the applicants Page 219 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 23 would come from Delray or West Palm Beach to work in the City of Boynton Beach. Mayor Grant stated he wants to make sure the residents of Boynton Beach could work in Boynton Beach. Vice Mayor Penserga stated he would reach out to the Chamber to see what has been done in the past; he does not want to reinvent the wheel. Commissioner Romelus commended Mayor Grant for thinking outside the box and said the willingness to be innovative is very important. Indicated she would like to hear from the small businesses within the city limits. Do they even need to be hiring people right now? Mayor Grant thanked the Commission for allowing for this discussion. Noted this is a very real concern. As everyone knows, during the last depression, the government helped out. When the city hit the recession, the City of Boynton Beach lost 40% of the property valuation, which leads to 40% lower taxes. He wants to make sure that people who want to live and work in Boynton Beach has an opportunity to do so. 10. Old Business - None 11. New Business-None 12. Legal A. Discussion and authorization to terminate Franchise Agreement with FLSC, LLC., for textile recycling program. Attorney Cherof indicated the City Manager has been in contact with representatives of the business, and they have asked for some extension of time to make their payments and some adjustment of their program. There is an issue of outstanding fees that are owed to the City of Boynton Beach. This needs to be part of the discussion. His understanding is that an offer was made by the company to pay 50% of what they owe to the City at this point. The balance will be paid off over an extended period. He indicated this could be amortized, because it is a significant amount of money currently owed to the city. Motion Commissioner Katz moved to remove from the table. Commissioner Hay seconded the motion, which unanimously passed. Mayor Grant stated he was in favor of accepting the 50%, these are funds which could be used in the General Fund. He agreed with the year amortization. So long as the 50% payment is made. Page 220 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 24 Commissioner Katz asked if there is any documentation regarding the revenue or the pound of product taken in. Asked the basis for the reduction, other than it was not working out. Ms. LaVerriere stated the company anticipated locating 50 bins throughout the city; they have only located 15 bins. Mark Douglas indicated FLSC, LLC made a proposal for a reduction to the City Manager. There have been some challenges since the beginning of the program. Thanked the Commission for allowing them to work with a smaller footprint. The number of bins and participation of business owners has been a challenge. There are only 15 bins within the City of Boynton Beach and the vendors who purchase the clothing are closed because of the pandemic. FLSC, LLC will pay $15,833 prior to the next commission meeting and pay the balance over a 12-month period. In addition to making regular monthly payments. Motion There was consensus to authorize the City Attorney to place the offer in writing as well the City of Boynton Beach receiving payment of $15,833, prior to the next Commission meeting. B. Discussion of a Curfew Mayor Grant stated having a curfew eliminates the freedom of assembly provided in our First Amendment of the Constitution. Asked for an explanation of when it would be implemented, why is a curfew allowed and how is it done. Attorney Cherof replied it was allowed because it is provided for in Florida statutes, in a chapter that ominously begins with the title of phrase riots an unlawful assemblies and it provides for the declaration of a municipal local state of emergency. Noted that declaration has with it, the right, amongst other rights, to impose a curfew. Obviously, that is a very strong process that has a lot of implications on a citywide basis. The Statute provides that type of declaration, and curfew is only good when declared by the City Manager, the Police Chief and the Mayor sign off on it. The curfew is only good for 72 hours unless it is extended by the City Commission as a whole beyond that particular time period. There are safeguards built-in that neither the City Manager, the Chief of Police nor the Mayor would act too hastily to protect the interest of the public, but it could be extended by the City Commission. Vice Mayor Penserga asked if there a recommendation that there be a curfew. Mayor Grant replied there are no recommendation for a curfew. He wanted to make sure the Commission knew the rules of a curfew. Page 221 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 25 Commissioner Hay asked if this could be addressed after the fact. Ms. LaVerriere indicated it could. Attorney Cherof stated the 72-hour period is the initial maximum time period. It does not need to last that long. The Statute allows those that have the right to sign the declaration, and order of curfew and have the right to rescind it as well before the 72-hour period. Mayor Grant stated he wanted to bring this to the Commission prior to this being enacted, if the city decided to impose a curfew. 13. Future Agenda Items A. Provide update on potential sale of the Nichol's property to Pulte Homes – TBD. B. Mayor Grant has requested a discussion on Lake Park's Accessory Dwelling Unit Ordinance – TBD C. Approve amendments to the LAND DEVELOPMENT REGULATIONS (CDRV 20-002), revising Chapter 3. Zoning: (1) Article III. Zoning Districts and Overlays, Section 1.B. and Sections 2.C and 2.E., to set maximum building height consistent with Single-Family regulations and to modify development standards for selected non-conforming lots; and (2) Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental and to allow Professional & Technical Schools in Industrial (I) pods within Quantum Park, and to allow Self-Service Storage in the C-4 zoning district; and (3) Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria, and to add Section 3.AA, In-ground Storm Shelters. - June 16, 2020Funding agreement with FDOT for Complete Streets design of BB Blvd. improvement project - June 16, 2020 14. Adjournment Motion There being no further business to discuss, Commissioner Hay moved to adjourn. The motion was seconded by Commissioner Katz and unanimously passed. The meeting was adjourned at 8:25 p.m. John McNally, I.T. Director, stated a recorded version of this session would be posted to the City of Boynton Beach’s YouTube channel. He noted that links to that channel are available on the City of Boynton Beach website and this concludes the meeting. Page 222 of 651 Meeting Minutes City Commission Meeting Boynton Beach, Florida June 2, 2020 26 CITY OF BOYNTON BEACH ___________________________ Mayor - Steven B. Grant ___________________________ Vice Mayor – Ty Penserga ___________________________ Commissioner – Justin Katz ___________________________ Commissioner – Woodrow L. Hay ___________________________ Commissioner – Christina Romelus ATTEST: _______________________________ Crystal Gibson, MMC City Clerk ___________________________________ Queenester Nieves, CMC Deputy City Clerk Page 223 of 651 June 2, 2020 City Commission Meeting Minutes Attachment “A” Public Comment – June 2, 2020 Commission Meeting Agenda Item No(s). Name Comments E‐mail and/or Physical Address Phone No. Date/Time Received Method Received 1. Not On The Agenda Eva Chaleff “Good Morning, I would like to submit public comment for today’s commission meeting, on a subject not yet addressed in the agenda. My name is Eva Chaleff and I am a working citizen in Boynton Beach. In view of the horrific racial discrimination and wrongful aggressive actions taken by the Minneapolis police officers against George Floyd, ultimately leading to his death, on May 25th, 2020, I am reaching out to you to enact change locally so this does not happen in our city. Here are the changes I propose: 1. Establish a Civilian Review System in Boynton Beach to establish independent and civilian‐led investigations and establish police accountability. 2. Require the Standard Operating Procedure to include specific disciplinary actions for officers who engage in bias‐based profiling and violate the policy. 3. Ensure highly restrictive Deadly Force Policies are in place for the police force, which should be enforced by community monitoring. 4. Require the police department to adopt and enforce a written policy governing the use of physical force, explicitly restricting it to narrow situations and requiring officers to file written reports after any use of physical force. 5. Aggressively pursue Equal Opportunity Employment in the police department, to increase integration of all peoples and equal protection of the law. I want my future children to grow up in a world where our city’s police officers are truly our trusted servants. I want our city to be an example of anti‐racism and help end this pattern of cruelty and intolerance in our nation. I respectfully ask you represent our people in standing for racial equality and the eradication of police brutality by pursuing written policy in support of such efforts. Thank you, ‐‐ Eva Chaleff” echaleff3@gmail.com (727) 729‐0672 06/02/2020; 10:18am E‐mail Page 224 of 651 7.A. Consent Bids and Purchases over $100,000 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Award task order UT-3D-04 with Baxter & W oodman, I nc. D B A Mathews Consulting, A Baxter & W oodman Company, in the amount of $84,875 in accordanc e with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Sc ope Category D awarded by City C ommission on August 7, 2018 to provide c onsulting services to prepare and develop a Mobility P lan and Fee. Explanation of R equest: The City's Planning & Zoning D ivision along with Baxter & W oodman, I nc. (B W ), NUE Urban Concepts (NUC) and the C ity's Engineering Division staff are in the process of developing and implementing a C ity of Boy nton Beac h Mobility Plan and Fee as outlined in the City of Boy nton Beac h S trategic Plan 2018-2022. The scope of services will be divided into two phases to address multimodal transportation mobility. The first phase is to develop a mobility plan within the City that will serve as the legal basis and foundation for pursuit of multimodal transportation improvement fund. The second phase will include the development of tec hnical documents required to c reate a mobility fee. A mobility plan is a forward-looking and progressive approach to integrate land use and transportation improvements that provides people with the opportunity to safely, c omfortably, and conveniently walk, bicycle, ride transit, drive, or use new tec hnology to move to and from homes, shops, schools, and businesses. A mobility fee is monetary fee imposed on new development or redevelopment that generates personal travel demand above the c urrent use of land to fund improvements identified in a mobility plan. Authorizing this proposal will further assist in the implementation of Vision Zero planning that Commission previously approved. Staff recommends authorization of the consultant c ontrac t for the hybrid approach to achieve the ultimate goal of a City of B oy nton Beach Mobility Plan & Fee. How will this affect city programs or services? An effective Mobility Plan identifies multimodal transportation improvements, such as sidewalks, trails, bike lanes, and trolley c irculators that c onnect neighborhoods with stores, sc hools, parks and offic es. Fiscal Impact: Budgeted Funding has been budget in ac count #001-2413-524.49-17 and #001-1211-512.49-17 to cover the costs of the professional c onsultants. Alternatives: Do not authorize the issuance of the consultant contract and continue status quo of c ollecting road impac t fees and allowing Palm Beac h County to distribute impac t fees per the current proc ess. Page 225 of 651 Strategic Plan: Transportation and Mobility Strategic Plan Application: The approval of this item will commence and assist in the furtheranc e of Projec t 3.1 (D evelop and I mplement Comprehensive City Mobility Plan) as outlined in The C ity of Boynton Beach Strategic Plan 2018-2022. Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Attachment Attachment 1 - S igned Agreement Task Order Task Order P roposal - Baxter & W oodman - 060820 Page 226 of 651 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and BAXTER & WOODMAN, INC. DBA MATHEWS CONSULTING, A BAXTER & WOODMAN COMPANY, 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 CITY'S 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. 046-2821-17/TP; 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 specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services X 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 terms of this Agreement. The term"Agreement"has the same meaning as the term"contract". Boynton Beach Utilities-General Consulting Services C-1V.5 CLEAN FINAL Page 227 of 651 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub-consultants' work. 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 consult and confer with the CITY 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 CONSULTANT'S 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 governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys 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 (6) 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 Uponauthorization 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; Boynton Beach Utilities-General Consulting Services C-2 V.5 CLEAN FINAL Page 228 of 651 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, 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 Boynton Beach Utilities-General Consulting Services C-3V.5 CLEAN FINAL Page 229 of 651 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 CITY for each project, 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 form 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 properly 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, rules, 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 Boynton Beach Utilities-General Consulting Services C-4 V.5 CLEAN FINAL Page 230 of 651 proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals 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 if 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 Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-5 Page 231 of 651 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 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 architectural/engineering 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 CONSULTANT'S 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 Boynton Beach Utilities-General Consulting Services C-6V.5 CLEAN FINAL Page 232 of 651 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 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 files 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 bi-monthly 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 identify 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: Conducting all pre-construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and Boynton Beach Utilities-General Consulting Services C-7V.5 CLEAN FINAL Page 233 of 651 other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; 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; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, 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; 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 Work. Boynton Beach Utilities-General Consulting Services C-8V.5 CLEAN FINAL Page 234 of 651 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 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 shall 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 CONSULTANT's 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 CONSULTANT'S control. Providing renderings or models for the CITY'S use. Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out-of-sequence work. 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 Proposal/proposal 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 Boynton Beach Utilities-General Consulting Services C-9V.5 CLEAN FINAL Page 235 of 651 and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. 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. 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. Services in connection with work changes necessitated by unforeseen conditions encountered during construction. 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. 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 CONSULTANT'S 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 alternates 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 borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities-General Consulting Services C-10 V.5 CLEAN FINAL Page 236 of 651 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 CONSULTANT'S 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 CONSULTANT'S 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; 1.4.1.6 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, deed 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-General Consulting Services C-11V.5 CLEAN FINAL Page 237 of 651 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 make 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 performed 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,failure 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 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If 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 default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities-General Consulting Services C-12V.5 CLEAN FINAL Page 238 of 651 have been addressed and are not likely to be repeated in subsequent task 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 and/or terminate this Agreement. 1.6 DEFINITION 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 CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; CONSULTANT has failed to make prompt payments to SUB- 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; 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: 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. Boynton Beach Utilities-General Consulting Services C-13V.5 CLEAN FINAL Page 239 of 651 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 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 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 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: 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 for work 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 Boynton Beach Utilities-General Consulting Services C-14V.5 CLEAN FINAL Page 240 of 651 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 applied for management efforts. 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. 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. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not-to-exceed 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. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last 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 closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. 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. Boynton Beach Utilities-General Consulting Services C-15V.5 CLEAN FINAL Page 241 of 651 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 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. The CITY may after examination, refuse to accept the adjusted costs if they are not properly 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 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 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 Boynton Beach Utilities-General Consulting Services C-16V.5 CLEAN FINAL Page 242 of 651 RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. 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 shall not be unreasonably withheld. ARTICLE 8 -COMPLIANCE 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 CONSULTANT'S 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 CONSULTANT'S 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 CONSULTANT's 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 C-17V.5 CLEAN FINAL Page 243 of 651 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 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, 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 Beach Utilities-General Consulting Services C-18V.5 CLEAN FINAL Page 244 of 651 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 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this 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 benefits 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). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 -COVENANT AGAINST CONTINGENT FEES 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 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 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 Boynton Beach Utilities-General Consulting Services C-19V.5 CLEAN FINAL Page 245 of 651 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 Contract 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 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 it'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-20V.5 CLEAN FINAL Page 246 of 651 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—TERMINATION 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 VENUE 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-21V.5 CLEAN FINAL Page 247 of 651 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 INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S 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. ARTICLE 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, projections, 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-22V.5 CLEAN FINAL Page 248 of 651 ARTICLE 24- NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: City of Boynton Beach Copy to: Attn: Utilities Director City of Boynton Beach 124 E. Woolbright 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: Baxter&Woodman, Inc. dba Mathews Consulting, a Baxter&Woodman Company Attn: Rebecca Travis, Vice President 477 S. Rosemary Avenue Suite 330 West Palm Beach, FL 33401 ARTICLE 25 - INTEGRATED AGREEMENT 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 -SOVEREIGN IMMUNITY 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-23V.5 CLEAN FINAL Page 249 of 651 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27— PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, 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 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 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. PYLEJ(a BBFL.US Boynton Beach Utilities-General Consulting Services C-24V.5 CLEAN FINAL Page 250 of 651 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 day of 6L-11---'/- 20 1 MATHEWS CONSULTING, CITY OF BOYNTON BEACH A BAX E &WOODIMIA OMPANY City Manager CONSULTANT Attest/Authenticated:p SCE n c; NJ Title l Corporate Sege, Y. ••City rk Sege, a Approv- 3 as t• or Attest/Authenticated: 414•41-Q—dbZU0 Offi "L of the Ci O1'"omey Secretary Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C-25 Page 251 of 651 EXHIBIT "A" SCOPE D - FEE SCHEDULE FIRM: Baxter& Woodman, dba Mathews Consulting DATE: 3/27/18 Personnel Classifications Hourly Rate! Principal 170.00 Project Manager 165.00 Senior Transportation Engineer 155.00 Senior Transportation Planner 170.00 Senior Surveyor/Mapper 150.00 Engineer 112.00 Urban Designer Transportation Planner Engineering Technician 110.00 Inspector (transportation) 90.00 GIS Specialist 135.00 CADD/Technician 92.00 Transportation Planning Technician Clerical/Administrative 70.00 Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Traffic Counter $50/day Miovision Traffic System $600 per diem plus 24/hr processing Subconsultant costs will be reimbursed at their invoice costs plus 10% markup Boynton Beach Utilities-General Consulting Services C-26V.5 CLEAN FINAL Page 252 of 651 EXHIBIT "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts,leases,and agreements,the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder" and"The City of Boynton Beach is Additional Insured as respect to coverages noted."Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors,lessees,etc.,and the limits required by the City: (NOTE: This list is not all inclusive,and the City reserves the right to require additional types of insurance,or to raise or lower the stated limits,based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED General Liability General Aggregate 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. 1,000,000.00 Owners&Contractor's Protective(OCP) Personal&Adv.Injury 1,000,000.00 Liquor Liability Each Occurrence 1,000,000.00 Professional Liability Fire Damage(any one fire) $ 50,000.00 Employees&Officers Med.Expense(any one person)5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion&Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability Automobile Liability Combined Single Limit 500,000.00 Any Auto Bodily Injury(per person) to be determined All Owned Autos Bodily Injury(per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange 50,000.00 Non-Owned Autos PIP Basic Intermodal Garage Liability Auto Only,Each Accident 1,000,000.00 Any Auto Other Than Auto Only 100,000.00 Garage Keepers Liability Each Accident 1,000,000.00 Aggregate 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident 100,000.00 Disease,Policy Limit 500,000.00 Disease Each Employee 100,000.00 Property Homeowners Revocable Permit 300,000.00 Builder's Risk Limits based on Project Cost Other- As Risk Identified to be determined Boynton Beach Utilities-General Consulting Services C'27V.5 CLEAN FINAL Page 253 of 651 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. Service: (Check One) 0 Planning/Study Activity,Report,Other El Design/Engineering Services/Preliminary Bid Document Final Document/Bidding/Contractor Award Construction Phase/Completion 2. Name of Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: Final Cost: b.Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check One) El Unsatisfactory 0 Poor Fair Good Excellent 7. Recommended for Future Contracts? Yes No 0 Conditional If other than yes,provide detailed explanation on a separate sheet of paper. 8. Name,title,and office of rating officer(e.g.Utilities Director): 9. Signature of rating officer: Boynton Beach Utilities-General Consulting Services C_28V.5 CLEAN FINAL Page 254 of 651 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/spec accuracy 1 2 3 4 5 Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 being the highest score N/A 1. Specs afford competition 1 2 3 4 5 2. Specs complete/thorough 1 2 3 4 5 3. Accuracy of documents 1 2 3 4 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Cooperative 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 8. Response to inquiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building & permitting agencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-29V.5 CLEAN FINAL Page 255 of 651 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Drawings Reflect True Conditions 1 2 3 4 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Product/Equipment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 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 Permitting Agencies? 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building 1 2 3 4 5 Officials and/or Regulatory Agencies? 13. Change Order Processing (Accuracy, Timeliness, 1 2 3 4 5Documentation, etc.) 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or 1 2 3 4 5 associate(s)work and paperwork? 15. Proactive Participation in Resolution of Dispute(s)? 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services V.5 CLEAN FINAL C30 Page 256 of 651 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 Name and title of rating officer(e.g. Utilities Director): Signature of rating officer: Boynton Beach Utilities-General Consulting Services C-31V.5 CLEAN FINAL Page 257 of 651 MATHEWS /tikCONSULTING a BAXTE OODMAN company August 13, 2018 Ms. Ilyse Triestman Purchasing Manager City of Boynton Beach 100 E. Boynton Beach Blvd. Boynton Beach, FL 33435-0310 Telephone 561-742-6322 Subject:RFQ No. 046-2821-17/TP Resolution No. R18-103 General Engineering Services Agreement Category Scope D— Transportation Dear Ilyse, Please find enclosed one(1) original signed copy of the above referenced Agreement for General Consulting Services, Scope Category D — Transportation Services and a copy of our Certificate of Insurance. If you have any questions, please contact me. Sincerely, MATHEWS CONSULTING, A Baxter and Woodman Company Rebecca Travis, P.E. Vice President/Region Manager West Palm Beach Enclosures MC File BOYBC/170878.00/BOYBC 477 S. Rosemary Ave. Suite 330, West Palm Beach, FL 33401 • 561.655.6175 www.baxterwoodman.com Page 258 of 651 AC/-o DATE(MWDD/YYYY)O CERTIFICATE OF LIABILITY INSURANCE 8/13/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Risk Strategies Company PHONEHNNE-Ext): (847) 412-1414 A/C,No): 650 Dundee Road E-MAIL ADDRESS: Suite 170 INSURER(S)AFFORDING COVERAGE NAIC# Northbrook IL 60062 INSURERA:Valley Forge Ins Co 20508 INSURED INSURERB:COntinental Insurance Co Mathews Consulting, INSURERc:Continental Casualty Company a Baxter & Woodman Inc. Company INSURER D: 477 S. Rosemary Ave., #330 INSURERE: West Palm Beach FL 33401 INSURERF: COVERAGES CERTIFICATE NUMBER:CL17122151309 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP/ YLIMITSLTRINSRWVDPOLICYNUMBERMM/DDYYYI,IMM/DD/YYYYI X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAGE RENTED A CLAIMS-MADE X OCCUR PREM SESO( Ea occurrence) $ 1,000,000 X primary/non contributory 6045872351 1/1/2018 1/1/2019 MED EXP(Any one person) $ 15,000 X subj to written contract PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE _ $ 2,000,000 POLICY X jECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000Eaaccident) A I ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED 6045872348 1/1/2018 1/1/2019 BODILY INJURY(Per accident) $ NOON-OWNED AUTOS AUTOS PROPERTY DAMAGEXHIREDAUTOSXAUTOSPeraccident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE 5,000,000 DED RETENTION$6045872365 1/1/2018 1/1/2019 WORKERS COMPENSATION X PER AND EMPLOYERS'LIABILITY Y/N STATUTE OERH ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT 1,000,000 OC ( MFiCERNEMBER andatoryr in NH EXCLUDED? 6045872379 1/1/2018 1/1/2019ry ) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 C Profession) Liability AEH591900841 1/1/2018 1/1/2019 Per claim 5,000,000 Aggregate 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached K more space is required) Re: City of Boynton Beach, RFQ No. 046-2821-17/TP. City of Boynton Beach is included as additional insured per blanket endorsement as respect GL, subject to written contract requiring same. Waiver of subrogation applies GL/WC. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Boynton Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 100 E. Boynton Beach Blvd. ACCORDANCE WITH THE POLICY PROVISIONS. Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE Michael Christian/ CIDy s — '' LL 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) Page 259 of 651 June 8, 2020 Mr. Gary Dunmyer, MBA, P.E. City Engineer City of Boynton Beach 100 East Boynton Beach Boulevard Boynton Beach, FL 33435 Subject: City of Boynton Beach – Complete Streets & Mobility Plan Task Order #UT-3D-04 Dear Mr. Dunmyer: Baxter & Woodman, Inc. is pleased to submit our proposal to provide transportation planning and traffic engineering services related to this project under our General Consulting Scope D – Transportation contract, RFQ 046-2821-17/TP, dated August 20, 2018. This Scope of Services is divided into two phases to complete a Complete Streets & Mobility Plan and a Complete Streets and Mobility Implementation Plan. The first phase is to develop a Mobility Plan within City limits, east of Congress Avenue that would serve as the legal basis and foundation for pursuit of multimodal transportation improvement funding. For this proposal, Baxter & Woodman and NUE Urban Concepts (NUE) will provide services for the following Tasks (assistance only to the City staff for Tasks 1, 2 and 5). The second phase would be to develop a Mobility Implementation Plan and establish an associated mobility fee. SCOPE OF SERVICES PHASE I – COMPLETE STREETS & MOBILITY PLAN TASK 1 - TRANSPORTATION PLAN REVIEW: The development of a Mobility Plan requires the identification of multimodal transportation projects to be included in the Plan. The City shall to identify modes of travel that are currently planned within the community and most important, to identify gaps in planned multimodal transportation improvements that would need to be addressed in a Mobility Plan. Baxter & Woodman, Inc. and NUE will provide a review only, of the data compiled by the City and provide input under this task. TASK 2 - DATA COLLECTION/EXISTING CONDITIONS: To develop a Mobility Plan, a review of data related to current traffic characteristics for all functionally classified arterial and collector roads, number of travel lanes, ADT, speed limits, LOS Standards, presence of a median, presence and type and width of sidewalks and bike lanes and transit stops is needed. Existing demographics and mode share data will be reviewed based on the latest American Community Survey. Baxter & Woodman, Inc. and NUE will submit a list of data needed and will provide a review only, of the data compiled by the City and provide input under this task. Page 260 of 651 Mr. Gary Dunmyer, MBA, P.E. June 8, 2020 City of Boynton Beach 200887.00 Page 2 TASK 3 - PROJECT FUTURE GROWTH: The projection of future growth will evaluate the regional travel demand model vehicle miles of travel data. We plan to obtain model data from the TPA with the City’s assistance for the request, and obtain any data or studies available from local tourism officials and any studies related to redevelopment potential. The City will provide information from their own analyses and growth projections. TASK 4 - ESTABLISH STANDARDS: The establishment of area-wide roadway Level of Service (LOS) standards and / or multimodal Quality of Service (QOS) standards will be evaluated and used in planning efforts to identify multimodal improvements. TASK 5 - IDENTIFY MULTIMODAL IMPROVEMENTS: The basis for future funding sources are the multimodal transportation improvements adopted in the mobility plan. A table and accompanying maps of the proposed improvements will be developed by the City. The City shall select up to 25 improvements for inclusion in this project plan. Baxter & Woodman, Inc. and NUE will provide an example of the information that should be provided for the improvements and will provide review only of the improvements compiled by the City and provide input under this task. TASK 6 - MULTIMODAL IMPROVEMENT COST: The cost for the proposed multimodal improvements should be based on most recent and localized data as required by Florida Statute. The cost should include factors such as planning, design, right-of-way acquisition, utility relocation, streetscape and landscape, stormwater, construction and inspection. The estimated fee of services is based assuming an anticipated maximum number of 25 multimodal improvement projects. TASK 7 - ESTABLISH MULTIMODAL CAPACITIES: To ensure mobility improvements are adequate to accommodate future travel demand and new development is not charged more than its share, capacities will be established based upon established standards and professionally accepted practice. TASK 8 - DEVELOP A COMPLETE STREETS & MOBILITY PLAN: A Complete Streets & Mobility Plan will be developed based upon the task outlined above. The Complete Streets & Mobility Plan will include a map(s) of the multimodal improvements and a complete tabular list of multimodal improvements. The prioritization for funding and construction of multimodal improvements identified in the Mobility Plan will be established during the annual update of the Capital Improvements Plan. The City will prepare any final GIS maps to be included in the Comprehensive Plan. The complete streets & mobility plan will be incorporated into the combined mobility plan and mobility fee technical report. PHASE II – COMPLETE STREETS & MOBILITY IMPLEMENTATION PLAN TASK 9 - LEGAL REQUIREMENTS: The Complete Streets & Mobility Implementation Plan technical report will provide an in-depth review of the legal requirements. The Technical Report will also demonstrate that the Complete Streets & Mobility Implementation Plan meets the dual rational nexus test and roughly proportional test. Page 261 of 651 Mr. Gary Dunmyer, MBA, P.E. June 8, 2020 City of Boynton Beach 200887.00 Page 3 TASK 10 - FUTURE LAND USE MAP: A review of the future land use map will be conducted. This review will be used to establish a mobility fee schedule, mobility fee assessment area(s) and benefit district(s) that meet the statutory requirements. TASK 11 - MOBILITY FEE SCHEDULE: A Mobility Fee schedule will be developed based upon the evaluation of the future land use map, existing zoning and development patterns within the City, including any land uses or development patterns preferred by the City, such as mixed-use. TASK 12 - ESTABLISH ASSESSMENT AREA(S): The establishment of one or more assessment areas allow for the differentiation of rates based upon location (historic district) and/or development type (mixed-use). Assessment area(s) are based upon both existing zoning, historic districts, community redevelopment areas and future land uses. The establishment of assessment areas would be undertaken if the City desired to have Mobility Fees that varied by assessment area. The City shall prepare a final GIS Map showing any assessment areas that are established based on a geographic boundary. TASK 13 - ESTABLISH BENEFIT DISTRICT(S): The establishment of one or more benefit district(s) is used to ensure that funds collected from new development are expended in the district(s) in which they are collected to the “benefit” of the new development as required in the dual rational nexus test. Benefit district(s) are based upon existing travel patterns, the improvements identified in the Complete Streets & Mobility Plan and are usually based upon water bodies, major roads or physical barriers that impact travel. The City shall prepare a final GIS Map showing any benefit districts established. Increasingly, cities are electing to establish a single benefit district that encompasses the entirety of the City. TASK 14 - PERSON MILES OF TRAVEL (PMT) Factor: A person miles of travel (PMT) will be established to convert vehicle miles of travel to person miles of travel to account for multiple modes of travel within the City. The Person Miles of Travel is based upon data from the latest National Household Travel Survey Data, adjusted for local travel conditions. TASK 15 - PERSON MILES OF CAPACITY (PMC) RATE: A person miles of capacity (PMC) will be based upon the multimodal improvements, cost, multimodal capacities and future growth projections included in the Mobility Plan. TASK 16 - REVENUE ADJUSTMENTS: Case law requires that existing funding for multimodal improvements is factored into the Mobility Fee. Funding may include sales tax, gas tax, special assessments and grants that are reasonably available to fund the multimodal improvements. Funding adjustments are made utilizing whole dollar funding availability. TASK 17 - ESTABLISH TRAVEL LENGTHS: Travel lengths will be established by trip purpose based upon household travel survey data, adjusted for local conditions. Page 262 of 651 Mr. Gary Dunmyer, MBA, P.E. June 8, 2020 City of Boynton Beach 200887.00 Page 4 TASK 18 - BACKLOG EVALUATION: An evaluation of the existing transportation system will be undertaken based upon existing traffic to determine if there are existing system wide deficiencies. A backlog adjustment factor will be developed if it is found that there are deficiencies. The City will provide data to make this determination as part of Task 2. TASK 19 - CALCULATE THE MOBILITY FEE RATE: The Mobility Fee Rate will be based upon the PMC Rate, Funding Adjustments, and Backlog Factors. TASK 20 - DEVELOP A MOBILITY FEE SCHEDULE: The Mobility Fee Rate per land use is based upon the Mobility Fee rate multiplied by the PMT rate per land use. The Complete Streets & Mobility Implementation Plan Fee Schedule will account for any assessment area(s). TASK 21 - DEFINITIONS: The Complete Streets & Mobility Implementation Plan Technical Report will include any relevant definitions related to the Mobility Fee calculation and the land uses included in the Complete Streets & Mobility Implementation Plan Fee Schedule. TASK 22 - DEVELOP TECHNICAL REPORT: A technical report will be developed that includes Comprehensive Plan recommendations, the Mobility Plan and the methodology and data used to develop a Mobility Fee. TASK 23 - MEETINGS: This Scope includes a total of two (2) public meetings comprised of either workshops or hearings, with in-person attendance. A maximum of two (2) additional conference calls/virtual meetings are included. ENGINEERING FEE Our engineering fee for the above stated scope of services will be a lump sum of $84,875. Phase I - Complete Streets & Mobility Plan TASK 1 Transportation Plan Review $1,750 TASK 2 Data Collection $1,750 TASK 3 Project Future Growth $4,375 TASK 4 Establish Standards $4,375 TASK 5 Identify Multimodal Improvements $4,375 TASK 6 Multimodal Improvement Cost $5,250 TASK 7 Establish Multimodal Capacities $5,250 TASK 8 Develop a Mobility Plan $4,375 Phase I Subtotal $31,500 Page 263 of 651 Mr. Gary Dunmyer, MBA, P.E. June 8, 2020 City of Boynton Beach 200887.00 Page 5 Phase II - Complete Streets & Mobility Implementation Plan TASK 9 Legal Requirements $3,500 TASK 10 Future Land Use Map $1,750 TASK 11 Mobility Fee Schedule $3,500 TASK 12 Establish Assessment Areas $1,750 TASK 13 Establish Benefit Districts $1,750 TASK 14 Person Miles of Travel (PMT) Factor $2,625 TASK 15 Person Miles of Capacity (PMC) Rate $2,625 TASK 16 Revenue Adjustments $2,625 TASK 17 Establish Travel Lengths $2,625 TASK 18 Backlog Evaluation $2,625 TASK 19 Calculate the Mobility Fee Rates $4,375 TASK 20 Develop a Mobility Fee Schedule $4,375 TASK 21 Definitions $2,625 TASK 22 Develop a Technical Report $13,125 TASK 23 Meetings $3,500 Phase II Subtotal $53,375 The following are additional task that the City should consider preparing for and establishing a budget upon adoption of a plan and fee. The only additional task legally required would be an implementing ordinance. ADDITIONAL CONSIDERATIONS NOT COVERED IN SCOPE MOBILITY FEE ORDINANCE: The Mobility Fee Ordinance provides the legal basis to enact a Mobility Fee and allows the City to begin to assess new development for its multimodal travel impact. The City Attorney shall provide the Ordinance format, Ordinance title and legislative findings. NUE Urban Concepts would assist the City Attorney im development of the ordinance. COMPREHENSIVE PLAN UPDATE: Adoption of a mobility plan and mobility fee may require amendments to the Comprehensive Plan. In addition, the mobility plan may include recommendations for service standards and other mobility related policies that would need to be included in the Comprehensive Plan. The City would prepare Staff Reports and process the CPA. NUC will assist with these efforts. PARKING MANAGEMENT STRATEGIES: An evaluation of existing parking standards and design requirements will be undertaken. Parking Management Strategies to include shared parking, parking reductions for multimodal offsets, payment in lieu-of parking, and mobility hubs that create a park once environment will be evaluated. Recommendations for revisions to parking standards and design requirements, as well as parking management strategies will be prepared for inclusion in the Land Development Regulations. Page 264 of 651 Mr. Gary Dunmyer, MBA, P.E. June 8, 2020 City of Boynton Beach 200887.00 Page 6 BUILDING PERMIT INTEGRATION: The City does not currently charge an impact fee. The Permit system may need to be updated to allow for the collection of a Mobility Fee. Some permit systems are relatively simple and can be accommodated through simple look up tables and excel spreadsheets. Other permit systems are propriety and require coordination with third party venders to initiate updates. Permit clerks will need to be trained and a process established for quality control checks. The Building Permit Department is also the front-line interaction with the development community. There is oftentimes further outreach done with the development community and builders during the implementation stage. Florida Statute requires a minimum of 90 days between the adoption of a Fee Implementing Ordinance and collection of the Fee. FINANCE COORDINATION: Florida Statute requires that Mobility Fees be maintained in separate funding accounts to allow for annual auditing. In addition, there are legal requirements regarding the collection and expenditure of Mobility Fee funds and the ability to audit said expenditures. Coordination is required with Finance and Accounting and Budgeting Departments to ensure fund accounts are consistent with the adopted ordinance and Statutory requirements. ADMINISTRATION: The development of a Mobility Fee will require the identification of an individual or department responsible for day-to-day administration of the Fee and to address fee determinations, alternative studies, fee offsets, credits and possible challenges. Florida Statute allows local governments to develop a separate service charge to offset the cost of administration, implementation and update of the Mobility Fee. ADDITIONAL MEETINGS: The prepared scopes includes a total of two in person meetings. A separate Scope can be developed just to address meetings. This scope for additional meetings can be agreed to at a lump sum rate per meeting or based upon an approved hourly rate. SITE / MOBILITY IMPACT ANALYSIS REQUIREMENTS: While the City has already taken steps to eliminate transportation concurrency and does not require a traffic impact analysis, except for Planned Developments, the City may wish to consider developing site / mobility impact analysis requirements. These requirements address site related turn lanes, traffic control devices, trip generation, driveway design, access management, on-site and off-site multimodal improvements, internal circulation and parking. While these requirements can be included in Land Development Regulations, they are also provided as separate stand-alone requirements. COMPLETE STREETS DESIGN: The Mobility Plan and Fee Technical Report will not include complete streets design standards. There will be elements addressing Complete Streets, but specific recommendations for inclusion in the land development regulations are not included. The City may elect to establish Standards within its Land Development Regulations. ADMINISTRATIVE MANUAL: There are many day-to-day administrative items that arise in the assessment and collection of fees. Some local governments have developed an administrative manual to address these issues. The manual often includes forms, review fees for special request related to Page 265 of 651 Page 266 of 651 7.B. Consent Bids and Purchases over $100,000 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution No. R20-057 - approve and authorize the City Manager to sign an agreement and task order with Mc Govern Mc Donald Engineers for I ntegrated Financial and Engineering Utility Rate Model Upgrade for $358,707.00 and 3-y ears of as-needed Model Maintenanc e Services at $70,000/year for the remainder of the 3-y ear c ontrac t period. Total 3-y ear task order amount is $527,874.00. Explanation of R equest: On April 21, 2020 the Commission approved the ranking of firms responding to Request for Qualifications 008-2821-20/TP and authorized staff to conduct negotiations for c ompensation with the top ranked firm ac cording to Florida State Statute 287.55, C onsultants' Competitive Negotiation Ac t (C C NA). I n the last several years, the Utility D epartment has been very succ essful in realizing the vision to develop a utilities rate optimization model. P revious efforts included I mprovements to the model that helped improve speed, improve programming flexibility, and ac hieve better, faster data import and management capabilities. The model is used on a daily basis to help manage utility operations and cost and manage the C I P by ensuring rates to customers are fair and competitive. The Utility is now seeking to build upon this success and to upgrade the c urrent model features and functions into a fully integrated C I P engineering planning and rate-setting Utility Management Automation (UMATM) Model. The utilities to be included in the new UMATM Model are: W ater, W astewater, Recy cled Water, Stormwater, and the new Energy Utility. These new capabilities include: the ability to trac k c hanging water supply demands and wastewater flows, to develop optimized C I P Program sc enarios that reduce the financial risk of over or under-investing in capital facilities, to trac k and implement the latest cost-saving tec hnologies, and to predic t the need and timing of new facilities required to meet future regulations. A detailed scope of work and budget for these activities are attac hed to this item. How will this affect city programs or services? There are both engineering and financial benefits of these new c apabilities. On the engineering side, the Utility will have improved ability to respond to changing projections and to save money while better meeting service area demands, planning for new regulatory requirements, and addressing aging facilities. On the financial management side, B B U will be in a better position to achieve “just in time” projec t starts in order to avoid building too soon (or too late). This will keep C I P Program c osts to a manageable level. This will also allow better optimization of operating budgets by investing in the latest cost-saving proc esses and equipment providing stable minimum reserve levels. Fiscal Impact: Budgeted 403-5000-536-31.90 (model development) 401-2821-536-49.17 (software maintenance) Page 267 of 651 Alternatives: Not approve the Contract and Task Order. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving Agreement with Mc Govern Mc Donald and Task Order Contract Contract - 3 Yr. term Task Order UMA Upgrade S cope of work Task Order UMA model Maintenance sc ope of work Task Order UMA upgrade detailed budget Exhibit Sc hedule for UMA Model upgrade Page 268 of 651 S:\CA\RESO\Agreements\Agreement with McGovern McDonald Engineers - Reso.docx RESOLUTION NO. R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THE CITY 4 MANAGER TO SIGN AN AGREEMENT AND TASK ORDER 5 WITH MCGOVERN MCDONALD ENGINEERS, INC., FOR 6 INTEGRATED FINANCIAL AND ENGINEERING UTILITY 7 RATE MODEL UPGRADE FOR $358,707.00 AND 3-YEARS OF 8 AS-NEEDED MODEL MAINTENANCE SERVICES AT 9 $70,000.00 PER YEAR FOR THE REMAINDER OF THE 3-YEAR 10 CONTRACT PERIOD FOR A TOTAL 3-YEAR TASK ORDER 11 AMOUNT OF $527,874.00; AND PROVIDING AN EFFECTIVE 12 DATE. 13 14 WHEREAS, on April 21, 2020 the Commission approved the ranking of firms 15 responding to Request for Qualifications 008-2821-20/TP and authorized staff to conduct 16 negotiations for compensation with the top ranked firm according to Florida State Statute 17 287.55, Consultants' Competitive Negotiation Act (CCNA); and 18 WHEREAS, in the last several years, the Utility Department has been very 19 successful in realizing the vision to develop a utilities rate optimization model. Previous 20 efforts included Improvements to the model that helped improve speed, improve 21 programming flexibility, and achieve better, faster data import and management 22 capabilities; and 23 WHEREAS, the Utility Department is now seeking to build upon this success and 24 to upgrade the current model features and functions into a fully integrated CIP engineering 25 planning and rate-setting Utility Management Automation (UMATM) Model with the 26 utilities to be included in the new UMATM Model are: Water, Wastewater, Recycled 27 Water, Stormwater, and the new Energy Utility; and 28 WHEREAS, the City Commission of the City of Boynton Beach upon 29 recommendation of staff, deems it to be in the best interest of the citizens and residents to 30 approve and authorize the City Manager to sign an Agreement and task order 31 with McGovern McDonald Engineers for Integrated Financial and Engineering Utility 32 Rate Model upgrade for $358,707.00 and 3-years of as-needed Model Maintenance 33 Services at $70,000/year for the remainder of the 3-year contract period. Total 3-year task 34 order amount is $527,874.00. 35 36 37 Page 269 of 651 S:\CA\RESO\Agreements\Agreement with McGovern McDonald Engineers - Reso.docx NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 38 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 39 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 40 as being true and correct and are hereby made a specific part of this Resolution upon 41 adoption. 42 Section 2. The City Commission of the City of Boynton Beach, Florida, 43 hereby approves and authorizes the City Manager to sign an Agreement and task order 44 with McGovern McDonald Engineers for Integrated Financial and Engineering Utility 45 Rate Model upgrade for $358,707.00 and 3-years of as-needed Model Maintenance 46 Services at $70,000/year for the remainder of the 3-year contract period. Total 3-year task 47 order amount is $527,874.00, a copy of the Agreement and Task Order are attached hereto 48 and incorporated herein as Exhibit “A” and “B” respectively. 49 Section 3. That this Resolution shall become effective immediately. 50 PASSED AND ADOPTED this _____ day of June, 2020. 51 CITY OF BOYNTON BEACH, FLORIDA 52 YES NO 53 54 Mayor – Steven B. Grant _____ _____ 55 56 Vice Mayor – Ty Penserga _____ _____ 57 58 Commissioner – Justin Katz _____ _____ 59 60 Commissioner – Woodrow L. Hay _____ _____ 61 62 Commissioner – Christina L. Romelus _____ _____ 63 64 VOTE ______ 65 ATTEST: 66 67 _____________________________ 68 Crystal Gibson, MMC 69 City Clerk 70 71 72 (Corporate Seal) 73 Page 270 of 651 Page 271 of 651 Page 272 of 651 Page 273 of 651 Page 274 of 651 Page 275 of 651 Page 276 of 651 Page 277 of 651 Page 278 of 651 Page 279 of 651 Page 280 of 651 Page 281 of 651 Page 282 of 651 Page 283 of 651 City of Boynton Beach Utilities McGovern McDonald Engineers Integrated Financial and Engineering Utility Rate Model Update and Maintenance Support Services SCOPE OF WORK May 30, 2020 INTRODUCTION The City of Boynton Beach Utilities (BBU) Department owns, maintains, and operates four water-related utilities (water, wastewater, recycled water, and stormwater). In addition, BBU owns and has responsibility for managing a solid waste utility. They are also in the formation stages of a new energy utility that will be implemented in the foreseeable future. The BBU Department develops rates and charges for all their utilities on an annual basis. In addition, BBU continuously conducts engineering planning studies to update the need and timing of capital projects to meet their overall obligations to maintain reliability, meet existing and future regulatory requirements, and to accommodate planned growth. In the last several years, the BBU Department has been very successful in realizing their vision to develop a utilities management optimization model. This includes Improvements to the model that helped improve speed, improve programming flexibility, and achieve better, faster data import and management capabilities. The BBU Management Team is now seeking to build upon this success and to update the current model features and functions into a fully integrated CIP engineering planning and rate-setting Management Automation (UMATM) Model. The utilities to be included in the new UMATM Model are: 1) Water, 2) Wastewater, 3) Recycled Water, 4) Stormwater, and the new 5) Energy Utility. PROJECT GOALS AND OBJECTIVES The UMATM Model will be customized to monitor and to predict future changes in the “drivers” that set the need and timing of capital projects. These new capabilities include: 1) the ability to track changing water supply demands and wastewater flows, 2) to develop optimized CIP Program scenarios that reduce the financial risk of over- or under-investing in capital facilities, 3) to track and implement the latest cost-saving technologies, and 4) to predict the need and timing of new facilities required to meet future regulations. There are both engineering program and financial benefits of these new capabilities. On the engineering side, BBU will have improved ability to respond to changing projections and to save money while better meeting service area demands, planning for new regulatory requirements, and addressing aging facilities. On the financial management side, BBU better achieve “just in time” project starts in order to stay manage building too soon (or too late) to keep CIP Program costs manageable; to better optimize operating budgets by investing in the latest cost-saving processes Page 284 of 651 and equipment; and to better manage minimum reserve levels targets. The following are the major tasks and deliverables for development of the updated Integrated Financial and Engineering Utility Rate Model. SCOPE OF WORK The UMATM Model will run scenarios that fully integrate the CIP Program capital expenditures with annual O&M and budget costs and compute projected user rates and charges over a 20-year planning horizon. Also, the Model will allow for continuously updating and shifting planned project start dates based on the latest in engineering performance data, regulatory requirements, and financial assumptions. The following are the tasks required to fully integrate the engineering and financial disciplines: 1. Establish CIP Project Design Basis, Linkages, & Timing. This task is to develop the initial master-planning project sizing and design criteria for anticipated CIP projects over the 20-year planning horizon. This will serve as the first step to automating the timing of future projects. The design criteria (and resulting process/asset capacities) will be compared in the model runs against the projected flows, loadings, regulatory requirements, and R&R needs to identify the need and timing of future projects. 1.1. Develop Basis of Design & Engineering Linkages for CIP Projects. Summarize the Basis of Design for the major unit operations at the two BBU water treatment plants (source data from previous designs). Complete a review of existing mass and energy balances for each of the major unit operations. (Mass and energy balances to be provided by BBU, if available). If required, complete a planning-level mass and energy balance sufficient for assigning project start dates. Identify the required sequencing (and associated project linkages) for implementing the current CIP projects. Develop standard input formats for entry of future CIP Projects into the UMATM Model. 1.2. Develop Project Timing Algorithms. Develop engineering calculations and algorithms to be used by the model to set the “just in time” start date of projects needed for capacity, regulatory, and/or reliability (R&R) reasons. 2. Engineering Optimization of Rates/CIP Program. There are several objectives to be completed with this task. The first is to develop the overall “back-end design” and computations for the major algorithms for the UMATM Model. Decision trees and entity relationship diagrams (ERD) will be employed to create and link required data with the computational algorithms. Excel will be used to mock-up and test them before hard coding, as needed. Second, the “front-end” user interface will also be developed with this task. The focus will be on overall user experience: simplicity, workflow, and speed. Major subtasks include: 2.1. Develop Master-Planning Algorithms. This includes developing algorithms that automatically “drive” the identification, need, and timing of new CIP projects. These “drivers” are: 1) increasing population, 2) future regulatory requirements, and 3) aging infrastructure (which drives repair and Page 285 of 651 replacement requirements for reliability), and 4) the adoption of new, more efficient technologies that improve performance and reduce costs. 2.2. Develop Optimum Project Linkages, Sizing, and Timing Algorithms. Connect and link projects so that a change in one reflects a change in projects that are impacted by one another. Identify the workflow and key master-planning decisions that must be coded to incorporate the functionality for automating the need, size, and timing of projects. Design the user interface to add flexibility to smoothly incorporate and fully integrate this master-planning and project development feature. 2.3. Develop Integrated Engineering and Financial Reporting Algorithms. Develop concept designs and approaches for implementing improvements and new programming and functionality to the UMATM Model. These new features and functionalities may include: • Fixed and Variable Cost Allocations. The ability to make changes in the allocations of costs to include separate allocations for fixed and variable costs for existing and new treatment process. • Pass Through Adjustments. This includes the ability to more easily identify and adjust “pass thru” increases for power costs and consumables that are outside the control of BBU. • 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. 2.4. Engineering Integration Workshop. Conduct a Workshop with BBU management team and staff to review the findings and conclusions of the above engineering integration subtasks. These will include live demonstrations of concepts and work-in-progress for review. 3. Financial Optimization of Rates/CIP Program. This task has three major objectives: 1) to link the engineering master-planning project need and timing with the estimated project and O&M costs side of the UMATM Model, 2) to develop the initial Prototype of the UMATM Model for review and testing, and 3) to develop a Final Working UMATM Model. The Prototype will be “buggy” and will not have full functionality. The focus will be on the user experience to refine the front- end design, dashboards, and model reporting functionality. It will serve to demonstrate the look and feel of key features of the Model. The Prototype will be demonstrated with BBU staff and review comments and feedback will be incorporated in the subsequent Working Model. 3.1. Linking Engineering with Financial Data for Integrated Master Planning Projections. Develop linkages between the engineering master-planning project need and timing with the estimated project and O&M costs side of the UMATM Model. 3.2. Develop Prototype Model. Develop a draft prototype of the UMATM Model. Provide coding design and development of the Prototype, including the “front end” user interface and the “back end” database and computational engine for the model. Review with BBU staff to solicit feedback and comments. The Page 286 of 651 Prototype Version will serve as the basis for the development of the Working Model. It is anticipated that a number of versions of the Prototype will be developed to arrive at the Working Model. 3.3. Develop Working Model (Draft and Final). Incorporate BBU staff review comments on earlier versions of the Prototype Model and submit a Draft Working - UMATM Model for review. Demonstrate the Draft Working Model to BBU Management and Staff. Put the Draft Working UMATM Model through a calibration and verification assessment, as well as in internal QA/QC review before submitting a Final Working - UMATM Model. 4. Staff Training & Tutorials. The purpose of this task is to develop an electronic Quick Start Guide, and to conduct training for BBU staff in operating the UMATM Model. 4.1. “Quick Start” Guide. Develop a “Quick Start” Guide that provides a step- by-step start-up sequence, and answers to commonly asked questions. Submit a draft to the BBU for review. Incorporate comments and submit a final Quick Start Guide. 4.2. Staff Training. Provide two four-hour (4-hr) training sessions scheduled at two separate times on the features and functions of the model to BBU staff. This session will be recorded for future reference and use by BBU staff. 5. Executive Summary & Presentation. The purpose of this task is to document the model design and to provide a summary presentation to demonstrate the model and its features to a layperson audience. 5.1. Executive Summary. Provide a high-level written narrative summary of the UMATM Model design intent, model structure and workflow, major assumptions, and key features and functionality of the model. 5.2. Summary Pitch Deck Presentation. Develop a PowerPoint graphical presentation summarizing the features and benefits of the new UMATM Model 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. Project Management. Monthly progress reports, tracking and managing the budget variance based on actual versus budgeted, maintaining the overall schedule, and coordination of subconsultants. This includes on-going coordination of team, drive for innovation, and creation of “work around” solutions to achieve project goals. Maintain budget, schedule, overall QA/QC, and assure responsiveness to the City. 6.1. Maintain project quality, budget, schedule, and communications. Submit monthly progress reports that summarize the work completed to-date versus the budget expended to-date and highlight any major issues and or trends in budget and/or schedule that require corrective actions. 6.2. Conduct Project Meetings/Workshops (5 meetings). The MME project team will hold periodic project Working Sessions to present progress and work products, and to solicit feedback from BBU Management and Staff. Up Page 287 of 651 to five (5) sessions are budgeted for up to two (2) hours each. This will be net-meetings (Zoom or equivalent). Page 288 of 651 City of Boynton Beach Utilities Integrated Financial and Engineering Utility Rate Model Update Maintenance Support Services SCOPE OF SERVICES May 30, 2020 INTRODUCTION The City of Boynton Beach Utilities (BBU) Department owns, maintains, and operates four water utilities (water, wastewater, recycled water, and stormwater), as well as the Solid Waste Utility, and the new Energy Utility. The BBU Management Team has developed a new Utility Management Automation (UMATM) Model. The utilities included in the Utility Management Automation (UMATM) Model are Water, Wastewater, Recycled water, Stormwater, and new Energy Utility. he UMATM Model links and fully integrates the critical engineering and financial management decisions for future rate-setting projections for the utilities. The BBU Management Team desires to use this approach to improve model performance and speed, to provide improved access by staff while also maintaining version control, and to reduce maintenance of software and hardware costs. This together with real-time financial and budgeting linkages will allow for setting the optimum timing of projects for a wide range of potential future scenarios. The design features of the UMATM Model provides benefits of speed, user access, security, and ease of updating. The following tasks are for on-going operating support and maintenance services for the UMATM Model for the remainder of the initial 3-year term of the contract with McGovern McDonald Engineers (MME). This will provide for on-going optimization and development services needed to establish the optimum capacity fees and user rates. SCOPE OF SERVICES TASKS 1. MAINTENANCE AND SUPPORT SERVICES The purpose of the following tasks is to provide engineering and user support services to BBU staff for maintenance of the UMATM Model. The maintenance agreement shall begin upon completion and the date of acceptance of the final UMATM Model and will continue for 29-months of the remaining initial 3-year contract period (36 months less the 7-month Model development period). The annual budget for the on-going maintenance services is $70,000, for a total of budget of $169,167 for the initial 29-mo maintenance agreement. These services shall include: Page 289 of 651 • Algorithm Updates. All computations and algorithm updates will be provided free of charge during the life of this Maintenance Agreement, as will programming support services to assure that the new software is compatible with prior versions. • Improvements to Existing Functionality. Provide on-going technical support and on-call services for troubleshooting and “work around” operating solutions, incorporating staff requests for improvements to the model functionality and existing features. • Addition of New Features and Functions. At the request or BBU staff provide for the addition of new features and functionality to the Model. • Staff Training. Provide supplemental staff training and support in the operation of the Model, as requested. Page 290 of 651 Task No.Task Description P SE PE E UX SII ST WP Total Hours Labor Cost Travel Total Cost 249$ 215$ 196$ $184 239$ 215$ $158 $95 1 CIP Project Design Basis, Linkages, & Timing 1.1 Develop Basis of Design & Engineering Linkages for CIP Projects 4 32 40 16 92 19,540$ 19,540$ 1.2 Develop Project Timing Algorithms 4 24 32 12 72 15,296$ 15,296$ 2 Engineering Optimization of Rates/CIP Program 2.1 Develop Master-Planning Algorithms 4 24 24 16 32 24 124 26,612$ 26,612$ 2.2 Program Optimum Project Linkages, Sizing, and Timing Algorithms 4 24 16 16 24 60 144 30,872$ 30,872$ 2.3 Develop Integrated Engineering & Financial Reporting Algorithms 4 40 24 16 16 32 132 27,948$ 27,948$ 2.4 Engineering Integration Workshop 16 24 24 12 76 16,716$ 4,150$ 20,866$ 3 Financial Optimization of Rates/CIP Program 3.1 Linking Master-Planning Engineering & Financial Data 4 40 24 48 48 164 36,092$ 36,092$ 3.2 Develop Prototype Model 4 24 24 16 80 120 268 58,724$ 58,724$ 3.3 Developing Working Model (Draft, Final)16 16 4 96 156 288 64,692$ 64,692$ 4 Staff Training & Tutorials 4.1 Quick-Start Guide 2 4 16 16 8 46 7,782$ 7,782$ 4.2 Staff Training Sessions 2 8 32 16 58 10,010$ 10,010$ 5 Executive Summary & Presentation 5.1 Executive Summary (Draft, Final) 2 4 40 4 50 10,154$ 10,154$ 5.2 Summary Presentation 2 4 8 32 4 16 66 12,298$ 12,298$ 6 Project Management 6.1 Maintain Quality, Budget, Schedule, and Communications 12 12 24 5,568$ 3,100$ 8,668$ 6.2 Conduct Project Meetings (5 meetings)12 15 15 42 9,153$ 9,153$ TOTALS 92 295 323 96 344 440 32 24 1646 351,457$ 7,250$ 358,707$ Legend P Chief, Principal Engineer (Project Manager)SI Software Engineer I SE Sr. Project Engineer UX Chief UX/UI Designer PE Project Engineer ST Sr. CADD Technician E Engineer WP Word Processing/Graphics SII Software Engineer II May 30, 2020 Integrated Financial and Engineering Utility Rate Model Update CITY OF BOYNTON BEACH UTILITIES LABOR AND BUDGET ESTIMATE and Maintenance Support Services McGovern McDonald Engineers Page 291 of 651 Task No.1 2 3 4 5 6 7 1 Visioning/Model Working Sessions 1.1 Prepare, Participate & Facilitate Working Sessions (6) 1.2 Develop Minutes of Working Sessions (6) 2 Develop Prototype 2.1 Master-Planning Algorithms & CIP Automation 2.2 Develop Project, Engineering, and Financial Linkages 2.3 New Features and Functionality 2.4 Develop Draft Prototype 3 Beta-Version 3.1 Develop Beta-Version/Integrate New Algorithms 4 Working Model Development & Calibration 4.1 Develop Draft Working Model (UX/UI Design & "Back End") 4.2 Calibration/Verification of Model 4.3 Develop Final Working Model (v1.xx) 5 Staff Training & Tutorials 5.1 Quick Start Guide Development 5.2 Staff Training Sessions 6 Documentation and Summary Presentation 6.1 UMATM Model Documentation 6.2 Summary Presentation 7 Project Management 7.1 Maintain Quality, Budget, Schedule, and Communications 7.2 Monthly Progress Reports Notes: (1) Assuming Notice to Proceed no later than June 1st 2020. Month from Notice to Proceed(1) Task Description SCHEDULE CITY OF BOYNTON BEACH Integrated Financial and Engineering Utility Rate Model Update and Maintenance Support Services May 5, 2020 1 2 3 4 5 6 Page 292 of 651 7.C. Consent Bids and Purchases over $100,000 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Approve the one-y ear extension for RF Ps/B ids and/ or piggy-backs for the procurement of servic es and/or commodities as desc ribed in the written report for J une 16, 2020 - "Request for Extensions and/or Piggy backs Over $100,000." Explanation of R equest: As required, the Financ e/Procurement D epartment submits requests for award to the C ommission; requests for approval to enter into c ontrac ts and agreements as the result of formal solic itations; and to piggy-bac k governmental contracts. Options to extend or renew are noted in the “Agenda Request I tem” presented to Commission as part of the initial approval proc ess. Proc urement seeks to provide an acc urate and effic ient method to keep the C ommission informed of pending renewals and the anticipated expenditure by reduc ing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). V E N D O R(S )D ESC R IP T IO N O F S O LIC ITAT IO N S O LIC ITAT IO N N U MB ER R E N E W AL T E R M AMO U N T Bill2Pay Bill Printing, Mailing and Elec tronic Bill Presentment and Payment 074-2821-15/K TR August 1, 2020 to J uly 31, 2021 $350,000 CareATC Employ ee Health C enter Administration 037-1610-16/J MA August 1, 2020 to J uly 31, 2021 $ 618,750 How will this affect city programs or services? This renewal report will be used for those solic itations, c ontrac ts/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 solic itations to be issued. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Page 293 of 651 Is this a grant? G rant Amount: AT TAC H ME N TS : Type Description Addendum RE QUE S T F OR B I D E X TE NS I ONS Over $100K 6-16-20 Addendum Renewal I nterest Letter Signed - Bill2Pay Addendum CareATC Renewal Letter Signed 5-27-20 Page 294 of 651 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 June 16, 2020 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Joseph Paterniti TERM: August 1, 2020 to July 31, 2021 SOURCE FOR PURCHASE: City Bid No. 074-2821-15/KTR ACCOUNT NUMBER: 401-2825-536-49-17 VENDOR(S): Bill2Pay ANNUAL ESTIMATED EXPENDITURE: $350,000 DESCRIPTION: Award of the current Bill Printing, Mailing, and Electronic Bill Presentment and Payment contract to Bill2Pay was approved at the 4/19/16 City Commission Meeting and is for a three (3) year term that ended on July 31, 2019 with an option to renew for five (5) one-year terms. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for August 1, 2020 thru July 31, 2021, the second renewal of five renewal periods. REQUESTING DEPARTMENT: Human Resources DEPARTMENT CONTACT: Julie Oldbury TERM: August 1, 2020 thru July 31, 2021 SOURCE FOR PURCHASE: City Bid No. 037-1610-16/JMA ACCOUNT NUMBER: 522-1710-519-31-21 VENDOR(S): CareATC ANNUAL ESTIMATED EXPENDITURE: $618,750 DESCRIPTION: Award of the current Employee Health Center Administration contract to CareATC was approved at the 8/16/16 City Commission Meeting and is for a forty two month term that ends on July 31, 2020 with an option to renew for two (2) one-year terms. The vendor has agreed to renew the existing agreement with the same Terms and Conditions for August 1, 2020 thru July 31, 2021, the first renewal of two renewal periods. Page 295 of 651 Page 296 of 651 The City of Boynton Beach America͛s GateǁaLJ to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 May 27, 2020 Greg Bellomy, CEO CareATC, Inc. 4500 S 129th E Ave. Ste. 191 Tulsa, OK 74134 VIA E-MAIL TO: gregbellomy@careatc.com BID: EMPLOYEE HEALTH CENTER ADMINISTRATION BID NO. 037-1610-16/JMA CURRENT AGREEMENT TERM: AUGUST 1, 2019 THRU JULY 31, 2020 Dear Mr. Bellomy: The current agreement term for ³EMPLOYEE HEALTH CENTER ADMINISTRATION´ DZDUGHG WR CareATC expires July 31st. We have been very happy with CareATC. The agreement documents allow for two (2) more one-year extensions 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 comas@bbfl.us at your soonest convenience. If you should have any questions, please do not hesitate t o call Skender Coma at (561) 742-6308. Sincerely, Randy Wood ., CPPB Purchasing Manager Financial Services Page 297 of 651 The City of Boynton Beach America͛s GateǁaLJ to the Gulf Stream Finance/Procurement Services P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 FAX: (561) 742-6316 May 27, 2020 BID: EMPLOYEE HEALTH CENTER ADMINISTRATION BID NO. 037-1610-16/JMA Agreement between the City of Boynton Beach and CAREATC: RENEWAL TERM: AUGUST 1, 2020 THRU JULY 31, 2021 __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) _____________________ ____________________________________________________________________________ ____________________________________________________________________________ CAREATC ___________________________________ ___________________________________ NAME OF COMPANY SIGNATURE Greg Bellomy Chief Executive Officer ___________________________________ ___________________________________ NAME OF REPRESENTATIVE TITLE (please print) May 27th, 2020 (918) 947-6664 ___________________________________ ___________________________________ DATE (AREA CODE) TELEPHONE NUMBER ___________________________________ E-MAIL Page 298 of 651 7.D. Consent Bids and Purchases over $100,000 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution No. R20-058 - A pprove piggy backing the US Communities C ontrac t 15-J L P-023 between Trane and Harford County Public Sc hools, MD., and authorize the City Manager to sign a piggy backing agreement. Approve issuance of a purc hase order for a 400 Ton (T) Trane Chiller at a c ost of $154,960 and a purc hase order for installation of the new unit and associated costs at a cost of $175,916 for a total value of $330,876. The US c ommunities Contract 15-J L P-023 satisfies the City's competitive bid requirements. Explanation of R equest: I n September of 2019 Commission approved the purc hase and installation of a used 350T swing c hiller for the District Energy S ystem (D E S) to provide limited energy through the summer of 2020 while the construction of the private development on the south parcel was c ompleted. The unit purchased was a used unit at a greatly disc ounted pric e because of the anticipated short term need for a smaller unit. Unfortunately , the c onstruction schedule for the private development has slipped and based on the new anticipate schedule, the used chiller is not adequate to provide the required energy to the new public buildings. The third chiller unit was required bec ause the plant was originally designed around the c onstruc tion schedule for the Town Square project, including both the public and private developments. The larger 1,500T chillers are not able to operate at the lower total demand profile of the public buildings, C ity Hall, Fire Station #1 and the Cultural C enter, without additional customers. Sinc e that decision, there have been further delay s in the private development with no firm commitment on the completion time for any of the planned buildings. C onsequently, it has become necessary to realign the medium term plans for D E S operations to meet this reality. The proposed projec t will make use of the infrastruc ture installed with the older 350T c hiller, including the mechanical piping and the electric al systems, and replac e the unit with a new 400T unit. C redit is being provided for the existing unit. The new unit will be more effic ient with lower power c onsumption and will require considerably less maintenance. At the same time, special taps will be installed in the c ooling water piping loop to provide c onnections for emergency standby c hillers in the event of a sy stem failure until such time as the large 1500T chillers can be operated. This emergency sy stem will also be used during the installation period when the old unit is removed. How will this affect city programs or services? This work will allow the D E S to provide reliable service to the new City buildings until suc h time as suffic ient additional loading comes on line with the delay ed investments. Fiscal Impact: Non-budgeted Funding will be redirected from within the currently appropriated C I P funding. This project will eliminate the need for over $100K in major maintenance expenditures on the older temporary chiller. Page 299 of 651 Alternatives: D o not install the new unit and taps and risk extended periods without HVAC in the new city buildings. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving piggy-bac k of Trane for Chiller Agreement Piggy back Agreement Attachment Trane New Chiller P roposal Addendum Trane Chiller I nstal Addendum Trane US Communities Contract Addendum US Communities RFP 15-J LP-023 Addendum Contract Renewal 1 Addendum Contract Renewal 2 Page 300 of 651 S:\CA\RESO\Agreements\Piggy-back - with Trane and Hartford (400 Ton Trane Chiller) - Reso.docx RESOLUTION NO. R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING THE PIGGY-BACK OF THE US COMMUNITIES 4 CONTRACT 15-JLP-023 BETWEEN TRANE AND HARFORD 5 COUNTY PUBLIC SCHOOLS, MD., AND AUTHORIZE THE CITY 6 MANAGER TO SIGN A PIGGYBACKING AGREEMENT; 7 APPROVE ISSUANCE OF A PURCHASE ORDER FOR A 400 TON 8 (T) TRANE CHILLER AT A COST OF $154,960 AND A PURCHASE 9 ORDER FOR INSTALLATION OF THE NEW UNIT AND 10 ASSOCIATED COSTS AT A COST OF $175,916 FOR A TOTAL 11 VALUE OF $330,876; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, in September, 2019 the City Commission approved the purchase and 15 installation of a used 350T swing chiller for the District Energy System (DES) to provide 16 limited energy through the summer of 2020 while the construction of the private development 17 on the south parcel was completed; and 18 WHEREAS, the unit purchased was a used unit at a greatly discounted price because 19 of the anticipated short term need for a smaller unit and not adequate to provide the required 20 energy to the new public buildings; and 21 WHEREAS, the proposed project will make use of the infrastructure installed with the 22 older 350T chiller, including the mechanical piping and the electrical systems, and replace the 23 unit with a new 400T unit which will be more efficient with lower power consumption and 24 will require considerably less maintenance and at the same time, special taps will be installed 25 in the cooling water piping loop to provide connections for emergency standby chillers in the 26 event of a system failure until such time as the large 1500T chillers can be operated; and 27 WHEREAS, the City Commission of the City of Boynton Beach, upon the 28 recommendation of staff, deems it in the best interest of the citizens and residents of the City 29 of Boynton Beach to approve the piggy-back of the US Communities Contract 15-JLP-023 30 between Trane and Harford County Public Schools, MD., and authorize the City Manager to 31 sign a piggybacking agreement; Approve issuance of a purchase order for a 400 Ton (T) Trane 32 Page 301 of 651 S:\CA\RESO\Agreements\Piggy-back - with Trane and Hartford (400 Ton Trane Chiller) - Reso.docx Chiller at a cost of $154,960 and a purchase order for installation of the new unit and associated 33 costs at a cost of $175,916 for a total value of $330,876. 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 35 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 36 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being 37 true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 38 Section 2. The City Commission of the City of Boynton Beach hereby approves 39 the piggy-back of the US Communities Contract 15-JLP-023 between Trane and Harford 40 County Public Schools, MD., and authorize the City Manager to sign a piggybacking 41 agreement; approves issuance of a purchase order for a 400 Ton (T) Trane Chiller at a cost of 42 $154,960 and a purchase order for installation of the new unit and associated costs at a cost of 43 $175,916 for a total value of $330,876. A copy of the piggy-back Contract is attached hereto 44 as Exhibit “A”. 45 Section 3. That this Resolution shall become effective immediately upon passage. 46 PASSED AND ADOPTED this _____ day of June, 2020. 47 CITY OF BOYNTON BEACH, FLORIDA 48 YES NO 49 Mayor – Steven B. Grant _____ _____ 50 51 Vice Mayor – Ty Penserga _____ _____ 52 53 Commissioner – Justin Katz _____ _____ 54 55 Commissioner – Woodrow L. Hay _____ _____ 56 57 Commissioner – Christina L. Romelus _____ _____ 58 59 ATTEST: VOTE ______ 60 61 _____________________________ 62 Crystal Gibson, MMC 63 City Clerk 64 65 (Corporate Seal) 66 Page 302 of 651 Page 1 PIGGYBACK AGREEMENT REFERENCEC:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\1121EBA1-5B78-4F3E-99A7- 36138B7FBEFE\Boynton Beach.21392.1.DRAFT_PIGGYBACK_TRANE_CONTRACT_REV_6-09-20_RW.Docx AGREEMENT FOR INSTALLATIONOF A 400 TON CHILLER This Agreement is made as of this ____ day of __________, 2020 by and between TRANE, a U.S. Communities and National IPA (both wholly-owned subsidiaries of OMNIA Partners) with a principal address 800-B Beaty Street Davidson, NC 28036 and THE CITY OF BOYNTON BEACH, a Florida municipal corporation, with a mailing address of Post Office Box 310, Boynton Beach, FL 33425 (the “City”). RECITALS WHEREAS, in order to maintain the utilities facilities to the public, the Utilities Department is requesting the City enter into an Agreement with TRANE to perform installation of a 370 Ton Chiller; and WHEREAS, TRANE, has agreed to allow the City to piggy-back the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. , a U.S. Communities and National IPA (both wholly-owned subsidiaries of OMNIA Partners Agreement pursuant to to provide installation of a 370 Ton Chiller in the amount of $_____________ commencing INSERT DATE; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and TRANE agree that TRANE shall provide installation of a 400 Ton Chiller in the amount of $________ based on installation of a 370 Ton Chiller commencing INSERT DATE, a copy of which is attached hereto as Exhibit “A”, except as hereinafter provided: A. All references to the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. shall be deemed as references to the City of Boynton Beach. B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Page 303 of 651 Page 2 PIGGYBACK AGREEMENT REFERENCEC:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\1121EBA1-5B78-4F3E-99A7- 36138B7FBEFE\Boynton Beach.21392.1.DRAFT_PIGGYBACK_TRANE_CONTRACT_REV_6-09-20_RW.Docx Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954) 771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida’s Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY’s custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor’s possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY’s custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK Page 304 of 651 Page 3 PIGGYBACK AGREEMENT REFERENCEC:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\1121EBA1-5B78-4F3E-99A7- 36138B7FBEFE\Boynton Beach.21392.1.DRAFT_PIGGYBACK_TRANE_CONTRACT_REV_6-09-20_RW.Docx 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA, 33426 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 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. EXECUTION OF THE AGREEMENT. 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. Section 3. In the event that the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. is amended, or terminated, Trane shall notify the City within ten (10) days. In the event the Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated, until specifically amended or terminated by the parties hereto. Section 4. TRANE agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges or costs, which the City determines to be more favorable Page 305 of 651 Page 4 PIGGYBACK AGREEMENT REFERENCEC:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\1121EBA1-5B78-4F3E-99A7- 36138B7FBEFE\Boynton Beach.21392.1.DRAFT_PIGGYBACK_TRANE_CONTRACT_REV_6-09-20_RW.Docx than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 5. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 6. In all other aspects, the terms and conditions of the Trane Contract Number: 15- JLP-023 with Harford County Public Schools, MD. are hereby ratified and shall remain in full force and effect under this Contract, as provided by their terms. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. ATTEST: CITY OF BOYNTON BEACH, FLORIDA By:_________________________________ ___________________________________ City Clerk APPROVED AS TO FORM: ___________________________________ Lori LaVerriere, City Manager James A. Cherof, City Attorney WITNESSES: TRANE ____________________________________ BY:_________________________________ Print Name: ____________________________________ Title: _________________________ ATTEST: ____________________________________ SECRETARY Page 306 of 651 Page 5 PIGGYBACK AGREEMENT REFERENCEC:\Program Files (X86)\Neevia.Com\Docconverterpro\Temp\NVDC\1121EBA1-5B78-4F3E-99A7- 36138B7FBEFE\Boynton Beach.21392.1.DRAFT_PIGGYBACK_TRANE_CONTRACT_REV_6-09-20_RW.Docx EXHIBIT A Trane Contract Number: 15-JLP-023 with Harford County Public Schools, MD. , a U.S. Communities and National IPA (both wholly-owned subsidiaries of OMNIA Partners Agreement) Page 307 of 651 Boynton Beach CEP August 9, 2019 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 1 of 5 Prepared For: All Bidders Date: June 4, 2020 Proposal Number: H4-144120-10 Job Name: Boynton Beach CEP 208 NE 1st Street BOYNTON BEACH, FL 33435 Delivery Terms: Freight Allowed and Prepaid - F.O.B. Factory Payment Terms: Net 30 Days Trane U.S. Inc. is pleased to provide the following proposal for your review and approval. Tag Data - Centrifugal Chiller Water-Cooled Agility (Qty: 1) Item Tag(s) Qty Description Model Number B1 CH-3 1 Centrifugal Chiller Water-Cooled Agility HDWA0400 Product Data - Centrifugal Chiller Water-Cooled Agility Item: B1 Qty: 1 Tag(s): 400T Centrifugal water cooled high speed direct drive Startup Included - Trane Service must start equipment for warranty to be honored 400 tons Incoming line voltage: 480 volt Uncoated tubesheet and waterbox Condenser/Evaporator waterbox pressure: 150 psig (1034 kPa) Condenser/Evaporator water box construction: Standard Condenser/Evaporator water box passes: Two pass Condenser/Evaporator waterbox type: Non-marine Condenser/Evaporator waterbox arrangement: in LH end - out LH end Condenser/Evaporator waterbox connection: Victaulic Thermal dispersion flow switch (IFM) - Field Installed (Fld) Standard tube sheet construction Uncoated tubesheet and waterbox Agency listing: U.L. listed unit (United States requirement) Bacnet Communications Interface Trane Supplied Refrigerant R134A Refrigerant Spring loaded relief valve Liquid cooled AFD Unit mounted variable frequency drive Without harmonic filter option 1st year labor warranty whole unit NOT INCLUDED: Installation/rigging/supervision, warranty beyond Trane standard or as listed above, marine boxes, hinges, epoxy coating, power wiring, Insulation, piping and piping specialties, BAS controls, control valves, external vibration isolation, factory performance testing, extra materials, any material or labor not specifically described in this proposal. Proposal (Valid for 30 days from Proposal date) PROPRIETARY AND CONFIDENTIAL PROPERTY OF Trane U.S. Inc. DISTRIBUTION TO OTHER THAN THE NAMED RECIPIENT IS PROHIBITED © 2016 Trane All rights reserved Page 308 of 651 Boynton Beach CEP August 9, 2019 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 2 of 5 Centrifugal Chiller Option Net Price (Excluding Sales Tax) .........................…………......................$ 154,960 ADD: 440 ton Centrifugal Chiller Option Net Price (Excluding Sales Tax) ..............………......................$ 14,900 Sincerely, Trane U.S. Inc. 2884 Corporate Way Miramar, FL 33025 Phone: (954) 499-6900 Fax: (954) 499-6901 This proposal is subject to your acceptance of the attached Trane terms and conditions. Page 309 of 651 Boynton Beach CEP August 9, 2019 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 3 of 5 TERMS AND CONDITIONS - COMMERCIAL EQUIPMENT “Company” shall mean Trane Canada ULC for sales in Canada and Trane U.S. Inc. for sales in the United States. 1. Acceptance. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the sale of the described commercial equipment and any ancillary services (the “Equipment”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, retur n of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counter-offer to provide Equipment in accordance with the Proposal and the Company’s terms and conditions. If Customer does not reject or object in writing to Company within 10 days, Company’s counter-offer will be deemed accepted. Customer’s acceptance of the Equipment will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and c onditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability. 2. Title and Risk of Loss. All Equipment sales with destinations to Canada or the U.S. shall be made as follows: FOB Company’s U.S. manufacturing facility or warehouse (full freight allowed). Title and risk of loss or damage to Equipment will pass to Customer upon tender of delivery of such to carrier at Company’s U.S. manufacturing facility or warehouse. 3. Pricing and Taxes. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at Company’s f actory not later than 3 months from order acceptance. If such release is received later than 3 months from order acceptance date, prices will be increased a straight 1% (not compounded) for each 1 month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after the date of order acceptance, the prices are subject to renegotiation or at Company’s o ption, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. In no event will prices be decreased. The price of Equipment does not include any present or future foreign, federal, st ate, or local property, license, privilege, sales, use, excise, value added, gross receipts or other like taxes or assessments. Such amounts will be itemized separately to Customer, who will make prompt payment to Company. Company will accept valid exemption documentation for such from Customer, if applicable. All prices include packaging in accordance with Company’s standard procedures. Charges for special packaging, crating or packing are the responsibility of Customer. 4. Delivery and Delays. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by dela ys in delivery. 5. Performance. Company shall be obligated to furnish only the Equipment described in the Proposal and in submittal data (if such data is issued in connection with the order). Company may rely on the acceptance of the Proposal, and in submittal data as acceptance of the suitability of the Equipment for the particular project or location. Unless specifically stated in the Proposal, compliance with any local building codes or other laws or regulations relating to specifications or the location, use or operation of the Equipment is the sole responsibility of Customer. If Equipment is tendered that does not fully comply with the provisions of this Agreement, and Equipment is rejected by Customer, Company will have the right to cure within a reasonable time after notice thereof by substituting a conforming tender whether or not the time for performance has passed. 6. Force Majeure. Company’s duty to perform under this Agreement and the Equipment prices are contingent upon the non-occurrence of an Event of Force Majeure. If the Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid); and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any applicable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 7. Limited Warranty. Company warrants the Equipment manufactured by Company for a period of the lesser of 12 months from initial start-up or 18 months from date of shipment, whichever is less, against failure due to defects in material and manufacture and that it has the capacities and ratings set forth in Company's catalogs and bulletins ("Warranty"). Equipment manufactured by Company that includes required start-up and sold in North America will not be warranted by Company unless Company performs the Equipment startup . Exclusions from this Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; modifications made by others to the Equipment; repairs or alterations by a party other than Company that adversely affects the stability or reliability of the Equipment; vandalism; neglect; accident; adverse weather or environmental conditions; abuse or improper use; improper installation; commissioning by a party other than Company; unusual physical or electrical or mechanical stress; operation with any accessory, equipment or part not specifically approved by Company; refrigerant not supplied by Company; and/or lack of proper maintenance as recommended by Company. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Company's obligations and liabilities under this Warranty are limited to furnishing replacement equipment or parts, at its option, FCA (Incoterms 2000) factory or warehouse (f.o.b. factory or warehouse for US domestic purposes) at Company -designated shipping point, freight-allowed to Company's warranty agent's stock location, for all non-conforming Company-manufactured Equipment (which have been returned by Customer to Company. Returns must have prior written approval by Company and are subject to restocking charge where applicable. Equipment, materia l and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. COMPANY MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, REGARDING PREVENTION OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. No warranty liability whatsoever shall attach to Company until Customer’s complete order has been paid for in full and Company's liability under this Warranty shall be limited to the purchase price of the Equipment shown to be defective. Additional warranty protection is available on an extra-cost basis and must be in writing and agreed to by an authorized signatory of the Company. EXCEPT FOR COMPANY’S WARRANTY EXPRESSLY SET FORTH HEREIN, COMPANY DOES NOT MAKE, AND HEREBY EXPRESSLY DISCLAIMS, ANY WARRANTIES, EXPRESS OR IMPLIED CONCERNING ITS PRODUCTS, EQUIPMENT OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF DESIGN, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, OR OTHERS THAT ARE ALLEGED TO ARISE FROM COURSE OF DEALING OR TR ADE. 8. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party. If the parties are both at fault, the obligation to indemnif y shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expiration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. Page 310 of 651 Boynton Beach CEP August 9, 2019 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 4 of 5 9. Insurance. Upon request, Company will furnish evidence of its standard insurance coverage. If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive any rights of subrogation. 10. Customer Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement, require payment prior to shipping, or suspend performance by delivery of w ritten notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in connection with this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to the Company for all Equipment furnished and all damages sustained by Company (including lost profit and overhead). 11. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION REFRIGERANT LOSS, BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS) EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 12. Nuclear Liability. In the event that the Equipment sold hereunder is to be used in a nuclear facility, Customer will, prior to such use, arrange for insurance or governmental indemnity protecting Company against all liability and hereby releases and agrees to indemnify Company and its suppliers for any nuclear damage, including loss of use, in any manner arising out of a nuclear incident, whether alleged to be due, in whole or in part to the negligence or otherwise of Company or its suppliers. 13. Intellectual Property; Patent Indemnity. Company retains all ownership, license and other rights to all patents, trademarks, copyrights, trade secrets and other intellectual property rights related to the Equipment, and, except for the right to use the Equipment sold, Customer obtains no rights to use any such intellectual property. Company agrees to defend any suit or proceeding brought against Customer so far as such suit or proceeding is solely based upon a claim that the use of the Equipment provided by Company constitutes infringement of any patent of the United States of America, provided Company is promptly notified in writing and given authority, information and assistance for defense of same. C ompany will, at its option, procure for Customer the right to continue to use said Equipment, or modify it so that it becomes non -infringing, or replace same with non-infringing Equipment, or to remove said Equipment and to refund the purchase price. The foregoing will not be construed to include any Agreement by Company to accept any liability whatsoever in respect to patents for inventions including more than the Equipment furnished hereunder, or in respect of patents for methods and processes to be carried out with the aid of said Equipment. The provision of Equipment by Company does not convey any license, by implication, estoppel, or otherwise, under patent claims covering combinations of said Equipment with other devic es or elements. The foregoing states the entire liability of Company with regard to patent infringement. Notwithstanding the provisions of this paragraph, Cus tomer will hold Company harmless against any expense or loss resulting from infringement of patents or trademarks arising from comp liance with Customer’s designs or specifications or instructions. 14. Cancellation. Equipment is specially manufactured in response to orders. An order placed with and accepted by Company cannot be delayed, canceled, suspended, or extended except with Company's written consent and upon written terms accepted by Company that will reimburse Company for and indemnify Company against loss and provide Company with a reasonable profit for its materials, time, labor, s ervices, use of facilities and otherwise. Customer will be obligated to accept any Equipment shipped, tendered for delivery or delivered by Company pursuant to the order prior to any agreed delay, cancellation, suspension or extension of the order. Any attempt by Customer to unilaterally revoke, delay or suspend acceptance for any reason whatever after it has agreed to delivery of or accepted any shipment shall constitute a breach of t his Agreement. For purposes of this paragraph, acceptance occurs by any waiver of inspection, use or possession of Equipment, payment of the invoice, or any indication of exclusive control exercised by Customer. 15. Invoicing and Payment. Equipment shall be invoiced to Customer upon tender of delivery thereof to the carrier. Customer shall pay Company’s invoices within net 30 days of shipment date. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to the lesser of the maximum allowable legal interest rate or 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these term s and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Company may at any time decline to ship, make delivery or perform work except upon receipt of cash payment, letter of credit, or security, or upon other terms and conditions satisfact ory to Company. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all Equipment to secure payment in full of all amounts due Company and its order for the Equipment, together with these terms and conditions, form a security agreement (as defined by the UCC in the United States and as defined in the Personal Property Security Act in Canada). Customer shall keep the Equipment free of all taxes and encumbrances, shall not remove the Equipment from its original installation point and shall not assign or tra nsfer any interest in the Equipment until all payments due Company have been made. The purchase money security interest granted herein attaches upon Company’s ac ceptance of Customer’s order and on receipt of the Equipment described in the accepted Proposal but prior to its installation. The parties have no agreement to postpone the time for attachment unless specifically noted in writing on the accepted order. Customer will have no rights of set off against any amounts, which become payable to Company under this Agreement or otherwise. 16. Claims. Company will consider claims for concealed shortages in shipments or rejections due to failure to conform to an order only if such claims or rejections are made in writing within 15 days of delivery and are accompanied by the packing list and, if applicable, the reasons in detail why the Equipment does not conform to Customer’s order. Upon receiving authorization and shipping instructions from authorized perso nnel of Company, Customer may return rejected Equipment, transportation charges prepaid, for replacement. Company may charge Customer any costs resulting from the testing, handling, and disposition of any Equipment returned by Customer which are not found by Company to be nonconformi ng. All Equipment damaged during shipment and all claims relating thereto must be made with the freight carrier in accordance with such carrier’s polic ies and procedures. Claims for Equipment damaged during shipment are not covered under the warranty provision stated herein. 17. Export Laws. The obligation of Company to supply Equipment under this Agreement is subject to the ability of Company to supply such items consistent with applicable laws and regulations of the United States and other governments. Company reserves the right to refuse to enter into or perform any order, and to cancel any order, under this Agreement if Company in its sole discretion determines that performanc e of the transaction to which such order relates would violate any such applicable law or regulation. Customer will pay all handling and other similar costs from Company’s factories including the costs of freight, insurance, export clearances, import duties and taxes. Customer will be “exporter o f record” with respect to any export from the United States of America and will perform all compliance and logistics functions in connection therewith and will also comply with all applicable laws, rules and regulations. Customer understands that Company and/or the Equipment are subject to laws and regulations of the United States of America which may require licensing or authorization for and/or prohibit export, re -export or diversion of Company’s Equipment to certain countries, and agrees it will not knowingly assist or participate in any such diversion or other violation of applicable United States of America laws and regulations. Customer agrees to hold harmless and indemnify Company for any damages resulting to Customer or Company from a b reach of this paragraph by Customer. 18. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state of New York for Equipment shipped to a U.S. location and the laws of the province to which Equipment is Page 311 of 651 Boynton Beach CEP August 9, 2019 FLD = Furnished by Trane U.S. Inc. / Installed by Others Equipment Proposal Page 5 of 5 shipped within Canada, without regard to its conflict of law principles that might otherwise call for the application of a different state’s or province’s law, and not including the United Nations Convention on Contracts for the International Sale of Goods. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Equipment is being used at a site owned and/or operated by any agency of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modifie d or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory thereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transactio n contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, or convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to be an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 19. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 20. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that Equipment ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to be bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in F AR 52.212-5(e)(1). The following provision applies onl y to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the sale of the Equipment is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contractin g officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its owners hip, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer's ownership, eligibility or performance of the prime contract. Customer will obtain written authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 21. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itse lf and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit , or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnish ing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in w hich the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustio n of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowledges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.130-4 (0614) Supersedes 1-26.130-4(0214) Page 312 of 651 2884 Corporate Way Miramar FL 33025 Tel 954 499 6900 Fax 954 499 6901 ______________________________________________________________________________________ Prepared For: Michael Low Deputy Utilities Director Manager, Technical Services City of Boynton Beach 124 East Woolbright Road Boynton Beach, FL33435 Project Location: City of Boynton Beach CEP 208 NE 1st Street Boynton Beach, FL33435 Job Name: New Trane Agility Chiller & Temporary Chiller Date: June 4, 2020 Attention Michael: Trane is pleased to offer this proposal for the installation of (2) new Trane HDWA440 water cooled chiller, to replace the existing Trane Centrifugal chiller, currently serving the above referenced Central Energy Plant. Our proposal also includes providing and installing (1) air cooled temporary chiller and the required quick connect taps for to facilitate connection of the temporary chiller & system. The new Trane Chiller has been presented in a separate Trane equipment proposal document. This proposal offers you installation pricing for that specific equipment. Our proposal reflects a comprehensive installation project and includes: Required labor, piping, fittings, miscellaneous material, subcontractors, crane, supervision, project management, permits and inspections (permit fees not included). We have priced this project to be performed during normal weekday business hours, with the temporary chiller providing the required cooling during installation of the new permanent chiller. Our pricing and proposal is further defined by the following installation scope of work. Temporary Connection Scope: This work will be performed on overtime as needed to accommodate the cooling system shutdown and will be done as soon as possible after contract execution and while we await production and shipment of the new chiller. 1. During an agreed upon timeframe Trane will shut down the existing 300-T centrifugal chiller and drain as needed to perform the installation of the (2) Temporary chilled water connections. 2. Furnish and install new slip-on weld flanges as needed to install the new temporary connections. 3. Furnish and install (2) new 8” Tee fittings in the existing CHW supply and return piping, just below the existing isolation valves that currently serve the existing 300-T chiller. 4. Furnish and install (4) new 8” gear operated isolation valves to serve the new temporary connections. 5. Furnish and install (2) new 8” blind flanges to serve the new temporary connections. 6. Furnish and install new 2” foamglas insulation and jacketing for the newly installed fittings and valves, to match existing insulation and jacketing. 7. Furnish and install (1) new 300-T Trane air cooled rental chiller, which will be set up and located adjacent to the north wall of the chiller plant. 8. Furnish and install the required chilled water hose and electrical cables to serve and connect to the new temporary chiller. 9. Startup and operation check of the temporary chiller by Trane factory technician. 10. Decommissioning and removal from the site upon completion of the temporary chiller requirements. USC Contract #: 15-JLP-023 Page 313 of 651 New Chiller Installation Scope: Existing Chiller Demolition 1. During an agreed upon timeframe, Trane will electrically lock-out/tag-out the chiller designated for replacement. 2. Drain the chilled water system as required, to replace the existing isolation valves and perform proposed work. 3. Disconnect the existing electrical power wiring and connections to existing chillers and pumps. 4. Disconnect the existing chilled water piping from chillers / pumps and prepare for removal. 5. Removal and proper disposal of existing chiller, refrigerant and any associated material or debris from the site, per current EPA guidelines. 6. Trane will provide all rigging and crane service needed for demolition and removal. New Chiller Installation 1. Rig, hoist and set into place on the existing concrete pad, (1) new Trane Agility chiller, as described in a separate Trane equipment proposal document. 2. Furnish and install new chilled water and condenser water pipe and fittings in schedule 40 steel, from connections provided with the new Trane chillers, and extend as required to reconnect to the existing supply and return chilled water piping and newly installed isolation valves. 3. Furnish and install new pipe supports as required, to accommodate any new or modified chilled water, or condenser water piping. 4. Reinsulate as necessary, any new or disturbed areas of chilled water piping, to match existing insulation and jacketing. 5. Startup and operation check of new chiller upon completion of the installation, performed by Trane Factory Technician. 6. One-year installation warranty on workmanship and new materials. (New Trane chiller and associated equipment warranties are provided and purchased under a separate proposal) Electrical: 1. Disconnect and remove existing power & control wiring connections for the existing Trane chiller and prepare for removal. 2. Furnish and install (1) 700A Square-D I-Line circuit breaker to serve the new Trane Agility chiller. 3. Furnish and install new junction box to intercept existing primary power feeder at chiller location and extend as required to new electrical connections provided with new Trane chiller. 4. Furnish and install new seal tight and wiring, as required to reconnect the existing power wiring circuit, to electrical connections provided on the new Trane chiller. 5. Make all final electrical terminations as required, for proper connection to new Trane chiller. 6. All electrical work to be performed by State Licensed & Certified Electrical Contractor. Controls and ASHRAE-15 Scope: Included: 1. Furnish and install (1) new Honeywell refrigerant sensor to accommodate the new R134 chiller refrigerant and tie into existing refrigerant monitor and system. 2. Low voltage wiring to demo and reinstall controllers 3. Commissioning of new chiller with controls 4. Update existing graphics Page 314 of 651 General Conditions: Project Commencement date to begin upon issuance of Permit by the Municipality. Furnish crane, rigging and any hoisting facilities, as required to remove all existing equipment, and set all new equipment into place. Permit acquisition including application and inspections as required by the municipality are included. (Permit fees are not included, costs for permit fees will be passed through as a direct cost to the owner) Coordinate ship dates for new equipment and provide all required chiller storage, handling, and transport to jobsite. One-year installation warranty on new parts, materials and workmanship. (Additional Trane equipment warranties proposed and described in a separate Trane Equipment Proposal) Signed & Sealed MEP Design Engineering and Drawings as required for Permit, are included and provided by Florida Licensed Mechanical Engineer. Owner to provide existing mechanical floor plan and chiller plant drawings/files (CAD or PDF). Start-up and performance check of the new chiller and system, to be performed by Trane Factory Technician, upon completion of installation. It is assumed that all existing equipment and/or parts to be reused are in good operating condition. If it is determined during the course of the project that any existing equipment or parts, which were intended for reuse, are not fit to be reused, the customer shall be responsible for replacement cost, including all associated labor and/or material. Exclusions: Overtime Labor (Project is priced to be performed during normal weekday business hours, except for the required shutdown to install the temporary chiller connections, which will take approximately 8 hrs.) Trane Chiller (Purchased separately) Actual costs for permit fees. Chemical treatment of any kind, if needed due to draining of the chilled water loop during installation of the new chiller and associated piping. Fire alarm related controls, piping, wiring, components, smoke detectors, relays, panels, engineering, permits, or associated labor of any kind. Any upgrades to the existing electrical service. (Except as described and included above) Certified, Independent test and balance. Any changes or additions to the scope of work as described above. Project Pricing: Price for installation of (1) new Trane chiller and temporary chiller and taps, as described above is……..$175,916 Page 315 of 651 We thank you for the opportunity to be of service, if you have any questions concerning this proposal, please do not hesitate to contact me. Respectfully, David Wills Turnkey Account Manager Trane | Ingersoll Rand This agreement is subject to the attached Trane Terms and Conditions. Proposal Date: June 4, 2020 Customer Acceptance Trane Authorized Representative Authorized Representative Title Title Acceptance Date Acceptance Date TERMS AND CONDITIONS – COMMERCIAL INSTALLATION “Company” shall mean Trane U.S. Inc.. 1. Acceptance; Agreement. These terms and conditions are an integral part of Company’s offer and form the basis of any agreement (the “Agreement”) resulting from Company’s proposal (the “Proposal”) for the commercial goods and/or services described (the “Work”). COMPANY’S TERMS AND CONDITIONS ARE SUBJECT TO PERIODIC CHANGE OR AMENDMENT. The Proposal is subject to acceptance in writing by the party to whom this offer is made or an authorized agent (“Customer”) delivered to Company within 30 days from the date of the Proposal. If Customer accepts the Proposal by placing an order, without the addition of any other terms and conditions of sale or any other modification, Customer’s order shall be deemed acceptance of the Proposal subject to Company’s terms and conditions. If Customer’s order is expressly conditioned upon Company’s acceptance or assent to terms and/or conditions other than those expressed herein, return of such order by Company with Company’s terms and conditions attached or referenced serves as Company’s notice of objection to Customer’s terms and as Company’s counter-offer to provide Work in accordance with the Proposal and the Company terms and conditions. If Customer does not reject or obj ect in writing to Company within 10 days, Company’s counter-offer will be deemed accepted. Customer’s acceptance of the Work by Company will in any event constitute an acceptance by Customer of Company’s terms and conditions. This Agreement is subject to credit approval by Company. Upon disapproval of credit, Company may delay or suspend performance or, at its option, renegotiate prices and/or terms and conditions with Customer. If Company and Customer are unable to agree on such revisions, this Agreement shall be cancelled without any liability, other than Customer’s obligation to pay for Work rendered by Company to the date of cancellation. 2. Pricing and Taxes. Unless otherwise noted, the price in the Proposal includes standard ground transportation and, if required by law, all sales, consumer, use and similar taxes legally enacted as of the date hereof for equipment and material installed by Company. Tax exemption is contingent upon Customer furnishing appropriate certificates evidencing Customer’s tax exempt status. Company shall charge Customer additional costs for bonds agreed to be provided. Equipment sold on an uninstal led basis and any taxable labor/labour do not include sales tax and taxes will be added. Following acceptance without addition of any other terms and condition of sale or any other modification by Customer, the prices stated are firm provided that notification of release for immediate production and shipment is received at the factory not later than 3 months from order receipt. If such release is received later than 3 months from order receipt date, prices will be increased a straight 1% (not compounded) for each one-month period (or part thereof) beyond the 3 month firm price period up to the date of receipt of such release. If such release is not received within 6 months after date of order receipt, the prices are subject to renegotiation, or at Company’s option, the order will be cancelled. Any delay in shipment caused by Customer's actions will subject prices to increase equal to the percentage increase in list prices during that period of delay and Company may charge Customer with incurred storage fees. 3. Exclusions from Work. Company’s obligation is limited to the Work as defined and does not include any modifications to the Work site under the Americans With Disabilities Act or any other law or building code(s). In no event shall Company be required to perform work Company reasonably believes is outside of the defined Work without a written change order signed by Customer and Company. 4. Performance. Company shall perform the Work in accordance with industry standards generally applicable in the area under similar circumstances as of the time Company performs the Work Company may refuse to perform any Work where working conditions could endanger property or put at risk the safety of persons. Unless otherwise agreed to by Customer and Company, at Customer’s expense and before the Work begins, Customer will provide any necessary access platforms, catwalks to safely perform the Work in compliance with OSHA or state industrial safety regulations. 5. Payment. Customer shall pay Company’s invoices within net 30 days of invoice date. Company may invoice Customer for all equipment or material furnished, whether delivered to the installation site or to an off-site storage facility and for all Work performed on-site or off-site. No retention shall be withheld from any payments except as expressly agreed in writing by Company, in which case retention shall be reduced per the contract documents and released no later than the date of substantial completion. Under no circumstances shall any retention be withheld for the equipment portion of the order. If payment is not received as required, Company may suspend performance and the time for completion shall be extended for a reasonable period of time not less than the period of suspension. Customer shall be liable to Company for all reasonable shutdown, standby and start-up costs as a result of the suspension. Company reserves the right to add to any account outstanding for more than 30 days a service charge equal to 1.5% of the principal amount due at the end of each month. Customer shall pay all costs (including attorneys’ fees) incurred by Company in attempting to collect amounts due and otherwise enforcing these terms and conditions. If requested, Company will provide appropriate lien waivers upon receipt of payment. Customer agrees that, unless Customer makes payment in advance, Company will have a purchase money security interest in all equipment from Company to secure payment in full of all amounts due Company and its order for the equipment, together with these terms and conditions, form a security agreement. Customer shall keep the equipment free of all taxes a nd encumbrances, shall not remove the equipment from its original installation point and shall not assign or transfer any interest in the equipment until all payments due Company have been made. 6. Time for Completion. Except to the extent otherwise expressly agreed in writing signed by an authorized representative of Company, all dates provi ded by Company or its representatives for commencement, progress or completion are estimates only. While Company shall use commercially reasonable efforts to meet s uch estimated dates, Company shall not be responsible for any damages for its failure to do so. 7. Access. Company and its subcontractors shall be provided access to the Work site during regular business hours, or such other hours as may be requested by Company and acceptable to the Work site’ owner or tenant for the performance of the Work, including sufficient areas for staging, mobilization, and storage. Company’s access to correct any emergency condition shall not be restricted. Customer grants to Company the right to remotely connect (via phone modem, internet or other agreed upon means) to Customer’s building automation system (BAS) and or HVAC equipment to view, extract, or otherwise collect and retain data from the BAS, HVAC equipment, or other building systems, and to diagnose and remotely make repairs at Customer’s request. Jerry Shugart Service Account Manager, Trane | Ingersoll Rand Page 316 of 651 8. Completion. Notwithstanding any other term or condition herein, when Company informs Customer that the Work has been completed, Customer shall inspect the Work in the pr esence of Company's representative, and Customer shall either (a) accept the Work in its entirety in writing, or (b) accept the Work in part and specifically identify, in writing, any exception items. Customer agrees to re-inspect any and all excepted items as soon as Company informs Customer that all such excepted items have been completed. The initial acceptance inspection shall take place within ten (10) days from the date when Company informs Customer that the Work has been completed. Any subsequent re -inspection of excepted items shall take place within five (5) days from the date when Company informs Customer that the excepted items have been completed. Customer’s failure to cooperate and complete any of said inspections within the required time limits shall constitute complete acceptance of the Work as of ten (10) days from date when Company informs Customer that the Work, or the excepted items, if applicable, has/have been completed. 9. Permits and Governmental Fees. Company shall secure (with Customer’s assistance) and pay for building and other permits and governmental fees, licenses, and inspections necessary for proper performance and completion of the Work which are legally required when bids from Company’s subcontractors are received, negotiations thereon concluded, or the effective date of a relevant Change Order, whichever is later. Customer is responsible for necessary approvals, easements, assessments and charges for construction, use or occupancy of permanent structures or for permanent changes to existing facilities. If the cost of such permits, fees, licenses and inspections are not included in the Proposal, Company will invoice Customer for such costs. 10. Utilities During Construction. Customer shall provide without charge to Company all water, heat, and utilities required for performance of the Work. 11. Concealed or Unknown Conditions. In the performance of the Work, if Company encounters conditions at the Work site that are (i) subsurface or otherwise concealed physical conditions that differ materially from those indicated on drawings expressly incorporated herein or (ii) unknown physical conditions of an unusual nature that differ materially from those conditions ordinarily found to exist and generally recognized as inherent in construction activities of the type and character as the Work, Company shall notify Customer of such conditions promptly, prior to significantly disturbing same. If such conditions differ materially and cause an increase in Company’s cost of, or time required for, performance of any part of the Work, Company shall be entitled to, and Customer shall consent by Change Order to, an equitable adjustment in the Contract Price, contract time, or both. 12. Pre-Existing Conditions. Company is not liable for any claims, damages, losses, or expenses, arising from or related to conditions that existed in, on , or upon the Work site before the Commencement Date of this Agreement (“Pre-Existing Conditions”), including, without limitation, damages, losses, or expenses involving Pre-Existing Conditions of building envelope issues, mechanical issues, plumbing issues, and/or indoor air quality issues involving mold/mould and/or fungi. Company also is not liable for any claims, damages, losses, or expenses, arising from or related to work done by or services provided by individuals or entities that are not employed by or hired by Company. 13. Asbestos and Hazardous Materials. Company’s Work and other services in connection with this Agreement expressly excludes any identification, abatement, cleanup, control, disposal, removal or other work connected with asbestos, polychlorinated biphenyl (“PCB”), or other hazardous materials (hereinafter, collectively, “Hazardous Materials”). Customer warrants and represents that, except as set forth in a writing signed by Company, there are no Hazardous Materials on the Work site that will in any way affect Company’s Work and Customer has disclosed to Company the existence and location of any Hazardous Materials in all areas within which Company will be performing the Work. Should Company become aware of or suspect the presence of Hazardous Materials, Company may immediately stop work in the affected area and shall notify Customer. Customer will be exclusively responsible for taking any and all action necessary to correct the condition in accordance with all applicable laws and regulations. Customer shall be exclusively responsible for and, to the fullest extent permitted by law, shall indemnify and hold harmless Company (including its employees, agents and subcontractors) from and against any loss, claim, liability, fees, penalties, injury (including death) or liability of any nature, and the payment thereof arising out of or relating to any Hazardous Materials on or about the Work site, not brought onto the Work site by Company. Company shall be required to resume performance of the Work in the affected area only in the absence of Hazardous Materials or when the affected area has been rendered harmless. In no event shall Company be obligated to transport or handle Hazardous Materials, provide any notices to any governmental agency, or examine the Work site for the presence of Hazardous Materials. 14. Force Majeure. Company’s duty to perform under this Agreement is contingent upon the non-occurrence of an Event of Force Majeure. If Company shall be unable to carry out any material obligation under this Agreement due to an Event of Force Majeure, this Agreement shall at Company’s election (i) remain in effect but Company’s obligations shall be suspended until the uncontrollable event terminates or (ii) be terminated upon 10 days notice to Customer, in which event Customer shall pay Company for all parts of the Work furnished to the date of termination. An "Event of Force Majeure" shall mean any cause or event beyond the control of Company. Without limiting the foregoing, “Event of Force Majeure” includes: acts of God; acts of terrorism, war or the public enemy; flood; earthquake; tornado; storm; fire; civil disobedience; pandemic insurrections; riots; labor/labour disputes; labor/labour or material shortages; sabotage; restraint by court order or public authority (whether valid or invalid), and action or non-action by or inability to obtain or keep in force the necessary governmental authorizations, permits, licenses, certificates or approvals if not caused by Company; and the requirements of any appli cable government in any manner that diverts either the material or the finished product to the direct or indirect benefit of the government. 15. Customer’s Breach. Each of the following events or conditions shall constitute a breach by Customer and shall give Company the right, without an election of remedies, to terminate this Agreement or suspend performance by delivery of written notice: (1) Any failure by Customer to pay amounts when due; or (2) any general assignment by Customer for the benefit of its creditors, or if Customer becomes bankrupt or insolvent or takes the benefit of any statute for bankrupt or insolvent debtors, or makes or proposes to make any proposal or arrangement with creditors, or if any steps are taken for the winding up or other termination of Customer or the liquidation of its assets, or if a trustee, receiver, or similar person is appointed over any of the assets or interests of Customer; (3) Any representation or warranty furnished by Customer in this Agreement is false or misleading in any material respect when made; or (4) Any failure by Customer to perform or comply with any material provision of this Agreement. Customer shall be liable to Company for all Work furnished to date and all damages sustained by Company (including lost profit and overhead). 16. Indemnity. To the fullest extent permitted by law, Company and Customer shall indemnify, defend and hold harmless each other from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, resulting from death or bodily injury or damage to real or tangible personal property, to the extent caused by the negligence or misconduct of their respective employees or other authorized agents in connection with their activities within the scope of this Agreement. Neither party shall indemnify the other against claims, damages, expenses or liabilities to the extent attributable to the acts or omissions of the other party . If the parties are both at fault, the obligation to indemnify shall be proportional to their relative fault. The duty to indemnify will continue in full force and effect, notwithstanding the expi ration or early termination hereof, with respect to any claims based on facts or conditions that occurred prior to expiration or termination. 17. Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION BUSINESS INTERRUPTION, LOST DATA, LOST REVENUE, LOST PROFITS, LOST DOLLAR SAVINGS, OR LOST ENERGY USE SAVINGS, EVEN IF A PARTY HAS BEEN ADVISED OF SUCH POSSIBLE DAMAGES OR IF SAME WERE REASONABLY FORESEEABLE AND REGARDLESS OF WHETHER THE CAUSE OF ACTION IS FRAMED IN CONTRACT, NEGLIGENCE, ANY OTHER TORT, WARRANTY, STRICT LIABILITY, OR PRODUCT LIABILITY). In no event will Company’s liability in connection with the provision of products or services or otherwise under this Agreement exceed the entire amount paid to Company by Customer under this Agreement. 18. Patent Indemnity. Company shall protect and indemnify Customer from and against all claims, damages, judgments and loss arising from infringeme nt or alleged infringement of any United States patent by any of the goods manufactured by Company and delivered hereunder, provided that in the event of suit or threat of suit for patent infringement, Company shall promptly be notified and given full opportunity to negotiate a settlement. Company does not warrant agai nst infringement by reason of Customer's design of the articles or the use thereof in combination with other materials or in the operation of any process. In the event of litigation, Customer agrees to reasonably cooperate with Company. In connection with any proceeding under the provisions of this Section, all parties concerned shall be entitled to be represented by counsel at their own expense. 19. Limited Warranty. Company warrants for a period of 12 months from the date of substantial completion (“Warranty Period”) commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Trane equipment sold on an uninstalled basis is warranted in accordance with Company’s standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date that the Work is sufficiently complete so that the Work can be utilized for its intended use or the date that Customer receives beneficial use of the Work. If such defect is discovered within the Warranty Period, Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must be reported to Company within the Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, erosion, deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not supplied by Trane; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, IN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY CO MPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY SPECIFICALLY DISCLAIMS ANY LIABILITY IF THE WORK OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. 20. Insurance. Company agrees to maintain the following insurance while the Work is being performed with limits not less than shown below and will, upon request from Customer, provide a Certificate of evidencing the following coverage: Commercial General Liability $2,000,000 per occurrence Automobile Liability $2,000,000 CSL Workers Compensation Statutory Limits If Customer has requested to be named as an additional insured under Company’s insurance policy, Company will do so but only subject to Company’s manuscript additional insured endorsement under its primary Commercial General Liability policies. In no event does Company waive its right of subrogation. 21. Commencement of Statutory Limitation Period. Except as to warranty claims, as may be applicable, any applicable statutes of limitation for acts or failures to act shall commence to run, and any alleged cause of action stemming therefrom shall be deemed to have accrued, in any and all events not later than the last date that Company or its subcontractors physically performed work on the project site. 22. General. Except as provided below, to the maximum extent provided by law, this Agreement is made and shall be interpreted and enforced in accordance with the laws of the state or province in which the Work is performed, without regard to choice of law principles which might otherwise call for the application of a different state’s or province’s law. Any dispute arising under or relating to this Agreement that is not disposed of by agreement shall be decided by litigation in a court of competent jurisdiction located in the state or province in which the Work is performed. Any action or suit arising out of or related to this Agreement must be commenced within one year after the cause of action has accrued. To the extent the Work site is owned and/or operated by any agency Page 317 of 651 of the Federal Government, determination of any substantive issue of law shall be according to the Federal common law of Government contracts as enunciated and applied by Federal judicial bodies and boards of contract appeals of the Federal Government. This Agreement contains all of the agreements, representations and understandings of the parties and supersedes all previous understandings, commitments or agreements, oral or written, related to the subject matter hereof. This Agreement may not be amended, modified or terminated except by a writing signed by the parties hereto. No documents shall be incorporated herein by reference except to the extent Company is a signatory t hereon. If any term or condition of this Agreement is invalid, illegal or incapable of being enforced by any rule of law, all other terms and conditions of this Agreement will nevertheless remain in full force and effect as long as the economic or legal substance of the transaction contemplated hereby is not affected in a manner adverse to any party hereto. Customer may not assign, transfer, o r convey this Agreement, or any part hereof, or its right, title or interest herein, without the written consent of the Company. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of Customer’s permitted successors and assigns. This Agreement may be executed in several counterparts, each of which when executed shall be deemed to b e an original, but all together shall constitute but one and the same Agreement. A fully executed facsimile copy hereof or the several counterparts shall suffice as an original. 23. Equal Employment Opportunity/Affirmative Action Clause. Company is a federal contractor that complies fully with Executive Order 11246, as amended, and the applicable regulations contained in 41 C.F.R. Parts 60-1 through 60-60, 29 U.S.C. Section 793 and the applicable regulations contained in 41 C.F.R. Part 60-741; and 38 U.S.C. Section 4212 and the applicable regulations contained in 41 C.F.R. Part 60-250 Executive Order 13496 and Section 29 CFR 471, appendix A to subpart A, regarding the notice of employee rights in the United States and with Canadian Charter of Rights and Freedoms Schedule B to the Canada Act 1982 (U.K.) 1982, c. 11 and applicable Provincial Human Rights Codes and employment law in Canada. 24. U.S. Government Work. The following provision applies only to direct sales by Company to the US Government. The Parties acknowledge that all items or services ordered and delivered under this Agreement are Commercial Items as defined under Part 12 of the Federal Acquisition Regulation (FAR). In particular, Company agrees to b e bound only by those Federal contracting clauses that apply to “commercial” suppliers and that are contained in FAR 52.212-5(e)(1). Company complies with 52.219-8 or 52.219-9 in its service and installation contracting business. The following provision applies only to indirect sales by Company to the US Government. As a Commercial Item Subcontractor, Company accepts only the following mandatory flow down provisions: 52.219-8; 52.222-26; 52.222-35; 52.222-36; 52.222-39; 52.247-64. If the Work is in connection with a U.S. Government contract, Customer certifies that it has provided and will provide current, accurate, and complete information, representations and certifications to all government officials, including but not limited to the contracting officer and officials of the Small Business Administration, on all matters related to the prime contract, including but not limited to all aspects of its ownership, eligibility, and performance. Anything herein notwithstanding, Company will have no obligations to Customer unless and until Customer provides Company with a true, correct and complete executed copy of the prime contract. Upon request, Customer will provide copies to Company of all requested written communications with any government official related to the prime contract prior to or concurrent with the execution thereof, including but not limited to any communications related to Customer’s ownership, eligibility or performance of the prime contract. Customer will obtain w ritten authorization and approval from Company prior to providing any government official any information about Company's performance of the work that is the subject of the Proposal or this Agreement, other than the Proposal or this Agreement. 25. Limited Waiver of Sovereign Immunity. If Customer is an Indian tribe (in the U.S.) or a First Nation or Band Council (in Canada), Customer, whether acting in its capacity as a government, governmental entity, a duly organized corporate entity or otherwise, for itself and for its agents, successors, and assigns: (1) hereby provides this limited waiver of its sovereign immunity as to any damages, claims, lawsuit, or cause of action (herein “Action”) brought against Customer by Company and arising or alleged to arise out of the furnishing by Company of any product or service under this Agreement, whether such Action is based in contract, tort, strict liability, civil liability or any other legal theory; (2) agrees that jurisdiction and venue for any such Action shall be proper and valid (a) if Customer is in the U.S., in any state or United States court located in the state in which Company is performing this Agreement or (b) if Customer is in Canada, in the superior court of the province or territory in which the work was performed; (3) expressly consents to such Action, and waives any objection to jurisdiction or venue; (4) waives any requirement of exhaustion of tribal court or administrative remedies for any Action arising out of or related to this Agreement; and (5) expressly acknowl edges and agrees that Company is not subject to the jurisdiction of Customer’s tribal court or any similar tribal forum, that Customer will not bring any action against Company in tribal court, and that Customer will not avail itself of any ruling or direction of the tribal court permitting or directing it to suspend its payment or other obligations under this Agreement. The individual signing on behalf of Customer warrants and represents that such individual is duly authorized to provide this waiver and enter into this Agreement and that this Agreement constitutes the valid and legally binding obligation of Customer, enforceable in accordance with its terms. 1-26.251-10(0316) Supersedes 1-26.251-10(0614) Page 318 of 651 Page 319 of 651 Page 320 of 651 Page 321 of 651 Page 322 of 651 Page 323 of 651 Harford County Public Schools 102 South Hickory Avenue Bel Air Maryland 21014 Purchasing Department 410-638-4082 RFP # 15-JLP-023 REQUEST FOR PROPOSALS FOR HVAC PRODUCTS, INSTALLATION, SERVICES AND RELATED PRODUCTS AND SERVICES Proposals Due August 13, 2015 before 2:30 pm THIS SOLICITATION IS MADE ON BEHALF OF HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND AND OTHER GOVERNMENTAL AGENCIES AND MADE AVAILABLE THROUGH THE U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE. Page 324 of 651 2 Bid Notification Notice is hereby given that Harford County Public Schools (HCPS) (District) on behalf of itself and other government agencies and made available through the U.S. Communities Government Purchasing Alliance, will receive proposals for RFP #15-JLP-023 HVAC PRODUCTS, INSTALLATION, SERVICES AND RELATED PRODUCTS AND SERVICES Proposals must be received prior to 2:30 PM on August 13, 2015 in the District’s Purchasing Department. Proposals must be sealed, prominently marked with the RFP number, title, due date, time, and name of vendor on outside of envelope. Proposals should be delivered/mailed to: Harford County Public Schools Attention: Purchasing 102 South Hickory Ave. Bel Air, MD 21014 RFP documents are available from the Harford County Public Schools website http://www.hcps.org/departments/BusinessServices/purchasing.aspx and from eMaryland Market Place, https://emaryland.buyspeed.com/bso/ A Pre-Proposal meeting will be held June 29, 2015 at 1:00 PM at the North Harford Middle School in Room A-4. The address for North Harford Middle School is, 112 Pylesville Rd, Pylesville, MD 21132. Refer any questions to the availability of documents to Sherry Ramsey Downen at (410) 809-6046 or email at sherry.ramseydownen@hcps.org HCPS does not discriminate in the choice of suppliers and the award of bids/contracts based on race, sex, age, national origin, religion or disability. Page 325 of 651 Table of Contents 3 Notice to Vendors................................................................................................................2 Section 1 – General Information..........................................................................................5 Introduction..............................................................................................................5 Calendar of Events...................................................................................................7 Contract Term..........................................................................................................8 Pre-Proposal Conference………………………………………………………...12 Section 2 - Scope of Work.................................................................................................13 Proposal Submission..............................................................................................13 Checklist of Required Information........................................................................18 Section 3 - Evaluation and Selection Process....................................................................19 Section 4 - Proposal Format...............................................................................................21 Section 5 - Harford County Public Schools Contract Agreement ...............................23 Section 6 - U.S. Communities Overview...........................................................................27 Supplier Qualifications ..........................................................................................31 Supplier Worksheet .............................................................................................38 New Supplier Implementation Timeline................................................................39 Supplier Information Required..............................................................................41 Attachment 1 – Signature Sheet .....................................................................................49 Attachment 2 – Anti-Bribery and Debarment Affidavit ..............................................50 Attachment 3 - Master Intergovernmental Cooperative Purchasing Agreement...............51 Attachment 4 - U.S. Communities Administration Agreement ...................................53 Attachment 5 - State Notice Addendum............................................................................67 Attachment 6 - FEMA Standard Terms and Conditions Addendum.................................86 Attachment 7 - Community Development Block Grant Addendum .................................88 Attachment 8 - Price Project and Scenario Descriptions...................................................89 Project 1: North Harford Middle School Chiller Replacement ............................90 MBE Instructions and Goals……………………………………………..95 MBE Attachments A – H (A and B MUST be returned with your proposal)…………………………………………………………...97-106 Project 2: Packaged Rooftop Air Conditioner....................................................107 Project 3: Indoor Air Handling Unit...................................................................114 Project 4: Air Cooled Scroll Chiller....................................................................118 Page 326 of 651 Table of Contents Cont’d 4 Project 5: Centrifugal Water Chiller...................................................................122 Project 6: Unit Ventilator....................................................................................127 Attachment 9 - Cost Proposal Forms/Bid Forms ........................................................131 Cost Proposal Form/Bid Form Price Project 1, NHMS…………………………….138 Signature Page…………………………………………………………………………144 Note: Items in bold must be returned with your proposal. Page 327 of 651 5 HARFORD COUNTY PUBLIC SCHOOLS Purchasing Department 102 South Hickory Avenue Bel Air, Maryland 21014 Telephone: 410.638.4082 Request for Proposal HVAC Products, Installation, Services and Related Products and Services Section 1- General Information A. Introduction It is the intent of this RFP to solicit sealed proposals from qualified business entities to provide and install a Chiller at the Harford County Public Schools North Harford Middle School, and also provide comprehensive HVAC Products, Installation, Services and Related Products and Services on a national level. This contract will allow government agencies to purchase the products and services defined herein, in indefinite quantities on an as-needed basis. The method of procurement will be a competitive negotiation via a Request for Proposal (RFP) which may include the submission of best and final offers. Price will not be the sole determinant for the award. As defined by the American Bar Association Model Procurement Code, Competitive Sealed Proposals (RFP) will be evaluated based upon criteria formulated around best value which may include among other criteria: price, quality, performance, references, financial information and the ability to successfully market to states, local governments, school districts, higher education institutions and other government agencies and nonprofit organizations. Page 328 of 651 6 B. Background This solicitation is being administered by Harford County Public Schools for those public entities that elect to access the Master Agreement through the U.S. Communities Government Purchasing Alliance. The Harford County Public Schools System (HCPS) is the seventh largest of the 24 Maryland School Systems. HCPS has 54 schools and a total enrollment of approximately 39,000 students. C. Procurement Administrator Jeff LaPorta, CPPB, Supervisor of Purchasing, will administer the solicitation process and will be the point of contact for purposes of this Request for Proposal. All questions and inquiries should be emailed to Jeff.LaPorta@hcps.org. All questions should be received no later than July 3, 2015 at 2:30 pm eastern time. Responses to questions will be addressed in the form of a formal Addendum. Responses will not be made to telephone, faxed or mailed inquires. D. Proposal Submission Three (3) original hard copies and eight (8) flash drive copies of the technical proposal, and two (2) original hard copies and two (2) flash drives of the cost proposal shall be submitted to, or hand delivered to Harford County Public Schools, 102 S. Hickory Ave. Bel Air Maryland 21014 to the attention of the Purchasing Department no later than August 13, 2015, 2:30PM. Proposals must be submitted in envelopes or other mailing containers showing the RFP number, firm’s name and address, and the proposal due date on the outside. Late proposals will not be accepted and will be returned unopened. A Register of Proposals will be prepared at the closing time. Additionally, if you label any information in your technical proposal as proprietary or confidential, you must submit one redacted copy, in electronic version, of the technical. See Section I, page 6 for details. E. Proposal Acceptance Proposals including prices must remain valid for a period of not less than one hundred, twenty (120) days to allow for evaluation, School Board approval and Contract execution. Harford County Public Schools reserves the right to accept or reject any or all proposals, waive informalities and select the most favorable proposal that will serve its best interest as well as the best interest of those participating governmental entities. Page 329 of 651 7 F. Calendar of Events (Subject to Change) Event Date Issue RFP June 11, 2015 Pre-Proposal Conference (not mandatory) June 29, 2015 – 1:00 pm Questions due July 3, 2015 – 3:30pm Addendum Issued July 15, 2015 RFP due date August 13, 2015 – 2:30pm Evaluations/Negotiations/Interview September 1-3, 2015 Awardee Notified September 10, 2015 Board Approval September 21, 2015 Tentative Contract Start Date October 1, 2015 G. Incurring RFP Preparation Cost Harford County Public Schools accepts no responsibility for any expense incurred in the proposal preparation, on-site presentation, mailings etc. H. Insurance Requirements Insurance requirements are contained in General Requirements, attached herewith. The Contractor must have in force and will maintain insurance, not less than the amounts specified. These insurance requirement are only specific to purchases made to HCPS and do not apply to other entities who use this agreement. Individual public entities may have their own specific insurance requirements. I. Confidential Information Redacted versions of technical trade secrets or proprietary information submitted in response to this solicitation must be clearly labeled as “Confidential” and may not be disclosed unless required under the appropriate freedom of information statute. Proposers must clearly identify the data or other materials to be protected and state the reasons why protection is necessary. If awarded, the RFP and all related documents and proposal submissions will become part of the contract award. PUBLIC INFORMATION ACT - A redacted copy of your bid submission in electronic PDF format (or similar) shall be submitted with your Offering. A redacted copy is considered to be edited, modified, or otherwise revised from which confidential, sensitive and proprietary information has been removed. The redacted copy shall be for your Technical Proposal only. Page 330 of 651 8 This redacted copy will be used to respond to Freedom of Information Act request(s) in accordance with the law, the Maryland Public Information Act, Section 10-611 et seq. of the State Government Article of the Annotated Code of Maryland. HCPS reserves the right to modify the redacted copy within its authority under the law. If a redacted copy is not provided, HCPS will assume that all information provided is public information that will be used to respond to any request under this Act. J. Contract Term The term of the contract will be for three years following the contract award date with the option to renew for two additional two year periods. K. Pricing Labor rates should be based on regional and national rates. The Awarded Supplier may submit requests for labor rate increases on an annual basis, sixty (60) days prior to the anniversary contract date. Price increase requests are not automatic and must be approved by the Supervisor of Purchasing for the Lead Agency (Harford County Public Schools). The pricing structure, or percent discount for product pricing will remain fixed for the term of the contract. Supplier agrees to offer all future product and service introductions at similar pricing as that offered through this solicitation and contract. L. Permits and Licenses The Contractor is responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, and regulations, in connection with the prosecution of the work without additional expense. The Contractor is similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence. The Contractor shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. The Contractor is also responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any completed unit of construction previously accepted. M. Drug, Tobacco and Alcohol All HCPS properties are “drug, tobacco and alcohol free zones” as designated by Local and State laws. Neither the Contractor or their employees (or subcontractors) are permitted to have any drugs, tobacco or alcohol products on Page 331 of 651 9 HCPS property. Use of such items on HCPS property may result in termination of the contract. N. Illegal Immigrant and Child Labor The use of illegal immigrant labor and/or illegal child labor to fulfill contracts solicited by HCPS is in violation of the law and is strictly prohibited. Contractors and subcontractors must verify employment eligibility of workers in order to assure that they are not violating any Federal, State or Local laws regarding illegal or child labor laws. O. Employment of Child Sex Offenders Maryland Law requires certain child sex offenders to register with the State and with the local law enforcement agency in the county in which they will reside, work and/or attend school. Section 11-722(c) & (D) of the Criminal Procedure Article of the Annotated code of Maryland states, “A person who enters into a contract with a County Board of Education or a non-public school may not knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $5,000 or both.” If a child sex offender, as determined by the definitions contained in the Criminal Law Article of the Annotated Code of Maryland, is employed by the Contractor, the Contractor is prohibited from assigning that employee to perform management, delivery, installation, repair, construction or any other type of services on any Harford County Public School property, including the project property. Violation of this provision may result in Termination for Cause as defined in the Amendments to the General Conditions, Article 14.2.1.2. P. Criminal Background Check/Photo Identification Badge/Fingerprinting It is the responsibility of the Offeror to make certain that its employees, agents, volunteers, and Contractors who may have contact with students are in compliance with Title 5, Subtitle 5, Part VI, of the Family Law Article of the Maryland Code. The Offeror shall comply with the Criminal Procedure Article of Annotated Code of Maryland Section 11-722. The Offeror shall utilize the same screening services for criminal backgrounds as used by the Board in order that the Board can have consistency with all those individuals permitted to work in schools and with children. Therefore, the Offeror shall require that all employees providing services to students be screened via the Criminal Justice Information Service (CJIS) and NCIC. All related costs shall be borne by the Contractor. Each Contractor shall screen their work-forces to ensure that a registered sex offender does not perform work at HCPS and also ensure that a subcontractor and Page 332 of 651 10 independent contractor conducts screening of its personnel who may work at a school. The term “work force” is intended to refer to all of the Contractor’s direct employees and subcontractors and/or independent contractors it uses to perform the work. Violation of this provision may cause HCPS to take action against the Contractor up to and including termination of the Contract. HCPS reserves the right, in its sole discretion, to reject or require the removal of any person proposed for placement based on the person’s criminal background check. Q. Labor and Rates of Pay The Awarded Offeror agrees that it shall abide by all applicable provisions of Federal and State law and regulation pertaining to workplace conditions, child labor and that all employees will be treated with dignity and respect. The Awarded Offeror agrees to comply with all applicable Federal and State law and regulation relating to payment of wages. R. Termination for Cause If the Contractor fails to fulfill its obligations under this contract properly and on time, or otherwise violates any provision of the contract, Harford County Public Schools may terminate the contract by written notice to the Contractor. HCPS can affirmatively collect damages which may result from the Contractor’s breach. S. Disputes Except as otherwise provided in these contractual documents, any claim, dispute, or other matter in question shall be referred the Harford County Public Schools Director of Purchasing, who shall decide the issue and provide a written response to the Contractor. The decision of the Supervisor of Purchasing shall be final and conclusive. The contract shall be governed by the laws of the State of Maryland and nothing in this contract shall be interpreted to preclude the parties seeking any and all remedies provided by law. All protests must be in writing and submitted to the Supervisor of Purchasing. Prior to dispute resolution through the appropriate legal means, i.e. adjudicated by the appropriate Courts, the parties will participate in Alternative Dispute Resolution (ADR), in an attempt to resolve the dispute in accordance with the commercial Rules of the American Arbitration Association in effect at the time. All disputes shall be decided by a single arbitrator. All costs associated with ADR will be borne by the awarded contractor. T. Billing and Payment Page 333 of 651 11 Unless otherwise instructed, the preferred method of (order) and payment is by credit card. Please advise in your Technical Proposal if payment via credit card is not acceptable. Any unacceptable payment options must be clearly articulated in the technical submission. U. Multi-Agency Procurement Harford County Public Schools assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this Request for Proposal. All purchases and payment transactions will be made directly between the Contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the proposal response. V. About This Document This document is a Request for Proposal (RFP). It differs from a Request for Bid/Quotation in that Harford County Public Schools is seeking a solution, as described in the cover page and in the following sections, not a bid/quotation meeting firm specifications for the lowest price. As such, the lowest prices proposed may not guarantee an award recommendation. As defined in the American Bar Association Model Procurement Code, Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features and best value of a product or service, of which quality, testing, references, and availability or capability, may be overriding factors, and price may not be determinative in the issuance of a contract or award. The proposal evaluation criteria should be viewed as standards that measure how well a contractors’ approach meets the desired requirements and needs of Harford County Public Schools and U.S. Communities. Those criteria that will be used and considered in evaluation for award are set forth in this document. No negotiations, decisions, or actions shall be initiated by any proposers as a result of any verbal discussion with any Harford County Public Schools member or U.S. Communities staff prior to the opening of proposals in responses to this document. RFP Offerors shall make no contacts – either written or verbal – with any individual other than the individual identified herein during the period beginning with the issuance of this RFP through approval of award. Any attempt by a supplier/proposer to influence a member or members of the aforementioned may be grounds to disqualify the proposal from the proposer from further consideration. If awarded, this RFP document in its entirety including attachments, appendices and addenda will become part of the Contract. Harford County Public Schools reserves the right to reject any or all proposals at any time and make necessary Page 334 of 651 12 arrangements to contract for the services or work described and proposed in the manner most feasible and applicable when in its best interest to do so. W. Award This may result in award to one, or more than one vendor.Harford County Public Schools reserves the right to award to one vendor for the specific North Harford Middle School chiller and installation, and award to another vendor for the award of supplier for national supply and services. X. Anti-discrimination It is the policy of the Harford County Public Schools that in connection with all work performed under Purchasing Contracts there shall be no discrimination against any prospective or active employee engaged in the work because of sexual orientation, physical and mental disability, medical conditions, marital status, age, pregnancy, veteran status, gender, race, color, ancestry, national origin, sex, or religious creed. Therefore, the Vendor agrees to comply with applicable Federal and State laws. Y. Multiple Proposals Multiple proposals from a firm, partnership, corporation or association under the same or different names are subject to rejection unless specifically permitted in the solicitation. Reasonable grounds for believing that an Offeror is interested in more than one proposal for the work contemplated may result in rejection of all proposals in which the Offeror is interested. Z. Pre-Proposal Conference A pre-proposal conference will be held on June 29, 2015, beginning at 1:00 PM EST. The location will be at the North Harford Middle School, 112 Pylesville Road, Pylesville, MD 21132, Room A-4. Page 335 of 651 13 Section 2- Scope of Work Outcome The expected outcome of this proposal is to enter into a contractual relationship with a business partner(s) who will provide a comprehensive selection of HVAC products and solutions, including complete turn-key services. Suppliers are to propose the broadest possible selection of HVAC EQUIPMENT, INSTALLATION, SERVICES AND RELATED PRODUCTS AND SERVICES. This solicitation is to provide Participating Public Agencies with products, services and turn-key solutions to meet their various needs. Therefore, the Suppliers should have demonstrated experience in providing the Products and Services as defined in this RFP, including but not limited to: 1.HVAC Products:This includes, but is not limited to, Chillers: air-cooled chillers, water-cooled chillers, compressor chillers, ancillary chiller water plant equipment and absorption liquid chillers; unitary systems that combine heating, cooling and fan sections: rooftop systems, split systems, self- contained systems and water source heat pumps; air handling systems: performance air handlers, blower coil air handlers, make-up air gas heating systems, air handler options and air cleaning options; terminal devices: unit heaters, unit ventilators, fan coil units, ventilation fans and variable air volume; ductless variable refrigerant volume units; dedicated outdoor air systems; replacement coils; parts and aftermarket products and any other HVAC products offered by Supplier. 2.Installation and Services:This includes, but is not limited to, any installation of new equipment, maintenance of existing systems, upgrading of existing infrastructure, turn-key services and any other installation and services offered by Supplier. 3.Related Products and Services:This includes, but is not limited to, HVAC equipment controls, thermostats, sensors, design and analysis tools, commissioning, building management, enterprise management, rental and lease services, financial services and any other related products and services offered by Supplier. Proposal Submission This RFP requires a two-part submission process. Separate technical and price proposals are to be submitted in sealed envelopes on the date and time stipulated. Three (3) original and eight (8) flash drive copies of the technical copies shall be submitted or hand delivered. Two (2) original and two (2) flash drive copies of the cost proposal shall be submitted. Page 336 of 651 14 The proposal due date is August 13, 2015 at 2:30PM. Late proposals will not be accepted and will be returned unopened. A Register of Proposals will be prepared at the closing time and will be available for inspection. Definitions Definitions as used herein: A. The term “solicitation” used in this document means this Request for Proposal (RFP). B. The term “offer” and “proposal” are used synonymously and mean a response to this solicitation. C. The terms “offeror”, “proposer”, “supplier” and “contractor” are synonymous and refer to the entity/business/individual that submits a response to this solicitation. D. Harford County Public Schools, Maryland may be referred to as “HCPS”. E. U.S. Communities is a non-profit that assists Participating Public Agencies in reducing the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. F. Participating Public Agency (PPA) is any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization that elects to use one or more U.S. Communities contracts. Labor Wage Classification Definitions Definitions as used herein for establishing labor rates. LABOR WAGE CLASSIFICATION DEFINITIONS Architect Professional licensed designer providing Architectural drawings. Asbestos Worker Worker who removes and disposes of asbestos materials. Boilermaker Worker who assembles boilers, tanks, vats and pressure vessels. The duties of the boilermaker include welding, acetylene burning, riveting, caulking, rigging, fitting up, grounding, reaming and impact machine operating. Page 337 of 651 15 Carpenter Worker who builds wood structures or structures of any material which has replaced wood. Includes rough and finish carpentry, hardware and trim. Carpet/Floor Installer Worker who installs carpet and/or floor coverings and vinyl tile. Commissioning Agent Agent who ensures proper installation and operation of technical building systems. Concrete Finisher Worker who floats, trowels and finishes concrete. Data Communications / Telecommunications Installer Worker who installs data/telephone and television cable and associated equipment and accessories. Delivery Personnel Worker who can deliver materials to other HVAC personnel as well as work as a second man on jobs if necessary. Drafting Worker who provides detail engineering drawings utilizing CADD type documents. Drywall/Ceiling Installer Worker who installs metal framed walls and ceilings, drywall coverings, ceiling grids and ceilings. Duct Cleaner Worker who cleans air conveyance systems using compressed air tools and mechanical agitation devices to dislodge dirt and other contaminants from the ductwork and other HVAC components. Electrician Skilled craftsman who installs or repairs electrical wiring and devices. Includes fire alarm systems and HVAC electrical controls. Elevator Mechanic Craftsman skilled in the installation and maintenance of elevators. Engineering Designer Professional licensed engineer who lays out HVAC, plumbing, electrical, structural or civil systems. Fire Proofing Installer Worker who sprays or applies fire proofing materials. Geothermal Well Field Labor Worker who lays coiled pipe and tests and connects to HVAC equipment in earthen trench. Glazier Worker who installs glass, glazing and glass framing. Heavy Equipment Operator Equipment operator that operates the following, including but not limited to, all Cat tractors, all derrick-powered, all power operated cranes, back-hoe, back filler, power operated shovel, winch truck, all trenching machines. HVAC Building Automation Technician Worker who is capable of working on low temperature refrigeration equipment as well as small commercial equipment under 60 tons. HVAC Commercial A/C Technician Worker who is capable of working on large commercial up to 3000 tons. HVAC Light Commercial Worker who is capable of working on small commercial up to 25 tons. HVAC Duct Installer Worker who installs ductwork. Assists with some equipment installation. Page 338 of 651 16 HVAC Field Supervisor Worker who monitors quality as well as provide technical support to all other HVAC technician skill levels. HVAC Filter Technician Worker who changes filters in all types of HVAC equipment as well as minor maintenance on light commercial equipment such as changing worn belts. HVAC Helper Worker who can assist a commercial or refrigeration technician as well as perform minor analysis and repairs on equipment under 30 tons. HVAC Refrigeration Technician Worker who is capable of working on low temperature refrigeration equipment as well as small commercial equipment under 60 tons. Insulator Worker who applies, sprays or installs insulation. Iron Worker Skilled craftsman who erects structural steel framing and installs structural concrete rebar. Laborer/Helper Worker qualified for only unskilled or semi-skilled work, including but not limited to, lifting, carrying materials and tools, hauling, digging, clean-up. Lather/Plasterer Worker who installs metal framing and lath. Worker who applies plaster to lathing & installs associated accessories Light Equipment Operator Includes, but is not limited to, operation of air compressors, truck crane driver, flex plane, building elevator, form grader, concrete mixer (less than 14cf), conveyer. Mason, Bricklayer Craftsman who works with masonry products, stone, brick, block or any material substituting for those materials and accessories. Metal Building Assembler Worker who assembles pre-made metal buildings. Millwright Mechanic specializing in the installation of heavy machinery, conveyance, wrenches, dock levelers, hydraulic lifts and align pumps. Painer/Wall Covering Installer Worker who prepares wall surfaces & applies paint and/or wall covering, tape and bedding. Pipefitter Trained worker who installs piping systems, chilled water piping and hot water (boiler) piping, pneumatic tubing controls, chillers, boilers and associated mechanical equipment. Plumber Skilled craftsman who installs domestic hot & cold water piping, waste piping, storm system piping, water closets, sinks, urinals, and related work. Project Engineer Worker who monitors the engineering documents as well as provide technical support regarding the engineering plans and specifications as desgined by the Professional Engineer. Worker is responsible for maintaining project status and reports. Page 339 of 651 17 Project Manager Worker who monitors quality as well as provide technical support to all other HVAC technician skill levels and is responsible for maintaining project status and reports. Project Administrator Worker who provides administrative support to all technician skill levels and is responsible for all administrative functions of the project such as billings, contracts, work orders, legal requirements, purchase orders, sales tax certificates as well as proper record keeping. Roofer Worker who installs roofing materials, Bitumen (asphalt and coal tar) felts, flashings, all types roofing membranes & associated products. Sheet Metal Worker Worker who installs sheet metal products. Roof metal, flashings and curbs, ductwork, mechanical equipment and associated metals. Sprinkler Fitter Worker who installs fire sprinkler systems and fire protection equipment. Terrazzo Worker Craftsman who places and finishes Terrazzo. Tile Setter Worker who prepares wall and/or floor surfaces & applies ceramic tiles to these surfaces. Waterproofer/Caulker Worker who applies water proofing material to buildings. Products include sealant, caulk, sheet membrane, liquid membranes, sprayed, rolled or brushed. Test and Balance Technician Certified technician per AABC or NEBB standards trained to perform water and air balance. Also provides sound and vibration testing and preparing of certified reports. Infrared Technician Worker who utilizes infared photography to determine location of thermal heat losses. Water Treatment Technician Certified technician who is trained to evaluate analytical test results on boiler system water, condenser water, and chill water samples and to make appropriate recommendations regarding residual levels, cycles, and feed rates. Specific Information Requested From All Proposal Submitters Harford County Public Schools may make such investigations deemed necessary to determine the ability of the Offeror to furnish the necessary requirements described herein. The Offeror shall furnish, to Harford County Public Schools, all data and information requested in order to determine the Offerors ability to perform under this RFP. Harford County Public Schools reserves the right to reject any offer if the evidence submitted by, or investigation of, such Offeror Page 340 of 651 18 fails to satisfy Harford County Public Schools that such Offeror is qualified to carry out the obligations of the contract. The following is a checklist of required information: #Item Complete 1 3 Original Technical Proposals, 8 flash drives (pg 6 ) 2 2 Original Price Proposals, 2 flash drives (pg 6) 3 HCPS Contract Agreement (pg 23) 4 Supplier Qualification Worksheet (pg 38) 5 Supplier Information (pg 41-48 ) 6 Submission Signature Sheet (pg 49) 7 HCPS Anti-Bribery – Debarment Attestation (pg 50) 8 U.S. Communities Administration Agreement - Signed Unaltered (pg 53-65) 9 MBE Attachment A (pg97-98) 10 MBE Attachment B (pg 99) 11 Cost Proposal Forms (pg 131) 12 Cost Proposal Form for North Harford Middle School (pg 138) 13 Signature Page (pg 144) Page 341 of 651 19 Section 3- Evaluation and Selection Process The evaluation criteria are set forth below and are intended to be the basis by which each proposal shall be evaluated. This is a two-step evaluation process. Technical Proposals and Price Proposals shall be submitted separately and labeled accordingly. Each proposal will be assigned an adjectival rating score as described below. The Supervisor of Purchasing of Harford County Public Schools along with U.S. Communities has selected a committee of qualified personnel to review and evaluate proposals submitted (evaluation committee). The Supervisor of Purchasing will recommend the award of the contract as determined by the evaluation committee after taking into consideration all of the evaluation criteria. The Supervisor of Purchasing will award a contract only to the Offeror/s determined responsive and responsible, and representing the best value to Harford County Public Schools and Participating Agencies based on a final evaluation of both the technical and price proposals. HCPS reserves the right to reject any and all proposals and/or to waive any minor informalities. Harford County Public Schools reserves the right to terminate negotiation when, in its judgment, negotiations have reached an impasse. The successful Offeror will be required to execute a contract with Harford County Public Schools and the contract will include all of the provisions of this RFP, including conditions, attachments and addenda issued. Unsuccessful Offerors may request a debriefing meeting concerning the selection process. The debriefing will occur after contract award. Evaluation Criteria Definitions: A. Discussion: Oral or written communications including negotiations between the Harford County Public Schools and an Offeror that involves information essential for determining the acceptability of the proposal or to cure identified defects in the proposal. B. Clarification: Communication with an Offeror for the sole purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the proposal. Unlike discussion, clarification does not give the Offeror an opportunity to revise or modify its proposal, except to the extent that correction of apparent clerical mistakes results in revision. C. Deficiencies: Any defects in the proposal which preclude acceptance. Involves any part of the Offeror’s proposal which would not satisfy the minimum requirements established in this solicitation. It may also include failure to provide information and questionable technical or management approaches. Page 342 of 651 20 D. Weakness: Aspect of or omission from an Offeror’s proposal that includes ambiguities and conflicts within the proposal, lack of complete descriptions, errors in interpretation, omissions of essential information, inadequate information that prevent the evaluators from knowing the intent of the proposal. E. Strengths: Elements of the proposal that meet or exceed the outcomes identified and may provide additional benefits beyond what is specified. Adjectival Ratings: A. Outstanding (9-10): Exceeds evaluation standards in a beneficial way and meets the outcomes identified and contains strengths and no weaknesses or deficiencies. The proposal submitted is innovative, comprehensive and complete in all details and meets or exceeds performance standards. B. Excellent (7-8): Exceeds evaluation standards in a beneficial way and meets the outcomes identified. Comprehensive and complete and has no significant weaknesses. May be lacking some of the strengths but generally meets performance standards. C. Acceptable (4-5-6): Meets outcomes and performance standards and may contain weaknesses which are not significant and may be correctable. D. Marginal (1-2-3): Fails to meet evaluation standards. Lacks essential information to support the proposal. Does not contain the outcomes and contains significant weaknesses. E. Unacceptable (0): Fails to meet minimum evaluation standards and the deficiencies and weaknesses are uncorrectable. Demonstrated a lack of understanding of requirements or omissions of major areas. Page 343 of 651 21 Section 4 – Proposal Format Technical Proposal Format Your Technical Proposal should be organized with tabs delineating the separation of sections. Your Technical Proposal should include all of the required items listed in the checklist on page 15. Cost Proposal Criteria The Offeror must submit the cost proposal, in the form of the Bid Form, in a separate sealed envelope, clearly marked, fully supported by cost and pricing data adequate to establish the reasonableness of the proposed fees. All pricing submitted in the Bid Form must be inclusive of all fees and service/shipping charges. When award is made, the successful Supplier shall furnish current catalogs and/or price lists which shall become a part of the contract. The Supplier’s name and address shall appear on all catalogs and price lists. Where the price list shows more than one column of prices, Supplier shall clearly mark the column which represents the discounted pricing to Participating Public Agencies. For evaluation purposes, Offeror must submit specific pricing for the Sample Price Scenarios outlined in Attachment 8. Pricing must be reflective of, and based on the pricing structure submitted on the Bid Form. All prices are FOB destination. Alternative Costing Method: If a project requires products and services that are not covered on the Bid Form or if a product or service is required that is more appropriate to be custom designed and manufactured to meet an individual project site’s conditions and/or provided for a unique application or project, the Contractor may use the alternative costing method as follows: The Contractor will be required to: Obtain three (3) written cost proposals from local providers: x Use the most advantageous cost proposal; x Apply the U.S. Communities discount as submitted on the Bid Form; and x All products and services falling under this category must be submitted in advance and approved by the Participating Public Agency prior to being included in any quote or proposal from the Supplier Page 344 of 651 22 Offeror shall be responsible for compliance with any federal, state or local prevailing wage laws. Price/Discounts must remain firm and will include all charges that may be incurred in fulfilling requirements. Invoices will be audited on a random basis along with the necessary supporting documentation. Billing errors will be promptly adjusted. Page 345 of 651 23 Section 5 – Harford County Schools Purchase Agreement MASTER PURCHASE AGREEMENT: By and Between: HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND 102 S. Hickory Ave. Bel Air, MD 21014 and ________________________ ________________________ ________________________ THIS MASTER PURCHASE AGREEMENT made and entered into this, ____ day of _________, 2015, by and between Harford County Public Schools, Maryland (hereinafter referred to as “School District”, “HCPS” or “District”), and ___________________________________ , a corporation authorized to conduct business in the State of Maryland (hereinafter referred to as “Supplier”) This agreement is made on behalf of Harford County Public Schools, Maryland and other participating governmental agencies, through the U.S. Communities Government Purchasing Alliance. WITNESSETH: WHEREAS, pursuant to the District, Supplier has submitted a proposal to provide a master agreement for a National Award covering the following: HVAC products, installation, services and related products and services in accordance with the scope, terms and conditions of Request for Proposal, RFP 15-JLP-023, addenda, amendments, appendices, and related correspondence. The Request for Proposal is incorporated in its entirety and included as part of this agreement. WHEREAS, HCPS desires to engage Supplier to perform said services; and WHEREAS, HCPS and Supplier desire to state terms and conditions under which Supplier will provide said services to Harford County Public Schools (Lead Agency) and participating public agencies who have registered with U.S. Communities. NOW, THEREFORE, in consideration of the mutual covenants, condition and promises contained herein, the parties have to agree to as follows: A. Services. Supplier will provide HVAC products, installation, services and related products and services as detailed in the referenced RFP to HCPS, which is attached hereto and incorporated herein as a part of this Master Purchase Agreement. Page 346 of 651 24 B. Purchase Order.Purchase order shall mean any authorized written, electronic, telephone or fax order sent or made by HCPS pursuant hereto, including but not limited to, written purchase orders, faxed purchase orders, and orders in such other form and/ or mode of transmission as HCPS and Supplier may from time to time agree including purchases made via procurement credit card. C. Term.The initial term of this Master Purchase agreement shall be three (3) years from October 1, 2015 (or the date of HCPS Board approval) through September 30, 2018. This Master Purchasing Agreement may then be renewed by mutual written agreement of the parties for two (2) additional, two (2) year periods. D. Compensation.HCPS agrees to pay, and Supplier agrees to accept as compensation for the products provided pursuant to this Master Purchasing Agreement , the following: a. The price proposal set forth in the final RFP response and all related Amendments E. Invoicing.Supplier agrees to invoice HCPS as deliveries are completed or charge purchases to an authorized HCPS Visa credit card. Invoices shall be delivered to HCPS accounts payable. Each invoice shall include- as applicable- the following data: Item Number, Purchase Order Number, Item Description, Quantity Purchased, Unit Price, Extended price and Delivery location. All purchase orders will be invoiced separately. Each invoice submitted by Supplier shall be paid by HCPS within thirty (30) days after approval. The Supplier has agreed to accept payment via a procurement credit card (i.e. Visa, MasterCard, etc.) which is the preferred method of payment. F. Insurance.Supplier shall maintain at its own cost and expense (and shall cause any Subcontractor to maintain) insurance policies in form and substance acceptable to HCPS as detailed in the Request for Proposal. G. Termination of Contract.This contract may be terminated for cause as per the General Requirements of the RFP, Section 1, L, page 7. H. Notification.Notices under this Master Purchase Agreement shall be addressed as follows: Jeff LaPorta, Supervisor of Purchasing Harford County Public Schools 102 S. Hickory Avenue Bel Air, MD 21014 Page 347 of 651 25 The effective date of any notice under this Master Purchasing Agreement shall be the date of the recipient by the addressee. The failure of either party to give notice of default, or to strictly enforce or insist upon compliance with any of the terms or conditions of this Master Purchase Agreement, or the granting of an extension of time for performance shall not constitute the permanent waiver of any term or condition of this Master Purchasing Agreement. This Master Purchasing Agreement and each of its provisions shall remain at all times in full force effect until modified by the parties in writing. I. Governing Law. This contract shall be interpreted under and governed by the laws of the State of Maryland. Disputes will be settled as per the stipulations contained within the Request for Proposal. J. Incorporation of Appendices. All provisions of Appendices and Amendments are hereby incorporated herein and made a part of this Master Purchase Agreement. In the event of any apparent conflict between any provisions set forth in the main body of the Master Purchasing Agreement and in any provision set forth in the Appendices and Amendments the provisions shall be interpreted, to the extent possible, as if they do not conflict. In the event that such an interpretation is not possible, the provisions set forth in the main body of this Master Purchase Agreement shall control. K. Entire Master Purchase Agreement. This Master Purchase Agreement including the entire RFP solicitation and the Appendices attached hereto contain all the terms and conditions agreed upon by both parties. No other understandings, oral or otherwise, regarding the subject matter of this Master Purchasing Agreement shall be deemed to exist or to bind any of the parties hereto. Not contained herein shall not be binding on either party, nor of any force or effect. Any Best and Final Offer and applicable Amendments are also included and become part of the Master Agreement. L. Participating Public Agencies.Supplier agrees to extend the same terms, covenants and conditions available to HCPS under this Master Purchasing Agreement to other government agencies (“Participating Public Agencies”) that, in their discretion, desire to access this Master Purchasing Agreement in accordance with all terms and conditions contained herein or attached hereto. Each participating Public Agency will be exclusively responsible and deal directly with Supplier on matters relating to ordering, delivery, inspection, acceptance, invoicing and payment for products and services in accordance with the terms and conditions of this Master Purchasing Agreement. Any disputes between a Participating Public Agency and Supplier will be resolved directly between them in accordance with and governed by the laws of the State in which the Participating Public agency exists. Page 348 of 651 26 IN WITNESS WHEREOF, THE PARTIES HAVE EXCUTED THIS AGREEMENT IN THE YEAR AND DAY AS NOTED: HARFORD COUNTY PUBLIC SCHOOLS, MARYLAND by ____________________________________________________________ Superintendent of Schools Date by ____________________________________________________________ Board of Education President Date by ____________________________________________________________ Supervisor of Purchasing Date SUPPLIER: by _____________________________________________________________ General Manager Date Page 349 of 651 27 Section 6 – U.S. Communities Information Master Agreement Harford County Public Schools (herein “Lead Public Agency”) on behalf of itself and all states, local governments, school districts, and higher education institutions in the United States of America, and other government agencies and nonprofit organizations (herein “Participating Public Agencies”) is soliciting proposals from qualified suppliers to enter into a Master Agreement for a complete line of HVAC Equipment, Installation, Services and Related Products and Services (herein “Products and Services”). ALL PRODUCTS OFFERED MUST BE NEW, UNUSED, LATEST DESIGN AND TECHNOLOGY UNLESS OTHERWISE SPECIFIED. Objectives A. Provide and install a Chiller at the Harford County Public Schools, North B. Provide a comprehensive competitively solicited Master Agreement offering Products and Services to Participating Public Agencies; C. Establish the Master Agreement as a Supplier’s primary offering to Participating Public Agencies; D. Achieve cost savings for Suppliers and Participating Public Agencies through a single competitive solicitation process that eliminates the need for multiple bids or proposals; E. Combine the volumes of Participating Public Agencies to achieve cost effective pricing; F. Reduce the administrative and overhead costs of Suppliers and Participating Public Agencies through state of the art ordering and delivery systems; G. Provide Participating Public Agencies with environmentally responsible products and services. U.S. Communities U.S. Communities Government Purchasing Alliance (herein “U.S. Communities”) assists Participating Public Agencies to reduce the cost of purchased goods through strategic sourcing that combines the volumes and the purchasing power of public agencies nationwide. This is accomplished through an award of competitively solicited contracts for high quality products and services by large and well recognized public agencies (herein “Lead Public Agencies”). The contracts provide for use by not only the respective Lead Public Agency, but also by other Participating Public Agencies. Page 350 of 651 28 National Sponsors U.S. Communities is jointly sponsored by the National Association of Counties (NACo), the National League of Cities (NLC), the Association of School Business Officials International (ASBO), and the United States Conference of Mayors (USCM) (herein “National Sponsors”). Advisory Board The U.S. Communities Advisory Board is made up of key government purchasing officials from across the United States. Each Advisory Board Member is expected to actively participate in product bids and selection, participate in policy direction, and share expertise and purchasing innovations. Current U.S. Communities Advisory Board Members Auburn University, AL Hennepin County, MN City and County of Denver, CO Los Angeles County, CA City of Chicago, IL Maricopa County, AZ City of Houston, TX Miami-Dade County, FL City of Kansas City, MO Nassau BOCES, NY City of Los Angeles, CA North Carolina State University, NC City of San Antonio, TX Ocean City, NJ City of Seattle, WA Onondaga County, NY Cobb County, GA Port of Portland, OR Denver Public Schools, CO Prince William County Schools, VA Emory University, GA Salem-Keizer School District, OR Fairfax County, VA San Diego Unified School District, CA Fresno Unified School District, CA State of Iowa Great Valley School District, PA The School District of Collier County, FL Harford County Public Schools, MD Participating Public Agencies Today more than 55,000 public agencies utilize U.S. Communities contracts and suppliers to procure over $1.8 Billion Dollars in products and services annually. Each month more than 500 new public agencies register to participate. The continuing rapid growth of public agency participation is fueled by the program's proven track record of providing public agencies unparalleled value. Page 351 of 651 29 The Supplier(s) must communicate directly with any Participating Public Agency concerning the placement of orders, issuance of the purchase order, contractual disputes, invoicing, and payment. Harford County Public Schools is acting as "Contracting Agent" for the Participating Public Agencies and shall not be held liable for any costs, damages, expenses, fees, liabilities, etc. incurred by any other Participating Public Agency. Each Participating Public Agency enters into a Master Intergovernmental Cooperative Purchasing Agreement (MICPA) outlining the terms and conditions that allow access to the Lead Public Agencies’ Master Agreements. Under the terms of the MICPA, the procurement by the Participating Public Agency shall be construed to be in accordance with, and governed by, the laws of the state in which the Participating Public Agency resides. A copy of the MICPA is attached as Attachment 3. Estimated Volume The estimated dollar volume of Products and Services purchased under the proposed Master Agreement is $150 Million Dollars annually. This estimate is based on the anticipated volume of the Lead Public Agency, the U.S. Communities Advisory Board members, and current sales within the U.S. Communities program. While there is no minimum quantity of products required to be purchased under the proposed Master Agreement, Harford County Public Schools and the U.S. Communities Advisory Board Members are committed to utilizing the Master Agreement. The Advisory Board members shall determine if the Master Agreement is of value to their agency, and will promote the Master Agreement among other public agencies nationwide and internationally. The Advisory Board in 2014 purchased more than $168 Million Dollars of products and services from existing U.S. Communities contracts. Marketing Support U. S. Communities provides marketing support for each Supplier’s products through the following: x National Sponsors as referenced above. x State Associations of Counties, Schools and Municipal Leagues. x Administrative and marketing personnel that directly promote the U.S. Communities Suppliers to Participating Public Agencies through public agency meetings, direct mail, email, online and print advertising, social media, articles, and exhibiting and presenting at national and local trade shows. x U.S. Communities provides Suppliers government sales training, and a host of online marketing and sales management tools to effectively increase sales through U.S. Communities. Page 352 of 651 30 Marketplace U.S. Communities has developed an online Marketplace, which gives Participating Public Agencies the ability to purchase from many U.S. Communities contracts directly from our website. The Marketplace makes it easier for Participating Public Agencies to access many contracts through a single login and place orders using a procurement card, credit card or purchase order. Suppliers have the ability to add their products to the Marketplace at no cost. Multiple Awards Multiple awards may be issued as a result of the solicitation. Multiple Awards will ensure that any ensuing Master Agreements fulfill current and future requirements of the diverse and large number of Participating Public Agencies as well as Harford County Public Schools. Harford County Public Schools reserves the right to award to one supplier for the specific North Harford Middle School chiller replacement, and another (or the same) supplier as the U.S. Communities national on-call supplier. Evaluation of Proposals Proposals will be evaluated by the Lead Public Agency in accordance with, and subject to, the relevant statutes, ordinances, rules and regulations that govern its procurement practices. U.S. Communities Advisory Board members and other Participating Public Agencies will assist the Lead Public Agency in evaluating proposals. The Supplier(s) that respond(s) affirmatively meets the requirements of this Request for Proposal and provides the best overall value will be eligible for a contract award. U.S. Communities reserves the right to make available or not make available Master Agreements awarded by a Lead Public Agency to Participating Public Agencies. Page 353 of 651 31 SUPPLIER QUALIFICATIONS SUPPLIERS Commitments U.S. Communities views the relationship with an awarded Supplier as an opportunity to provide maximum benefit to both the Participating Public Agencies and to the Supplier. The successful foundation of the partnership requires commitments from both U.S. Communities and the Supplier. U.S. Communities requires the Supplier to make the four commitments set forth below (Corporate,Pricing, Economy, Sales) to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies: (a)Corporate Commitment. (i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options. (ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement. (iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement. (v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management. (vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring Page 354 of 651 32 timely follow-up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall implement and support such web page. (vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority. (viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state. (b)Pricing Commitment. (i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services. (ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices. (A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state. (B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier Page 355 of 651 33 would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members. (C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency. (iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies. (iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation: (A) Supplier may opt not to respond to the procurement solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses. (B) Supplier may respond with the pricing, terms and conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. (C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies. (D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement. Page 356 of 651 34 (E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration. (c)Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations. (d)Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies. (i) Supplier Sales. Supplier shall be responsible for proactive direct sales of Supplier’s Products and Services to Public Agencies and the timely follow- up to sales leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non- exclusive, revocable, non-transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the best government pricing, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract. (ii) Branding and Logo Compliance.Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval. Page 357 of 651 35 (iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train regional or district managers and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication: (A) A dedicated U.S. Communities internet web-based homepage containing: (1) U.S. Communities standard logo with Founding Co-Sponsors logos; (2) Copy of original procurement solicitation; (3) Copy of Master Agreement including any amendments; (4) Summary of Products and Services pricing; (5) Electronic link to U.S. Communities’ online registration page; and (6) Other promotional material as requested by U.S. Communities. (B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities. (C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com. (v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order. (vi) Supplier’s Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement. (vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non-exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and Page 358 of 651 36 publicity purposes, with the right to sublicense each and every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party. Page 359 of 651 37 U.S. Communities Administration Agreement Information The Agreement outlines the Supplier’s general duties and responsibilities in implementing the U.S. Communities contract. The Supplier is required to execute the U.S. Communities Administration Agreement unaltered (attached hereto as Attachment 4) and submit with the supplier’s proposal without exception or alteration. Failure to do so will result in disqualification. Page 360 of 651 38 SUPPLIER WORKSHEET FOR NATIONAL PROGRAM CONSIDERATION Suppliers are required to meet specific qualifications. Please respond in the spaces provided after each qualification statement below: A. State if pricing for all Products/Services offered will be the most competitive pricing offered by your organization to Participating Public Agencies nationally. YES____ NO____ B. Does your company have the ability to provide service to any Participating Public Agencies in the contiguous 48 states, and the ability to deliver service in Alaska and Hawaii? YES____ NO____ C. Does your company have a national sales force, dealer network or distributor with the ability to call on Participating Public Agencies in at least 35 U.S. states? YES____ NO____ D. Did your company have sales greater than $100 million last year in the United States? YES____ NO____ E. Does your company have existing capacity to provide electronic and ecommerce ordering and billing? YES____ NO____ F. Will your company assign a dedicated Senior Management level Account Manager to support the resulting U.S. Communities program contract? YES____ NO____ G. Does your company agree to respond to all agency referrals from U.S. Communities within 2 business days? YES____ NO____ H. Does your company maintain records of your overall Participating Public Agencies’ sales that you can and will share with U.S. Communities to monitor program implementation progress? YES____ NO____ I. Will your company commit to the following program implementation schedule? YES____ NO____ J. Will the U.S. Communities program contract be your lead public offering to Participating Public Agencies? YES____ NO____ _____________________________________________________________________________ Submitted by: ________________________________ ___________________________________ (Printed Name)(Signature) ________________________________ ___________________________________ (Title)(Date) Page 361 of 651 39 New Supplier Implementation Checklist Target Completion After Award 1. First Conference Call One Week Initial Kick Off Call to discuss expectations Establish initial contact people & roles/responsibilities Supplier Log-In Credentials established 2. Executed Legal Documents One Week U.S. Communities Admin Agreement Lead Public Agency Agreement signed 3. Program Contact Requirements One Week Supplier contacts communicated to U.S. Communities Staff Dedicated email Dedicated toll free number Dedicated fax number 4. Second Conference Call Two Weeks Set Contract Launch Date & Outline Kick Off Plan Establish WebEx Training Dates Review Contract Commitments Complete Supplier Set Up Form Complete User Account and User ID Form Identify Dates for Senior Management Meeting 5. Marketing Kick Off Call Two Weeks Overview of Marketing Requirements Establish Timeline for Marketing Deliverables Set Weekly Marketing Call 6. Initial NAM & Staff Training Meetings Three Weeks Discuss expectations, roles & responsibilities Introduce and review web-based tools Review process & expectations of Lead Referral contact with NAM & identified LRC 7. Senior Management Meeting Four Weeks Implementation Process Progress Report U.S. Communities & Vendor Organizational Overview Supplier Manager to review & further discuss commitments 8. Review Top Joint Target Opportunities Five Weeks Top 10 Local Contracts Page 362 of 651 40 Review top U.S. Communities PPA's 9. Web Development Initiate IT contact Two Weeks Initiate E-Commerce Conversation Two Weeks Product Upload to U.S. Communities site Five Weeks 10. Sales Training & Roll Out Program Manager briefing - Coordinate with NAM Five Weeks Initial remote WebEx training for all sales - Coordinate with NAM Four Weeks Initiate contact with Advisory Board (AB) members Six Weeks Determine PM & Local Metro teams strategy sessions Six Weeks Page 363 of 651 41 SUPPLIER INFORMATION Please respond to the following requests for information about your company: Background 1. Provide a transmittal letter including the name of Offeror’s company, address, telephone number, website address, primary contact person with email address. 2. Provide a detailed narrative that describes the strengths of the company and its understanding of the scope of work statement. Include a brief history and description of your company and a description of relevant past performance and experience with regards to contracts of similar scale, scope and complexity. National Commitments Offer shall provide a written narrative of its understanding and acceptance of the requirements in Supplier Qualifications on pages 28-33. Company 1. Provide the total number and location of sales persons employed by your company in the United States. Example: NUMBER OF SALES REPRESENTATIVES CITY STATE 13 Phoenix AZ 6Tucson AZ 10 Los Angeles CA 12 San Francisco CA 6 San Diego CA 5SacramentoCA 3Fresno CA Etc. Etc. Total: 366 2. Describe how the above sales persons would be utilized in selling this contract, including the time commitment each sales person will devote to selling this contract. 3. Provide the total number and location of service/installation technicians and engineering positions employed by your company in the United States. Page 364 of 651 42 4. Provide the company annual sales for 2012, 2013 and 2014 in the United States; Sales reporting should be segmented into the following categories: Segment 2012 Sales 2013 Sales 2014 Sales Cities Counties K-12 (Pubic/Private) Higher Education (Public/Private) States Other Public Sector and Nonprofits Federal Private Sector Total Supplier Sales SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2012, 2013, AND 2014 5. Provide annual sales for 2012, 2013 and 2014 in the United States for the proposed Products and/or Services; Sales reporting should be segmented into the following categories: Segment 2012 Sales 2013 Sales 2014 Sales Cities Counties K-12 (Pubic/Private) Higher Education (Public/Private) States Other Public Sector and Nonprofits Federal Private Sector Total Supplier Sales SUPPLIER ANNUAL SALES IN THE UNITED STATE FOR 2012, 2013, AND 2014 6. Provide a description of your company’s relevant market and your position within it. 7. Submit your current Federal Identification Number and latest Dun & Bradstreet report. 8. Provide a list with contact information of your company’s ten largest public agency customers. Page 365 of 651 43 Distribution 1. Describe how your company proposes to distribute the Products and Services nationwide. 2. Identify all other companies that will be involved in processing, handling or shipping the Product to the end user. 3. State the effectiveness of the proposed distribution in providing the lowest cost to the end user. 4. Provide the number, size and location of your company’s distribution facilities, warehouses and retail network as applicable. 5. Provide the number and location of support centers (if applicable). 6. Describe your company’s customer service department staffing levels, hours of operation and other relevant details. 7. If applicable, describe your company’s ability to do business with manufacturer/dealer/distribution organizations that are either small or MWBE businesses as defined by the Small Business Administration. a. If applicable, describe other ways your company can be sensitive to a Participating Public Agency’s desire to utilize local and/or MWBE companies, such as number of local employees and offices in a particular geographic area, companies your firm is using that may be local (i.e. local delivery truck company), your company’s diversity of owner employees, etc. b. If applicable, provide details on any products or services being offered by your company where the manufacturer or service provider is either a small or MWBE business as defined by the Small Business Administration. Provide product/service name, company name and small/MWBE designation. Marketing 1. Outline your company’s plan for marketing the Products and Services to state and local government agencies nationwide. 2. Explain how your company will educate its national sales force about the Master Agreement. 3. Explain how your company will market and transition the Master Agreement into the primary offering to Participating Public Agencies. Page 366 of 651 44 4. Explain how your company plans to market the Master Agreement to existing government customers and transition these customers to the Master Agreement. Please provide the amount of purchases of existing public agency clients that your company will transition to the U.S. Communities contract for the initial three years of the contract in the following format within your proposal. a. $________.00 will be transitioned in year one. b. $________.00 will be transitioned in year two. c. $________.00 will be transitioned in year three. National Staffing Plan 1. A staffing plan is required which describes the Offeror’s proposed staff distribution to implement and manage this contract throughout the term of the contract. At a minimum, this plan should include the following: a. Identify the key personnel who will lead and support the implementation period of the contract outlined in Section 6, New Supplier Implementation Checklist, along with the amount of time to be devoted to implementation; b. Identify the key personnel who are to be engaged in this contract throughout the term of the contract and their relationship to the contracting organization; c. Provide a chart that shows 1) the time commitment of each professional staff member that will be devoted to the contract, 2) each member’s role in maintaining and growing the contract; and 3) a timeline of each member’s involvement throughout the contract. 2. Submit the resumes of the below personnel: a. The person your company proposes to serve as the National Accounts Manager, b. Each person that will be dedicated full time to U.S. Communities account management, and c. Key executive personnel that will be supporting the program. Products, Services and Solutions The primary objective is for each Supplier to provide its complete product and service offerings so that Participating Public Agencies may order a range of products and services as appropriate for their needs. 1.Describe in detail the depth of product your company provides. Page 367 of 651 45 a. Provide a description of the Products, including all related components and parts to be provided by the major product category set forth in the General Definition of Products and/or Services in Section 2 of the RFP. b. Provide catalog or brochure type information as applicable. c. Provide a matrix breaking out product information on all products, options, accessories such as product type, capacity range, standard warranty information, extended warranty information, estimated lead time/delivery time, etc. d. Provide all necessary technical information relating to operation of equipment and systems, along with list of spare parts recommended by manufacturers with part numbers needed to maintain and efficiently run the systems and equipment. 2. Describe in detail the depth of services your company provides. a. Provide a detailed description of the Services, including training, start-up and commissioning services, installation, maintenance, turn-key services, repair services, rentals, leases, equipment upgrades and any other services provided by your company as set forth in the General Definition of Products and/or Services in Section 2 of the RFP. b. Identify the manufacturer products/brands your company can service and support. c. Stipulate the minimum work crew that will be made available at all times ensuring timely and effective project completion. A project foreman, fluent in English, must be onsite during all construction activities and have authority to act on behalf of the Contractor. East site work crew must have at least one journeyman assigned. d. Describe how your company selects sub-contractors for service and/or installation and how you ensure customer satisfaction related to the sub- contractors. e. Describe your company’s process for submitting a test and balance report for each piece of equipment installed, including items that will be covered in the test and balance report. f. Describe your company’s process for delivering a comprehensive commission plan at least two weeks prior to start-up, including details of what will be covered in the plan. Page 368 of 651 46 g. Describe your company’s scope of work for preventative maintenance work. h. Describe and define all scenarios in which additional charges would apply outside of routine preventive maintenance. i. Describe your methodologies for assisting Participating Public Agencies with recommendations on repairs and upgrades from defining the repair/upgrade through the completion of work. j. Describe your company’s process for notifying a Participating Public Agency when personnel are going to be in a facility, your arrival and departure time and the work performed. How do you handle requirements for sign-off of work prior to leaving facility? 3. Describe your company’s ability to provide temporary cooling/chiller units. 4. Describe any related products or services your company offers as outlined in Section 2 Scope of Work, General Definition of Products and Services. 5. Describe your company’s record keeping system for work performed. 6. Describe your ability to provide online access to records. 7. State any options for expediting delivery of product. 8. State backorder policy. Do you fill or kill order and require Participating Public Agency to reorder if item is backordered? 9. State restocking fees and procedures for returning products, if applicable. 10. Describe any special programs that your company offers that will improve customers’ ability to access Products and Services, on-time delivery or other innovative strategies. 11. Describe the capacity of your company to broaden the scope of the contract and keep the product and service offerings current and ensure that latest products, standards and technology for HVAC Products, Installation, Services and Related Products and Services. Quality 1. Describe your company’s safety policy and/or program, including how the policy is communicated to employees, whether the employees are evaluated on safety, and if any employees are dedicated to safety. Page 369 of 651 47 2. Describe your company’s quality control processes. 3. Describe your problem escalation process. 4. How are customer complaints measured and categorized? What processes are in place to know that a problem has been resolved? 5. Describe your company’s post-installation support and warranty specifics. Include both product and installation warranty information. 6. Describe the process for replacement or repair of defective products and warranty related issues. 7. Describe how your company evaluates and determines unit repair versus unit replacement. Administration 1. Describe your company’s capacity to employ telephone, ecommerce, etc., with a specific proposal for processing orders under the Master Agreement. 2. State which forms of ordering allow the use of a procurement card and the accepted banking (credit card) affiliation. 3. Describe the process for ordering when supply of a unit and installation is involved, specifically addressing whether one purchase order is required for the entire project, or if separate purchase orders are required for ordering the product and securing installation services. 4. Describe your company’s internal management system for processing orders from point of customer contact through delivery and billing. Please state if you use a single system or platform for all phases of ordering, processing, delivery and billing. 5. Describe any existing multi-state cooperative purchasing programs, including the entity’s name(s), contact person(s), contact information and annual volume. 6. Describe the capacity of your company to report monthly sales under the Master Agreement by Participating Public Agency within each U.S. state. 7. Describe the capacity of your company to provide management reports, i.e. commodity histories, procurement card histories, green spend, etc. for each Participating Public Agency. Page 370 of 651 48 8. Please provide any suggested improvements and alternatives for doing business with your company that will make this arrangement more cost effective for your company and Participating Public Agencies. Environmental 1. Provide a brief description of any company environmental initiatives, including your company’s environmental strategy, your investment in being an environmentally preferable product leader, and any resources dedicated to your environmental strategy. 2. Describe your company’s process for defining green products or sustainable processes. 3. Describe your product’s recyclability. Describe any buy back or take back options offered. Describe your company’s efforts to reduce or reuse packaging and minimize environmental footprint in the shipping process. Financial Statements The Supplier shall include an audited income statement and balance sheet from the two (2) most recent reporting periods in its proposal. Additional Information Please use this opportunity to describe any/all other features, advantages and benefits of your organization that you feel will provide additional value and benefit to a Participating Public Agency. Page 371 of 651 49 Attachment 1 - Signature Sheet, which must be completed and included in the Technical Proposal submission. SUBMISSION SIGNATURE SHEET I/We agree to provide the services in accordance with the accompanying specifications and all conditions, provisions, attachments and any addenda to this RFP. Company Authorized Representative (please print) Address Signature Address, continued Title Telephone Number Federal Tax I.D. Number E-Mail Address of Firm’s Representative Acknowledgement of Addenda I/We acknowledge receipt of the following Addenda: No. __________, Dated __________ No. __________, Dated __________ No. __________, Dated __________ Page 372 of 651 50 ATTACHMENT –2 RFP NUMBER 15-JLP-023 _____________________________________HARFORD COUNTY PUBLIC SCHOOLS________________________________________ Barbara Canavan, Superintendent 102 South Hicko ry Avenue, Bel Air, MD 21014 CERTIFICATION REGARDING U.S. GOVERNMENT DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 34 CFR, part 85, Section 85.510, Participants' responsibilities. The regulations were published as Part VII of the May 26, 1988, Federal Register (pages 19160-19211). (1) The prospective participant certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. ____________________________________________________________________________________________________ Name and Title of Authorized Agency/Organization Representative ________________________________ __________________________________________________ Signature Date ____________________________________________________________________________________________________ Agency/Organization Above certification instituted by the U. S. Department of Education for all grantees and subgrantees as of fiscal year 1990. ANTI-BRIBERY AFFIDAVIT I HEREBY CERTIFY that: 1. I am the and the duly authorized representative of the firm of whose address is , and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. 2. Except as described in paragraph 3 below, neither I, nor to the best of my knowledge, the above firm, nor any of its officers, directors or partners, or any of its employees directly involved in obtaining contracts with the state or any county, bi-county, or multi-county agency, or subdivision of the State have been convicted of, or have pleaded nolo contendre to a charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions committed after July 1, 1977, which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated Code of Maryland or under the laws of any state or federal government. 3. (State "none"or, as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the date; court, official, or administrative body; and the sentence or disposition, if any._________________________________________________________________________________ _______________________________________________________________________________________________ I acknowledge that this affidavit is to be furnished to the requesting agency, to the Secretary of Budget and Fiscal Planning of Maryland, and where appropriate, to the Board of Public Works and the Attorney General under '16-202, S.F. of the Annotated Code of Maryland. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the State may terminate any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with '16-203, S.F. of the Annotated Code of Maryland, which provides that certain persons who have been convicted of or have admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the State or any of its agencies or subdivisions. I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct. ___________________________________________ Signature Witness ______________________________________________ Date 410.638.4080 Purchasing Agent: Jeffrey LaPorta_____ Page 373 of 651 51 Attachment 3 – Master Intergovernmental Cooperative Purchasing Agreement (MICPA) This agreement is made between certain government agencies that execute a Lead Public Agency Certificate (‘Lead Public Agencies”) to be appended and made a part hereof and other government agencies (“Participating Public Agencies”) that agree to the terms and conditions hereof through the U.S. Communities registration and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national and international volumes (herein “Products and Services”); WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act as may be applicable to the laws of the State of purchase; WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost; WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products and Services; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products and Services. 2. That the procurement of Products and Services subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices. 3. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, Page 374 of 651 52 efficiency and economy of Participating Public Agencies procurement of Products and Services 5. That a procuring party will make timely payments to the Supplier for Products and Services received in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and Services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products and Services under this agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. 9. This agreement shall remain in effect until termination by a party giving 30 days written notice to U.S. Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597. 10.This agreement shall take effect after execution of the Lead Public Agency Certificate or Participating Public Agency Registration, as applicable. Page 375 of 651 53 Attachment 4 – Administration Agreement This ADMINISTRATION AGREEMENT (“Agreement”) is made as of ________________, by and between U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE (“U.S. Communities”) and _______________________ (“Supplier”). RECITALS WHEREAS, (“Lead Public Agency”) has entered into a certain Master Agreement dated as of even date herewith, referenced as Agreement No. _______, by and between Lead Public Agency and Supplier (as amended from time to time in accordance with the terms thereof, the “Master Agreement”) for the purchase of ___________________ (the “Products and Services”); WHEREAS, the Master Agreement provides that any state, county, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution (including community colleges, colleges and universities, both public and private), other government agency or nonprofit organization (each a “Public Agency” and collectively, “Public Agencies”) may purchase Products and Services at the prices indicated in the Master Agreement upon prior registration with U.S. Communities, in which case the Public Agency becomes a “Participating Public Agency”; WHEREAS, U.S. Communities has the administrative and legal capacity to administer purchases under the Master Agreement to Participating Public Agencies; WHEREAS, U.S. Communities serves as the administrative agent for Lead Public Agency and other lead public agencies in connection with other master agreements offered by U.S. Communities; WHEREAS, Lead Public Agency desires U.S. Communities to proceed with administration of the Master Agreement on the same basis as other master agreements; WHEREAS, “U.S. Communities Government Purchasing Alliance” is a trade name licensed by U.S. Communities Purchasing & Finance Agency; and WHEREAS, U.S. Communities and Supplier desire to enter into this Agreement to make available the Master Agreement to Participating Public Agencies. NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, U.S. Communities and Supplier hereby agree as follows: ARTICLE I GENERAL TERMS AND CONDITIONS Page 376 of 651 54 1.1 The Master Agreement, attached hereto as Exhibit A and incorporated herein by reference as though fully set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement. 1.2 U.S. Communities shall be afforded all of the rights, privileges and indemnifications afforded to Lead Public Agency under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to U.S. Communities under this Agreement including, without limitation, Supplier’s obligation to provide insurance and certain indemnifications to Lead Public Agency. 1.3 Supplier shall perform all duties, responsibilities and obligations required under the Master Agreement in the time and manner specified by the Master Agreement. 1.4 U.S. Communities shall perform all of its duties, responsibilities and obligations as administrator of purchases under the Master Agreement as set forth herein, and Supplier acknowledges that U.S. Communities shall act in the capacity of administrator of purchases under the Master Agreement. 1.5 With respect to any purchases made by Lead Public Agency or any Participating Public Agency pursuant to the Master Agreement, U.S. Communities (a) shall not be construed as a dealer, re-marketer, representative, partner, or agent of any type of Supplier, Lead Public Agency or such Participating Public Agency, (b) shall not be obligated, liable or responsible (i) for any orders made by Lead Public Agency, any Participating Public Agency or any employee of Lead Public Agency or a Participating Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by a Participating Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. U.S. Communities makes no representations or guaranties with respect to any minimum purchases required to be made by Lead Public Agency, any Participating Public Agency, or any employee of Lead Public Agency or a Participating Public Agency under this Agreement or the Master Agreement. ARTICLE II TERM OF AGREEMENT 2.1 This Agreement is effective as of ____________________ and shall terminate upon termination of the Master Agreement or any earlier termination in accordance with the terms of this Agreement, provided, however, that the obligation to pay all amounts owed by Supplier to U.S. Communities through the termination of this Agreement and all indemnifications afforded by Supplier to U.S. Communities shall survive the term of this Agreement. ARTICLE III REPRESENTATIONS AND COVENANTS Page 377 of 651 55 3.1 U.S. Communities views the relationship with Supplier as an opportunity to provide benefits to both Public Agencies and Supplier. The successful foundation of the relationship requires certain representations and covenants from both U.S. Communities and Supplier. 3.2 U.S. Communities’ Representations and Covenants. (a) Marketing. U.S. Communities shall proactively market the Master Agreement to Public Agencies using resources such as a network of major sponsors including the National League of Cities (NLC), National Association of Counties (NACo), United States Conference of Mayors (USCM), and the Association of School Business Officials (ASBO) (collectively, the “Founding Co-Sponsors”) and individual state-level sponsors. In addition, the U.S. Communities staff shall enhance Supplier’s marketing efforts through meetings with Public Agencies, participation in key events and tradeshows and by providing online tools to Supplier’s sales force. (b) Training and Knowledge Management Support. U.S. Communities shall provide support for the education, training and engagement of Supplier’s sales force as provided herein. Through its staff (each, a “Program Manager” and collectively, the “Program Managers”), U.S. Communities shall conduct training sessions with Supplier and shall conduct calls jointly with Supplier to Public Agencies. U.S. Communities shall also provide Supplier with access to U.S. Communities’ private intranet website which provides presentations, documents and information to assist Supplier’s sales force in effectively promoting the Master Agreement. 3.3 Supplier’s Representations and Covenants. Supplier hereby represents and covenants as follows in order to ensure that Supplier is providing the highest level of public benefit to Participating Public Agencies (such representations and covenants are sometimes referred to as “Supplier’s Commitments” and are comprised of the Corporate Commitment, Pricing Commitment, Economy Commitment and Sales Commitment): (a)Corporate Commitment. (i) The pricing, terms and conditions of the Master Agreement shall, at all times, be Supplier’s primary contractual offering of Products and Services to Public Agencies. All of Supplier’s direct and indirect marketing and sales efforts to Public Agencies shall demonstrate that the Master Agreement is Supplier’s primary offering and not just one of Supplier’s contract options. (ii) Supplier’s sales force (including inside, direct and/or authorized dealers, distributors and representatives) shall always present the Master Agreement when marketing Products or Services to Public Agencies. (iii) Supplier shall advise all Public Agencies that are existing customers of Supplier as to the pricing and other value offered through the Master Agreement. Page 378 of 651 56 (iv) Upon authorization by a Public Agency, Supplier shall transition such Public Agency to the pricing, terms and conditions of the Master Agreement. (v) Supplier shall ensure that the U.S. Communities program and the Master Agreement are actively supported by Supplier’s senior executive management. (vi) Supplier shall provide a national/senior management level representative with the authority and responsibility to ensure that the Supplier’s Commitments are maintained at all times. Supplier shall also designate a lead referral contact person who shall be responsible for receiving communications from U.S. Communities concerning new Participating Public Agency registrations and for ensuring timely follow-up by Supplier’s staff to requests for contact from Participating Public Agencies. Supplier shall also provide the personnel necessary to implement and support a supplier-based internet web page dedicated to Supplier’s U.S. Communities program and linked to U.S. Communities’ website and shall implement and support such web page. (vii) Supplier shall demonstrate in its procurement solicitation response and throughout the term of the Master Agreement that national/senior management fully supports the U.S. Communities program and its commitments and requirements. National/Senior management is defined as the executive(s) with companywide authority. (viii) Where Supplier has an existing contract for Products and Services with a state, Supplier shall notify the state of the Master Agreement and transition the state to the pricing, terms and conditions of the Master Agreement upon the state’s request. Regardless of whether the state decides to transition to the Master Agreement, Supplier shall primarily offer the Master Agreement to all Public Agencies located within the state. (b)Pricing Commitment. (i) Supplier represents to U.S. Communities that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services. (ii) Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower prices. Page 379 of 651 57 (A) Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state. (B) Supplier holds a regional cooperative contract with lower pricing that is available only to the ten cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members. (C) Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency. (iii) Deviating Buying Patterns. Occasionally U.S. Communities and Supplier may interact with a Public Agency that has a buying pattern or terms and conditions that considerably deviate from the normal Public Agency buying pattern and terms and conditions, and causes Supplier’s pricing under the Master Agreement to be higher than an alternative contract held by Supplier. This could be created by a unique end-user preference or requirements. In the event that this situation occurs, Supplier may address the issue by lowering the price under the Master Agreement on the item(s) causing the large deviation for that Public Agency. Supplier would not be required to lower the price for other Public Agencies. (iv) Supplier’s Options in Responding to a Third Party Procurement Solicitation. While it is the objective of U.S. Communities to encourage Public Agencies to piggyback on to the Master Agreement rather than issue their own procurement solicitations, U.S. Communities recognizes that for various reasons some Public Agencies will issue their own solicitations. The following options are available to Supplier when responding to a Public Agency solicitation: (A) Supplier may opt not to respond to the procurement solicitation. Supplier may make the Master Agreement available to the Public Agency as a comparison to its solicitation responses. (B) Supplier may respond with the pricing, terms and conditions of the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. (C) If competitive conditions require pricing lower than the standard Master Agreement pricing, Supplier may submit lower pricing through the Master Agreement. If Supplier is awarded the contract, the sales would be reported as sales under the Master Agreement. Supplier would not be required to extend the lower price to other Public Agencies. Page 380 of 651 58 (D) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement. If awarded a contract, Supplier shall still be bound by all obligations set forth in this Section 3.3, including, without limitation, the requirement to continue to advise the awarding Public Agency of the pricing, terms and conditions of the Master Agreement. (E) Supplier may respond to the procurement solicitation with pricing that is higher (net to buyer) than the pricing offered under the Master Agreement and if an alternative response is permitted, Supplier may offer the pricing under the Master Agreement as an alternative for consideration. (c)Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations. (d)Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies. Supplier’s sales force compensation and incentives shall be greater than or equal to the compensation and incentives earned under other contracts to Public Agencies. (i) Supplier Sales. Supplier shall be responsible for proactive direct sales of Supplier’s Products and Services to Public Agencies and the timely follow-up to sales leads identified by U.S. Communities. Use of product catalogs, targeted advertising, direct mail and other sales initiatives are encouraged. All of Supplier’s sales materials targeted towards Public Agencies shall include the U.S. Communities logo. U.S. Communities hereby grants to Supplier, during the term of this Agreement, a non-exclusive, revocable, non-transferable, license to use the U.S. Communities name, trademark, and logo solely to perform its obligations under this Agreement, and for no other purpose. Any goodwill, rights, or benefits derived from Supplier's use of the U.S. Communities name, trademark, or logo shall inure to the benefit of U.S. Communities. U.S. Communities shall provide Supplier with its logo and the standards to be employed in the use of the logo. During the term of the Agreement, the Supplier shall provide U.S. Communities with its logo and the standards to be employed in the use of the logo for purposes of reproducing and using Supplier’s name and logo in connection with the advertising, marketing and promotion of the Master Agreement to Public Agencies. Supplier shall assist U.S. Communities by providing camera-ready logos and by participating in related trade shows and conferences. At a minimum, Supplier's sales initiatives shall communicate that (i) the Master Agreement was competitively solicited by the Lead Public Agency, (ii) the Master Agreement provides the best government pricing, (iii) there is no cost to Participating Public Agencies, and (iv) the Master Agreement is a non-exclusive contract. (ii) Branding and Logo Compliance.Supplier shall be responsible for complying with the U.S. Communities branding and logo standards and guidelines. Prior to use Page 381 of 651 59 by Supplier, all U.S. Communities related marketing material must be submitted to U.S. Communities for review and approval. (iii) Sales Force Training. Supplier shall train its national sales force on the Master Agreement and U.S. Communities program. U.S. Communities shall be available to train regional or district managers and generally assist with the education of sales personnel. (iv) Participating Public Agency Access. Supplier shall establish the following communication links to facilitate customer access and communication: (A) A dedicated U.S. Communities internet web-based homepage containing: (1) U.S. Communities standard logo with Founding Co- Sponsors logos; (2) Copy of original procurement solicitation; (3) Copy of Master Agreement including any amendments; (4) Summary of Products and Services pricing; (5) Electronic link to U.S. Communities’ online registration page; and (6) Other promotional material as requested by U.S. Communities. (B) A dedicated toll-free national hotline for inquiries regarding U.S. Communities. (C) A dedicated email address for general inquiries in the following format: uscommunities@(name of supplier).com. (v) Electronic Registration. Supplier shall be responsible for ensuring that each Public Agency has completed U.S. Communities’ online registration process prior to processing the Public Agency’s first sales order. (vi) Supplier’s Performance Review. Upon request by U.S. Communities, Supplier shall participate in a performance review meeting with U.S. Communities to evaluate Supplier’s performance of the covenants set forth in this Agreement. (vii) Supplier Content. Supplier may, from time to time, provide certain graphics, media, and other content to U.S. Communities (collectively "Supplier Content") for use on U.S. Communities websites and for general marketing and publicity purposes. During the term of the Agreement, Supplier hereby grants to U.S. Communities and its affiliates a non- exclusive, worldwide, free, transferrable, license to reproduce, modify, distribute, publically perform, publically display, and use Supplier Content in connection with U.S. Communities websites and for general marketing and publicity purposes, with the right to sublicense each and Page 382 of 651 60 every such right. Supplier warrants that: (a) Supplier is the owner of or otherwise has the unrestricted right to grant the rights in and to Supplier Content as contemplated hereunder; and (b) the use of Supplier Content and any other materials or services provided to U.S. Communities as contemplated hereunder will not violate, infringe, or misappropriate the intellectual property rights or other rights of any third party 3.4 Breach of Supplier’s Representations and Covenants. The representations and covenants set forth in this Agreement are the foundation of the relationship between U.S. Communities and Supplier. If Supplier is found to be in violation of, or non-compliance with, one or more of the representations and covenants set forth in this Agreement, Supplier shall have ninety (90) days from the notice of default to cure such violation or non-compliance and, if Supplier fails to cure such violation or non-compliance within such notice period, it shall be deemed a cause for immediate termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion. 3.5 Indemnity. Supplier hereby agrees to indemnify and defend U.S. Communities, and its parent companies, subsidiaries, affiliates, shareholders, member, manager, officers, directors, employees, agents, and representatives from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of any of Supplier's representations, warranties, or covenants in this Agreement. ARTICLE IV PRICING AUDITS 4.1 Supplier shall, at Supplier’s sole expense, maintain an accounting of all purchases made by Lead Public Agency and Participating Public Agencies under the Master Agreement. U.S. Communities and Lead Public Agency each reserve the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. U.S. Communities shall have the authority to conduct random audits of Supplier’s pricing that is offered to Participating Public Agencies at U.S. Communities’ sole cost and expense. Notwithstanding the foregoing, in the event that U.S. Communities is made aware of any pricing being offered to three (3) or more Participating Public Agencies that is materially inconsistent with the pricing under the Master Agreement, U.S. Communities shall have the ability to conduct a reasonable audit of Supplier’s pricing at Supplier’s sole cost and expense during regular business hours upon reasonable notice. U.S. Communities may conduct the audit internally or may engage a third-party auditing firm on a non-contingent basis. Supplier shall solely be responsible for the cost of the audit up to the first $50,000 and U.S. Communities and Supplier shall each be responsible for fifty percent (50%) of the audit costs that exceed $50,000. In the event of an audit, the requested materials shall be provided in the format and at the location where kept in the ordinary course of business by Supplier. ARTICLE V Page 383 of 651 61 FEES & REPORTING 5.1 Administrative Fees. Supplier shall pay to U.S. Communities a monthly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of two percent (2%) of aggregate purchases made during each calendar month (individually and collectively, “Administrative Fees”). Supplier’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by wire to U.S. Communities, or its designee or trustee as may be directed in writing by U.S. Communities. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar month for purchases shipped and billed during such calendar month. U.S. Communities agrees to pay to Lead Public Agency five percent (5%) of all Administrative Fees received from Supplier to help offset Lead Public Agency’s costs incurred in connection with managing the Master Agreement nationally. 5.2 Sales Reports. Within thirty (30) days of the end of each calendar month, Supplier shall deliver to U.S. Communities an electronic accounting report, in the format prescribed by Exhibit B, attached hereto, summarizing all purchases made under the Master Agreement during such calendar month (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar month shall be included in the Sales Report. U.S. Communities reserves the right upon reasonable advance notice to Supplier to change the prescribed report format to accommodate the distribution of the Administrative Fees to its program sponsors and state associations. (a) Monthly Sales Reports shall include all sales reporting under the Master Agreement, and a breakout of Environmental Preferable (Green) sales reporting. Supplier must make reasonable attempts at filling in all required information and contact U.S. Communities with a plan to correct any deficiencies of data field population. (b) Submitted reports shall be verified by U.S. Communities against its registration database. Any data that is inconsistent with the registration database shall be changed prior to processing. 5.3 Exception Reporting/Sales Reports Audits. U.S. Communities or its designee may, at its sole discretion, compare Supplier’s Sales Reports with Participating Public Agency records or other sales analysis performed by Participating Public Agencies, sponsors, advisory board members or U.S. Communities staff. If there is a material discrepancy between the Sales Report and such records or sales analysis as determined by U.S. Communities, U.S. Communities shall notify Supplier in writing and Supplier shall have thirty (30) days from the date of such notice to resolve the discrepancy to U.S. Communities’ reasonable satisfaction. Upon resolution of the discrepancy, Supplier shall remit payment to U.S. Communities’ trustee within fifteen (15) calendar days. Any questions regarding an exception report should be directed to U.S. Communities in writing to reporting@uscommunities.org. If Supplier does not resolve the discrepancy to U.S. Communities’ reasonable satisfaction within thirty (30) days, U.S. Communities shall have the right to engage outside services to conduct an independent Page 384 of 651 62 audit of Supplier’s reports. Supplier shall solely be responsible for the cost of the audit up to the first $50,000 and U.S. Communities and Supplier shall each be responsible for fifty percent (50%) of the audit costs that exceed $50,000. 5.4 Online Reporting. Within sixty (60) days of the end of each calendar quarter, U.S. Communities shall provide online reporting to Supplier containing Supplier’s sales reporting for such calendar quarter. Supplier shall contact U.S. Communities within fifteen (15) days of receiving notification of the online reporting and report to U.S. Communities any concerns or disputes regarding the reports, including but not limited to concerns regarding the following: Report Name Follow up with U.S. Communities 5 Qtr Drop Sales Analysis Financial & Reporting Manager Zero States Sales Report Program Manager Registered Agency Without Sales Report Program Manager Supplier shall have access to the above reports through the U.S. Communities intranet website. The following additional reports are also available to Supplier and are useful in resolving reporting issues and enabling Supplier to better manage its Master Agreement: (i) Agency Sales by Population/Enrollment Report (ii) Hot Prospect Sales Report (iii) New Lead Sales Report (iv) State Comparison Sales Report (v) Advisory Board Usage Report (vi) Various Agency Type Comparison Reports (vii) Sales Report Builder 5.5 Supplier’s Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at Lead Public Agency’s sole discretion or this Agreement at U.S. Communities’ sole discretion. All Administrative Fees not paid within thirty (30) days of the end of the previous calendar month shall bear interest at the rate of one and one-half percent (1.5%) per month until paid in full. ARTICLE VI MISCELLANEOUS 6.1 Entire Agreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. Page 385 of 651 63 6.2 Attorney’s Fees. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs in addition to any other relief to which such party may be entitled. 6.3 Assignment. (a) Supplier. Neither this Agreement nor any rights or obligations hereunder shall be assignable by Supplier without prior written consent of U.S. Communities, and any assignment without such consent shall be void. (b) U.S. Communities. This Agreement and any rights or obligations hereunder may be assigned by U.S. Communities in U.S. Communities’ sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform U.S. Communities’ obligations hereunder. 6.4 Notices. All reports, notices or other communications given hereunder shall be delivered by first-class mail, postage prepaid, or overnight delivery requiring signature on receipt to the addresses as set forth below. U.S. Communities may, by written notice delivered to Supplier, designate any different address to which subsequent reports, notices or other communications shall be sent. U.S. Communities: U.S. Communities 2999 Oak Road, Suite 710 Walnut Creek, California 94597 Attn: Program Manager Administration Supplier: ________________________________ ________________________________ ________________________________ ________________________________ Attn: U.S. Communities Program Manager 6.5 Severability. If any provision of this Agreement shall be deemed to be, or shall in fact be, illegal, inoperative or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatever. 6.6 Waiver. Any failure of a party to enforce, for any period of time, any of the provisions under this Agreement shall not be construed as a waiver of such provisions or of the right of said party thereafter to enforce each and every provision under this Agreement. 6.7 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 6.8 Modifications. This Agreement may not be effectively amended, changed, modified, altered or terminated without the prior written consent of the parties hereto. Page 386 of 651 64 6.9 Governing Law; Arbitration. This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles. Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this dispute resolution clause, shall be determined by arbitration in Walnut Creek, California, before one (1) arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The prevailing party will be entitled to recover its reasonable attorneys' fees and arbitration costs from the other party. The arbitration award shall be final and binding. Each party commits that prior to commencement of arbitration proceedings, the parties shall submit the dispute to JAMS for mediation. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in promptly scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. The mediation will be conducted by each party designating a duly authorized officer or other representative to represent the party with the authority to bind the party, and that the parties agree to exchange informally such information as is reasonably necessary and relevant to the issues being mediated. All offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator or any JAMS employees, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non- discoverable as a result of its use in the mediation. If the dispute is not resolved within thirty (30) days from the date of the submission of the dispute to mediation (or such later date as the parties may mutually agree in writing), the administration of the arbitration shall proceed. The mediation may continue, if the parties so agree, after the appointment of the arbitrator. Unless otherwise agreed by the parties, the mediator shall be disqualified from serving as arbitrator in the case. The pendency of a mediation shall not preclude a party from seeking provisional remedies in aid of the arbitration from a court of appropriate jurisdiction, and the parties agree not to defend against any application for provisional relief on the ground that a mediation is pending. 6.10 Successors and Assigns. This Agreement shall inure to the benefit of and shall be binding upon U.S. Communities, Supplier and any successor and assign thereto; subject, however, to the limitations contained herein. [Remainder of Page Intentionally Left Blank – Signatures Follow] Page 387 of 651 65 IN WITNESS WHEREOF, U.S. Communities has caused this Agreement to be executed in its name and Supplier has caused this Agreement to be executed in its name, all as of the date first written above. U.S. Communities: U.S. COMMUNITIES GOVERNMENT PURCHASING ALLIANCE By _______________________________ Name: _______________________________ Title: _______________________________ Supplier: _____________________________________ By _______________________________ Name: _______________________________ Title: _______________________________ Page 388 of 651 66 SALES REPORT FORMAT Appendix B - US (Data Format) TIN Supplier ID Account No.Agency Name Dept Name Address City State Zip Agency Type Year Qtr Month Amount 956000735 160 89518997 CITY OF LA/MGMT EMPL SVCS Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 1525.50 956000222 160 34868035 LOS ANGELES COUNTY Facilities 350 S FIGUEROA ST STE 700 LOS ANGELES CA 90071 30 2012 2 5 1603.64 956000735 160 89496461 CITY OF LA/ENVIRON AFFAIR Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 1625.05 956000735 160 89374835 CITY OF LA/COMMUNITY DEV Purchasing 555 RAMIREZ ST STE 312 LOS ANGELES CA 90012 20 2012 2 5 45090.79 066002010 160 328NA0001053 GROTON TOWN OF PUBLIC WORKS Water 123 A St.GROTON CT 06340 20 2012 2 5 318.00 066001854 160 328NA0001051 GROTON CITY OF Administration 123 A St.GROTON CT 06340 20 2012 2 5 212.00 Column Name Required Data Type Length Example Comment TIN Optional Text 9 956000735 No Dash, Do not omit leading zero. Supplier ID Yes Number 3 111 See Supplier ID Table Below Account No. Optional Text 25 max Agency Name Yes Text 255 max Dept Name Optional Text 255 max Address Yes Text 255 max City Yes Text 255 max Los Angeles Must be a valid City name State Yes Text 2 CA Zip Yes Text 5 90071 No Dash, Do not omit leading zero, Valid zip code Agency Type Yes Number 2 30 See Agency Type Table Below Year Yes Number 4 2010 Qtr Yes Number 1 4 Month Yes Number 2 Amount Yes Number variable 45090.79 Two digit decimal point, no $ sign or commas Agency Type ID Agency Type Description 10 K-12 11 Community College 12 College and University 20 City 21 City Special District 22 Consolidated City/County 30 County 31 County Special District 40 Federal 41 Crown Corporations 50 Housing Authority 80 State Agency 81 Independent Special District 82 Non-Profit 84 Other Agency Type Table Sales Report Template SALES REPORT DATA FORMAT Depends on supplier account no. Los Angeles County Purchasing Dept 12 Page 389 of 651 67 Attachment 5 – State Notice Addendum Pursuant to certain state notice provisions the following public agencies and political subdivisions of the referenced public agencies are eligible to access the contract award made pursuant to this solicitation. Public agencies and political subdivisions are hereby given notice of the foregoing request for proposal for purposes of complying with the procedural requirements of said statutes: Nationwide: http://www.usa.gov/Agencies/Local_Government/Cities.shtml Other states: State of Oregon, State of Hawaii, State of Washington State: HI Account Type: HI Counties, Cities, Colleges Hawaii County Honolulu County Kauai County Maui County Kalawao County Aiea Anahola Barbers Point N A S Camp H M Smith Captain Cook Eleele Ewa Beach Fort Shafter Haiku Hakalau Haleiwa Hana Hanalei Hanamaulu Hanapepe Hauula Hawaii National Park Hawaiian Ocean View Hawi Hickam AFB Hilo Holualoa Honaunau Honokaa Honolulu Honomu Hoolehua Kaaawa Kahuku Kahului Kailua Kailua Kona Kalaheo Kalaupapa Kamuela Kaneohe Kapaa Kapaau Kapolei Kaumakani Kaunakakai Kawela Bay Keaau Kealakekua Kealia Page 390 of 651 68 Keauhou Kekaha Kihei Kilauea Koloa Kualapuu Kula Kunia Kurtistown Lahaina Laie Lanai City Laupahoehoe Lawai Lihue M C B H Kaneohe Bay Makawao Makaweli Maunaloa Mililani Mountain View Naalehu Ninole Ocean View Ookala Paauhau Paauilo Pahala Pahoa Paia Papaaloa Papaikou Pearl City Pearl Harbor Pepeekeo Princeville Pukalani Puunene Schofield Barracks Tripler Army Medical Center Volvano Wahiawa Waialua Waianae Waikoloa Wailuku Waimanalo Waimea Waipahu Wake Island Wheeler Army Airfield Brigham Young University - Hawaii Chaminade University of Honolulu Hawaii Business College Hawaii Pacific University Hawaii Technology Institute Heald College - Honolulu Remington College - Honolulu Campus University of Phoenix - Hawaii Campus Hawaii Community College Honolulu Community College Kapiolani Community College Kauai Community College Leeward Community College Maui Community College University of Hawaii at Hilo University of Hawaii at Manoa Windward Community College Page 391 of 651 69 State: HI Account Type: K-12 Malama Honua Public Charter School ST JOHN THE BAPTIST Waimanalo Elementary and Intermediate School Kailua High School PACIFIC BUDDHIST ACADEMY HAWAII TECHNOLOGY ACADEMY CONGREGATION OF CHRISTIAN BROTHERS OF HAWAII, INC. MARYKNOLL SCHOOL ISLAND SCHOOL STATE OF HAWAII, DEPT. OF EDUCATION KE KULA O S. M. KAMAKAU KAMEHAMEHA SCHOOLS HANAHAU`OLI SCHOOL EMMANUAL LUTHERAN SCHOOL School Lunch Program Our Savior Lutheran School Account Type: County BOARD OF WATER SUPPLY MAUI COUNTY COUNCIL Kauai County Council Honolulu Fire Department COUNTY OF MAUI Account Type: Non-Profit (68 records) Lanai Community Health Center Maui High Band Booster Club Naalehu Assembly of God outrigger canoe club One Kalakaua Native Hawaiian Hospitality Association St. Theresa School Hawaii Peace and Justice Kauai Youth Basketball Association NA HALE O MAUI LEEWARD HABITAT FOR HUMANITY WAIANAE COMMUNITY OUTREACH NA LEI ALOHA FOUNDATION HAWAII FAMILY LAW CLINIC DBA ALA KUOLA BUILDING INDUSTRY ASSOCIATION OF HAWAII UNIVERSITY OF HAWAII FEDERAL CREDIT UNION LANAKILA REHABILITATION CENTER INC. POLYNESIAN CULTURAL CENTER CTR FOR CULTURAL AND TECH INTERCHNG BETW EAST AND WEST BISHOP MUSEUM ALOCHOLIC REHABILITATION SVS OF HI INC DBA HINA MAUKA ASSOSIATION OF OWNERS OF KUKUI PLAZA MAUI ECONOMIC DEVELOPMENT BOARD NETWORK ENTERPRISES, INC. HONOLULU HABITAT FOR HUMANITY ALOHACARE ORI ANUENUE HALE, INC. IUPAT, DISTRICT COUNCIL 50 GOODWILL INDUSTRIES OF HAWAII, INC. HAROLD K.L. CASTLE FOUNDATION MAUI ECONOMIC OPPORTUNITY, INC. EAH, INC. PARTNERS IN DEVELOPMENT FOUNDATION HABITAT FOR HUMANITY MAUI W. M. KECK OBSERVATORY HAWAII EMPLOYERS COUNCIL HAWAII STATE FCU MAUI COUNTY FCU PUNAHOU SCHOOL YMCA OF HONOLULU EASTER SEALS HAWAII AMERICAN LUNG ASSOCIATION Hawaii Area Committee READ TO ME INTERNATIONAL FOUNDATION MAUI FAMILY YMCA WAILUKU FEDERAL CREDIT UNION ST. THERESA CHURCH HALE MAHAOLU West Maui Community Federal Credit Union Page 392 of 651 70 Hawaii Island Humane Society Kama'aina Care Inc International Archaeological Research Institute, Inc. Community Empowerment Resources Tutu and Me Traveling Preschool First United Methodist Church AOAO Royal Capitol Plaza Kumpang Lanai Child and Family Service MARINE SURF WAIKIKI, INC. Hawaii Health Connector Hawaii Carpenters Market Recovery Program Fund Puu Heleakala Community Association Saint Louis School Kailua Racquet Club, Ltd. Homewise Inc. Hawaii Baptist Academy Kroc Center Hawaii Kupu Account Type: College and University University of the Nations ARGOSY UNIVERSITY HAWAII PACIFIC UNIVERSITY UNIVERSITY OF HAWAII AT MANOA RESEARCH CORPORATION OF THE UNIVERSITY OF HAWAII BRIGHAM YOUNG UNIVERSITY - HAWAII University Clinical Research and Association CHAMINADE UNIVERSITY OF HONOLULU Account Type: Other Hawaii Information Consortium Leeward Community Church E Malama In Keiki O Lanai Keawala'i Congregational Church Lanai Community Hospital Angels at Play Preschool & Kindergarten Queen Emma Gardens AOAO Account Type: Community College Honolulu Community College COLLEGE OF THE MARSHALL ISLANDS Account Type: State Agency DOT Airports Division Hilo International Airport Judiciary - State of Hawaii ADMIN. SERVICES OFFICE SOH- JUDICIARY CONTRACTS AND PURCH STATE DEPARTMENT OF DEFENSE HAWAII CHILD SUPPORT ENFORCEMENT AGENCY HAWAII HEALTH SYSTEMS CORPORATION HAWAII AGRICULTURE RESEARCH CENTER STATE OF HAWAII Third Judicial Circuit - State of Hawaii Account Type: Consolidated City/County CITY AND COUNTY OF HONOLULU Lanai Youth Center Account Type: Federal US Navy Defense Information System Agency State: OR Account Type: K-12 VALLEY CATHOLIC SCHL CROOK COUNTY SCHOOL DISTRICT CORBETT SCHL DIST #39 Bethel School District #52 St. Therese Parish/School Portland YouthBuilders Wallowa County ESD Fern Ridge School District 28J Knova Learning New Horizon Christian School MOLALLA RIVER ACADEMY HIGH DESERT EDUCATION SERVICE DISTRICT SOUTHWEST CHARTER SCHOOL WHITEAKER MONTESSORI SCHOOL CASCADES ACADEMY OF CENTRAL OREGON NEAH-KAH-NIE DISTRICT NO.56 INTER MOUNTAIN ESD STANFIELD SCHOOL DISTRICT LA GRANDE SCHOOL DISTRICT Page 393 of 651 71 CASCADE SCHOOL DISTRICT DUFUR SCHOOL DISTRICT NO.29 hillsboro school district GASTON SCHOOL DISTRICT 511J BEAVERTON SCHOOL DISTRICT COUNTY OF YAMHILL SCHOOL DISTRICT 29 WILLAMINA SCHOOL DISTRICT MCMINNVILLE SCHOOL DISTRICT NO.40 Sheridan School District 48J THE CATLIN GABEL SCHOOL NORTH WASCO CTY SCHOOL DISTRICT 21 - CHENOWITH CENTRAL CATHOLIC HIGH SCHOOL CANYONVILLE CHRISTIAN ACADEMY OUR LADY OF THE LAKE SCHOOL NYSSA SCHOOL DISTRICT NO. 26 ARLINGTON SCHOOL DISTRICT NO. 3 LIVINGSTONE ADVENTIST ACADEMY Santiam Canyon SD 129J WEST HILLS COMMUNITY CHURCH BANKS SCHOOL DISTRICT WILLAMETTE EDUCATION SERVICE DISTRICT BAKER COUNTY SCHOOL DIST. 16J - MALHEUR ESD HARNEY EDUCATION SERVICE DISTRICT GREATER ALBANY PUBLIC SCHOOL DISTRICT LAKE OSWEGO SCHOOL DISTRICT 7J SOUTHERN OREGON EDUCATION SERVICE DISTRICT SILVER FALLS SCHOOL DISTRICT St Helens School District DAYTON SCHOOL DISTRICT NO.8 Amity School District 4-J SCAPPOOSE SCHOOL DISTRICT 1J REEDSPORT SCHOOL DISTRICT FOREST GROVE SCHOOL DISTRICT DAVID DOUGLAS SCHOOL DISTRICT LOWELL SCHOOL DISTRICT NO.71 TIGARD-TUALATIN SCHOOL DISTRICT SHERWOOD SCHOOL DISTRICT 88J RAINIER SCHOOL DISTRICT NORTH CLACKAMAS SCHOOL DISTRICT MONROE SCHOOL DISTRICT NO.1J CHILDPEACE MONTESSORI HEAD START OF LANE COUNTY HARNEY COUNTY SCHOOL DIST. NO.3 NESTUCCA VALLEY SCHOOL DISTRICT NO.101 ARCHBISHOP FRANCIS NORBERT BLANCHET SCHOOL LEBANON COMMUNITY SCHOOLS NO.9 MT.SCOTT LEARNING CENTERS SEVEN PEAKS SCHOOL DE LA SALLE N CATHOLIC HS MULTISENSORY LEARNING ACADEMY MITCH CHARTER SCHOOL REALMS CHARTER SCHOOL BAKER SCHOOL DISTRICT 5-J PHILOMATH SCHOOL DISTRICT CLACKAMAS EDUCATION SERVICE DISTRICT CANBY SCHOOL DISTRICT OREGON TRAIL SCHOOL DISTRICT NO.46 WEST LINN WILSONVILLE SCHOOL DISTRICT MOLALLA RIVER SCHOOL DISTRICT NO.35 ESTACADA SCHOOL DISTRICT NO.108 GLADSTONE SCHOOL DISTRICT ASTORIA SCHOOL DISTRICT 1C SEASIDE SCHOOL DISTRICT 10 NORTHWEST REGIONAL EDUCATION SERVICE DISTRICT VERNONIA SCHOOL DISTRICT 47J SOUTH COAST EDUCATION SERVICE DISTRICT COOS BAY SCHOOL DISTRICT NO.9 COOS BAY SCHOOL DISTRICT NORTH BEND SCHOOL DISTRICT 13 COQUILLE SCHOOL DISTRICT 8 MYRTLE POINT SCHOOL DISTRICT NO.41 BANDON SCHOOL DISTRICT BROOKING HARBOR SCHOOL DISTRICT NO.17- C REDMOND SCHOOL DISTRICT DESCHUTES COUNTY SD NO.6 - SISTERS SD DOUGLAS EDUCATION SERVICE DISTRICT ROSEBURG PUBLIC SCHOOLS GLIDE SCHOOL DISTRICT NO.12 SOUTH UMPQUA SCHOOL DISTRICT #19 YONCALLA SCHOOL DISTRICT NO.32 ELKTON SCHOOL DISTRICT NO.34 DOUGLAS COUNTY SCHOOL DISTRICT 116 Page 394 of 651 72 HOOD RIVER COUNTY SCHOOL DISTRICT PHOENIX-TALENT SCHOOL DISTRICT NO.4 CENTRAL POINT SCHOOL DISTRICT NO. 6 JACKSON CO SCHOOL DIST NO.9 ROGUE RIVER SCHOOL DISTRICT NO.35 MEDFORD SCHOOL DISTRICT 549C CULVER SCHOOL DISTRICT NO. JEFFERSON COUNTY SCHOOL DISTRICT 509-J GRANTS PASS SCHOOL DISTRICT 7 LOST RIVER JR/SR HIGH SCHOOL KLAMATH FALLS CITY SCHOOLS LANE COUNTY SCHOOL DISTRICT 4J SPRINGFIELD SCHOOL DISTRICT NO.19 CRESWELL SCHOOL DISTRICT SOUTH LANE SCHOOL DISTRICT 45J3 LANE COUNTY SCHOOL DISTRICT 69 SIUSLAW SCHOOL DISTRICT SWEET HOME SCHOOL DISTRICT NO.55 LINN CO. SCHOOL DIST. 95C - SCIO SD ONTARIO MIDDLE SCHOOL GERVAIS SCHOOL DIST. #1 NORTH SANTIAM SCHOOL DISTRICT 29J JEFFERSON SCHOOL DISTRICT SALEM-KEIZER PUBLIC SCHOOLS MT. ANGEL SCHOOL DISTRICT NO.91 MARION COUNTY SCHOOL DISTRICT 103 - WASHINGTON ES MORROW COUNTY SCHOOL DISTRICT MULTNOMAH EDUCATION SERVICE DISTRICT GRESHAM-BARLOW SCHOOL DISTRICT DALLAS SCHOOL DISTRICT NO. 2 CENTRAL SCHOOL DISTRICT 13J St. Mary Catholic School CROSSROADS CHRISTIAN SCHOOL ST. ANTHONY SCHOOL HERITAGE CHRISTIAN SCHOOL BEND-LA PINE SCHOOL DISTRICT GLENDALE SCHOOL DISTRICT LINCOLN COUNTY SCHOOL DISTRICT PORTLAND PUBLIC SCHOOLS REYNOLDS SCHOOL DISTRICT CENTENNIAL SCHOOL DISTRICT NOBEL LEARNING COMMUNITIES St. Stephen's Academy Salem-Keizer 24J McKay High School Pine Eagle Charter School Waldo Middle School hermiston school district Clear Creek Middle School Marist High School Victory Academy Vale School District No. 84 St. Mary School Junction City High School Three Rivers School District Fern Ridge School District JESUIT HIGH SCHL EXEC OFC LASALLE HIGH SCHOOL Southwest Christian School Willamette Christian School Westside Christian High School CS LEWIS ACADEMY Portland America School Forest Hills Lutheran School Mosier Community School Koreducators Lep High Warrenton Hammond School District Sutherlin School District Malheur Elementary School District Ontario School District Parkrose School District 3 Riverdale School District 51J Tillamook School District Madeleine School Union School District Helix School District Corvallis School District 509J Falls City School District #57 Portland Christian Schools LUCKIAMUTE VALLEY CHARTER SCHOOLS Deer Creek Elementary School Yamhill Carlton School District HARRISBURG SCHL DIST CENTRAL CURRY SCHL DIST#1 BNAI BRITH CAMP OREGON FOOD BANK ABIQUA SCHL Salem keizar school district Page 395 of 651 73 Athena Weston School District 29RJ Imbler School District #11 monument school St. Paul School District St Paul Parish School EagleRidge High School Northwest Academy Sunny Wolf Charter School MCKENZIE SCHOOL DISTRICT 068 L'Etoiile French Immersion School LA GRANDE SCHOOL DISTRICT 001 Marist Catholic High School Elgin school dist. PLEASANT HILL SCH DIST #1 Ukiah School District 80R North Powder Charter School French American School Mastery Learning Institute North Lake School District 14 Early College High School Account Type: County GILLIAM COUNTY OREGON HOUSING AUTHORITY OF CLACKAMAS COUNTY UMATILLA COUNTY, OREGON MULTNOMAH LAW LIBRARY clackamas county CLATSOP COUNTY COLUMBIA COUNTY, OREGON coos county CROOK COUNTY ROAD DEPARTMENT CURRY COUNTY OREGON DESCHUTES COUNTY GILLIAM COUNTY GRANT COUNTY, OREGON HARNEY COUNTY SHERIFFS OFFICE HOOD RIVER COUNTY jackson county josephine county klamath county LANE COUNTY LINN COUNTY MARION COUNTY , SALEM, OREGON MULTNOMAH COUNTY SHERMAN COUNTY WASCO COUNTY YAMHILL COUNTY WALLOWA COUNTY ASSOCIATION OF OREGON COUNTIES NAMI LANE COUNTY BENTON COUNTY DOUGLAS COUNTY JEFFERSON COUNTY LAKE COUNTY LINCOLN COUNTY POLK COUNTY UNION COUNTY WASHINGTON COUNTY MORROW COUNTY NORCOR Juvenile Detention Tillamook County Estuary Job Council BAKER CNTY GOVT TILLAMOOK CNTY Wheeler County Lane County Sheriff's Office Clackamas County Juvenile Dept Account Type: Non-Profit Tamarack Aquatic Center Seven Feathers Casino St Paul Baptist Church Long Tom Watershed Council San Martin Deporres Catholic Church Portland Parks Foundation Cedar Hills Baptist Church Unitarian Universalist Church in Eugene Emmanuel Bible Church Mt Emily Safe Center Salem First Presbyterian Church Rolling Hills Baptist Church Baker Elks Gates Community Church of Christ PIP Corps LLC Turtle Ridge Wildlife Center Grande Ronde Model Watershed Foundation Western Environmental Law Center Mercy Flights, Inc. Page 396 of 651 74 HHoly Trinity Greek Orthodox Cathedral MECOP Inc. Beaverton Christians Church Oregon Humanities St. Pius X School Community Connection of Northeast Oregon, Inc. Living Opportunities, Inc. Coos Art Museum OETC Blanchet House of Hospitality Merchants Exchange of Portland, Oregon Coalition for a Livable Future Central Oregon Visitors Association Soroptimist International of Gold Beach, OR Real Life Christian Church Delphian School AVON EPUD-Emerald People's Utility District Human Solutions, Inc. The Wallace Medical Concern Boys & Girls Club of Salem, Marion & Polk Counties The Ross Ragland Theater and Cultural Center Cascade Health Solutions Umpqua Community Health Center ALZHEIMERS NETWORK OF OREGON NATIONAL WILD TURKEY FEDERATION TILLAMOOK ESTUARIES PARTNERSHIP LIFEWORKS NW COLLEGE HOUSING NORTHWEST PARALYZED VETERANS OF AMERICA Independent Development Enterprise Alliance MID-WILLAMETTE VALLEY COMMUNITY ACTION AGENCY, INC HALFWAY HOUSE SERVICES, INC. REDMOND PROFICIENCY ACADEMY OHSU FOUNDATION SHELTERCARE PRINGLE CREEK SUSTAINABLE LIVING CENTER PACIFIC INSTITUTES FOR RESEARCH Mental Health for Children, Inc. The Dreaming Zebra Foundation LAUREL HILL CENTER THE OREGON COMMUNITY FOUNDATION OCHIN WE CARE OREGON SE WORKS ENTERPRISE FOR EMPLOYMENT AND EDUCATION OMNIMEDIX INSTITUTE PORTLAND BUSINESS ALLIANCE GATEWAY TO COLLEGE NATIONAL NETWORK FOUNDATIONS FOR A BETTER OREGON GOAL ONE COALITION ATHENA LIBRARY FRIENDS ASSOCIATION Coastal Family Health Center CENTER FOR COMMUNITY CHANGE STAND FOR CHILDREN ST. VINCENT DEPAUL OF LANE COUNTY EAST SIDE FOURSQUARE CHURCH CORVALLIS MOUNTAIN RESCUE UNIT InventSuccess SHERIDAN JAPANESE SCHOOL FOUNDATION The Blosser Center for Dyslexia Resources MOSAIC CHURCH HOUSING AUTHORITY OF LINCOLN COUNTY RENEWABLE NORTHWEST PROJECT INTERNATIONAL SUSTAINABLE DEVELOPMENT FOUNDATION CONSERVATION BIOLOGY INSTITUTE THE NATIONAL ASSOCIATION OF CREDIT MANAGEMENT-OREGON, INC. BLACHLY LANE ELECTRIC COOPERATIVE MORNING STAR MISSIONARY BAPTIST CHURCH NORTHWEST FOOD PROCESSORS ASSOCIATION INDEPENDENT INSURANCE AGENTS AND BROKERS OF OREGON OREGON EDUCATION ASSOCIATION HEARING AND SPEECH INSTITUTE INC SALEM ELECTRIC MORRISON CHILD AND FAMILY SERVICES JUNIOR ACHIEVEMENT CENTRAL BIBLE CHURCH Page 397 of 651 75 MID COLUMBIA MEDICAL CENTER-GREAT 'N SMALL TRILLIUM FAMILY SERVICES, INC. YWCA SALEM PORTLAND ART MUSEUM SAINT JAMES CATHOLIC CHURCH SOUTHERN OREGON HUMANE SOCIETY VOLUNTEERS OF AMERICA OREGON CENTRAL DOUGLAS COUNTY FAMILY YMCA METROPOLITAN FAMILY SERVICE OREGON MUSUEM OF SCIENCE AND INDUSTRY FIRST UNITARIAN CHURCH ST. ANTHONY CHURCH Good Shepherd Medical Center Salem Academy GEN CONF OF SDA CHURCH WESTERN OR PORTLAND ADVENTIST ACADEMY ST VINCENT DE PAUL OUTSIDE IN UNITED CEREBRAL PALSY OF OR AND SW WA WILLAMETTE VIEW INC. PORTLAND HABILITATION CENTER, INC. OREGON STATE UNIVERSITY ALUMNI ASSOCIATION Rose Villa NORTHWEST LINE JOINT APPRENTICESHIP & TRAINING COMMITTEE BOYS AND GIRLS CLUBS OF PORTLAND METROPOLITAN AREA Oregon Research Institute WILLAMETTE LUTHERAN HOMES, INC LANE MEMORIAL BLOOD BANK PORTLAND JEWISH ACADEMY LANECO FEDERAL CREDIT UNION GRANT PARK CHURCH ST. MARYS OF MEDFORD, INC. US CONFERENCE OF MENONNITE BRETHREN CHURCHES FAITHFUL SAVIOR MINISTRIES OREGON CITY CHURCH OF THE NAZARENE OREGON COAST COMMUNITY ACTION EDUCATION NORTHWEST COMMUNITY ACTION TEAM, INC. EUGENE SYMPHONY ASSOCIATION, INC. STAR OF HOPE ACTIVITY CENTER INC. SPARC ENTERPRISES SOUTHERN OREGON CHILD AND FAMILY COUNCIL, INC. SALEM ALLIANCE CHURCH Lane Council of Governments FORD FAMILY FOUNDATION TRAILS CLUB NEWBERG FRIENDS CHURCH WOODBURN AREA CHAMBER OF COMMERCE CONTEMPORARY CRAFTS MUSEUM AND GALLERY CITY BIBLE CHURCH OREGON LIONS SIGHT & HEARING FOUNDATION PORTLAND WOMENS CRISIS LINE THE SALVATION ARMY - CASCADE DIVISION WILLAMETTE FAMILY WHITE BIRD CLINIC GOODWILL INDUSTRIES OF LANE AND SOUTH COAST COUNTIES PLANNED PARENTHOOD OF SOUTHWESTERN OREGON HOUSING NORTHWEST OREGON ENVIRONMENTAL COUNCIL MEALS ON WHEELS PEOPLE, INC. FAITH CENTER Bob Belloni Ranch, Inc. GOOD SHEPHERD COMMUNITIES SACRED HEART CATHOLIC DAUGHTERS HELP NOW! ADVOCACY CENTER TENAS ILLAHEE CHILDCARE CENTER SUNRISE ENTERPRISES LOOKING GLASS YOUTH AND FAMILY SERVICES SERENITY LANE EAST HILL CHURCH LA GRANDE UNITED METHODIST CHURCH COAST REHABILITATION SERVICES Edwards Center Inc ALVORD-TAYLOR INDEPENDENT LIVING SERVICES NEW HOPE COMMUNITY CHURCH Page 398 of 651 76 KLAMATH HOUSING AUTHORITY QUADRIPLEGICS UNITED AGAINST DEPENDENCY, INC. SPONSORS, INC. COLUMBIA COMMUNITY MENTAL HEALTH ADDICTIONS RECOVERY CENTER, INC METRO HOME SAFETY REPAIR PROGRAM OREGON SUPPORTED LIVING PROGRAM SOUTH COAST HOSPICE, INC. ALLFOURONE/CRESTVIEW CONFERENCE CTR. The International School REBUILDING TOGETHER - PORTLAND INC. PENDLETON ACADEMIES PACIFIC FISHERY MANAGEMENT COUNCIL DOGS FOR THE DEAF, INC. PUBLIC DEFENDER SERVICES OF LANE COUNTY, INC. EMMAUS CHRISTIAN SCHOOL DELIGHT VALLEY CHURCH OF CHRIST SAINT CATHERINE OF SIENA CHURCH PORT CITY DEVELOPMENT CENTER VIRGINIA GARCIA MEMORIAL HEALTH CENTER CENTRAL CITY CONCERN CANBY FOURSQUARE CHURCH EMERALD PUD VERMONT HILLS FAMILY LIFE CENTER BENTON HOSPICE SERVICE INTERNATIONAL SOCIETY FOR TECHNOLOGY IN EDUCATION COMMUNITY CANCER CENTER OPEN MEADOW ALTERNATIVE SCHOOLS, INC. CASCADIA BEHAVIORAL HEALTHCARE WILD SALMON CENTER BROAD BASE PROGRAMS INC. SUNNYSIDE FOURSQUARE CHURCH TRAINING EMPLOYMENT CONSORTIUM RELEVANT LIFE CHURCH 211INFO SONRISE CHURCH LIVING WAY FELLOWSHIP Women's Safety & Resource Center SEXUAL ASSAULT RESOURCE CENTER IRCO NORTHWEST YOUTH CORPS TILLAMOOK CNTY WOMENS CRISIS CENTER SECURITY FIRST CHILD DEVELOPMENT CENTER CLASSROOM LAW PROJECT YOUTH GUIDANCE ASSOC. PREGNANCY RESOUCE CENTERS OF GRETER PORTLAND ELMIRA CHURCH OF CHRIST JASPER MOUNTAIN ACUMENTRA HEALTH WORKSYSTEMS INC COVENANT CHRISTIAN HOOD RIVER OREGON DONOR PROGRAM NAMI OREGON OLIVET BAPTIST CHURCH SILVERTON AREA COMMUNITY AID CONFEDERATED TRIBES OF GRAND RONDE NEIGHBORIMPACT CATHOLIC COMMUNITY SERVICES NEW AVENUES FOR YOUTH INC LA CLINICA DEL CARINO FAMILY HEALTH CARE CENTER DECISION SCIENCE RESEARCH INSTITUTE, INC. WESTERN STATES CENTER HIV ALLIANCE, INC PARTNERSHIPS IN COMMUNITY LIVING, INC. FANCONI ANEMIA RESEARCH FUND INC. BLIND ENTERPRISES OF OREGON OREGON BALLET THEATRE SMART All God's Children International FARMWORKER HOUISNG DEV CORP UMPQUA COMMUNITY DEVELOPMENT CORPORATION REGIONAL ARTS AND CULTURE COUNCIL THE EARLY EDUCATION PROGRAM, INC. MACDONALD CENTER EVERGREEN AVIATION MUSEUM AND CAP. MICHAEL KING. SELF ENHANCEMENT INC. FRIENDS OF THE CHILDREN Page 399 of 651 77 SOUTH LANE FAMILY NURSERY DBA FAMILY RELIEF NURSE COMMUNITY VETERINARY CENTER PORTLAND SCHOOLS FOUNDATION SUSTAINABLE NORTHWEST OREGON DEATH WITH DIGNITY BIRCH COMMUNITY SERVICES, INC. BAY AREA FIRST STEP, INC. OSLC COMMUNITY PROGRAMS EN AVANT, INC. ASHLAND COMMUNITY HOSPITAL NORTHWEST ENERGY EFFICIENCY ALLIANCE BONNEVILLE ENVIRONMENTAL FOUNDATION SUMMIT VIEW COVENANT CHURCH SALMON-SAFE INC. BETHEL CHURCH OF GOD PROVIDENCE HOOD RIVER MEMORIAL HOSPITAL SAINT ANDREW NATIVITY SCHOOL BARLOW YOUTH FOOTBALL SPOTLIGHT THEATRE OF PLEASANT HILL FAMILIES FIRST OF GRANT COUNTY, INC. TOUCHSTONE PARENT ORGANIZATION CANCER CARE RESOURCES CASCADIA REGION GREEN BUILDING COUNCIL SHERMAN DEVELOPMENT LEAGUE, INC. SCIENCEWORKS WORD OF LIFE COMMUNITY CHURCH SOCIAL VENTURE PARTNERS PORTLAND OREGON PROGRESS FORUM CENTER FOR RESEARCH TO PRACTICE WESTERN RIVERS CONSERVANCY UNITED WAY OF THE COLUMBIA WILLAMETTE EUGENE BALLET COMPANY EAST WEST MINISTRIES INTERNATIONAL SISKIYOU INITIATIVE EDUCATIONAL POLICY IMPROVEMENT CENTER North Pacific District of Foursquare Churches CATHOLIC CHARITIES FIRST CHURCH OF THE NAZARENE WESTSIDE BAPTIST CHURCH Housing Development Center Little Promises Chlildren's Program UNION GOSPEL MISSION GRACE BAPTIST CHURCH COMMUNITY ACTION ORGANIZATION OUTSIDE IN MAKING MEMORIES BREAST CANCER FOUNDATION, INC. ELAW COMMUNITY HEALTH CENTER, INC Greater Portland INC Boys & Girls Club of Corvallis Southeast Uplift Neighborhood Coalition First United Presbyterian Church PDX Wildlife Jackson-Josephine 4-C Council North Coast Family Fellowship Childswork Learning Center New Artists Performing Arts Productions, Inc. Relief Nursery Viking Sal Senior Center Boys and Girls Club of the rogue valley DrupalCon Inc., DBA Drupal Association Albany Partnership for Housing and Community Development Hermiston Christian Center & School Dress for Success Oregon Beaverton Rock Creek Foursquare Church St Paul Catholic Church St Mary's Catholic School and Parish Polk Soil and Water Conservation District Street Ministry La Grande Church of the Nazarene Spruce Villa, Inc. House of Prayer for All Nations Sacred Heart Catholic Church African American Health Coaliton, Inc. Happy Canyon Company Village Home Education Resource Center Monet's Children's Circle Cascade Housing Association Dayspring Fellowship Northwest Habitat Institute Page 400 of 651 78 Winding Waters Medical Clinic First Baptist Church The Nature Conservancy, Willamette Valley Field Office Serenity Lane Health Services Portland Community Reinvestment Initiatives, Inc. GeerCrest Farm & Historical Society College United Methodist Church NEDCO Salem Evangelical Church Daystar Education, Inc. Oregon Social Learning Center Pain Society of Oregon environmental law alliance worldwide Community in Action Safe Harbors FIRST CHRISTIAN CHURCH Pacific Classical Ballet Depaul Industries African American Health Coalition Jesus Prayer Book Coalition Of Community Health River Network CCI Enterprises Inc Oregon Nurses Association GOODWILL INDUSTRIES OF THE COLUMBIA WILLAMETTE Mount Angel Abbey YMCA OF ASHLAND YMCA OF COLUMBIA-WILLAMETTE ASSOCIATION SERVICES Multnomah Law Library Friends Of Tryon Creek State P Ontrack Inc. Calvin Presbyterian Church HOLT INTL CHILD St John The Baptist Catholic Portland Foursquare Church Portland Christian Center Church Extension Plan Occu Afghanistan Relief Effort EUGENE FAMILY YMCA Christ The King Parish and School Newberg Christian Church First United Methodist Church Zion Lutheran Church Southwest Bible Church Community Works Inc Masonic Lodge Pearl 66 Molalla Nazarene Church Transition Projects, Inc St Michaels Episcopal Church Saint Johns Catholich Church Access Inc Community Learning Center Old Mill Center for Children and Families Sunny Oaks Inc Hospice Center Bend La Pine Westside Foursquare Church Relief Nursery Inc Morning Star Community Church MULTNOMAH DEFENDERS INC Providence Health System Holy Trinity Catholic Church Holy Redeemer Catholic Church Alliance Bible Church Mid Columbia Childrens Council HUMANE SOCIETY OF REDMOND Our Redeemer Lutheran Church Kbps Public Radio Skyball Salem Keizer Youth Bas Open Technology Center Grace Chapel CHILDREN'S MUSEUM 2ND Solid Rock West Chehalem Friends Church Guide Dogs For The Blind Aldersgate Camps and Retreats St. Katherine's Catholic Church The Alliance NW of the Christian & Missionary Alliance Bags of Love Grand View Baptist Church Green Electronics Council Scottish Rite Western Wood Products Association THE NEXT DOOR NATIONAL PSORIASIS FOUNDATION NEW BEGINNINGS CHRISTIAN CENTER Page 401 of 651 79 HIGHLAND UNITED CHURCH OF CHRIST OREGON REPERTORY SINGERS HIGHLAND HAVEN FAIR SHARE RESEARCH AND EDUCATION FUND Oregon Satsang Society, Inc., A chartered Affiliate of ECKANKAR , ECKA First Baptist Church of Enterprise The Canby Center Instituto de Cultura y Arte In Xochitl In Cuicatl OSLC COMMUNITY PROGRAMS OCP Oregon Nikkei Endowment Eastern Oregon Alcoholism Foundation Grantmakers for Education The Spiral Gallery The ALS Association Oregon and SW Washington Chapter Children's Relief Nursery Home Builders World of Speed Energy Trust of Oregon Oregon Psychoanalytic Center Store to Door Depaul Industries North Coast Christian Church Union County Economic Development Corp. Camelto Theatre Company Camp Fire Columbia TAKE III OUTREACH Rolling Hills Community Church Summa Institute Amani Center Billy Webb Elks lodge #1050 Sandy Seventh-day Adventist Church Muddy Creek Charter School A FAMILY FOR EVERY CHILD 1000 FRIENDS OF OREGON NONPROFIT ASSOCIATION OF OREGON FAMILY CARE INC MEDICAL TEAMS INTL Clean Slate Canine Rescue & Rehabilitation St. Martins Episcopal church Food for Lane County columbia gorge discovery center and museum NAMI of Washington County The Dalles Art Association Temple Beth Israel Willamette Leadership Academy/Pioneer Youth Corps Of Oregon Rose Haven Sexual Assault Support Services Rural Development Initiatives YMCA of Marion and Polk Counties Faith Christian Fellowship Fund For Christian Charity Deer Meadow Assisted Living Umpqua Basin Water Association The Church of Christ of Latter Day Saints 300 Main Inc Southwestern Oregon Public Defender Services, Inc. Albertina Kerr Centers Dufur Christian Church St. Matthew Catholic School Serendipity Center Inc Northwest Family Services Network Charter School Ride Connecton Parenting Now! USO Northwest Norkenzie Christian Church Center for Family Development West Salem Foursquare Church Mount Pisgah Arboretum Lower Columbia Estuary Partnership Oasis Shelter Home Nehalem Bay House p:ear Health Share of Oregon St. Peter Catholic Church Mid Willamette Valley Community Action A Hope For Autism Foundation Breast Friends SEPTL Southeast Portland Tool Library National Christian Community Foundation Legal Aid Services of Oregon LITC Willamette Valley Babe Ruth Page 402 of 651 80 Center For Continuous Improvement SEIU Local 49 Emerald Media Group Trillium Sprigs Youth Dynamics Ashland Art Center Apostolic Church of Jesus Christ DOUGLAS FOREST PROTECTIVE Oregon Lyme Disease Network Ecotrust SPECIAL MOBILITY SERVICES Historical Outreach Foundation Teras Interventions and Counseling Inc Salem Area Chamber of Commerce First Congregational Chrch OREGON STATE FAIR Ronald McDonald House Charities of Oregon & Southwest Washington Center for Human Development Bridges to Change DePaul Treatment Centers, Inc. Mission Increase Foundation Curry Public Transit Inc THREE RIVERS CASINO Brookings Harbor Christian School Yamhill Community Care Organization Portland Japanese Garden The Madeleine Parish The Tucker-Maxon Oral School Southwest Neighborhoods, Inc Wallowa Valley Center For Wellness KIDS INTERVENTION AND DIAGNOSTIC CENTER Portland Yacht Club League of Women Voters United Way of Lane County Unithed Way Portland Oregon Visitors Association Southern Oregon Project Hope Our United Villages Samaritan Health Services Inc. Kilchis House Calvary Assembly of God Grace Lutheran School Western Mennonite School OEA CHOICE TRUST American Tinnitus Association Oregon Coast Aquarium, Inc. Unitus Community Credit Union St John the Baptist Greek Orthodox Church COLUMBIA PACIFIC ECONOMIC DEVELOPMENT DISTRICT OF OREGON Oregon Rural Electric Cooperative Association THE MILL CASINO Account Type: College and University Oregon State University Treasure Valley Community College Unviersity of Oregon OREGON UNIVERSITY SYSTEM WESTERN STATES CHIROPRACTIC COLLEGE GEORGE FOX UNIVERSITY LEWIS AND CLARK COLLEGE PACIFIC UNIVERSITY REED COLLEGE WILLAMETTE UNIVERSITY LINFIELD COLLEGE MULTNOMAH BIBLE COLLEGE NORTHWEST CHRISTIAN COLLEGE NATIONAL COLLEGE OF NATURAL MEDICINE BLUE MOUNTAIN COMMUNITY COLLEGE PORTLAND STATE UNIV. CLACKAMAS COMMUNITY COLLEGE MARYLHURST UNIVERSITY OREGON HEALTH AND SCIENCE UNIVERSITY BIRTHINGWAY COLLEGE OF MIDWIFERY pacific u UNIVERSITY OF OREGON CONCORDIA UNIV Marylhurst University Corban College Portland Actors Conservatory University Of Oregon Athletics Department Ecola Bible School Beta Omega Alumnae Oregon Institute of Technology EASTERN OREGON UNIVERSITY Account Type: Other Page 403 of 651 81 Clackamas River Water Providers eickhoff dev co inc The Klamath Tribe Life Flight Network LLC COVENANT RETIREMENT COMMUNITIES PENTAGON FEDERAL CREDIT UNION SAIF CORPORATION GREATER HILLSBORO AREA CHAMBER OF COMMERCE LANE ELECTRIC COOPERATIVE USAGENCIES CREDIT UNION DOUGLAS ELECTRIC COOPERATIVE, INC. ROGUE FEDERAL CREDIT UNION PACIFIC CASCADE FEDERAL CREDIT UNION LOCAL GOVERNMENT PERSONNEL INSTITUTE GRANTS PASS MANAGEMENT SERVICES, DBA SPIRIT WIRELESS Kartini Clinic OFFICE OF PUBLIC DEFENSE SERVICES Clatskanie People's Utility District Ricoh USA Heartfelt Obstetrics & Gynecology Coquille Economic Development Corporation Cintas CITY/COUNTY INSURANCE SERVICE COMMUNITY CYCLING CENTER Shangri La Portland Impact Eagle Fern Camp KLAMATH FAMILY HEAD START RIVER CITY DANCERS Oregon Permit Technical Association KEIZER EAGLES AERIE 3895 Pgma/Cathie Bourne Sunrise Water Burns Paiute Tribe Oregon Public Broadcasting La Grande Family Practice SELCO Community Credit Union Sphere MD sunrise water authority OREGON JUDICIAL DEPARTMENT Confederated Tribes of Warm Springs Halsey-Shedd Fire District Nez Perce Tribe Obsidian Urgent Care, P.C. First Presbyterian Church of La Grande CONFLUENCE ENVIRONMENTAL CENTE A&I Benefit Plan Administrators, Inc. crescent grove cemetery Account Type: City Special District Molalla Rural Fire Protection District MONMOUTH - INDEPENDENCE NETWORK MALIN COMMUNITY PARK AND RECREATION DISTRICT TILLAMOOK PEOPLES UTILITY DISTRICT GLADSTONE POLICE DEPARTMENT GOLD BEACH POLICE DEPARTMENT THE NEWPORT PARK AND RECREATION CENTER RIVERGROVE WATER DISTRICT WEST VALLEY HOUSING AUTHORITY TUALATIN VALLEY FIRE & RESCUE GASTON RURAL FIRE DEPARTMENT CITY COUNTY INSURANCE SERVICES METRO SUNSET EMPIRE PARK AND RECREATION SPRINGFIELD UTILITY BOARD Tillamook Urban Renewal Agency Netarts Water District City of Nehalem Boardman Rural Fire Protection District Account Type: Independent Special District Silverton Fire District Lewis and Clark Rural Fire Protection District Rainbow Water District Illinois Valley Fire District PORT OF TILLAMOOK BAY TRI-COUNTY HEALTH CARE SAFETY NET ENTERPRISE METROPOLITAN EXPOSITION-RECREATION COMMISSION Page 404 of 651 82 REGIONAL AUTOMATED INFORMATION NETWORK OAK LODGE WATER DISTRICT THE PORT OF PORTLAND WILLAMALANE PARK AND RECREATION DISTRICT TUALATIN VALLEY WATER DISTRICT UNION SOIL & WATER CONSERVATION DISTRICT LANE EDUCATION SERVICE DISTRICT TUALATIN HILLS PARK AND RECREATION DISTRICT PORT OF SIUSLAW CHEHALEM PARK AND RECREATION DISTRICT PORT OF ST HELENS LANE TRANSIT DISTRICT CENTRAL OREGON INTERGOVERNMENTAL COUNCIL HOODLAND FIRE DISTRICT NO.74 MID COLUMBIA COUNCIL OF GOVERNMENTS WEST MULTNOMAH SOIL AND WATER CONSERVATION DISTRICT SALEM AREA MASS TRANSIT DISTRICT Banks Fire District #13 KLAMATH COUNTY 9-1-1 GLENDALE RURAL FIRE DISTRICT COLUMBIA 911 COMMUNICATIONS DISTRICT CLACKAMAS RIVER WATER NW POWER POOL Lowell Rural Fire Protection District TriMet Transit Estacada Rural Fire District Keizer Fire District State Accident Insurance Fund Corporation Bend Metro Park & Recreation District Port of Hood River La Pine Park & Recreation District Siuslaw Public Library District Columbia River Fire & Rescue Fern Ridge Library District Seal Rock Water District Rockwood Water P.U.D. Tillamook Fire District Tillamook County Transportation Dist Central Lincoln People's Utility District Jefferson Park and Recreation Account Type: City City of Monmouth / Public Works McMinnville Police Department Brookings Fire / Rescue City of Veneta CITY OF DAMASCUS Hermiston Fire & Emergency Svcs CEDAR MILL COMMUNITY LIBRARY CITY OF LAKE OSWEGO EUGENE WATER & ELECTRIC BOARD LEAGUE OF OREGON CITIES CITY OF SANDY CITY OF ASTORIA OREGON CITY OF BEAVERTON CITY OF BOARDMAN CITY OF CANBY CITY OF CANYONVILLE CITY OF CENTRAL POINT POLICE DEPARTMENT CITY OF CLATSKANIE CITY OF CONDON CITY OF COOS BAY CITY OF CORVALLIS CITY OF CRESWELL CITY OF ECHO CITY OF ESTACADA CITY OF EUGENE CITY OF FAIRVIEW CITY OF GEARHART CITY OF GOLD HILL CITY OF GRANTS PASS CITY OF GRESHAM CITY OF HILLSBORO CITY OF HOOD RIVER CITY OF JOHN DAY CITY OF KLAMATH FALLS CITY OF LA GRANDE CITY OF MALIN CITY OF MCMINNVILLE CITY OF HALSEY Page 405 of 651 83 CITY OF MEDFORD CITY OF MILL CITY CITY OF MILWAUKIE CITY OF MORO CITY OF MOSIER CITY OF NEWBERG CITY OF OREGON CITY CITY OF PILOT ROCK CITY OF POWERS RAINIER POLICE DEPARTMENT CITY OF REEDSPORT CITY OF RIDDLE CITY OF SCAPPOOSE CITY OF SEASIDE CITY OF SILVERTON CITY OF STAYTON City of Troutdale CITY OF TUALATIN, OREGON CITY OF WARRENTON CITY OF WEST LINN/PARKS CITY OF WOODBURN CITY OF TIGARD, OREGON CITY OF AUMSVILLE CITY OF PORT ORFORD CITY OF EAGLE POINT CITY OF WOOD VILLAGE St. Helens, City of CITY OF WINSTON CITY OF COBURG CITY OF NORTH PLAINS CITY OF GERVAIS CITY OF YACHATS FLORENCE AREA CHAMBER OF COMMERCE PORTLAND DEVELOPMENT COMMISSION CITY OF CANNON BEACH OR CITY OF ST. PAUL CITY OF ADAIR VILLAGE CITY OF WILSONVILLE CITY OF HAPPY VALLEY CITY OF SHADY COVE CITY OF LAKESIDE CITY OF MILLERSBURG CITY OF GATES KEIZER POLICE DEPARTMENT CITY OF DUNDEE CITY OF AURORA THE CITY OF NEWPORT CITY OF ALBANY CITY OF ASHLAND CITY OF LEBANON CITY OF PORTLAND CITY OF SALEM CITY OF SPRINGFIELD CITY OF BURNS CITY OF COTTAGE GROVE CITY OF DALLAS CITY OF FALLS CITY CITY OF PHOENIX CITY OF PRAIRIE CITY CITY OF REDMOND CITY OF SHERWOOD City of junction city City of Florence City of Dayton City of Monmouth City of Philomath City of Sheridan Seaside Public Library City of Yoncalla La Grande Police Department Cove City Hall NW PORTLAND INDIAN HEALTH BOARD Portland Patrol Services City Of Bend City Of Coquille City Of Molalla ROCKWOOD WATER PEOPLE'S UTILITY DISTRICT City of St. Helens City of North Powder City of Cornelius, OR Toledo Police Department City of Independence City of Baker City McMinnville Water & Light City of Pendleton Parks & Recreation CITY OF SWEETHOME CITY OF THE DALLES CLACKAMAS FIRE DIST#1 DESCHUTES PUBLIC LIBRARY Page 406 of 651 84 City of Ontario City of Corvallis Parks and Recreation North Lincoln Fire & Rescue #1 City of Harrisburg Gladstone Public Library Seaside Fire & Rescue City of Union City of Richland CITY OF LINCOLN CITY City of Donald City of Milton-Freewater CITY OF SCIO City of Forest Grove City Govrnment City of Mt. Angel Albany Police Department Account Type: County Special District Umatilla Electric Cooperative WATER ENVIRONMENT SERVICES Netarts-Oceanside RFPD UIUC Rogue River Fire District Aurora Rural FIre District Tillamook County Emergency Communications District Southern Coos Hospital Oregon Cascades West Council of Governments MULTONAH COUNTY DRAINAGE DISTRICT #1 PORT OF BANDON OR INT'L PORT OF COOS BAY MID-COLUMBIA CENTER FOR LIVING DESCHUTES COUNTY RFPD NO.2 YOUNGS RIVER LEWIS AND CLARK WATER DISTRICT PACIFIC STATES MARINE FISHERIES COMMISSION HOUSING AUTHORITY AND COMMUNITY SERVICES AGENCY CENTRAL OREGON IRRIGATION DISTRICT MARION COUNTY FIRE DISTRCT #1 COLUMBIA RIVER PUD SANDY FIRE DISTRICT NO. 72 BAY AREA HOSPITAL DISTRICT NEAH KAH NIE WATER DISTRICT PORT OF UMPQUA EAST MULTNOMAH SOIL AND WATER CONSERVANCY Benton Soil & Water Conservation District DESCHUTES PUBLIC LIBRARY SYSTEM North Douglas County Fire & EMS Crooked River Ranch Rural Fire Protection District PARROTT CREEK CHILD & FAM South Lane County Fire And Rescue Account Type: Community College CENTRAL OREGON COMMUNITY COLLEGE LANE COMMUNITY COLLEGE MT. HOOD COMMUNITY COLLEGE LINN-BENTON COMMUNITY COLLEGE SOUTHWESTERN OREGON COMMUNITY COLLEGE PORTLAND COMMUNITY COLLEGE CHEMEKETA COMMUNITY COLLEGE COLUMBIA GORGE COMMUNITY COLLEGE TILLAMOOK BAY COMMUNITY COLLEGE KLAMATH COMMUNITY COLLEGE DISTRICT Oregon Coast Community College Clatsop Community College North Portland Bible College Account Type: State Agency Oregon Forest Resources Institute Office of the Ong Term Care Ombudsman Oregon State Lottery OREGON TOURISM COMMISSION OREGON STATE POLICE OFFICE OF THE STATE TREASURER OREGON DEPT. OF EDUCATION SEIU LOCAL 503, OPEU OREGON DEPARTMENT OF FORESTRY OREGON STATE DEPT OF CORRECTIONS OREGON CHILD DEVELOPMENT COALITION OFFICE OF MEDICAL ASSISTANCE PROGRAMS OREGON OFFICE OF ENERGY OREGON STATE BOARD OF NURSING Page 407 of 651 85 BOARD OF MEDICAL EXAMINERS OREGON LOTTERY OREGON BOARD OF ARCHITECTS SANTIAM CANYON COMMUNICATION CENTER OREGON DEPT OF TRANSPORTATION OREGON TRAVEL INFORMATION COUNCIL OREGON DEPARTMENT OF EDUCATION OREGON DEPT. OF CORRECTIONS DEPARTMENT OF ADMINISTRATIVE SERVICES Oregon Tradeswomen Oregon Convention Center OREGON SCHL BRDS ASSOCIAT CARE OREGON Central Oregon Home Health and Hos Oregon Health Care Quality Cor OREGON DEPARTMENT OF HUMAN SERVICES Training & Employment BIENESTAR, INC. State of Oregon - Department of Administrative Services Aging and People with Disabilities Procurement Services/DAS STATE OF OREGON City of Astoria Fire Department Columbia Gorge ESD Account Type: Consolidated City/County City of Carlton City of Pendleton Convention Center Account Type: Federal US FISH AND WILDLIFE SERVICE Bonneville Power Administration Oregon Army National Guard USDA Forest Service Yellowhawk Tribal Health Center ANGELL JOB CORPS Account Type: Housing Authority Coquille Indian Housing Authority HOUSING AUTHORITY OF PORTLAND NORTH BEND CITY- COOS/URRY HOUSING AUTHORITY MARION COUNTY HOUSING AUTHORITY HOUSING AUTHORITY OF THE CITY OF SALEM Housing Authority of Yamhill County The Housing Authority of the County of Umatilla Page 408 of 651 86 Attachment 6 – FEMA Standard Terms and Conditions Addendum for Contracts and Grants If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”). In addition, Contractor agrees to the following specific provisions: 1. Pursuant to 44 CFR 13.36(i)(1), District is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43. 2. Pursuant to 44 CFR 13.36(i)(2), District may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44. 3. Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws: a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60); b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3); c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5); d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by DOL regulations (29 CFR Part 5); e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and f. 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 (Pub. L. 94-163, 89 Stat. 871). Page 409 of 651 87 4. Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41. 5. Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions regarding patents: a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under this Agreement, shall belong to the District and be disposed of in accordance with District policy. The District, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries. 6. Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR 13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: (1) The copyright in any work developed under a grant or contract; and (2) Any rights of copyright to which a grantee or a contactor purchases ownership with grant support. 7. Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as District deems necessary, Contractor shall permit District, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions. 8. Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or District makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42. Page 410 of 651 88 Attachment 7 – Community Development Block Grant Addendum Purchases made under this contract may be partially or fully funded with federal grant funds. Funding for this work may include Federal Funding sources, including Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development. When such funding is provided, Contractor shall comply with all terms, conditions and requirements enumerated by the grant funding source, as well as requirements of the State statutes for which the contract is utilized, whichever is the more restrictive requirement. When using Federal Funding, Contractor shall comply with all wage and latest reporting provisions of the Federal Davis-Bacon Act. HUD-4010 Labor Provisions also applies to this contract. Page 411 of 651 89 Attachment 8 – Price Scenarios Price Scenario and Project Summary: No. Product and/or Service Location Project To Be Completed 1 Chiller-Actual supply and installation North Harford Middle School, Pylesville, MD Scenario’s For Pricing 2 Provide packaged rooftop air conditioner and installation Chicago, IL, city limits 3 Provide indoor air handling unit Buffalo, NY, metro area 4 Provide air cooled scroll chiller, installation and maintenance for two (2) years Jacksonville, FL, metro area 5 Provide centrifugal water chiller, installation and maintenance for two (2) years Dallas, TX, metro area 6 Provide Unit ventilator and installation Los Angeles, CA, city limits Page 412 of 651 90 Pricing Project # 1 North Harford Middle School Chiller Replacement Harford County Public Schools 1.1 GENERAL: a. This technical specification is for the installation of two (2) air-cooled, 280 nominal tons, rotary screw chillers for North Harford Middle School. b. The contractor shall include all cost associated with coordinating the installation including the various sub- contractors, shipping, taxes, warrantee, start-up and training. c. The contractor is responsible for securing all required permits, and furnishing all the engineering, drawings, calculations, etc. as required by the local and county building and inspection authorities. d. The contractor is responsible for furnishing all the engineering submittals, drawings, calculations, HVAC load modeling as required by the local electrical utility for Delmarva Power’s C & I Energy Savers rebate program. PART 2 - PRODUCTS 2.1 AIR-COOLED SCREW COMPRESSOR CHILLER A. General: Section includes design, performance criteria, refrigerants, controls, and installation requirements for air- cooled semi hermetic rotary screw compressor chiller. The successful Contractor shall coordinate, receive, store, rig, and install the chiller per the manufacturer’s recommendations. The Contractor shall also coordinate with the chiller manufacturer for the start-up, and training as part of the chiller replacement project. 1. References: Comply with applicable Standards/Codes of ARI 550/590, ANSI/ASHRAE 15, ETL, cETL, NEC, and OSHA as adopted by the State. Units shall meet the minimum efficiency standards of ASHRAE Standard 90.1-2010 or the latest adopted version, and other applicable codes adopted by Harford County and/or the State. 2. Submittals: Submit shop drawings and product data with the Bid (2 Copies) in accordance with the specifications. Submittals shall include the following: a. Dimensioned plan and elevation view drawings, required clearances, and location of all field connections. b. Summary shall indicate quality and quantity of each required utility – water and electricity. c. Single-line schematic drawing of the field power hook-up requirements, indicating all items that are furnished. d. Schematic diagram of control system indicating points for field interface/connection. Diagram shall fully delineate field and factory wiring. f. Certification of factory-run test of chiller unit signed by company officer. g. Sound Power and Sound Pressure Level Data in decibels h. BACnet Testing Lab (BTL) Certification or BACnet Protocol Implementation Conformance Statement. 4. Quality Assurance: a. Qualifications: Equipment manufacturer must specialize in the manufacture of the products specified and have minimum five years experience with the type of equipment and refrigerant offered. b. Regulatory Requirements: Comply with the codes and standards specified herein: AHRI 550/590 AHRI 70 – Sound Rating ANSI/ASHRAE – 15 Safety Code for Mechanical Refrigeration ANSI/NFPA – 70 National Electric Code ASHRAE 90.1 – 2010 or latest adopted version ASME Section VIII Boiler and pressure vessel code Page 413 of 651 91 OSHA c. Chiller manufacturer’s plant must be ISO 9001 Registered. 5. Delivery Date/Project Address: The chiller shall be delivered to the project site around mid to late October 2015 after the end of the cooling season. Delivery dates shall be coordinated with HCPS and North Harford Middle School. The address is North Harford Middle School, 112 Pylesville Rd, Pylesville, MD 21132. 6. Substantial Completion and Start-up: The project shall be substantially complete by April 1, 2016, and ready for start-up around April 15, 2016 based on cooling weather requirements. 7. Existing Site Conditions: Contractors are required to visit the project site to review the existing conditions, chilled water piping lay out, and electrical equipment requirements and connections. The existing chiller enclosure dimensions are approximately 41’ long x 34’-4” wide, wall height is 10’-6”. The two existing chiller pads are approximately 31’ L x 9’-6” W and 6’ apart side by side. The Contractor is responsible for field verifying all dimensions for the equipment layout. 8. Delivery and Handling: Chillers shall be delivered to the job site or the mechanical contractor’s yard completely assembled and charged with refrigerant and oil by the manufacturer. Comply with the manufacturer's instructions for rigging and handling equipment. Provide protective coverings for all components that could be damaged during shipping. All open ended piping shall be fitted with plastic or equivalent enclosures. 9. Warranty: The refrigeration equipment manufacturer’s warranty shall be for a period of one (1) year from date of chiller start up. The contractor shall provide an additional extended warranty for one year. The warranty shall provide for repair or replacement due to failure by material and workmanship that prove defective within the 2 year period, including refrigerant, parts, and labor. The compressor(s) parts shall be warranted for a minimum of five (5) years. 10. Maintenance: Maintenance of the chillers shall be the responsibility of the contractor and performed in accordance with the Manufacturer’s instructions during the two year warrantee period. During the first cooling season the contractor/manufacturer shall perform two on-site inspections and furnish HCPS a report describing the condition of the major components of the chiller, with any issues to be addressed and recommended corrective actions. Site visits shall be coordinated with HCPS Facilities Management. B. Products 1. Acceptable Manufacturers: The selection is based on Daikin Applied Model AWS 280 CDH VFD (basis of design), JCI/York International YVAA, Trane RTAE or Carrier 30XA will be acceptable as long as the selection of the chiller by the contractor/manufacturer meets the performance requirements , physical requirements, electrical and mechanical requirements specified herein. 2. Unit Description: Furnish, install and commission two (2) factory-charged air-cooled semi hermetic screw compressor packaged chillers as specified. The chiller shall consist of compressor sets (two or three compressors), VFD for each compressor, direct expansion evaporator, air-cooled condenser section, R- 134A refrigerant, microprocessor-based control system and all components necessary for controlled unit operation. Each chiller shall be factory run-tested with water to verify operation. Operating controls and refrigerant charge shall be checked for proper operation and optimum performance. Any deviation shall be remedied prior to shipment and the unit retested, if necessary, to confirm repairs or adjustments. Provide certification of factory run tests signed by company officer. 3. Design Requirements: a. General: Provide a complete screw compressor packaged chiller as specified herein. The unit shall be in accordance with the standards referenced in Section 2.1.A.1 and any local codes in effect. b. Performance: EER at full load minimum = 10.2, IPLV Minimum= 15.5. The chiller shall be capable of stable operation to a minimum of 20 percent of full load without hot gas bypass. Performance shall be in accordance with AHRI Standard 550/590. Page 414 of 651 92 c. Acoustics: Sound power levels for the unit shall not exceed A-weighted rating of 101 dBA and sound pressure levels shall not exceed A-weighted rating of 73 dBA . Provide both sound pressure and sound power data in decibels as per the table below. Test shall be in accordance with AHRI Standard 370. Sound Data Total dBA for octave-band center frequencies (Hz) 63 125 250 500 1k 2k 4k 8k Chiller Manufacturer shall provide compressor blankets and low noise condenser fans to meet the noise requirements if required. d. Design Chilled water supply temperature @ 525 gpm, LWT=42 degrees F, EWT: 55 degrees F based on 95 degrees ambient air. 260 tons net per chiller. e. Max. Pressure drop through evaporator shall be 34 ft. Chilled water pump selection will be affected if pressure drop exceeds 34 ft. Contractor is responsible for proper pump selection and all related changes to accommodate higher pressure drops. 4. Chiller Components: a. Compressors: The compressors shall be sealed semi-hermetic, rotary screw type. Compressors shall be furnished with vibration isolation pads Compressor Motors shall be high torque, two pole semi-hermetic, squirrel cage induction type with inherent thermal protection on all three phases and cooled by suction gas. Design working pressure of compressor shall be a minimum of 350 psig. Each compressor shall be equipped with a VFD to provide compressor speed control as a function of the cooling load. The VFD shall provide for controlled motor acceleration and deceleration as well as protection against electronic thermal overload, over/under current, stalled motor, phase loss, current imbalance. The VFD shall provide a minimum 94 % power factor at all load points or alternatively be furnished with power factor correction capacitors. VFDs shall be equipped with EMI filters to combat harmonics. b. Evaporator: The evaporator shall be direct expansion, high efficiency counter-flow heat transfer type with water flowing in the baffled shell side and refrigerant flowing through the tubes and low pressure drops. The evaporator shall have a carbon steel shell and seamless high efficiency copper tubes rolled into a carbon steel tube sheet. The top and bottom of the evaporator shall have 3/8-inch (10 mm) vent and drain plugs. The evaporator shall have an electric resistance immersion heater and be insulated with 1 1/2-inch (38 mm) thick flexible elastomeric cellular sheet insulation and have a K factor of at least 0.26 at 75 deg F (23 deg C), protecting against water freeze-to ambient air temperatures of -20 deg F (-29 deg C). A fluid thermostat shall control the heater. The water side working pressure shall be minimum150 psig, refrigerant side working pressure shall be a minimum 235 psig. Each evaporator shall be designed, constructed, inspected, and stamped according to the requirements of the ASME Section VIII Boiler and Pressure Vessel Code. Contractor to verify left hand or right hand, front and rear piping connections on the evaporator with respect to the existing chilled water piping. Contractor is responsible for all required new chilled water piping to make the necessary connections. New chilled water piping to match the existing chilled water black steel piping, diameter and thickness. Pipe insulation/thickness for chilled water piping to match existing and suitable for exterior installation. Existing butterfly shut off valves may be reused if suitable. c. Condenser: The condenser coils shall consist of 3/8 inch (10mm) seamless copper tubes mechanically bonded into aluminum plate-type fins. The fins shall have full drawn collars to completely cover the tubes. A sub-cooling coil shall be an integral part of the main condenser coil. Coils shall be designed for minimum 350 psig working pressure. Condenser fans shall be single piece molded composite material to provide low noise levels, arranged for vertical air discharge and individually driven by direct-drive fan motors. They shall be equipped with a heavy-gauge PVC Page 415 of 651 93 coated fan guard. Fan motors shall be TEAO, three-phase, direct-drive, 850 rpm. Each fan section shall be partitioned to avoid cross circulation. d. Refrigerant Circuit: Each of the refrigerant circuits shall be independent of each other, with at least one compressor per circuit, include a replaceable refrigerant filter-drier, sight glass with moisture indicator, liquid line shutoff valve (no exceptions), electronic expansion valve, and insulated suction line shutoff valve. e. Power and Electrical requirements: Provide single point power connection to the chiller, 3 PH/4W/460 V. e. Construction: Unit casing and all structural members and rails shall be fabricated of steel and painted to meet ASTM B117, 500-hour salt spray test. Provide protective and decorative louvers for upper section of the unit, covering the coils and unit end. Provide neoprene in shear vibration isolation pads for field installation. f. Control System: A NEMA Type 3A weatherproof control panel shall contain the field power connection points, control interlock terminals, and unit control system. Hinged access doors shall be lockable. Barrier panels are required to protect against accidental contact with line voltage when accessing the control system. Power and starting components shall include factory circuit breaker of fan motors and control circuit, individual contactors for each fan motor, solid-state compressor three-phase motor overload protection, inherent fan motor overload protection and unit power blocks for connection to remote, contractor-supplied, disconnect switches. Provide single-point connection to a non-fused disconnect switch. A 10.0 amp 115 V convenience outlet shall be mounted inside the control panel. g. An advanced DDC microprocessor unit controller with a 4-line by 20-character liquid crystal display provides the operating and protection functions. The controller shall take pre-emptive limiting action in case of high discharge pressure or low evaporator pressure, loss of water flow, loss of refrigerant and freeze protection, phase loss and voltage protection. The controller shall contain the following features as a minimum: 1) The following features and functions shall be included: a) A multi- key input pad conveniently mounted on the unit controller. Default language and units of measure shall be English and I-P respectively. Messages shall be in plain English. Coded messages, LED indicators and LED displays are not acceptable. b) Separate control section and password protection for critical parameters. c) Remote reset of chilled water temperature using a 4-20mA signal or BACnet interface. d) Soft-load operation, protecting the compressor by preventing full-load operation during the initial chilled fluid pull-down period. e) BAS communication flexibility through modular plug-in BACnet. MS/TP Master (Clause 9) to integrate with the Johnson Controls Energy Management System. f) Non-volatile program memory allowing auto-restart after a power failure. g) Recording of safety shutdowns, including date-and-time stamp, system temperatures and pressures. A minimum of six previous occurrences shall be maintained in a revolving memory. h) Start-to-start and stop-to-start cycle timers, providing minimum compressor off time while maximizing motor protection. i) Lead-lag compressor staging for part-load operation by manual selection or automatically by circuit run hours. j) Discharge pressure control through intelligent cycling of condenser fans to maximize efficiency. k) Pro-active compressor unloading when selected operating parameters exceed design settings, such as high discharge pressure or low evaporator pressure. l) Diagnostic monitoring of unit operation, providing a pre-alarm signal in advance of a potential shutdown, allowing time for corrective action. 5. Building Automation System (BAS) Interface Factory mounted DDC controller(s) shall support operation on a BACnet® network to integrate with the Johnson Controls Energy Management System BACnet MS/TP master (Clause 9). The information communicated between the BAS and the factory-mounted unit controllers shall include the reading Page 416 of 651 94 and writing of data to allow unit monitoring, control and alarm notification as specified. All communication shall be via standard BACnet objects. Proprietary BACnet objects shall not be allowed. BACnet communications shall conform to the BACnet protocol (ANSI/ASHRAE 135). A BACnet Protocol Implementation Conformance Statement (PICS) shall be provided along with the unit submittal. . 6. Options and Accessories: The following options are to be included: a.. Ground fault protection. b. Factory-mounted thermal flow switch. c. Elastomeric isolators C. Installation 1. Install in strict accordance with manufacturer’s requirements, shop drawings, and contract documents. 2. Adjust and level chillers in alignment on existing chiller pads. Verify existing chilled water pipe sizing, and connection/header locations for new chillers. Coordinate chillers physical size/location with the existing chiller enclosure. 3. Coordinate electrical installation with electrical contractor. Verify electrical power requirements, wire/conduit and overcurrent protection sizes. 4. Coordinate existing controls with controls contractor. 5. Install a cleanable, field-supplied 20 (0.125”) mesh Y type 304 SS strainer with a blow down valve in the chilled water line at the evaporator inlet to remove debris and other impurities before they get to the evaporator during initial system fill. 6. Field installed pressure and temperature gauges on supply and return chilled water lines. 7. Care shall be exercised when welding pipe or flanges to the evaporator to prevent any slag from entering the vessel. Provide all appurtenances required to insure a fully operational and functional chiller. D. Start-Up 1. Provide Factory authorized testing and starting of machine, and instruct the Owner (4 hours minimum) in its proper operation and maintenance. Coordinate start up/instruction with HCPS Facilities Management. END OF NHMS SPECIFICATIONS MBE requirements apply only to the Harford County Public Schools North Harford Middle School Chiller project. The Overall certified MBE subcontract participation goal is 8%. The subgoals are 0%. MBE instructions and required documents are on the following pages. Page 417 of 651 95 MINORITY BUSINESS ENTERPRISE PROCEDURES FOR PUBLIC SCHOOL CONTRUCTION PROJECTS HARFORD COUNTY PUBLIC SCHOOLS Page 418 of 651 96 MINORITY BUSINESS ENTERPRISE PROCEDURES FOR PUBLIC SCHOOL CONTRUCTION PROJECTS 1.0 IMPLEMENTING PROCEDURES – OVER $50,000 For construction projects estimated to cost in excess of $50,000, the following procedures will be utilized: 1. All advertisements, solicitations, and solicitation documents shall include the following statements: a. “Certified Minority Business Enterprises are encouraged to respond to this solicitation notice.” b. “The contractor or supplier who provides materials, supplies, equipment and/or services for this construction project shall attempt to achieve the specific overall MBE goal of ___ percent established for this project. All prime contractors, including certified MBE firms, when submitting bids or proposals as general or prime contractors, are required to attempt to achieve this goal from certified MBE firms.” c. If subgoals have been established for this project then one of the following should be included: 1) “The subgoals established for this project are ___ percent from African American-owned businesses and 0 percent from woman Asian American-owned businesses.” 2) “The subgoal established for this project is ___ percent from African American- owned businesses.” 3) “The subgoal established for this project is ___ percent from woman Asian American-owned businesses.” 2.0 ALL SOLICITATION DOCUMENTS SHALL INCLUDE THE FOLLOWING: 1. Each bid or offer submitted, including a submittal from a certified MBE in response to this solicitation, shall be accompanied by a completed Attachment A – Certified MBE Utilization and Fair Solicitation Affidavit and a completed Attachment B – MBE Participation Schedule. These two attachments must be accurate and consistent with each other. a. Attachment A and Attachment B shall be submitted with the sealed bid price or proposal at a place, date and time specified in the solicitation document. Refer back to the General Terms and Conditions, section 41.0 Minority Business Enterprise Participation. Omitting these attachments will result a bid to be deemed non-responsive. Page 419 of 651 97 Attachment A (page 1 of 2) CERTIFIED MINORITY BUSINESS ENTERPRISE UTILIZATION AND FAIR SOLICITATION AFFIDAVIT NOTE: You must include this document with your bid or offer. If you do not submit the form with your bid or offer, the procurement officer shall deem your bid non-responsive or your offer not reasonably susceptible of being selected for award. *************** Part I. I acknowledge the: x Overall certified MBE subcontract participation goal of __ %. and x The subgoals, if applicable, of: x 0 % for certified African American-owned businesses and x 0 % for certified women-Asian American-owned businesses. I have made a good-faith effort to achieve this goal. If awarded the contract, I will continue to attempt to increase MBE participation during the project. Part II. Check ONE Box NOTE: FAILURE TO CHECK ONE OF BOXES 1, 2, or 3 BELOW WILL RENDER A BID NON- RESPONSIVE OR AN OFFER NOT REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR AWARD NOTE: INCONSISTENCY BETWEEN THE ASSERTIONS ON THIS FORM AND THE INFORMATION PROVIDED ON THE MBE PARTICIPATION SCHEDULE (ATTACHMENT B) MAY RENDER A BID NON-RESPONSIVE OR AN OFFER NOT REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR AWARD 1 I have met the overall MBE goal and MBE subgoals for this project. I submit with this Affidavit [Attachment A] the MBE Participation Schedule [Attachment B], which details how I will reach that goal. or 2 After having made a good-faith effort to achieve the overall MBE goal and MBE subgoals for this project, I can achieve partial success only. I submit with this Affidavit [Attachment A] the MBE Participation Schedule [Attachment B], which details the MBE participation I have achieved. I request a partial waiver as follows: x Waiver of overall MBE subcontract participation goal: ____ % x Waiver of MBE subcontract participation subgoals, if applicable: x ____ % for certified African American-owned businesses and x ____ % for certified women Asian American-owned businesses. Within 10 days of being informed that I am the apparent awardee, I will submit MBE Waiver Documentation [Attachment F] (with supporting documentation). Page 420 of 651 98 Attachment A (page 2 of 2) or 3 After having made a good faith effort to achieve the overall MBE goal and MBE subgoals for this project, I am unable to achieve any portion of the goal or subgoals. I submit with this Affidavit [Attachment A] the MBE Participation Schedule [Attachment B]. I request a full waiver. Within 10 days of being informed that I am the apparent awardee, I will submit MBE Waiver Documentation [Attachment F] (with supporting documentation). Part III. I understand that if I am the apparent awardee or conditional awardee, I must submit within 10 working days after receiving notice of the potential award or within 10 days after the date of conditional award – whichever is earlier – the: x Outreach Efforts Compliance Statement (Attachment C) x Subcontractor Project Participation Statement (Attachment D) x Minority Subcontractors Unavailability Certificate (Attachment E) (if applicable) x Any other documentation the Procurement Officer requires to ascertain my responsibility in connection with the MBE participation goal and subgoals I acknowledge that if I fail to timely return complete documents, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract has been awarded, the award is voidable. I acknowledge that the MBE subcontractors/suppliers listed in the MBE Participation Schedule and any additional MBE subcontractor/suppliers identified in the Subcontractor Project Participation Statement will be used to accomplish the percentage of MBE participation that I intend to achieve. In the solicitation of subcontract quotations or offers, MBE subcontractors were provided the same information and amount of time to respond as were non-MBE subcontractors. The solicitation process was conducted in such a manner so as to not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors. I solemnly affirm under the penalties of perjury that this Affidavit is true to the best of my knowledge, information, and belief. ____________________________ ________________________________ Bidder/Offeror Name Affiant Signature ____________________________ ________________________________ Address Printed Name & Title ____________________________ ________________________________ Address (continued) Date September 2008 Page 421 of 651 99 Attachment B MBE PARTICIPATION SCHEDULE This document must be included with the bid or offer. If the bidder or offeror fails to submit this form with the bid or offer as required, the procurement officer shall deem the bid non-responsive or shall determine that the offer is not reasonably susceptible of being selected for award. 1. Prime Contractor’s Name 2. Prime Contractor’s Address and Telephone Number 3. Project/School Name 4. Project/School Location 5. LEA and PSC No. 7a. Minority Firm Name 6. Base Bid Amount $ Minority Firm Address Minority Firm Telephone Number Minority Firm Fax Number MDOT Certification Number Minority Group Type (African American ) (Asian ) (American Indian) (Women ) (Hispanic) (Disabled) Work to be Performed and Subcontract Dollar Amount 7b. Minority Firm Name Percent of Total Contract Minority Firm Address Minority Firm Telephone Number Minority Firm Fax Number MDOT Certification Number Minority Group Type (African American ) (Asian) (American Indian) (Women ) (Hispanic) (Disabled) Subcontract Dollar Amount Percent of Total Contract 7c. Minority Firm Name Minority Firm Address Minority Firm Telephone Number Minority Firm Fax Number MDOT Certification Number Minority Group Type (African American ) (Asian) (American Indian) (Women ) (Hispanic) (Disabled) Subcontract Dollar Amount Percent of Total Contract 8. MBE Total Dollar Amount 9. Total MBE Percent of Entire Contract 10. Form Prepared by : Name Title Date 11. Reviewed and Accepted by Harford County Board of Education MBE Liaison Name Title Date Total MBE Participation:________% $ ____________ Total African-American MBE Participation:________% $ ____________ Total Woman-Owned Asian-American MBE Participation: ________% $ ____________ Total Other Participation:________% $ ____________ September 2008 B-1 Page 422 of 651 100 Attachment C OUTREACH EFFORTS COMPLIANCE STATEMENT In conjunction with the bid or offer submitted in response to Harford County Public Schools for the ____________________________ project, PSC # 12.034.13, I state the following: (name) 1) Bidder/Offeror identified opportunities to subcontract in these specific work categories: 2) Attached to this form are copies of written solicitations (with bidding instructions) used to solicit certified MBEs for these subcontract opportunities. 3) Bidder/Offeror made the following attempts to contact personally the solicited MBEs: 4)Bidder/Offeror assisted MBEs to fulfill or to seek waiver of bonding Requirements (Described Efforts) This project does not involve bonding requirements. 5)Bidder/Offeror did/did not attend the pre-bid conference No pre-bid conference was held. _________________________________ By: ________________________ Bidder/Offeror Name _________________________________ _________________________ Address Name,Title _________________________________ __________________________ Date Page 423 of 651 101 Attachment D MINORITY BUSINESS ENTERPRISES SUBCONTRACTOR PROJECT PARTICIPATION STATEMENT PROJECT/ SCHOOL NAME: PROJECT/ SCHOOL LOCATION: LEA:___________________________________________________ NAME OF PRIME CONTRACTOR: ____________________________________________________ NAME OF MBE SUBCONTRACTOR: MDOT Certification Number 1. Work/Services to be performed by MBE Subcontractor: 2. Subcontract Amount: $ 3. Bonds - Amount and type required of Subcontractor if any: 4. MBE Anticipated or Actual Commencement Date: Completion Date: 5. This MBE subcontract represents the following percentage of the total contract cost: 6. This is an African American Firm: Yes No 7. This is a Women Owned Business Asian-American Firm: Yes No 8. This is an Asian,Women Owned, American Indian, Hispanic or Disabled Firm: Yes No (Circle One) *********************************************************************************************** The undersigned subcontractor and prime contractor will enter into a contract for the work/service indicated above upon the prime contractor’s execution of a contract for the above referenced project with the Board of Education. The undersigned subcontractor is a MDOT certified Minority Business Enterprise. The terms and conditions stated above are consistent with our agreements. Signature of Subcontractor: Signature of Subcontractor Date: ________________________ The term and conditions stated above are consistent with our agreements. Signature of Prime Contractor: Date: ____________________________ Page 424 of 651 102 Attachment E MINORITY SUBCONTRACTOR UNAVAILABILITY CERTIFICATE 1. It is hereby certified that the firm of (Name of Minority firm) located at (Number) (Street) (City)(State) (Zip) was offered an opportunity to bid on the school project in County by (Name of Prime Contractor’s Firm) ************************************************************************************* 2. The (Minority Firm), is either unavailable for the work/service or unable to prepare a bid for this project for the following reason(s): Signature of Minority Firm’s MBE Representative Title Date MDOT Certification # Telephone # 3. To be completed by the prime contractor if Section 2 of this form is not completed by the minority firm. To the best of my knowledge and belief, said Certified Minority Business Enterprise is either unavailable for the work/service for this project, is unable to prepare a bid, or did not respond to a request for a price proposal and has not completed the above portion of this submittal. Signature of Prime Contractor Title Date June 2008 E-1 Page 425 of 651 103 Attachment F MBE WAIVER DOCUMENTATION Project Name: PSC No. Base Contract Amount $ Plus Accepted Alternates Equals Total Contract Amount $ I have previously requested that a waiver be granted to the overall MBE goal for this project of _____ percent, with a minimum of ____ percent from certified African American-owned businesses, a minimum of ____ percent from certified women Asian-owned businesses, and the balance from all certified minority business enterprises, if applicable. This would include the total dollar value of all materials, supplies, equipment, and services, including construction services directly or indirectly, from Minority Business Enterprises (MBE) which are currently certified by the Maryland Department of Transportation (MDOT). I , hereby certify that my position is (Name of Company Representative) ,and I am the duly authorized representative of (Position Title) . (Company Name) I further certify that I have submitted a Schedule for Participation of Certified Minority Business Enterprises which reflects the percentage and dollar value of certified Minority Business Enterprise participation which my company expects to achieve for this contract. Therefore, the request for the waiver is as follows: Summary MBE Participation Schedule from Attachment B Minority Group MBE GOAL Actual MBE Dollar Participation Request For Waiver Percent of Total Contract Dollar Value of Total Contract* Dollar Value Percent of Total Contract Dollar Value Percent of Total Contract a. Sub Goal African American b. Sub Goal Women Asian-American c. Other * in Sub Goal group a/b above TOTALS * with accepted/rejected alternates F-1 Page 426 of 651 104 To support this request for a waiver, I include the following information as attachments which I certify to be true to the best of my knowledge. 1. A detailed statement of the efforts made by the contractor to identify and select portions of the work proposed to be performed by subcontractors in order to increase the likelihood of achieving the stated goal; 2. A detailed statement of the efforts made by the contractor prior to and up to 10 days before the bid opening to solicit minority business enterprises through written notices that describe the categories of work for which subcontracting is being solicited, the type of work to be performed, and specific instructions on how to submit a bid; 3. A detailed statement of the contractor’s efforts to make personal contact with MBE firms identified for Item 2. above; 4. A record of the name, address, telephone number, and dates contacted for each MBE identified under items 2. and 3. above; 5. A description of the information provided to MBE’s regarding the plans, specifications and the anticipated time schedule for portions of the work to be performed; 6. Information on activities to assist minority business enterprises to fulfill bonding requirements, or to obtain a waiver of these requirements; 7. Information on activities to publicize contracting opportunities to minority business enterprises, attendance at pre-bid meetings, or other meetings scheduled by the MBE Liaison or designated representative; 8. As to each MBE that placed a subcontract quotation or offer which the apparent low bidder or successful offeror considers not to be acceptable, a detailed statement of reasons for this conclusion; and 9. A list of minority subcontractors found to be unavailable. This shall be accompanied by a Minority Subcontractor Unavailability Certificate signed by the minority business enterprise or from the apparent low bidder or successful offeror indicating that the minority business did not provide the written certification. Signature Date (Company Representative Name) Sworn and subscribed before me this day. of in the year Notary Public ---------------------------------------------------------------------------------------------------------------------------------------------- Reviewed and accepted by the Harford County Board of Education MBE Liaison. Signature Date (MBE Liaison) MBE Request For Waiver Master Form (July 2002) September 2008 F-2 Page 427 of 651 105 Attachment G IAC/PSCP Form 306.4 CERTIFIED MINORITY BUSINESS ENTERPRISE PARTICIPATION STANDARD MONTHLY CONTRACTOR’S REQUISITION FOR PAYMENT PAGE 3 of 16 LEA:DATE: FACILITY NAME: PSC NO: SCOPE OF WORK:REQ NO: Name of MBE Sub-Contractor MDOT Certification Number and Classification TOTAL MBE Contract Amount Amount to be Paid THIS Requisition TOTAL Paid to Date MBE has Received FINAL Payment? If amount paid is LESS than TOTAL MBE Contract Amount, EXPLAIN VARIANCE TOTAL: $ - $ - $ - MDOT Certification Number and Classification can be located at http://mbe.state.mdot.state.md.us/directory/ MBE Classification: African American = AA African American/Women = AAW Hispanic American = H Hispanic American/Women = HW Native American = N Native American/Women = NW Asian American = A Asian American/Women = AW Women = W I certify that the figures and information presented above represent accurate and true statements that timely payments have been and will be made to suppliers and subcontractors on this project as requisitioned payments are received, and in accordance with our contracts. Name of Contractor Firm Authorized Contractor Signature/Date Page 428 of 651 106 Contractor Federal Tax ID #Contractor MBE Classification # (if applicable) Name of LEA MBE Liaison (Printed)Signature of LEA MBE Liaison/Date Page 429 of 651 107 IAC/PSCP FORM 306.6 CLOSE-OUT COST SUMMARY DATE: PSC # : Public School Construction Local and Other Approved Contracts Expenditures Approved Contracts Expenditures A/E Related Costs Total $0 $0 $0 $0 I hereby certify that the data shown hereon is correct and request this project be closed. ADJUSTMENTS: Allocation:Initials Cash:Date AUDIT COMMENTS: Initials Date $0 . $0 $0 Attachment H FOR STATE USE ONLY Total Expenditures Construction Signature of LEA Representative Balance $0 $0 $0 $0 LEA: Allocation: Cash Disbursements: SCHOOL NAME: Page 430 of 651 108 Pricing Scenario # 2 Provide Packaged Rooftop Air Conditioner and Installation Location of Project: Chicago, IL, City Limits Description PART 1: GENERAL 1.01 Section Includes: A. Packaged rooftop air conditioners 1.02 References A. ARI 340/360 - Unitary Large Equipment B. IBC 2000 – International Building Code C. National Electrical Code. 1.03 Operation and Maintenance Data A. Installation: Install product according to manufacturer’s installation instructions during normal business hours B. Maintenance Data: Provide instructions for maintenance and service 1.04 Qualifications A. Manufacturer: Company specializing in manufacturing the Products specified in this section with minimum five years documented experience, who issues complete catalog data on total product. B. Startup must be done by trained personnel experienced with rooftop equipment. C. Do not operate units for any purpose, temporary or permanent, until ductwork is clean, filters and remote controls are in place, bearings lubricated, and manufacturer’s installation instructions have been followed. PART 2: PRODUCTS 2.01 General Description A. Furnish a Packaged Heating and Cooling Unit. Unit performance and electrical characteristics shall be per Part 3: Performance. B. The complete unit shall be ETL/CETL listed C. Each unit shall be specifically designed for outdoor rooftop application and include a weatherproof cabinet. Each unit shall be completely factory assembled and shipped in one piece. Packaged units shall be shipped fully charged with Refrigerant 410A and oil. D. The unit shall undergo a complete factory run test prior to shipment. The factory test shall include final balancing of the supply fan assemblies, a refrigeration circuit run test, a unit control system operations checkout, a unit refrigerant leak test and a final unit inspection. E. All units shall have decals and tags to indicate caution areas and aid unit service. Unit nameplates shall be fixed to the main control panel door. Electrical wiring diagrams shall be attached to the control panels. Installation, operating and maintenance bulletins and start-up forms shall be supplied with each unit. F. Performance: All scheduled capacities and face areas are minimum accepted values. All scheduled amps, kW, and HP are maximum accepted values that allow scheduled capacity to be met. G. Warranty: The manufacturer shall provide 12-month manufacturer’s standard parts only warranty. Defective parts shall be repaired or replaced during the warranty period at no charge. The warranty period shall commence at startup or six months after shipment, whichever occurs first. 2.02 Cabinet, Casing, and Frame A. Panel construction shall be double-wall construction for all doors, side panels and ceiling panels. All floor panels shall have a solid galvanized steel inner liner on the air stream side of the unit to protect insulation during service and maintenance. Insulation shall be a minimum of 1" thick with an R-value of 4.0, and shall be neoprene coated glass fiber. Panel design shall include no exposed insulation edges. Unit cabinet shall be designed to operate at total static pressures up to 5.0 inches w.g. B. Exterior surfaces shall be constructed of pre-painted galvanized steel for aesthetics and long term durability. Paint finish to include a base primer with a high quality, polyester resin topcoat of a neutral beige color. Finished panel surfaces to Page 431 of 651 109 withstand a minimum 750-hour salt spray test without blistering or peeling in accordance with ASTM B117 standard for salt spray resistance when the sample is scribed with an X and sample edges are not protected. C. Service doors shall be provided on both sides of the mixing box, filter and DX coil sections.. An access door shall also be provided to the fan section, heat section and control box in order to provide user access to unit components. All service access doors shall be mounted on multiple, stainless steel hinges and shall be secured by a latch system. Removable service panels secured by multiple mechanical fasteners are not acceptable. D. The unit base shall overhang the roof curb for positive water runoff and shall seat on the roof curb gasket to provide a positive, weather tight seal. Lifting brackets shall be provided on the unit base to accept cable or chain hooks for rigging the equipment. 2.03 Supply Fan A. Supply fan shall be a non-overloading, single width, single inlet (SWSI) airfoil centrifugal fan. The fan blade design shall be a double blade with the airfoil geometry, a backward inclined blade fan wheel design will not be acceptable. The fan wheel shall be Class II construction with fan blades welded to the back plate and end rim. The supply fan shall be mounted using solid-steel shafts and wheel hubs with mating keyways B. The fan assembly shall have fixed pitched drives with a minimum of two belts. The drives shall be selected with a minimum diameter of 4 inches and a 1.2 service factor. The belts shall be of the grip-notch design. C. All fan assemblies shall be statically and dynamically balanced at the factory, including a final trim balance, prior to shipment. All fan assemblies shall employ solid steel fan shafts. Heavy-duty pillow block type, self-aligning, grease lubricated ball bearings shall be used. Bearings shall be sized to provide a L-50 life at 250,000 hours. The entire fan assembly shall be isolated from the fan bulkhead with a flexible collar and mounted on 1” spring isolators. D. Fan motors shall be heavy-duty 1800 rpm open drip-proof (ODP) type with grease lubricated ball bearings. Motors shall be premium efficiency. Motors shall be mounted on an adjustable base that provides for proper alignment and belt tension adjustment. Motors shall be suitable for use with a variable frequency drive. E. The supply fan shall be capable of airflow modulation from 30% to 100% of the scheduled designed airflow. The fan shall not operate in a state of surge at any point within the modulation range. 2.04 Variable Air Volume Control A. An electronic variable frequency drive shall be provided for the supply air fan. Each drive shall be factory installed out of the air stream in a conditioned cabinet. Drives shall meet UL Standard 95-5V. The completed unit assembly shall be listed by a recognized safety agency, such as ETL. Drives are to be accessible through a hinged door assembly. Mounting arrangements that expose drives to high temperature unfiltered ambient air are not acceptable. B. The unit manufacturer shall install all power and control wiring. C. The supply air fan drive output shall be controlled by the factory installed main unit control system and drive status and operating speed shall be monitored and displayed at the main unit control panel. 2.05 Electrical A. Unit wiring shall comply with NEC requirements and with all applicable UL standards. All electrical components shall be UL recognized where applicable. All wiring and electrical components provided with the unit shall be number and color- coded and labeled according to the electrical diagram provided for easy identification. The unit shall be provided with a factory wired weatherproof control panel. Unit shall have a single point power terminal block for main power connection. A terminal board shall be provided for low voltage control wiring. Branch short circuit protection, 115-volt control circuit transformer and fuse, system switches, and a high temperature sensor shall also be provided with the unit. Each compressor and condenser fan motor shall be furnished with contactors and inherent thermal overload protection. Supply fan motors shall have contactors and external overload protection. Knockouts shall be provided in the bottom of the main control panels for field wiring entrance. A GFI receptacle shall be unit mounted. The receptacle shall require a field power connection independent from the unit’s main power block and / or disconnect.. B. The unit's short circuit resistance rating [SCCR] shall be 10,000 amps. 2.06 Heating and Cooling Sections A. The direct expansion (DX) coil section shall be installed in a draw through configuration, upstream of the supply air fan. The coil section shall be complete with a factory piped cooling coil and an ASHRAE 62.1 compliant double sloped stainless steel drain pan with a minimum depth of 2.3" on the connection side. B. Direct expansion (DX) cooling coils shall be fabricated of seamless high efficiency copper tubing that is mechanically expanded into high efficiency aluminum plate fins. Coils shall be a multi-row, staggered tube design with a minimum of 3 rows and a maximum of 12 fins per inch. All units shall have two independent refrigerant circuits and shall use an Page 432 of 651 110 interlaced coil circuiting that keeps the full coil face active at all load conditions. All coils shall be factory leak tested with high pressure air under water. C. A positively sloped drain pan shall be provided with the cooling coil. The slope of the drain pan shall be in two directions and comply with ASHRAE Standard 62.1. The drain pan shall have a minimum slope of 1/8" per foot to provide positive draining. The drain pan shall extend beyond the leaving side of the coil. The drain pan construction shall be a stainless steel design. The drain pan shall be connected to a threaded drain connection extending through the unit base. Drain pan shall be removable from the side of the unit without the removal of the cooling coil. 2.07 Filters A. Unit shall be provided with a draw-through filter section. The filter rack shall be designed to accept a 2” prefilter and a 4” final filter. The unit design shall have a hinged access door for the filter section. The manufacturer shall ship the rooftop unit with 2” MERV 8 construction filters. The contractor shall furnish and install, at building occupancy, the final set of filters per the contract documents. 2.08 Outdoor / Return Air Section A. Damper blades shall be gasketed with side seals to provide an air leakage rate of no more than 1.5 cfm / square foot of damper area at 1” differential pressure. Leakage rate to be tested in accordance with AMCA Standard 500. Damper blades shall be operated from multiple sets of linkages mounted on the leaving face of the dampers. B. Unit shall be provided with an outdoor air economizer section. The 0 to 100% outside air economizer section shall include outdoor, return, and exhaust air dampers. The outdoor air hood shall be factory installed and constructed from galvanized steel finished with the same durable paint finish as the main unit. The hood shall include moisture eliminator filters to drain water away from the entering air stream. The outside and return air dampers shall be sized to handle 100% of the supply air volume. The dampers shall be opposed blade design. Damper blades shall be gasketed and also have side seals to provide an air leakage rate of 4 cfm / square foot of damper area at 1” differential pressure per ASHRAE 90.1 Energy Standard . Leakage rate to be tested in accordance with AMCA Standard 500. A barometric exhaust damper shall be provided to exhaust air out of the back of the unit. A bird screen shall be provided to prevent infiltration of rain and foreign materials. Exhaust damper blades shall be lined with vinyl gasketing on contact edges. Control of the dampers shall be by a factory installed direct coupled actuator. Damper actuator shall be of the modulating, spring return type. An adjustable dry bulb control shall be provided to sense the dry-bulb temperature of the outdoor air stream to determine if outdoor air is suitable for “free” cooling. If outdoor air is suitable for “free” cooling, the outdoor air dampers shall modulate in response to the unit’s temperature control system. 2.09 Condensing Section A. Condenser coils shall be an all aluminum design, and mounted on polymer brackets, to minimize di-electric corrosion. The aluminum tube shall be a micro channel design with high efficiency aluminum fins. Fins shall be brazed to the tubing for a direct bond. Each condenser coil shall be factory leak tested with high-pressure air under water. Condenser coils shall be protected from incidental contact to coil fins by a coil guard. Coil guard shall be constructed of cross wire welded steel with PVC coating B. Condenser fans shall be direct drive, axial type designed for low tip speed and vertical air discharge. Condenser fan rpm shall be 1140 rpm maximum. Fan blades shall be constructed of steel and riveted to a steel center hub. Condenser fan motors shall be heavy-duty, inherently protected, three-phase, non-reversing type with permanently lubricated ball bearing and integral rain shield. C. Each circuit shall have fan cycling of at least one condenser fan to maintain positive head pressure. An ambient thermostat shall prevent the refrigeration system from operating below 0º F. D. Condenser coils shall be recessed and protected from hail damage as an integral part of the unit design. Hail guards shall be provided on all units with vertical mounted condenser coils. E. Each unit shall have multiple, heavy-duty scroll compressors. Each compressor shall be complete with gauge ports, crankcase heater, sight-glass, anti-slug protection, motor overload protection and a time delay to prevent short cycling and simultaneous starting of compressors following a power failure. Compressors shall be isolated with resilient rubber isolators to decrease noise transmission F. Each unit shall have two independent refrigeration circuits for redundancy. Each circuit shall be complete with a low pressure control, filter-drier, liquid moisture indicator/sight-glass, thermal expansion valve, and a manual reset high pressure safety switch. The thermal expansion valve shall be capable of modulation from 100% to 25% of its rated capacity. Sight-glasses shall be accessible for viewing without disrupting unit operation. Each circuit shall be dehydrated and factory charged with Refrigerant 410A and oil. Page 433 of 651 111 G. Option for sizes 20-50 - Each unit shall have at least 4 compressor stages of cooling capacity control for better part load control as required by ASHRAE 90.1-2013. 2.10 Roof Curb A. A prefabricated 14-gauge galvanized steel, mounting curb shall be provided for field assembly on the roof decking prior to unit shipment. The roof curb shall be a full perimeter type with complete perimeter support of the air handling section and condensing section. The curb shall be a minimum of 14" high and include a nominal 2" x 4" wood nailing strip. Gasket shall be provided for field mounting between the unit base and roof curb. 2.11 Controls A. Provide a complete integrated microprocessor based Direct Digital Control (DDC) system to control all unit functions including temperature control, scheduling, monitoring, unit safety protection, including compressor minimum run and minimum off times, and diagnostics. This system shall consist of all required temperature sensors, pressure sensors, controller and keypad/display operator interface. All MCBs and sensors shall be factory mounted, wired and tested. B. The stand-alone DDC controllers shall not be dependent on communications with any on-site or remote PC or master control panel for proper unit operation. The microprocessor shall maintain existing set points and operate stand alone if the unit loses either direct connect or network communications. The microprocessor memory shall be protected from voltage fluctuations as well as any extended power failures. All factory and user set schedules and control points shall be maintained in nonvolatile memory. No settings shall be lost, even during extended power shutdowns. C. The DDC control system shall permit starting and stopping of the unit locally or remotely. The control system shall be capable of providing a remote alarm indication. The unit control system shall provide for outside air damper actuation, emergency shutdown, remote heat enable/disable, remote cool enable/disable, heat indication, cool indication, and fan operation. D. All digital inputs and outputs shall be protected against damage from transients or incorrect voltages. All field wiring shall be terminated at a separate, clearly marked terminal strip. E. The DDC controller shall have a built-in time schedule. The schedule shall be programmable from the unit keypad interface. The schedule shall be maintained in nonvolatile memory to insure that it is not lost during a power failure. There shall be one start/stop per day and a separate holiday schedule. The controller shall accept up to sixteen holidays each with up to a 5-day duration. Each unit shall also have the ability to accept a time schedule via BAS network communications. F. The keypad interface shall allow convenient navigation and access to all control functions. The unit keypad/display character format shall be 4 lines x 20 characters. All control settings shall be password protected against unauthorized changes. For ease of service, the display format shall be English language readout. Coded formats with look-up tables will not be accepted. The user interaction with the display shall provide the following information as a minimum: 1. Return air temperature 2. Discharge air temperature 3. Outdoor air temperature 4. Space air temp 5. Dirty filter indication 6. Airflow verification 7. Cooling status 8. Control temperature (Changeover) 9. VAV box output status 10. Cooling status/capacity 11. Unit status 12. All time schedules 13. Active alarms w/time and date 14. Previous alarms with time and date 15. Optimal start 16. System operating hours a. Fan b. Exhaust fan c. Cooling d. Individual compressor e. Heating f. Economizer Page 434 of 651 112 g. Tenant override G. The user interaction with the keypad shall provide the following setpoints as a minimum: 1. Controls mode a. Off manual b. Auto c. Heat/cool d. Cool only e. Heat only f. Fan only 2. Occupancy mode a. Auto b. Occupied c. Unoccupied d. Tenant override 3. Unit operation changeover control a. Return air temperature b. Space temperature c. Network signal 4. Cooling and heating change-over temperature with deadband 5. Cooling discharge air temperature (DAT) 6. Supply reset options a. Return air temperature b. Outdoor air temperature c. Space temperature d. Airflow (VAV) e. Network signal f. External (0-10 vdc) g. External (0-20mA) 7. Temperature alarm limits a. High supply air temperature b. Low supply air temperature c. High return air temperature 8. Lockout control for compressors 9. Compressor interstage timers 10. Night setback and setup space temperature 11. Building static pressure 12. Economizer changeover a. Enthalpy b. Drybulb temperature 13. Current time and date 14. Tenant override time 15. Occupied/unoccupied time schedule 16. One event schedule 17. Holiday dates and duration 18. Service mode a. Timers normal (all time delays normal) b. Timers fast (all time delays 20 sec) H. If the unit is to be programmed with a night setback or setup function, an optional space sensor shall be provided. Space sensors shall be available to support field selectable features. Sensor options shall include: 1. Zone sensor with tenant override switch 2. Zone sensor with tenant override switch plus heating and cooling set point adjustment. (Space Comfort Control systems only) I. To increase the efficiency of the cooling system the DDC controller shall include a discharge air temperature reset program for part load operating conditions. The discharge air temperature shall be controlled between a minimum and a maximum discharge air temperature (DAT) based on one of the following inputs: 1. Airflow Page 435 of 651 113 2. Outside air temperature 3. Space Temperature 4. Return air temperature 5. External signal of 1-5 VDC 6. External signal of 0-20 mA 7. Network signal PART 3: PERFORMANCE Unit Electrical Voltage 460/60/3 MCA (A)65.8 MROPD (A)80 Efficiency EER / SEER 10.3 Supply Fan Airflow (CFM)12000 ESP (inH2O)0.5 TSP (inH2O)1.3 Altitude 0 Motor Size (HP)7.5 HP Filters Face Area (ft²)32 Efficiency 30% MERV 8 Cooling EAT EDB (°F)80 EWB (°F)67 LAT LDB (°F)58.6 LWB (°F)57.7 Total Capacity (Btu/hr)355349 Sensible Capacity (Btu/hr) 281395 Ambient DB (°F)95 Page 436 of 651 114 Compressor Stages 5 steps Qty 3 Compressor Power (kW)26.4 Refrigerant R410A END OF SECTION Page 437 of 651 115 Pricing Scenario # 3 Provide Indoor Air Handling Unit Location of Project: Buffalo, NY, metro area PART 1: GENERAL 1.01 Section Includes A. Indoor Air Handling Unit 1.02 References A. AHRI 410 - Forced-Circulation Air-Cooling and Air-Heating Coils. B. AHRI 430 - Central-Station Air-Handling Units. C. NFPA 70 - National Electrical Code. D. SMACNA - HVAC Duct Construction Standards - Metal and Flexible. E. UL 1995 - Standard for Heating and Cooling Equipment. 1.03 Operation and Maintenance Data A. Installation Data: Provide installation instructions and operating manual B. Maintenance Data: Provide instructions for maintenance and service 1.04 Qualifications A. Manufacturer: Company specializing in manufacturing Air Handler products specified in this section must show a minimum five years documented experience and complete catalog data on total product. 1.05 Safety Agency Listed & Certification A. Air handling units shall be cETLus safety listed to conform with UL Standard 1995 and CAN/CSA Standard C22.2 No. 236. Units shall be accepted for use in New York City by the Department of Building, MEA 342-99-E. B. Air handler furnished with double width, double inlet (DWDI) fans and/or plenum fans where applicable, shall be certified in accordance with the central station air handling unit certification program, which is based on AHRI Standard 430. (NOTE: Above does not apply to fan array) C. Air handling unit water heating & cooling coils shall be certified in accordance with the forced circulation air cooling and air heating coils certification program, which is based on AHRI Standard 410. PART 2: PRODUCTS 2.01 General Description A. Performance: Conform to AHRI 430. See schedules on prints. (NOTE: above does not apply to fan array) B. Acoustics: Sound power levels (dB) for the unit shall not exceed the specified levels shown on the unit schedule. The manufacturer shall provide the necessary sound treatment to meet these levels if required. 2.02 Unit Construction A. Fabricate unit with heavy gauge channel posts and panels secured with mechanical fasteners. All panels, access doors, and ship sections shall be sealed with permanently applied bulb-type gasket. AHUs with gasketing shipped loose shall be inspected by a factory representative at assembly to ensure proper assembly. Panels shall be individually removable without removing adjacent panels for ease of service. B. Panels and access doors shall be double wall 2-inch nominal thick injected with foam insulation with a total R-value of at least R-13. The inner and outer liner shall be constructed of galvanized steel. C. Outdoor units shall have painted exterior of galvanized steel with a 1000 hour salt spray rating. Units shall also include hoods over all air inlets and outlets to the AHU. A pitched roof with standing seams shall be provided. D. Deflection of any panel shall not exceed L/240 at design static pressure at the panel midpoint. E. As selected fan curves shall be used to calculate the static pressures for all operating points in the AHU to determine the maximum possible +/- pressures in all sections. Maximum +/- static pressures shall be used to ensure that proper cabinet construction is provided, and that the fan will not over pressurize the cabinet at worst case design conditions. F. The cabinet construction shall be capable of providing leakage rates of less than 0.5 CFM/ft2 up to +5” static pressure, and ASHRAE standard 111 Class 6 (0.20 CFM/ ft2) down to -6” static pressure. For AHUs with sections that exceed Page 438 of 651 116 these static pressures, high pressure construction shall provide leak rates not exceeding ASHRAE standard 111 class 6 (0.23 CFM/ ft2) at +/- 8” static pressure G. Module to module field assembly shall be accomplished with an overlapping, full perimeter internal splice joint that is sealed with bulb type gasketing on both mating modules to minimize on-site labor and meet indoor air quality standards. Air handlers with field applied gasketing shall be field pressure tested to ensure proper gasket installation. H. Access doors shall be flush mounted to cabinetry, with minimum of two stainless steel piano-type hinges, latch and full size handle assembly. Access doors shall swing outward for unit sections under negative pressure. Access doors on positive pressure sections, shall have a secondary latch to relieve pressure and prevent injury upon access. I. A formed galvanized steel base rail shall be provided by the unit manufacturer for structural rigidity and condensate trapping.. J. Construct drain pans from stainless steel with cross break and double sloping pitch to drain connection. Provide drain pans under cooling coil and humidifier sections. Drain connection centerline shall be a minimum of 3’’ above the base rail to aid in proper condensate trapping. Drain connections that protrude through the base rail shall add extra rail height to provide proper for trapping without core drilling the floor. K. There must be a full nominal 2’’ panel of insulation under drain pan to prevent sweating. Units that do not have this shall have insulation added to a minimum 2” thickness. Units will not sweat when exposed to interior air temperatures down to 50°F, and exterior room conditions up to 70% relative humidity. L. Drain pan to be able to support the weight of service people up to 300 lb that will need to be in the section for maintenance. If drain pan will not meet these requirements, properly sized service grating shall be provided over the drain top of the drain pan and tack welded the AHU structure down to provide service support. 2.03 Fan Assemblies A. Maximum fan RPM shall be below first critical fan speed. Fan assemblies shall be dynamically balanced by the manufacturer on all three planes. A copy of the balance report shall be available on request. Provide access to motor and fan assembly through hinged access door. B. Fan and motor shall be mounted internally on a steel base. Motor shall be factory mounted. Provide access to motor, drive, and bearings through hinged access door. Fan and motor assembly shall be mounted on 2" deflection spring vibration type isolators inside cabinetry. 2.04 Bearings, Shafts, and Drives A. Shafts shall be solid, hot rolled steel, ground and polished, keyed to shaft, and protectively coated with lubricating oil. Hollow shafts are not acceptable. B. The fan wheel shall be direct coupled to the motor shaft or belt drive and listed on the schedule. The wheel width shall be determined by motor speed and fan performance characteristics. 2.05 Electrical A. Fan motors Open Drip Proof, premium efficiency (meets or exceeds EPAct requirements), RPM and voltage as listed on the schedule. B. Air handler(s) shall be ETL and ETL-Canada listed by Intertek Testing Services, Inc. Units shall conform to bi-national standard ANSI/UL Standard 1995/CSA Standard C22.2 No. 236. C. Air handler manufacturer shall provide, mount and wire variable speed drive with electrical characteristics as shown on manufacturer's data sheets. 2.06 Cooling and Heating Coils A. Acceptable water cooling, water heating, steam, and refrigerant coils shall be certified in accordance with AHRI Standard 410 and bear the AHRI label. Coils exceeding the scope of the manufacturer’s certification and/or the range of AHRI’s standard rating conditions will be considered provided the manufacturer is a current member of the AHRI Forced Circulation Air-Cooling and Air-Heating Coils certification programs and that the coils have been rated in accordance with AHRI Standard 410. B. Provide access to coil(s) for service and cleaning. Unit shall be provided with coil connections that extend a minimum of 5” beyond unit casing for ease of installation. Drain and vent connections shall be provided exterior to unit casing. Coils shall be removable through side and/or top panels of unit without the need to remove and disassemble the entire section from the unit. C. Water heating and cooling coil shall be provided as shown on schedule. Coil fins shall have a minimum thickness of 0.0075 inch aluminum. Tubes shall be mechanically expanded into the fins to provide a continuous compression bond over the finned length for maximum heat transfer. Page 439 of 651 117 1. Coil tubes shall be 5/8 inch OD seamless copper. Tubes to have minimum 0.020 inch nominal wall thickness. 2. Coil connections shall be carbon steel, NPT threaded connection. Vent and drain fittings shall be furnished on the connections, exterior to the air handler. 3. Coil casing shall be a formed channel frame of galvanized steel. 2.07 Filters A. Furnish filter section with 2-inch pleated MERV 8 filter. B. Provide side loading and removal of filters. C. Filter Minihelic gauge(s) shall be factory installed. One gauge shall be supplied per filter bank. 2.08 Additional Sections A. Access doors shall be provided for access between components. Minimum access door size shall be 20” unless noted on schedules. B. Plenum section shall be provided and properly sized for inlet and/or discharge air flow (between 600 and 1500 feet per minute). The plenum shall provide single or multiple openings as shown on drawings and project schedule. C. Mixing box section shall be provided with outside air and return air openings with or parallel blade low leak airfoil damper blades. Dampers shall be galvanized steel airfoil blades, fully gasketed and have continuous vinyl seals between damper blades in a galvanized steel frame. Dampers shall have stainless steel jamb seals. D. Damper Leakage: Leakage rate shall be less than two tenths of one percent leakage at 2 inches static pressure differential. Leakage rate tested in accordance with AMCA Standard 500. E. Energy recovery wheel shall be constructed of corrugated synthetic fibrous media, with a desiccant intimately bound and uniformly and permanently dispersed throughout the matrix structure of the media. Wheel Seals: The wheel seals shall be full contact nylon brush seals or equivalent. Bypass and recirculation dampers shall be furnished as shown on unit schedule and drawings. Certification: The wheel shall be AHRI certified by the wheel supplier to AHRI Standard 1060 and must bear the AHRI certification stamp. PART 3: PERFORMANCE Supply Fan Fan Type Direct Drive Plenum Qty 1 Class 2 Airflow (CFM) 18000 RPM 1951 BHP 19.47 E.S.P. (inH2O) 2 T.S.P. (inH2O) 3.7 Motor Voltage 460/60/3 Power (HP) 20 RPM 1750 Control None Combination Coil Cooling Sensible Capacity (Btu/hr) 510183 Type Standard Total Capacity (Btu/hr) 740543 EAT-DB °F 80 EAT-WB °F 67 Page 440 of 651 118 LAT-DB °F 54.1 LAT-WB °F 53.6 F.V. (ft/min) 466 A.P.D. (inH2O) 1.26 Suct. Temp. °F N/A EWT °F 45 LWT °F 55.3 Flow Rate (GPM) 144.1 W.P.D. (ftH2O) 16 Rows 6 FPI 8 Heating Total Capacity (Btu/hr) 1015708 Type 1 & 2 rows EAT-DB °F 40 LAT-DB °F 91.6 F.V. (ft/min) 480 EWT °F 160 LWT °F 139.4 Flow Rate (GPM) 98.4 W.P.D. (ftH2O) 7.3 Steam PD (psi) N/A Rows 2 FPI 12 Mixing Box Filter Flat panel Type Pleated (MERV 8) Clean PD (inH2O) 0.29 Dirty PD (inH2O) 1 Mean PD (inH2O) 0.64 END OF SECTION Page 441 of 651 119 Pricing Scenario # 4 Provide Air Cooled Scroll Chiller, Installation and Maintenance for two (2) years Location of Project: Jacksonville, FL, metro area Description PART 1: 1. GENERAL 1.01 Summary A. Section includes design, performance criteria, refrigerants and controls requirements for air-cooled scroll compressor chillers. 1.02 References A. Comply with applicable Standards/Codes of AHRI 550/590, ANSI/ASHRAE 15, ETL, cETL, NEC, and OSHA as adopted by the State. B. Units shall meet the efficiency standards of ASHRAE Standard 90.1, 2013 and FEMP standard 2012. 1.03 Operation and Maintenance Data A. Installation: Install product according to manufacturer’s installation instructions over weekend B. Maintenance: Maintain and service product according to manufacturer’s recommendations for a period of two (2) years 1.04 Submittals A. Submittals shall include the following: 1. Certification of factory-run test of packaged chiller unit signed by company officer. 2. Installation and operating manuals. 1.05 Quality Assurance A. Qualifications: Equipment manufacturer must specialize in the manufacture of the products specified and have five years experience with the type of equipment and refrigerant offered. B. Regulatory Requirements: Comply with the codes and standards specified. C. Chiller manufacturer plant must be ISO Registered. 1.06 Delivery and Handling A. Chiller shall be delivered to the job site completely assembled and charged with refrigerant and oil by the manufacturer. B. Comply with the manufacturer's instructions for rigging and handling equipment. 1.07 Warranty A. Standard Warranty (Domestic): The refrigeration equipment manufacturer's standard guarantee shall be for a period of one year from date of equipment start-up but not more than 18 months from shipment. The guarantee shall provide for repair or replacement due to failure by material and workmanship that prove defective within the above period, excluding refrigerant. B. 1st Year Labor Warranty: None included PART 2: PRODUCTS 2.01 Unit Description A. Provide a factory-assembled, factory-charged air-cooled scroll compressor packaged chillers in the quantity specified. Each chiller shall consist of hermetic tandem or trio scroll compressor sets (total four compressors), brazed plate evaporator, air-cooled condenser section, microprocessor-based control system and all components necessary for controlled unit operation. B. Each chiller shall be factory functionally-tested to verify operation. Operating controls and refrigerant charge shall be checked for proper operation and optimum performance. 2.02 Design Requirements Page 442 of 651 120 A. Flow Range: The chiller shall have the ability to support variable flow range down to 40% of nominal design (based on AHRI conditions). B. Operating Range: The chiller shall have the ability to control leaving chilled fluid temperature from 15F to 65F C. General: Provide a complete scroll compressor packaged chiller as specified herein and as shown on the drawings. The unit shall be in accordance with the standards referenced in section 1.02 and any local codes in effect. D. Performance: Refer to the schedule of performance on the drawings. The chiller shall be capable of stable operation to a minimum percentage of full load (without hot gas bypass) of 25%. Performance shall be in accordance with AHRI Standard 550/590. E. Acoustics: Sound pressure levels for the unit shall not exceed the following specified levels. All manufacturers shall provide the necessary sound treatment ( parts and labor) to meet these levels if required. Sound data shall be provided with the quotation. Data shall be in accordance with AHRI Standard 370. 2.03 Chiller Components A. Compressor 1. The compressors shall be sealed hermetic, scroll type with crankcase oil heater and suction strainer. The compressor motor shall be refrigerant gas cooled, high torque, hermetic induction type, two-pole, with inherent thermal protection on all three phases and shall be mounted on RIS vibration isolator pads. The compressors shall be equipped with an internal module providing compressor protection and communication capability. B. Evaporator 1. The evaporator shall be a compact, high efficiency, dual circuit, brazed plate-to-plate type heat exchanger consisting of parallel stainless steel plates 2. The evaporator shall be protected with an electric resistance heater (heat trace tape) and insulated with 3/4" (19mm) thick closed-cell polyurethane insulation. This combination shall provide freeze protection down to -20°F (-29°C) ambient air temperature. 3. The water-side working pressure shall be a minimum of 653 psig (4502 kPa). Vent and drain connections shall be provided in the inlet and outlet chilled water piping by the installing contractor. Evaporators shall be designed and constructed according to, and listed by, Underwriters Laboratories (UL). C. Condenser 1. Condenser fans shall be propeller type arranged for vertical air discharge and individually driven by direct-drive fan motors. The fans shall be equipped with a heavy-gauge vinyl-coated fan guard. Fan motors shall be TEAO type with permanently lubricated ball bearings, inherent overload protection, three-phase, direct-drive, 1140 rpm. Each fan section shall be partitioned to avoid cross circulation. 2. Coil shall be all aluminum alloy microchannel design and shall have a series of flat tubes containing multiple, parallel flow microchannels layered between the refrigerant manifolds. Coils shall consist of a two-pass arrangement. Each condenser coil shall be factory leak tested with high-pressure air under water. Coils shall withstand 1000+ hour acidified synthetic sea water fog (SWAAT) test (ASTM G85-02) at 120°F (49°C) with 0% fin loss and develop no leaks. D. Refrigerant Circuit 1. Each of the two refrigerant circuits shall include a refrigerant filter-drier, sight glass with moisture indicator, liquid line solenoid valve (no exceptions), expansion valve, and insulated suction line. E. Construction 1. Unit casing and all structural members and rails shall be fabricated of pre-painted or galvanized steel to meet ASTM B117, 500-hour salt spray test. 2. Upper condenser coil section of unit shall have protective, 12 GA, PVC-coated, wire grille guards. Page 443 of 651 121 F. Control System 1. A centrally located weatherproof control panel shall contain the field power connection points, control interlock terminals, and control system. Power and starting components shall include factory circuit breaker for fan motors and control circuit, individual contactors for each fan motor, solid-state compressor three-phase motor overload protection, and inherent fan motor overload protection. Hinged access doors shall be lockable. Barrier panels or separate enclosures are required to protect against accidental contact with line voltage when accessing the control system. 2. Shall include optional single-point connection to a non-fused disconnect switch with through-the-door handle and compressor circuit breakers. G. Unit Controller 1. An advanced DDC microprocessor unit controller with a 5-line by 22-character liquid crystal display provides the operating and protection functions. The controller shall take preemptive limiting action in case of high discharge pressure or low evaporator pressure. The controller shall contain the following features as a minimum: 2. The unit shall be protected in two ways: (1) by alarms that shut the unit down and require manual reset to restore unit operation and (2) by limit alarms that reduce unit operation in response to some out-of-limit condition. Shut down alarms shall activate an alarm signal. 3. Shutdown Alarms a. No evaporator water flow (auto-restart) b. Sensor failures c. Low evaporator pressure d. Evaporator freeze protection e. High condenser pressure f. Outside ambient temperature (auto-restart) g. Motor protection system 4. Limit Alarms a. Condenser pressure stage down, unloads unit at high discharge pressures. b. Low ambient lockout, shuts off unit at low ambient temperatures. c. Low evaporator pressure hold, holds stage #1 until pressure rises. d. Low evaporator pressure unload, shuts off one compressor. 5. Unit Enable Section a. Enables unit operation from either local keypad, digital input, or BAS 6. Unit Mode Selection a. Selects standard cooling, ice, glycol, or test operation mode 7. Analog Inputs: a. Reset of leaving water temperature, 4-20 mA\ b. Current Limit 8. Digital Inputs a. Unit off switch b. Remote start/stop c. Flow switch d. Ice mode switch, converts operation and setpoints for ice production e. Motor protection 9. Digital Outputs a. Shutdown alarm; field wired, activates on an alarm condition, off when alarm is cleared b. Evaporator pump; field wired, starts pump when unit is set to start 10. Condenser fan control - The unit controller shall provide control of condenser fans based on compressor discharge pressure. 11. Building Automation System (BAS) Interface a. Factory mounted DDC controller(s) shall support operation on a BACnet®, Modbus® or LONMARK ® network via one of the data link / physical layers listed below as specified by the successful Building Automation System (BAS) supplier. b. BACnet MS/TP master (Clause 9) c. The information communicated between the BAS and the factory mounted unit controllers shall include the reading and writing of data to allow unit monitoring, control and alarm notification as specified in the unit sequence of operation and the unit points list. Page 444 of 651 122 d. All communication from the chiller unit controller as specified in the points list shall be via standard BACnet objects. Proprietary BACnet objects shall not be allowed. BACnet communications shall conform to the BACnet protocol (ANSI/ASHRAE135-2001). A BACnet Protocol Implementation Conformance Statement (PICS) shall be provided along with the unit submittal. PART 3: PERFORMANCE Cooling Capacity ………… 65.1 tons Max full load kWT/input …… 1.2 Evaporator LWT……………………44 DEG F EWT……………54 DEG F Max WPD……….…….17.4 Ft FF…………….…..0.0001 Condenser Ambient Temp…………….…….95 DEG F Elevation…………...Sea Level Electrical………………….460/3/60 V/Ph/Hz END OF SECTION Page 445 of 651 123 Pricing Scenario # 5 Provide Centrifugal Water Chillers, installation and maintenance for two (2) years Location: Dallas, TX, metro area PART 1: GENERAL 1.01 Summary A. Section includes design, performance criteria, refrigerants and controls for water-cooled magnetic bearing two stage centrifugal chillers. a. AHRI 550/590 b. AHRI 575 c. NEC d. ANSI/ASHRAE 15 e. OSHA as adopted by the State f. ETL g. ASME Section VIII 1.02 References A. Comply with the following codes and standards: 1.03 Operation and Maintenance Data A. Installation: Install product according to manufacturer’s installation instructions over weekend B. Maintenance: Maintain and service product according to manufacturer’s recommendations for a period of two (2) years 1.04 Submittals A. Submittals shall include the following: 1. Manufacturer’s certified performance data at full load plus IPLV or NPLV. 2. Installation and Operating Manuals. 1.05 Quality Assurance A. Regulatory Requirements: Comply with the codes and standards in Section 1.02. B. Chiller manufacturer must be ISO Certified. C. The chiller shall be tested to job conditions at the manufacturer's plant. 1.06 Delivery and Handling A. Chillers shall be delivered to the job site completely assembled and charged with refrigerant R134a and be shipped on skids with a weather resistant cover. B. Comply with the manufacturer's instructions for rigging and transporting units. Leave protective covers in place until installation. 1.07 Warranty A. The chiller manufacturer's standard warranty shall cover parts and labor costs for the repair or replacement of defects in material or workmanship, and include refrigerant for the entire unit, for a period of one year from equipment startup or 18 months from shipment, whichever occurs first, and also include an additional extended warranty for four years on the entire unit including refrigerant coverage. Warranty support shall be provided by company direct or factory authorized service permanently located near the job site. Page 446 of 651 124 PART 2: PRODUCTS 2.01 Unit Description A. Provide and install as shown on the plans a factory assembled, charged, and tested water-cooled packaged centrifugal chiller. Chillers shall have no more than two oil-free, magnetic bearing, semi-hermetic centrifugal compressors (no exceptions). Each compressor shall have an integrated variable-frequency drive operating in concert with inlet guide vanes for optimized full and part load efficiency. On two-compressor units, the evaporator and condenser refrigerant sides and the expansion valve shall be common and the chiller shall be capable of running on one compressor with the other compressor or any of its auxiliaries inoperable or removed. B. To ensure quick and trouble free start up and commissioning, each chiller shall pass a full battery of factory tests. These tests will include the verification of operating and compressor controls to ensure full unit functionality and manufacturing integrity. Any deviation from stringent factory quality standards shall be remedied prior to shipment. 2.02 Design Requirements A. General: Provide a complete water-cooled, semi-hermetic oil-free centrifugal compressor water chiller as specified herein. The unit shall be provided according to standards indicated in Section 1.02. In general, unit shall consist of one or two magnetic bearing, completely oil-free centrifugal compressors, refrigerant, condenser and evaporator, and control systems including integrated variable frequency drive, operating controls and equipment protection controls. Chillers shall be charged with refrigerant HFC-134a. If manufacturer offers a chiller using any HCFC refrigerant that is subject to phase out by the Montreal Protocol or the U.S. Clean Air Act, manufacturer shall provide, in writing, documentation signed by an officer of the company assuring refrigerant availability and price schedule for a 20-year period. B. The entire chiller system, including all pressure vessels, shall remain above atmospheric pressure during all operating conditions and during shut down to ensure that non-condensables and moisture do not contaminate the refrigerant and chiller system. If any portion of the chiller system is below atmospheric pressure during either operation or shut down, the manufacturer shall include, at no charge: 1. Purge System a. A complete purge system capable of removing non-condensables and moisture during operation and shut- down. The system shall consist of an air cooled condensing unit, purge condensing tank, pumpout compressor, and control system. b. A dedicated condensing unit shall be provided with the purge system to provide a cooling source whether or not the chiller is running. The condensing unit shall provide a low purge coil temperature to result in a maximum loss of 0.1 pounds of refrigerant per pound of purged air. c. The purge system shall be connected to a 100% reclaim device. d. A 20-year purge maintenance agreement that provides parts, labor, and all preventative maintenance required by the manufacturer’s operating and maintenance instructions. 2. Annual Oil/Refrigerant Analysis a. The manufacturer shall also include at no charge for a period of 20 years an annual oil and refrigerant analysis report to identify chiller contamination due to vacuum leaks. b. If the analysis identifies water, acid, or other contaminant levels higher than specified by the manufacturer, the oil and/or refrigerant must be replaced or returned to the manufacturer’s original specification at no cost to the owner. 3. Shell Pressurization System a. The manufacturer shall include a factory-installed and wired system that will enable service personnel to readily elevate the vessel pressure during shutdown to facilitate leak testing. b. A shell pressurization system shall be provided to keep air out of the chiller when the unit is not in service. An electric blanket or hot water circulation system are both acceptable. C. Performance: Refer to chiller performance rating. D. Acoustics: Sound pressure for the unit shall not exceed the following specified levels. Provide the necessary acoustic treatment to chiller as required. Sound data shall be measured in dB according to AHRI Standard 575 and shall include overall dBA. Page 447 of 651 125 2.03 Chiller Components A. Compressors: 1. The unit shall utilize magnetic bearing, oil-free, semi-hermetic centrifugal compressors. The levitated shaft position shall be digitally controlled and shall be monitored by X-axis position sensor, Y-axis position sensor, and Z-axis position sensor. The compressor drive train shall be capable of coming to a controlled, safe stop in the event of a power failure by diverting stored power to the magnetic bearing controls system. 2. The motor shall be of the semi-hermetic type, of sufficient size to efficiently fulfill compressor horsepower requirements. It shall be liquid refrigerant cooled with internal thermal sensing devices in the stator windings. The motor shall be compatible with variable frequency drive operation. 3. If unit contains an atmospheric shaft seal, the manufacturer shall provide the following at no additional charge: a. 20 year warranty and all preventive maintenance required to maintain the shaft seal including appropriate disposal of all oil lost through the shaft seal. Such disposal shall be done in a manner consistent with all Federal, state, and local laws pertaining to disposal and documentation of appropriate disposal shall be provided. b. Replacement and re-charging on a semi-annual basis, or more often if required, of all oil lost through the shaft seal. c. 20 year refrigerant replacement warranty for any loss of refrigerant that can be directly attributable to the failure of the atmospheric shaft seal. 4. If the compressor drive motor is an open design the chiller manufacturer shall provide at no additional charge a self contained air conditioning system in the mechanical space sized to handle the maximum heat output the open drive motor. The energy required to operate this air conditioning system shall be added to the chiller power at all rating points for energy evaluation purposes. 5. If the compressor drive motor uses any form of antifriction bearings (roller, ball, etc) the chiller manufacturer shall provide the following at no additional charge: a. A 20 year motor bearing warranty and all preventative maintenance, including lubrication, required to maintain the bearings as specified in the manufacturer’s operating and maintenance instructions b. At start up a three axis vibration analysis and written report which establishes a baseline of motor bearing condition. c. An annual three axis vibration analysis and written report to indicate the trend of bearing wear. 6. The chiller shall be equipped with an integrated Variable Frequency Drive (VFD) to automatically regulate compressor speed in response to cooling load and the compressor pressure lift requirement. Movable inlet guide vanes and variable compressor speed acting together, shall provide unloading. The chiller controls shall coordinate compressor speed and guide vane position to optimize chiller efficiency. 7. Each compressor circuit shall be equipped with a 5% rated line reactor to help protect against incoming power surges and help reduce harmonic distortion. 8. The unit shall have a minimum of a 0.90 power factor at compressor full load. B. Evaporator and Condenser: 1. The evaporator and condenser shall be separate vessels of the shell-and-tube type, designed, constructed, tested and stamped according to the requirements of the ASME Code, Section VIII. Regardless of the operating pressure, the refrigerant side of each vessel will bear the ASME stamp indicating compliance with the code and indicating a test pressure of 1.1 times the working pressure, but not less than 100 psig. The tubes shall be individually replaceable and secured to the intermediate supports without rolling or expanding to facilitate replacement if required. 2. The evaporator shall be flooded type with 0.025 in. wall copper internally and externally enhanced tubes rolled into carbon steel tubesheets. The water side shall be designed for a minimum of 150 psig. The refrigerant side shall be designed for a minimum of 200 psi. Provide intermediate tube supports at a maximum of 18 inch spacing. The heads shall be carbon steel and the tubesheets shall be carbon steel. Water connections shall be grooved suitable for Page 448 of 651 126 Victaulic couplings. The evaporator shall have dished heads with valved drain and vent connections. The evaporator shall have left-hand connections when looking at the unit control panel. 3. The condenser shall have 0.025 in. wall copper internally and externally enhanced tubes rolled into carbon steel. Water connections shall be grooved suitable for Victaulic couplings. The water side shall be designed for a minimum of 150 psig and the refrigerant side shall be designed for a minimum of 200 psi. Provide intermediate tube supports at a maximum of 18 inch spacing. The condenser shall have dished heads with valved drain and vent connections. The heads shall be carbon steel and the tubesheets shall be carbon steel. The condenser shall have left-hand connections when looking at the unit control panel. 4. If a negative pressure refrigerant is utilized, a separate ASME Code storage vessel shall be provided during servicing to hold the full unit refrigerant charge of the largest unit being furnished. 5. An electronic expansion valve shall control refrigerant flow to the evaporator. Fixed orifice devices or float controls with hot gas bypass are not acceptable because of inefficient control at low load conditions. The liquid line shall have moisture indicating sight glass. 6. Re-seating type spring loaded pressure relief valves according to ASHRAE-15 safety code shall be furnished. The evaporator shall be provided with single or multiple valves. The condenser shall be provided with dual relief valves equipped with a transfer valve so one relief valve can be removed for testing or replacement without loss of refrigerant or removal of refrigerant from the condenser. Rupture disks are not acceptable. If rupture disks are required on negative pressure units to prevent air and moisture ingress, then factory mounted spring loaded pressure relief valves shall be provided in series with the rupture disks to contain the remaining refrigerant in the event of vessel over-pressurization. The space between the rupture disk and the relief valve shall include a suitable telltale indicator integrated into the chiller control system to alert the operator that a potential safety issue exists in the pressure relief system. 7. The evaporator vessel, including water heads, suction line, and any other component or part of a component subject to condensing moisture shall be insulated with UL recognized 3/4 inch closed cell insulation. All joints and seams shall be carefully sealed to form a vapor barrier. 8. Provide factory-mounted and wired, thermal-dispersion water flow switches on each vessel to prevent unit operation with no or low water flow. Paddle and pressure differential type switches are not acceptable due to high rates of failure and false indications from these types of flow indicators. C. Long Term Reliability: 1. All compressor/motor designs that require oil to lubricate their respective roller/ball bearing system must denote exactly how many gallons of oil are required for safe operation. The manufacturer must then provide the engineer and owner with a real world energy analysis showing the energy degradation over time due to oil contamination of heat transfer surfaces. This average efficiency degradation over the life of the chiller shall be no less than 10%. 2. Chillers containing oil shall include a 10 year parts and labor warranty on all oil system components including: a. Pumps b. Starter c. Piping d. Tank e. Heater f. Cooler g. Controls h. Valves 3. Manufacturer shall be responsible for covering all costs associated with annual oil and oil filter changes plus oil analysis as required D. Vibration Isolation 1. Provide neoprene waffle-type vibration isolators for each corner of the unit. E. Power Connections 1. Power connection shall be single point to a factory-mounted disconnect switch. F. Chiller Control 1. The unit shall have a microprocessor-based control system consisting of a 15-inch VGA touch-screen operator interface and a unit controller. 2. The touch-screen shall display the unit operating parameters, accept setpoint changes (multi-level password protected) and be capable of resetting faults and alarms. The following parameters shall be displayed on the home screen and also as trend curves on the trend screen: a. Entering and leaving chilled water temperatures b. Entering and leaving condenser water temperatures Page 449 of 651 127 c. Evaporator saturated refrigerant pressure d. Condenser saturated refrigerant pressure e. Percent of 100% speed (per compressor) f. % of rated load amps for entire unit 3. In addition to the trended items above, all other important real-time operating parameters shall also be shown on the touch-screen. These items shall be displayed on a chiller graphic showing each component. At a minimum, the following critical areas must be monitored: a. Compressor actual speed, maximum speed, percent speed b. Liquid line temperature c. Chilled water setpoint d. Compressor and unit state and input and output digital and analog values 4. A fault history shall be displayed using an easy to decipher, color coded set of messages that are date and time stamped. Time interval scale shall be user selectable as 20 mins, 2 hours, or 8 hours. The alarm history shall be downloadable from the unit's USB port. An operating and maintenance manual specific for the unit shall be viewable on the screen. 5. All setpoints shall be viewable and changeable (multi-level password protected) on the touch screen and include setpoint description and range of set values. 6. Automatic corrective action to reduce unnecessary cycling shall be accomplished through preemptive control of low evaporator or high discharge pressure conditions to keep the unit operating through abnormal transient conditions. 7. Chiller plant optimization software for multiple chillers shall be provided including automatic control of: at least two (2) chillers, evaporator and condenser pumps (primary and standby), up to 3 stages of cooling tower fan cycling control and a tower modulating bypass valve or cooling tower fan variable frequency drives. 8. The factory supplied VFD and controls should include the following: a. High short circuit panel rating of 35kA with a matching circuit breaker b. Phase loss protection c. Under/over voltage protection 9. Energy saving software logic shall at a minimum offer the following a. User programmable compressor soft loading b. Chilled water reset c. Demand limit control d. Staging options lead lag between multiple compressors on a single chiller or on multiple chillers e. Plotting of historic trends for optimizing efficiency PART 3: PERFORMANCE Cooling Capacity…………………500 tons Max full load kW/ton……………0.53 Max IPLV kW/ton …………………………0.31 Evaporator: EnT/Lvg Temp………………….54/44 °F Flow Rate…………………………1200 GPM Max WPD………………………….20 ft. FF……………………0.00010 hr-sq ft-deg F/BTU Condenser Ent/LWT Temp………………………85/95 °F Flow Rate……………………………..1500 GPM Max WPD………………………………...20 Ft. FF… ……………..0.00025 hr-sq ft-deg F/BTU Electrical………………………….460/60/3 END OF SECTION Page 450 of 651 128 Pricing Scenario # 6 Provide Unit Ventilator and installation Location: Los Angeles, CA, metro area Description PART 1: GENERAL 1.01 References A. Comply with the following codes and standards: 1.02 Operation and Maintenance Data A. Installation: Install product according to manufacturer’s installation instructions during normal hours B. Maintenance: Provide instructions for maintenance and service 1.03 Submittals A. Submittals shall include the following: 1. Installation and Operating Manuals. 1.04 Quality Assurance A. Ventilator manufacturer must be ISO Certified. B. The ventilator shall be tested to job conditions at the manufacturer's plant. 1.05 Warranty A. The ventilator manufacturer's standard warranty shall cover parts and labor costs for the repair or replacement of defects in material or workmanship, and include refrigerant for the entire unit, for a period of one year from equipment startup or 18 months from shipment, whichever occurs first, and also include an additional extended warranty for four years on the entire unit including refrigerant coverage. Warranty support shall be provided by company direct or factory authorized service permanently located near the job site. 1.06 Maintenance A. Maintenance shall be the responsibility of the owner and performed in accordance with the manufacturer’s instructions. PART 2: PRODUCTS 1. Unit Construction All internal sheet metal parts must be made of galvanized steel to inhibit corrosion. The entire frame must be welded construction to provide strength and rigidity. Hidden reinforced top panel support shall be integral with the frame and support the fan assembly. Frames assembled with sheet metal fasteners shall not be acceptable. Unit shall be of a draw-thru design. Blow-thru design is not acceptable. Unit shall have a built-in metal wire raceway from one end compartment to the other. 2. Cabinets Exterior cabinet panels shall be constructed of heavy-gauge steel. All sheet metal panels must be cleaned and phosphatized, then painted electrostatically with an oven baked environmentally friendly thermosetting urethane powder finish. 3. Floor Units Floor mounted units shall have an integral pipe tunnel for convenient crossover of piping or electrical wiring in accordance with local and National Electric Codes (N.E.C.). The front surface shall consist of three separate, removable panels easily handled by one person. Control compartment must be accessible without removing the entire front panel. Unit top shall have two access doors (one at each end) for access to motor and bearings. Unit discharge grille shall be welded continuous bar type with round edged steel bars placed for a 10° vertical deflection. A 1/4" painted galvanized mesh shall be furnished and located beneath discharge grille. Unit top surface shall be supplied with a textured non-glare paint surface that resists scuffing and hides fingerprints. Units shall come with front adjustable leg levelers. End panels shall ship separately, individually wrapped in plastic and boxed to prevent damage during construction. Page 451 of 651 129 4. Room Air Fans and Motor The unit fan and motor assembly shall be of a modular construction so that it is removable from the top for service, maintenance and access to the coil section for cleaning. The motor and fan assembly shall be low speed design to assure maximum quietness and efficiency. Fans shall be double inlet, forward curved centrifugal type with offset aerodynamic blades. Assembly shall be statically and dynamically balanced. Fan housings shall be steel construction, incorporating logarithmic expansion for quieter operation. Fan shaft shall be 1-1/4" diameter hollow steel with 1-1/4" end bearing. Fan and motor assembly shall be direct drive type. Motor speed shall be controlled by factory mounted multi-tap transformer for High- Medium-Low-Off speeds. Fan/coil arrangement shall be draw-thru design for uniform coil face velocity and discharge air temperature. Motors shall be 115/60/1 NEMA permanent split capacitor (PSC), plug-in type designed specifically for unit ventilator operation. Motors shall be located out of the airstream and have an internal thermal overload device (auto reset). Fan motors and controls shall have each hot line protected by factory installed cartridge type fuse(s). Motors shall have sleeve type bearings and require oiling no more than once annually. Units shall have shaft bearing located out of the air stream. Bearings in the airstream are not acceptable. 5. Face and Bypass Damper Each unit shall be provided with a factory-installed face and bypass damper, constructed of aluminum. The long sealing surfaces of the damper shall seal positively against stops fitted with extruded EPDM rubber seals. Face and bypass damper stops not fitted with seals shall not be acceptable. The damper ends shall have blended mohair seals glued along the ends for a positive seal. Plastic clip-on brush end seals will not be acceptable. The unit design shall incorporate the face and bypass damper to prevent coil surface wiping and be before the fan in a draw through configuration. Face and bypass damper positioned in the direct discharge of the room fan is not acceptable. The face and bypass damper shall be arranged so a dead air space results between the coil and the damper in a full bypass condition to minimize heat pick up. 6. Outdoor and Room Air Dampers Each unit shall be provided with separate room air and outdoor air dampers. The room air damper shall be constructed of aluminum using metal-forming techniques to resist twisting and shall be counterbalanced against back pressure. Outdoor air damper shall be two-piece double-wall construction with 1/2" thick, 1.5 lbs. density fiberglass insulation encapsulated between welded 20 ga. galvanized steel blades for rigidity and to inhibit corrosion, and have additional insulation on the exterior surfaces of the damper blade and on the ends of the outdoor air chamber. Dampers shall be fitted with mohair seals along all the sealing edges. Dampers shall use turned-metal principle on long closing ends with no metal-to-metal contact. No plastic or rubber gaskets shall be acceptable. Damper bearings shall be made of nylon or other material which does not require lubrication. 7. Drain Pan All units shall have a drain pan constructed of corrosion-resistant composite material and shall be insulated. A drain outlet shall be provided on both ends of the pan. The drain hand of connection shall be easily field-reversed to the opposite end. The drain pan shall be able to be sloped in either direction for proper condensate removal. Drain shall be provided with an optional secondary, overflow drain connection on both ends of the pan. 8. Agency Listing Unit ventilators shall be listed by Underwriters Laboratories Inc. (U.L.) for the United States and Canada. Unit ventilation rate to be certified and tested per Air Conditioning, Heating and Refrigeration Institute (AHRI) standard 840. All units with chilled water coils shall be AHRI certified for performance. Motors shall conform to the latest applicable requirements of NEMA, IEEE, ANSI, and NEC standards. 9. Coils All hydronic coils shall be constructed with copper tubes and mechanically bonded aluminum corrugated plate fins. All coils shall have aluminum individual unshared fin surfaces. An air brake shall exist between coils. Water coils shall be furnished with a threaded drain plug at the lowest point. A manual air vent shall be provided at the high point of the coil. 10. Filters Filter shall be one-piece design located to provide filtration of the outdoor air/return air mixture to assure even dust loading and balanced airflow in lieu of separate filters for outdoor air and return. Throwaway filter shall be factory furnished initially installed in all units. 11. Temperature Controls Each unit ventilator shall be furnished with a factory installed and wired, microprocessor based DDC Unit Ventilator Controller (UVC), by the manufacturer of the unit ventilator, which is pre-programmed, factory pretested prior to shipment and capable of complete, standalone unit control, master-slave arrangement or incorporation into a building-wide network using an optional plug-in communication module. The UVC shall be preprogrammed with the application code required to operate the unit using Page 452 of 651 130 ASHRAE Cycle II. The unit control system shall include all required temperature sensors, input/output boards, main microprocessor modules, Local User Interface (referred to as LUI) Touch Pad with Digital LED Display, wiring, 24 volt power and direct coupled damper actuators. The UVC shall support up to 6 analog inputs, 12 binary inputs, and 9 binary outputs plus additional I/O points of 4 analog inputs and 8 binary outputs. 12. Network System The unit control system shall perform all unit control functions, unit diagnostics and safeties. The unit shall operate in the standalone or network capable mode of operation. Field furnished and installed controls shall not be allowed. When network capable, network communication modules shall be factory installed, tested and able to communicate via plug-in communication modules that connect directly to the UVC using: a.LonMark Space Comfort Control that supports the LonMark SCC profile number 8500-10 allowing LonWorks network communication capability to the UVC. Controls shall allow monitoring and adjustment from a portable IBM compatible PC using the applicable software. When using this PC and software, the unit shall be capable of reacting to commands for changes in control sequence and set points. 13. Room Temperature Sensor and Tenant Override Options Unit Mounted All units shall come equipped with a factory mounted room temperature sensor located in a sampling chamber (front, center panel) where room air is continuously drawn through for fast response to temperature changes in the room. When using a remote wall-mounted temperature sensor the ability shall exist to simply disconnect the unit-mounted temperature sensor using the provided quick disconnect plug. Tenant override switch shall be factory mounted next to the Local User Interface (LUI) Touch Pad to provide a momentary contact closure that causes the unit to enter the “tenant override” operating mode for a set time period (adjustable) of 120 minutes. The room temperature sensor and override switch shall be an optional wall mounted temperature sensor, with integral tenant override capability 14. Wall Mounted Sensor with Tenant Override A thermistor type temperature sensor with integral tenant override and status LED shall be furnished with the unit ventilators. a. Remote wall mounted sensor with tenant override 15. External Signal Connections The unit shall have three (3) multi-pin External Signal Connection Plugs factory provided and pre-wired with short wire whips that is capped for field wiring of: a. Remote Wall Mounted Temperature Sensor. 16. Performance Voltage 115/60/1 Min Circuit Amps 3.88 Max Fuse Amps 15 Airflow (CFM)979 ESP (inH2O)0 Fan Speed High Motor Power (HP)0.25 Cooling Coil Coil Rows 3 EAT - EDB (°F)80 EAT - EWB (°F)67 LDB (°F)59.1 LWB (°F)56.3 Fluid Type No Glycol EWT 45 LWT 55 Flow Rate (gpm)6.5 WPD (ft H2O)7.53 Page 453 of 651 131 Total Capacity Btu/hr)32,502 Sensible Capacity Btu/hr) 22,158 Heating Coil Coil Rows 2 EAT - EDB (°F)70 LAT - LDB (°F)116.9 Fluid Type No Glycol EWT (°F)180 LWT (°F)140.2 Flow Rate (gpm)2.5 WPD (ft H2O)1.34 Total Capacity Btu/hr)49,773 END OF SECTION Page 454 of 651 132 Attachment 9 – Cost Proposals / Pricing Forms Bid Forms and Price Proposal sheets are provided for you. It is not mandatory to submit your cost proposals on these forms. You must however include the same, requested information. A discount percentage, or structure must be clearly delineated. Pricing for each scenario must be complete, showing all products offered for that scenario, the list price, the discount amount and the final net price for each scenario. Total costs, including a detailed list of all labor categories applicable to each scenario must also be shown and totaled. Page 455 of 651 RFP #15-JLP-023 133 BID FORM/PRICE SHEET SECTION A Product Pricing Offeror shall include all product pricing using this format. Use additional space as necessary. MFG Part No. Product Name Product Description List Price % Discount off List Price Net Price The remainder of this page is intentionally left blank. Page 456 of 651 RFP #15-JLP-023 134 BID FORM/PRICE SHEET (CONT'D) SECTION B Labor Rates Normal business hours are defined as: ____________________________ Overtime hours are defined as: ____________________________ Holiday hours are defined as: ____________________________ Using the below format, Offeror shall provide labor rates by geographic areas, regions, zones or other means for pricing nationally. (for all that are applicable) Hourly Rate Item Labor Classification Normal Business Hours Overtime Holiday 1 Architect 2 Asbestos worker 3 Boilermaker 4 Concrete finishers 5 Delivery personnel 6 Drafting 7 Drywall and ceiling installers 8 Electricians 9 Engineering design 10 Geothermal well field labor 11 Heavy equipment operators 12 HVAC commercial A/C technician 13 HVAC light commercial 14 HVAC helper 15 HVAC field supervisor Page 457 of 651 RFP #15-JLP-023 135 BID FORM/PRICE SHEET (CONT'D) SECTION B Labor Rates (Cont'd) Hourly Rate Item Labor Classification Normal Business Hours Overtime Holiday 16 HVAC refrigeration technician 17 HVAC duct installer 18 HVAC filter technician 19 HVAC building automation technician 20 Infrared technician 21 Insulators 22 Laborers 23 Light equipment operators 24 Metal building assembler 25 Millwrights 26 Operating engineer 27 Painters, wall covering installers 28 Pipefitters 29 Plasterers 30 Plumbers 31 Project manager 32 Project administrator 33 Project engineering 34 Roofers 35 Sheet metal workers 36 Test and balance technician 37 Tile setters 38 Waterproofers, caulkers 39 Water treatment technician Use additional space as necessary to add any additional labor categories. Page 458 of 651 RFP #15-JLP-023 136 BID FORM/PRICE SHEET (CONT'D) SECTION C Additional Costs INSTRUCTIONS: Offeror shall utilize net product prices and labor rates listed in Sections A and B of this Bid Form/Price Sheet to determine cost for installation of new equipment, maintenance of existing sytems, upgrading of existing infrastructures, turn-key services and any other installation and services offered. If there are other elements that should also be taken into consideration, Offeror shall list these elements below and any associated pricing. Any Additional Pricing Elements for Installation, Maintenance, Upgrades and Turn-Key Services Cost List any other elements to be taken into consideration for installation, maintenance, upgrades and turn-key services The remainder of this page is intentionally left blank. Page 459 of 651 RFP #15-JLP-023 137 BID FORM/PRICE SHEET (CONT'D) SECTION D Additional Costs Use the below space to provide pricing for any related products and services your company wishes to be considered. Product or Service Cost Use additional space as necessary The remainder of this page is intentionally left blank. Page 460 of 651 RFP #15-JLP-023 138 BID FORM/PRICE SHEET (CONT'D) SECTION E Additional Discounts Insert additional lines as necessary. ADDITIONAL DISCOUNTS/INCENTIVES COST Additional Discounts for volume (i.e. price breaks for multiple products/services, etc.) $ $ $ $ Any additional pricing incentives, discounts or rebates such as for large volume purchases and services, total spend, etc. $ $ $ $ Any additional pricing discounts for the purchase of products and services for groups of Participating Public Agencies in a local geographic area that desire to combine requirements, i.e. local city, county, school district, housing authority, transit authority, etc. $ $ $ $ The remainder of this page is intentionally left blank. Page 461 of 651 RFP #15-JLP-023 139 BID FORM/PRICE SHEET (CONT'D) SECTION F Pricing Project #1 Use the below format for pricing Rotary Screw Chillers Location: North Harford Middle School, Pylesville, MD Detail all applicable product costs from Section A of this Bid Form List Price % Discount off List Price Net Price Use additional space as necessary Total Product Price Detail all applicable labor classifications used from Section B of this Bid Form Labor Rate Hours Needed Total Labor Cost Per Classification Use additional space as necessary Total Labor Price Total Cost (Product/Labor) for Scenario Note any exceptions to the Specifications Use additional space as necessary Page 462 of 651 RFP #15-JLP-023 140 BID FORM/PRICE SHEET (CONT'D) SECTION F Pricing Scenario #2 Use the below format for pricing packaged rooftop air conditioner and installation. Location: Chicago, IL, city limits Detail all applicable product costs from Section A of this Bid Form List Price % Discount off List Price Net Price Use additional space as necessary Total Product Price Detail all applicable labor classifications used from Section B of this Bid Form Labor Rate Hours Needed Total Labor Cost Per Classification Use additional space as necessary Total Labor Price Total Cost (Product/Labor) for Scenario Note any exceptions to the Specifications Use additional space as necessary Page 463 of 651 RFP #15-JLP-023 141 BID FORM/PRICE SHEET (CONT'D) SECTION F Pricing Scenario #3 Use the below format for pricing indoor air handling unit. Location: Portland, OR, metro area Detail all applicable product costs from Section A of this Bid Form List Price % Discount off List Price Net Price Use additional space as necessary Total Product Price Detail all applicable labor classifications used from Section B of this Bid Form Labor Rate Hours Needed Total Labor Cost Per Classification Use additional space as necessary Total Labor Price Total Cost (Product/Labor) for Scenario Note any exceptions to the Specifications Use additional space as necessary Page 464 of 651 RFP #15-JLP-023 142 BID FORM/PRICE SHEET (CONT'D) SECTION F Pricing Scenario #4 Use the below format for pricing air cooled scroll chiller, installation and maintenance for two years. Location: Jacksonville, FL, metro area Detail all applicable product costs from Section A of this Bid Form List Price % Discount off List Price Net Price Use additional space as necessary Total Product Price Detail all applicable labor classifications used from Section B of this Bid Form Labor Rate Hours Needed Total Labor Cost Per Classification Use additional space as necessary Total Labor Price Total Cost (Product/Labor) for Scenario Note any exceptions to the Specifications Use additional space as necessary Page 465 of 651 RFP #15-JLP-023 143 BID FORM/PRICE SHEET (CONT'D) SECTION F Pricing Scenario #5 Use the below format for pricing centrifugal water chiller, installation and maintenance for two years. Location: Dallas, TX, metro area Detail all applicable product costs from Section A of this Bid Form List Price % Discount off List Price Net Price Use additional space as necessary Total Product Price Detail all applicable labor classifications used from Section B of this Bid Form Labor Rate Hours Needed Total Labor Cost Per Classification Use additional space as necessary Total Labor Price Total Cost (Product/Labor) for Scenario Note any exceptions to the Specifications Use additional space as necessary Page 466 of 651 RFP #15-JLP-023 144 BID FORM/PRICE SHEET (CONT'D) SECTION F Pricing Scenario #6 Use the below format for pricing unit ventilator and installation. Location: Los Angeles, CA, city limits Detail all applicable product costs from Section A of this Bid Form List Price % Discount off List Price Net Price Use additional space as necessary Total Product Price Detail all applicable labor classifications used from Section B of this Bid Form Labor Rate Hours Needed Total Labor Cost Per Classification Use additional space as necessary Total Labor Price Total Cost (Product/Labor) for Scenario Note any exceptions to the Specifications Use additional space as necessary Page 467 of 651 RFP #15-JLP-023 145 BID FORM/PRICE SHEET (CONT'D) Signature Page ________________________________ _______________________________ Signature Company ________________________________ Name (Print or type) __________________________ Email The remainder of this page is intentionally left blank. Page 468 of 651 Page 469 of 651 Page 470 of 651 8.A. PUB L I C HE A RI NG 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed Or dinance No. 20-017 - First R eading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le I I I . Zoning D istricts and Overlays, Sec tions 1.B . and 2.E., to set a c onsistent maximum building height for all Single-Family, and Single and Two-Family residential zoning districts. Proposed Or dinance No. 20-018 - First R eading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le I I I . Zoning D istricts and Overlays, Sec tion 1.B. and S ec tions 2.C and 2.E., to modify development standards for selec ted non-conforming lots. Proposed Or dinance No. 20-019 - First R eading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to revise the locational c riteria and regulations for Automobile Rental. Proposed Or dinance No. 20-020 - First R eading - Approve amendments to the L A ND D E V E L OP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to allow Professional & Technical Schools in I ndustrial (I ) pods within Quantum Park. Proposed Or dinance No. 20-021 - First R eading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le I V. Use Regulations, Section 3.D. Use Matrix, to allow Self-Service Storage in the C-4 zoning distric t. Proposed Or dinance No. 20-022 - First R eading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le V. Supplemental Regulations, Section 3.D. Swimming P ools and Spas, amending loc ational criteria. Proposed Or dinance No. 20-023 - First R eading - Approve amendments to the LAND D E V E LOP ME NT RE GULATI ONS (C D RV 20-002), revising C hapter 3. Zoning, Artic le V. Supplemental Regulations, to add Sec tion 3.A A , I n-ground Storm Shelters. Explanation of R equest: Proposed changes to the Land Development Regulations include: Maximum Building Height in Single and Two-Family (R-2) Residential Zoning D istrict Staff recommends c hanging the maximum allowable building height for the R-2 zoning district from 25 feet to 30 feet to achieve c onsistency with the single-family zoning districts. The maximum building height for a single family home in the single family zoning districts was inc reased from 25 feet to 30 feet in the 1990's. I t was likely an oversight that the R-2 district was excluded from this amendment. Single-family homes are allowed within the R-2 district, and its logical that single family homes and duplexes should be regulated uniformly. Swimming Pools Located W ithin Front and C orner Side Yard Setbac ks Staff proposes to allow pools to be constructed within the front or corner side yard for homes on corner lots, where spatial constraints would preclude construction of a pool in the requisite rear or interior side Page 471 of 651 yard. Pools would have to be setbac k a minimum of 15 feet from the front or side corner property lines and sc reened with a minimum 4-foot tall opaque fence, wall or landscape buffer; no sc reen enclosures would be permitted. Automobile Rental Loc ations Staff proposes to add this use to additional commercial zoning distric ts such as the C-3 D istrict which commonly c onsists of large shopping plazas and power centers that may be able sacrifice the parking spaces needed for the rental fleet. Operational c riteria will include the requirement that the use be located on properties at major road intersec tions. Any outdoor vehic le storage on site will require Conditional Use approval. I n-ground Storm Shelters Staff proposes in-ground storm shelter regulations for residents who, rather than fortify the exterior of their residenc e or construct safe rooms within the home, prefer to utilize an in-ground storm shelter as their means of protection. W ith South Florida being prone to hurricane strikes, and the tornadoes spawned by them, this type of shelter can provide another form of protec tion. Staff dec ided to draft this code amendment following several inquiries by a property owner who is very interested in adding a shelter to his bac k y ard. Currently, the L D Rs are void of such regulations. Self-Service Storage Loc ations Staff proposes to expand the permitted loc ations for Self-Service Storage businesses by adding this use to C -4 General C ommercial zoning district, exc ept on locations that front an arterial road. Currently, the use is permitted within the I ndustrial zoning district (M-1) and conditionally permitted within four (4) other zoning districts. Professional & Technic al Sc hools Locations This amendment would expand the permitted locations for Professional & Tec hnical Sc hools within the P I D (Planned I ndustrial Distric t) to lots that have an I ndustrial (I ) land use option within Quantum Park. Nonconforming Lots Standards Staff's Housing W ork Group c ontinues to evaluate the C ity's regulations and proc esses for opportunities to eliminate barriers to construction of affordable and workforc e housing, and now forwards for consideration this c ode change that targets a group of non-conforming lots within some of the older neighborhoods in the City. Left as either remnants from prior lot splits, or which were subsequently left vacant due to lot regulation inc reases, leaving them c urrently unbuildable due to deficient lot size or frontage requirements. I n order to allow single-family residenc es to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, as well minimum livable area. Not only would the amendments create buildable lots, but they would allow for the c onstruction of small, and even more affordable houses. This amendment furthers the City ’s goal of increasing the inventory of attainable housing. The Planning and D evelopment Board reviewed these items at its May 26, 2020 meeting and forwards them with a recommendation of approval, exc ept for the A utomobile Rental item, for whic h denial is rec ommended, and a recommended addition to the Swimming P ool amendments. Relative to the Automobile Rental amendments, the Board expressed conc ern over a proliferation of these type of uses at key intersec tions within the City, as well as too many valuable and c onvenient parking spaces being reserved for the rental c ars. Staff believes the requirement of Conditional Use approval provides not only staff, but the Board and City Commission the ability to determine if the use is appropriate at a given property, and where on the site the vehicles may be loc ated. A dditionally, the site must have excess parking above the c ode requirement in order to even be considered for approval. For parcels with Mixed Use zoning, the rental cars must be located within a parking garage, and once again, there must be exc ess parking above the c ode requirement to even be c onsidered. Relative to the Swimming Pool amendments, the Board recommended an addition to staff's proposal to require landscaping on the outside of any opaque fenc e or wall utilized to sc reen the pool. Page 472 of 651 How will this affect city programs or services? No impac t on programs or servic es Fiscal Impact: No fiscal impac t Alternatives: None recommended Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance amending LD R Chapter 3 regarding building height Ordinanc e Ordinance amending LD R Chapter 3 regarding non-conforming lots Ordinanc e Ordinance amending LD R Chapter 3 regarding automobile rental Ordinanc e Ordinance amending LD R Chapter 3 regarding professional and technic al sc hools within Quantum Park Ordinanc e Ordinance amending Chapter 3 regarding self- servic e storage locations Ordinanc e Ordinance amending Chapter 3 regarding loc ational criteria for swimming pools Ordinanc e Ordinance amending LD R Chapter 3 to add in- ground storm shelters Staff Report C D RV 20-002 S taff Report Exhibit E X HI B I T A. Proposed L D R Amendments Page 473 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Height) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 “ZONING”, ARTICLE III, “ZONING DISTRICTS AND 7 OVERLAYS”, SECTIONS 1.B. AND 2.E., TO SET A CONSISTENT 8 MAXIMUM BUILDING HEIGHT FOR ALL SINGLE-FAMILY, AND 9 SINGLE AND TWO-FAMILY RESIDENTIAL ZONING DISTRICTS; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION 11 AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, Staff recommends changing the maximum allowable building height 15 for the R-2 zoning district from 25 feet to 30 feet to achieve consistency with the single-16 family zoning districts; and 17 WHEREAS, maximum building height for a single family home in the single 18 family zoning districts was increased from 25 feet to 30 feet in the 1990's; and 19 WHEREAS, it was an oversight that the R-2 district was excluded from this 20 amendment as single-family homes are allowed within the R-2 district, and therefore, single 21 family homes and duplexes should be regulated uniformly; and 22 WHEREAS, the City Commission of the City of Boynton Beach has considered the 23 recommendations and has determined that it is in the best interest of the citizens and residents 24 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 25 Regulations as contained herein. 26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 27 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 28 Section 1. The foregoing whereas clauses are true and correct and are now ratified 29 and confirmed by the City Commission. 30 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 31 “Zoning”, Article III, “Zoning Districts and Overlays”, Sections 1.B. and 2.E., to set a 32 Page 474 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Height) - Ordinance.Docx consistent maximum building height for all Single-Family, and Single and Two-Family 33 residential zoning districts are hereby amended as follows: 34 See Exhibit “A” attached hereto and made a part hereof 35 Section 3. Each and every other provision of the Land Development Regulations 36 not herein specifically amended, shall remain in full force and effect as originally adopted. 37 Section 4. All laws and ordinances applying to the City of Boynton Beach in 38 conflict with any provisions of this ordinance are hereby repealed. 39 Section 5. Should any section or provision of this Ordinance or any portion 40 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 41 affect the remainder of this Ordinance. 42 Section 6. Authority is hereby given to codify this Ordinance. 43 Section 7. This Ordinance shall become effective immediately. 44 FIRST READING this ____ day of June, 2020. 45 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 46 CITY OF BOYNTON BEACH, FLORIDA 47 YES NO 48 49 Mayor – Steven B. Grant _____ _____ 50 51 Vice Mayor – Ty Penserga _____ _____ 52 53 Commissioner – Justin Katz _____ _____ 54 55 Commissioner – Woodrow L. Hay _____ _____ 56 57 Commissioner – Christina L. Romelus _____ _____ 58 59 VOTE ______ 60 61 ATTEST: 62 63 _____________________________ 64 Crystal Gibson, MMC 65 City Clerk 66 (Corporate Seal) 67 Page 475 of 651 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS ……… Sec.1. Overview ………. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AAB R-1 AA R-1 A R-1 R-2 Duplex R-3 Multi R-4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible10 Flexible10 Flexible10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9,000 8,0008 7,500 6,000 4,500 4,00012 4,00012 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet): 1,800 1,600 1,400 1,200 750 750 650 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio (FAR) for Non-Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25 30 456 45 457 456 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexible5 Flexible5 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexible5 Flexible5 5 Corner side: 254 254 254 254 254 40 20 Flexible5 Flexible5 1011 Rear: 204 204 204 204 254 40 40 Flexible5 Flexible5 1011 Special rear yard setback reductions for 1-story building additions abutting: Maximum Percentage of Reduction: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Page 476 of 651 RESIDENTIAL R-1 AAB R-1 AA R-1 A R-1 R-2 Duplex R-3 Multi R-4 Multi IPUD PUD MHPD Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 9 9 11 ….… Sec.2. Residential Districts ….. BUILDING/SITE REGULATIONS 4 R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 30 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. Page 477 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Non-Conforming Lots) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA 5 AMENDING THE LAND DEVELOPMENT REGULATIONS 6 CHAPTER 3 “ZONING”, ARTICLE III, “ZONING DISTRICTS AND 7 OVERLAYS”, SECTIONS 1.B. AND 2.C AND 2.E., TO MODIFY 8 DEVELOPMENT STANDARDS FOR SELECTED NON-9 CONFORMING LOTS; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, older residential areas of the City have several nonconforming lots that 14 are currently unbuildable due to lot size and frontage requirements; and 15 WHEREAS, in order to allow single-family residences to be built on these lots, staff 16 proposes modified development standards including revisions to lot area, lot frontage, 17 setbacks, and minimum livable area which furthers the City’s goal of increasing the inventory 18 of attainable housing; and 19 WHEREAS, the City Commission of the City of Boynton Beach has considered the 20 recommendations and has determined that it is in the best interest of the citizens and residents 21 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 22 Regulations as contained herein. 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 24 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing whereas clauses are true and correct and are now ratified 26 and confirmed by the City Commission. 27 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 28 “Zoning”, Article III, “Zoning Districts and Overlays”, Sections 1.B. and 2.C and 2.E., to 29 modify development standards for selected non-conforming lots are hereby amended as 30 follows: 31 Page 478 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Non-Conforming Lots) - Ordinance.Docx See Exhibit “A” attached hereto and made a part hereof 32 Section 3. Each and every other provision of the Land Development Regulations 33 not herein specifically amended, shall remain in full force and effect as originally adopted. 34 Section 4. All laws and ordinances applying to the City of Boynton Beach in 35 conflict with any provisions of this ordinance are hereby repealed. 36 Section 5. Should any section or provision of this Ordinance or any portion 37 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 38 affect the remainder of this Ordinance. 39 Section 6. Authority is hereby given to codify this Ordinance. 40 Section 7. This Ordinance shall become effective immediately. 41 FIRST READING this ____ day of June, 2020. 42 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Ty Penserga _____ _____ 49 50 Commissioner – Justin Katz _____ _____ 51 52 Commissioner – Woodrow L. Hay _____ _____ 53 54 Commissioner – Christina L. Romelus _____ _____ 55 56 VOTE ______ 57 58 ATTEST: 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 (Corporate Seal) 64 Page 479 of 651 Exhibit “A” CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS ……… Sec.1. Overview ………. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AA B R-1 AA R-1 A 13 R-1 R-2 Duplex 13 R-3 Multi R-4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible 10 Flexible 10 Flexible 10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9,00 0 8,00 08 7,50 0 6,00 0 4,500 4,000 12 4,000 12 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet): 1,80 0 1,60 0 1,40 0 1,20 0 750 750 650 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio (FAR) for Non- Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25 456 45 457 456 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexible 5 Flexible 5 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexible 5 Flexible 5 5 Corner side: 254 254 254 254 254 40 20 Flexible 5 Flexible 5 1011 Rear: 204 204 204 204 254 40 40 Flexible 5 Flexible 5 1011 Special rear yard setback reductions Maximum Percentage of Reduction: Page 480 of 651 RESIDENTIAL R-1 AA B R-1 AA R-1 A 13 R-1 R-2 Duplex 13 R-3 Multi R-4 Multi IPUD PUD MHPD for 1-story building additions abutting: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/indust rial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non- residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 9 9 11 ….… 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Page 481 of 651 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible ……………. Sec.2. Residential Districts ….. C. R-1-A Single-family Residential District. ….. 3. Building and Site Regulations (Table 3-7). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 3 R-1-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building: Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet2 Minimum living area: 1,400 s.f. Page 482 of 651 BUILDING/SITE REGULATIONS 3 R-1-A District Maximum lot coverage: 45% Maximum structure height: 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots, the side setback adjacent to the street shall be not less than one -half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be impos ed. 3 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible …… E. R-2 Single and Two-family Residential District. … 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 4 R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Page 483 of 651 BUILDING/SITE REGULATIONS 4 R-2 District Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a single-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible Page 484 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Automobile Rental) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, TO REVISE 8 THE LOCATIONAL CRITERIA AND REGULATIONS FOR 9 AUTOMOBILE RENTAL; PROVIDING FOR CONFLICTS, 10 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 11 DATE. 12 13 14 WHEREAS, in order to address a recognized need to provide greater flexibility in the 15 locational criteria for the siting of automobile rental businesses, and fulfill the needs of the 16 City’s growing population, staff proposes adding this use to additional zoning categories, 17 creating a series of operational criteria (including the requirement that they be located on 18 properties at major road intersections), and requiring Conditional Use approval of any outdoor 19 vehicle storage on site; and 20 WHEREAS, the City Commission of the City of Boynton Beach has considered the 21 recommendations and has determined that it is in the best interest of the citizens and residents 22 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 23 Regulations as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified 27 and confirmed by the City Commission. 28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 29 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, to revise the locational 30 criteria and regulations for Automobile Rental is hereby amended as follows: 31 Page 485 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Automobile Rental) - Ordinance.Docx See Exhibit “A” attached hereto and made a part hereof 32 Section 3. Each and every other provision of the Land Development Regulations 33 not herein specifically amended, shall remain in full force and effect as originally adopted. 34 Section 4. All laws and ordinances applying to the City of Boynton Beach in 35 conflict with any provisions of this ordinance are hereby repealed. 36 Section 5. Should any section or provision of this Ordinance or any portion 37 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 38 affect the remainder of this Ordinance. 39 Section 6. Authority is hereby given to codify this Ordinance. 40 Section 7. This Ordinance shall become effective immediately. 41 FIRST READING this ____ day of June, 2020. 42 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Ty Penserga _____ _____ 49 50 Commissioner – Justin Katz _____ _____ 51 52 Commissioner – Woodrow L. Hay _____ _____ 53 54 Commissioner – Christina L. Romelus _____ _____ 55 56 VOTE ______ 57 58 ATTEST: 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 (Corporate Seal) 64 Page 486 of 651 Exhibit “A” CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Indust- rial Misc R-1-AAB R-1-AA R-1-A R-1 R-2 R-3 R-4 ✓ IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU-H M-1 PID PU REC COMMERCIAL Retail Sales (Cont'd) Pharmacy & Drug Store P 1 57 P 2 57 P 57 P 57 P 57 P 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 15 27 57 Restaurant P 18 58 A 58 P 2 58 P 58 P 58 P 58 P 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 58 P 27 58 A 20 58 A 20 21 58 Restaurant, Take-out P 18 P 2 8 P 2 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 59 P 28 A 20 A 20 21 Showroom warehouse (single-product line) P 10 0 P 10 0 P 10 0 P 10 0 Specialty Food Store P 18 P 2 P P P P P P P P P 2 11 P P 27 Tile and Carpet P P P P 10 17 P 17 P 17 P 17 P 17 P 22 P 24 28 COMMERCIAL Services Auto Broker P P P P P P P P Auto/Car Wash (Polishing, Waxing, Detailing) A 60 C 60 C 60 C 60 A 60 Auto/Car Wash, Self- serve Bay C C C Automobile Rental A C 61 P C 3 61 C 61 P 16 61 P 16 61 P 16 61 P 16 61 Page 487 of 651 Automotive, Minor Repair A 62 C 62 P 3 62 C 62 P 3 62 A 62 Automotive, Major Repair P 3 13 63 Automotive Window Tinting/Stereo Installation/Alarms A 64 P 64 P 64 C 64 P 64 P 26 Bar & Nightclub C C C C C 16 C 14 16 C 14 16 C 16 C 16 C 27 Caterer P P P P P P 22 C .……………………………………………….. 60. Auto/Car Washes (Polishing, Waxing, Detailing). ………………………………………………….. 61. Automobile Rental. a. C-3 District., C-4 District, and PCD District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required if use will require on-site storage of vehicles In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center a Automobile r Rental is allowed shall be subject to the following additional conditions: (a) Location. The customer service area shall be located within the building being used for an automotive, minor repair; Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan; (b) Vehicle Storage. No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; Vehicles for rent may only be stored in marked stalls if said parking stalls are in excess of the minimum required parking spaces for the site/use(s). A maximum of 20 vehicles may be stored in these marked stalls. An additional amount, up to another 20 vehicles, may be allowed within service areas or non- circulation areas of the site, if determined by staff to be feasible an d non-detrimental to service and emergency operations, as well as general vehicular circulation. No required landscaping shall be removed to accommodate the supplemental parking area; (c) Vehicle Maintenance. No fueling or refueling servicing of automobiles shall be permitted on- site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right-of-way, or if located within a fully enclosed building; (d) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. Page 488 of 651 b. C-4 District. Automotive, minor repair is allowed as an accessory use to autom obile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. b. MU-3 District, MU-4 District, and MU-C District., and SMU District. The indoor storage/display of fleet rental vehicles shall be required. are permitted but shall not exceed ten thousand (10,000) square feet. Conditional Use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Automobile Rental shall be subject to the following additional conditions: (a) Location. Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan, (1) (b) Access. Shall not be directly from any major roadway. (2) (c) Storage. No outside storage of materials, parts, and vehicles. equipment. (3) (d) Design. Pursuant to Chapter 4, Article III, Section 3. A.7., overhead doors shall not be visible from any major roadway frontage. (e) Vehicle Storage. All rental vehicles must be located within marked stalls and only in parking spaces in excess of the minimum required parking spaces for the site/use(s). Said spaces shall be marked for the sole use of the rental operation only. (f) Vehicle Maintenance. No fueling or servicing of automobiles shall be permitted on-site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right - of-way, or if located within a fully enclosed building. (g) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. 62. Automotive, Minor Repair. …………………………………………………………………….. Page 489 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Schools) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, TO ALLOW 8 PROFESSIONAL AND TECHNICAL SCHOOLS IN 9 INDUSTRIAL (I) PODS WITHIN QUANTUM PARK; 10 PROVIDING FOR CONFLICTS, SEVERABILITY, 11 CODIFICATION AND AN EFFECTIVE DATE. 12 13 14 WHEREAS, this amendment would expand the permitted locations for Professional 15 and Technical Schools within the PID (Planned Industrial District) to lots that have an 16 Industrial (I) land use option within Quantum Park; and 17 WHEREAS, the City Commission of the City of Boynton Beach has considered the 18 recommendations and has determined that it is in the best interest of the citizens and residents 19 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 20 Regulations as contained herein. 21 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 22 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 23 Section 1. The foregoing whereas clauses are true and correct and are now ratified 24 and confirmed by the City Commission. 25 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 26 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, to allow professional and 27 technical schools in Industrial (I) pods within Quantum Park is hereby amended as follows: 28 See Exhibit “A” attached hereto and made a part hereof 29 Section 3. Each and every other provision of the Land Development Regulations 30 not herein specifically amended, shall remain in full force and effect as originally adopted. 31 Section 4. All laws and ordinances applying to the City of Boynton Beach in 32 Page 490 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Schools) - Ordinance.Docx conflict with any provisions of this ordinance are hereby repealed. 33 Section 5. Should any section or provision of this Ordinance or any portion 34 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 35 affect the remainder of this Ordinance. 36 Section 6. Authority is hereby given to codify this Ordinance. 37 Section 7. This Ordinance shall become effective immediately. 38 FIRST READING this ____ day of June, 2020. 39 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor – Steven B. Grant _____ _____ 44 45 Vice Mayor – Ty Penserga _____ _____ 46 47 Commissioner – Justin Katz _____ _____ 48 49 Commissioner – Woodrow L. Hay _____ _____ 50 51 Commissioner – Christina L. Romelus _____ _____ 52 53 VOTE ______ 54 55 ATTEST: 56 57 58 _____________________________ 59 Crystal Gibson, MMC 60 City Clerk 61 62 63 (Corporate Seal) 64 Page 491 of 651 Exhibit “A” CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS Sec. 3. Use Regulations. ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Industrial Misc R - 1 - A A B R - 1 - A A R - 1- A R -1 R -2 R -3 R- 4 IPUD PU D MH P C -1 C -2 C -3 C -4 CB D PCD SM U MU -1 MU -2 MU -3 MU -4 MU -C M -1 PI D P U REC EDUCATIONAL College, Seminary, University P P C C P 15 P 15 P 15 P Day Care C 3 3 8 7 C 3 3 8 7 C 3 3 8 7 C 33 87 C 87 C 87 P 8 87 C C C C C C 87 P 11 P 11 14 P 11 14 P 11 14 P 11 P 11 P 22 School, Industrial & Trade C P 22 P 26 School, Primary and Secondary C 3 3 C 3 3 C 3 3 C 33 C C P P 25 P School, Professional & Technical P 18 P P 18 P P P P P 15 P 15 P 15 P 15 P 15 P 24 26 27 31 Tutoring and Testing Centers P P P P C P P 11 P 11 P 11 P 11 C 11 C 11 P 22 P 24 27 31 Page 492 of 651 …. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. … 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot that has an Industrial (I) land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option f ronting on an arterial roadway or on a MU lot with a development order that is not solely for residential development. … 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office (O) land use option. No drive-through facility shall be allowed in connection with this use. …. Page 493 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Self-Storage) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE IV, “USE 7 REGULATIONS,” SECTION 3.D. USE MATRIX, TO ALLOW 8 SELF-SERVICE STORAGE IN THE C-4 ZONING DISTRICT; 9 PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, due to the increased demand for this use fueled by the City’s growing 14 population, staff proposes to expand the permitted locations of Self-Service Storage locations 15 by adding this use to an additional zoning category; and 16 WHEREAS, currently, the use is permitted within the Industrial zoning district (M-17 1) and conditionally permitted within four (4) other zoning districts; and 18 WHEREAS, this amendment permits Self-Service Storage within the City’s C-4 19 General Commercial zoning district, except on locations that front an arterial road; and 20 WHEREAS, the City Commission of the City of Boynton Beach has considered the 21 recommendations and has determined that it is in the best interest of the citizens and residents 22 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 23 Regulations as contained herein. 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 25 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing whereas clauses are true and correct and are now ratified 27 and confirmed by the City Commission. 28 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 29 “Zoning”, Article IV, Use Regulations, Section 3.D. Use Matrix, to allow self-service storage 30 in the C-4 zoning district is hereby amended as follows: 31 Page 494 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Self-Storage) - Ordinance.Docx See Exhibit “A” attached hereto and made a part hereof 32 Section 3. Each and every other provision of the Land Development Regulations 33 not herein specifically amended, shall remain in full force and effect as originally adopted. 34 Section 4. All laws and ordinances applying to the City of Boynton Beach in 35 conflict with any provisions of this ordinance are hereby repealed. 36 Section 5. Should any section or provision of this Ordinance or any portion 37 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 38 affect the remainder of this Ordinance. 39 Section 6. Authority is hereby given to codify this Ordinance. 40 Section 7. This Ordinance shall become effective immediately. 41 FIRST READING this ____ day of June, 2020. 42 SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Ty Penserga _____ _____ 49 50 Commissioner – Justin Katz _____ _____ 51 52 Commissioner – Woodrow L. Hay _____ _____ 53 54 Commissioner – Christina L. Romelus _____ _____ 55 56 VOTE ______ 57 58 ATTEST: 59 60 61 _____________________________ 62 Crystal Gibson, MMC 63 City Clerk 64 65 66 (Corporate Seal) 67 Page 495 of 651 Exhibit “A” CHAPTER 3. ZONING ARTICLE IV. USE REGULATIONS …. Sec. 3. Use Regulations. ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditiona l A = Accessory Residential Commercial Mixed-Use Industrial Misc R- 1- AA B R- 1- A A R-1- A R- 1 R-2 R-3 R-4 IPUD √ PU D MH P C -1 C -2 C -3 C- 4 C B D PC D SM U M U-1 M U-2 M U- 3 MU- 4 MU -C M-1 PI D P U REC Storage, Self- Service P 90 C 5 11 90 C 5 11 90 C 5 11 90 C 5 11 90 P 90 5. General Note. This use shall be prohibited on the first floor, or not visible from rights-of-ways. … 90. Storage, Self-Service. … e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on- center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by privat e individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights -of-way and non-industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty-five (25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. f. C-4 District (1) Use is not permitted on an arterial road. Page 496 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE V, 7 “SUPPLEMENTAL REGULATIONS,” SECTION 3.D. 8 SWIMMING POOLS AND SPAS, TO AMEND LOCATIONAL 9 CRITERIA; PROVIDING FOR CONFLICTS, SEVERABILITY, 10 CODIFICATION AND AN EFFECTIVE DATE. 11 12 13 WHEREAS, to provide flexibility for homeowners on corner lots, where building 14 orientation of the house or other site improvements preclude the ability to construct a pool in 15 the requisite rear or interior side yard, staff recommends a minimal code amendment to allow 16 pools to be constructed within the front or corner side yard; and 17 WHEREAS, currently an administrative adjustment may be granted to allow a house 18 to be expanded to within 20 feet of the front or corner side yard property lines; and 19 WHEREAS, as other improvements have been construed to be non-impactful within 20 the required setbacks, staff’s proposal would allow in-ground swimming pools to be no closer 21 than 15 feet from the front or side corner property lines; and 22 WHEREAS, the pool would need to be visually screened with a minimum 4-foot tall 23 opaque fence, wall or landscape buffer, which are currently allowed in any front or side yard 24 setback; and 25 WHEREAS, the City Commission of the City of Boynton Beach has considered the 26 recommendations and has determined that it is in the best interest of the citizens and residents 27 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 28 Regulations as contained herein. 29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 30 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing whereas clauses are true and correct and are now ratified 32 Page 497 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx and confirmed by the City Commission. 33 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 34 “Zoning”, Article V, Supplemental Regulations, Section 3.D. Swimming Pools, to amend 35 locational criteria is hereby amended as follows: 36 Sec.1. General 37 ………… 38 Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site 39 Amenities, Excluding Walls and Fences. 40 ………… 41 D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site 42 plan for a planned development, in-ground and above-ground swimming pools and spas 43 (less than thirty-six (36) inches in height) shall be setback at least eight (8) feet from rear 44 and side interior property lines; however, such required setbacks may be reduced to two 45 (2) feet in instances where the rear or side interior yard, whichever is applicable, abuts a 46 body of water, golf-course, an improved road, railroad, or highway right-of-way, or a 47 non-residential property. The required setback may be further reduced in such 48 situations, but only upon the determination of the Director of Planning and Zoning when 49 determined necessary to 1) comply with all applicable rules and regulations; 2) be of 50 minimum scale that will make possible the reasonable use of land; and 3) have no 51 impact to abutting properties. 52 For clarification, the provision to reduce setbacks shall only be available within the 53 yard(s) along property lines abutting the qualifying undevelopable or non-residential 54 lands. Above-ground swimming pools and spas greater than thirty-six (36) inches in 55 height shall be setback ten (10) feet from rear and side interior property lines. In all 56 instances, swimming pools and spas shall not be allowed within the required front or 57 corner side yards, including forward of the front or side corner building lines. 58 Swimming pools and spas shall be restricted to rear and interior side yards, except in 59 circumstances as noted below on corner lots. 60 To provide flexibility on corner lots while also preserving the intended appearance of 61 the streetscape, an in-ground pool or spa shall be allowed in the front and corner side 62 yards, with a minimum setback of fifteen (15) feet from the property line abutting the 63 right-of-way, when the orientation of the house and site improvements preclude the 64 siting of an in-ground pool and/or spa within the rear or interior side yards. The 65 swimming pool must be screened with an opaque fence, wall, or dense landscaping 66 installed at a minimum of four (4) feet in height (note that other regulations may be 67 applicable for fence heights and setbacks within the Supplemental Regulations section 68 of the Land Development Regulations). No appurtenance associated with the pool may 69 extend above the height of the visual screening installed (i.e. screen enclosure, shade 70 structure/tiki hut, or other similar equipment/structure), unless elsewhere permitted in 71 the Land Development Regulations. 72 Page 498 of 651 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx 1. Private Pump Housing and Equipment. Private pump housing and equipment for 73 swimming pools (and spas) shall be setback at least three (3) feet from the rear and 74 interior side property lines and adequately screened where visible from abutting rights-75 of-way or properties zoned for single-family residential dwellings. Private pump houses 76 and equipment shall not be allowed within the required front or corner side yards, 77 including forward of the front or corner side building lines, unless approved for an 78 administrative adjustment if it is determined that no other on-site location is available or 79 feasible. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the 80 administrative adjustment process. 81 2. Miscellaneous. See the Florida Building Code for additional regulations regarding 82 barrier requirements around a swimming pool. 83 … 84 Section 3. Each and every other provision of the Land Development Regulations 85 not herein specifically amended, shall remain in full force and effect as originally adopted. 86 Section 4. All laws and ordinances applying to the City of Boynton Beach in 87 conflict with any provisions of this ordinance are hereby repealed. 88 Section 5. Should any section or provision of this Ordinance or any portion 89 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 90 affect the remainder of this Ordinance. 91 Section 6. Authority is hereby given to codify this Ordinance. 92 Section 7. This Ordinance shall become effective immediately. 93 FIRST READING this ____ day of June, 2020. 94 95 {REMAINDER OF PAGE INTENTIONALLY LEFT BLANK} 96 97 Page 499 of 651 4 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(Swimming Pools) - Ordinance.Docx SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 98 CITY OF BOYNTON BEACH, FLORIDA 99 YES NO 100 101 Mayor – Steven B. Grant _____ _____ 102 103 Vice Mayor – Ty Penserga _____ _____ 104 105 Commissioner – Justin Katz _____ _____ 106 107 Commissioner – Woodrow L. Hay _____ _____ 108 109 Commissioner – Christina L. Romelus _____ _____ 110 111 VOTE ______ 112 113 ATTEST: 114 115 116 _____________________________ 117 Crystal Gibson, MMC 118 City Clerk 119 120 121 (Corporate Seal) 122 Page 500 of 651 1 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx 1 ORDINANCE NO. 20-____ 2 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 5 FLORIDA AMENDING THE LAND DEVELOPMENT 6 REGULATIONS CHAPTER 3 “ZONING”, ARTICLE V, 7 “SUPPLEMENTAL REGULATIONS,” TO ADD SECTION 3.AA, 8 IN-GROUND STORM SHELTERS; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, Staff has been requested to explore regulations for in-ground storm 14 shelters and have found that while some residents choose to fortify the exterior of their 15 residence, and some have constructed safe rooms within the home, a contingent of residents 16 throughout the country, especially in the mid and southwest prefer to utilize an in-ground 17 storm shelter as their means of protection during a storm; and 18 WHEREAS, with South Florida being prone to hurricane strikes, and the tornadoes 19 spawned by them and other tropical systems, this type of shelter can provide another form of 20 protection; and 21 WHEREAS, the City Commission of the City of Boynton Beach has considered the 22 recommendations and has determined that it is in the best interest of the citizens and residents 23 of the City of Boynton Beach, Florida to approve the amendments to the Land Development 24 Regulations as contained herein. 25 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 26 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing whereas clauses are true and correct and are now ratified 28 and confirmed by the City Commission. 29 Section 2. City of Boynton Beach Land Development Regulations, Chapter 3, 30 “Zoning”, Article V, Supplemental Regulations, to add Section 3.AA, In-ground Storm 31 Shelters is hereby amended as follows: 32 Page 501 of 651 2 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx CHAPTER 3. ZONING 33 ARTICLE V. SUPPLEMENTAL REGULATIONS 34 … 35 Z. Electric Vehicle (EV) Charging Station. 36 1. Permits Required. The installation of an EV charging station shall comply with all 37 applicable regulations and permitting requirements required by life-safety/building codes 38 and these land development regulations. 39 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, 40 but only in connection with a lawful principal use. In addition, the following restrictions 41 shall apply: 42 a. In residential zoning districts, EV charging stations shall not be available for public 43 usage, except for where used in connection with a non-residential use; 44 b. All EV charging stations shall be located within a conforming parking space or 45 upon an on-site area that is specifically designed and designated for EV charging. For 46 nonresidential uses, any parking stall with EV charging is allowed to be used in the 47 computation for meeting the minimum number of required off-street parking spaces. The 48 preferred location shall be such that a single EV charging station could service two (2) 49 parking stalls. 50 c. The provision for an EV charging station may vary based on the design and use of 51 the primary parking lot; however in all instances, the proposed location must ensure the safe 52 and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its 53 associated equipment and power cords, shall not traverse sidewalks, accessible routes, or 54 other pedestrian areas. Likewise, the placement of each EV charging station shall not 55 conflict with landscaping to the extent that the purpose and intent of the landscape code is 56 no longer met. 57 d. No EV charging station shall be installed within a designated handicap space 58 unless it is specifically designed and intended for handicap use only; 59 e. Level 3 EV charging stations shall be prohibited in all residential zoning districts 60 or in connection with any residential use; and 61 f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-62 way, but only contingent upon the granting of all necessary approvals and/or agreements 63 with the City Commission and all applicable agencies. 64 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is 65 allowed in connection with EV charging stations. 66 4. Maintenance. EV charging station equipment shall be maintained in all respects, 67 including the proper functioning of the charging equipment. A current phone number and 68 other contact information shall be provided on the charging station equipment for the party 69 responsible for maintenance and operation of the equipment. 70 5. Safety. Information on the EV charging station must identify voltage and amperage 71 levels and time of use, fees, or safety information. When the EV charging station space is 72 Page 502 of 651 3 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx perpendicular or at an angle to curb face and charging station equipment, adequate 73 equipment protection such as wheel stops or bollards shall be used. 74 6. Data to be Available. To allow for maintenance and notification, owners of any new 75 public EV charging station shall provide information on the station's geographic location, 76 date of installation, equipment type and model, and owner contact information. This 77 information shall be submitted to the Director of Public Works. 78 7. Restrictions. The property owner of a public EV charging station shall have the 79 authority to place restrictions on the number of hours that an EV is allowed to charge, in 80 order to deter indefinite charging/parking. 81 AA. In-ground Storm Shelter. 82 1. Allowable Location(s). In-ground shelters shall be allowed in all residential zoning 83 districts, but only in conjunction with a lawful principal use. In addition, the following 84 restrictions shall apply: 85 86 a. The shelter may only be allowed in the side interior yard under the following 87 conditions: 88 89 (1) The shelter may not be placed in any easements. 90 91 (2) No more than three (3) feet of the structure extends above ground; 92 93 (3) Any portion of the structure above ground must be setback a minimum of 94 three (3) feet from the side property line, and may not extend forward of the 95 front building line. 96 97 b. The shelter may be located in the rear yard under the following conditions: 98 99 (1) The shelter may not be placed in any easements. 100 101 (2) The structure may not exceed the height of the principal structure within 102 fifteen (15) feet of the rear property line. 103 104 (3) Between fifteen (15) feet and five (5) feet of the rear property line, the 105 structure may not exceed a height of five (5) feet. 106 107 (4) A minimum five (5) foot rear setback is required. 108 109 (5) The portion of the shelter located above ground shall be calculated in the 110 maximum allowable lot coverage. 111 112 AA. BB Miscellaneous. 113 1. Amusement Rides. Miscellaneous structures, such as coin-operated rides and other 114 amusement devices, shall only be allowed within the principal structure, excluding those 115 used in conjunction with an arts, entertainment, and recreational establishment. 116 Page 503 of 651 4 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx 2. Donation Bins. See Chapter 4, Article III, Section 3.F.3. for additional standards 117 regarding donation bins. 118 3. Helicopter Pads (aka Helistops). See City Code of Ordinances Part II, Chapter 15, 119 Article V for regulations regarding aircraft landing facilities. 120 4. Animal Enclosures. See City Code of Ordinances Part II, Chapter 4 for the 121 regulations regarding animal enclosures (dog houses). 122 5. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for 123 regulations regarding newsracks. 124 6. Other Structures and Amenities. All other amenities and structures that are similar, 125 but not specifically mentioned in the above, shall require applications to the Director of 126 Development. 127 128 Section 3. Each and every other provision of the Land Development Regulations 129 not herein specifically amended, shall remain in full force and effect as originally adopted. 130 Section 4. All laws and ordinances applying to the City of Boynton Beach in 131 conflict with any provisions of this ordinance are hereby repealed. 132 Section 5. Should any section or provision of this Ordinance or any portion 133 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 134 affect the remainder of this Ordinance. 135 Section 6. Authority is hereby given to codify this Ordinance. 136 Section 7. This Ordinance shall become effective immediately. 137 FIRST READING this ____ day of June, 2020. 138 139 [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK} 140 141 Page 504 of 651 5 S:\CA\Ordinances\LDR Changes\LDR Amendment (Ch 3 CDRV 20-002)(In-Ground Storm Shelters) - Ordinance.Docx SECOND, FINAL READING AND PASSAGE this ______ day of ________, 2020. 142 CITY OF BOYNTON BEACH, FLORIDA 143 YES NO 144 145 Mayor – Steven B. Grant _____ _____ 146 147 Vice Mayor – Ty Penserga _____ _____ 148 149 Commissioner – Justin Katz _____ _____ 150 151 Commissioner – Woodrow L. Hay _____ _____ 152 153 Commissioner – Christina L. Romelus _____ _____ 154 155 VOTE ______ 156 157 ATTEST: 158 159 160 _____________________________ 161 Crystal Gibson, MMC 162 City Clerk 163 164 165 (Corporate Seal) 166 Page 505 of 651 DEPARTMENT OF DEVELOPMENT PLANNING AND ZONING Memorandum PZ 20-007 TO: Chair and Members Planning & Development Board FROM: Hanna Matras Senior Planner THROUGH: DATE: Ed Breese Planning and Zoning Administrator May 12, 2020 RE: Approve amendments to the LAND DEVELOPMENT REGULATIONS, revising Chapter 3. Zoning: (1) Article III. Zoning Districts and Overlays, Section 1.B. and Sections 2.C and 2.E., to set maximum building height consistent with Single-Family regulations and to modify development standards for selected non-conforming lots; and (2) Article IV. Use Regulations, Section 3.D. Use Matrix, to revise the locational criteria and regulations for Automobile Rental and to allow Professional & Technical Schools in Industrial (I) pods within Quantum Park, and to allow Self-Service Storage in the C-4 zoning district; and (3) Article V. Supplemental Regulations, Section 3.D. Swimming Pools and Spas, amending locational criteria, and to add Section 3.AA, In-ground Storm Shelters. PROPOSED CHANGES • Maximum Building Height in Single and Two-Family (R-2) Residential Zoning District: A discrepancy was noted within the maximum allowable building heights within residential zoning districts, in which all of the Single-Family districts allow a maximum height of 30 feet, while the Single and Two-Family (R-2) zoning district only allows a maximum height of 25. This inconsistency was a result of an oversight when the maximum allowable building height in Single- Family districts was increased from 25 feet to 30 feet in the 1990s, and the Single and Two-Family (R-2) zoning district was overlooked. For consistency purposes in like zoning districts, staff views this amendment as a housekeeping matter, designed to permit a maximum building height of 30 feet across the single-family and duplex zoning districts. • Swimming Pools Located Within Front and Corner Side Yard Setbacks: In an effort to provide flexibility for homeowners on corner lots, where building orientation of the house or other site improvements preclude the ability to construct a pool in the requisite rear or interior side yard, staff recommends a minimal code amendment to allow pools to be constructed Page 506 of 651 Automobile Rental, Self-Storage and Non-Conforming Lots (CDRV 20-002) Memo PZ No. 20-007 - 2 - within the front or corner side yard. To bolster the rationale for the proposed amendment to allow encroachments into these yards, currently an administrative adjustment may be granted to allow a house to be expanded to within 20 feet of the front or corner side yard property lines. Further, in 2018, the code was amended to allow covered front porches to encroach into the front setback by up to 10 feet, permitting a minimum setback of 15 feet from the front property line. As these other improvements have been construed to be non-impactful within the required setbacks, staff’s proposal would allow in-ground swimming pools to be no closer than 15 feet from the front or side corner property lines. The pool would need to be visually screened with a minimum 4-foot tall opaque fence, wall or landscape buffer, which are currently allowed in any front or side yard setback. Screen enclosures and the like would not be permitted in these areas, to minimize the visual impact on the neighbors. • Automobile Rental Locations: To address a recognized need to provide greater flexibility in the locational criteria for the siting of automobile rental businesses, and fulfill the needs of the City’s growing population, staff proposes adding this use to additional zoning categories, creating a series of operational criteria (including the requirement that they be located on properties at major road intersections), and requiring Conditional Use approval of any outdoor vehicle storage on site. • In-ground Storm Shelters: Staff has been requested to explore regulations for in-ground storm shelters. While some residents choose to fortify the exterior of their residence, and some have constructed safe rooms within the home, a contingent of residents throughout the country, especially in the mid and southwest prefer to utilize an in-ground storm shelter as their means of protection during a storm. With South Florida being prone to hurricane strikes, and the tornadoes spawned by them and other tropical systems, this type of shelter can provide another form of protection. Though not typical in Florida due to the high water table, those who reside on higher ground could take advantage of these proposed regulations. • Self-Service Storages Locations: In recognition of the increased demand for this use fueled by the City’s growing population, staff proposes to expand the permitted locations of Self-Service Storage locations by adding this use to an additional zoning category. Currently, the use is permitted within the Industrial zoning district (M-1) and conditionally permitted within four (4) other zoning districts. This amendment permits Self-Service Storage within the City’s C-4 General Commercial zoning district, except on locations that front an arterial road. • Professional & Technical Schools Locations: This amendment would expand the permitted locations for Professional & Technical Schools within the PID (Planned Industrial District) to lots that have an Industrial (I) land use option within Quantum Park. • Nonconforming Lots Standards: Page 507 of 651 Automobile Rental, Self-Storage and Non-Conforming Lots (CDRV 20-002) Memo PZ No. 20-007 - 3 - Older residential areas of the City have several nonconforming lots that are currently unbuildable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots, staff proposes modified development standards including revisions to lot area, lot frontage, setbacks, and minimum livable area. This amendment furthers the City’s goal of increasing the inventory of attainable housing. CONCLUSION/RECOMMENDATION Staff proposes these code amendments to continue revising LDRs to support quality redevelopment and economic growth in the CRA and citywide. Page 508 of 651 CHAPTER 3. ZONING ARTICLE III. ZONING DISTRICTS AND OVERLAYS ……… Sec.1. Overview ………. B. Residential Building and Site Regulations (Table 3-1). RESIDENTIAL R-1 AAB R-1 AA R-1 A 13 R-1 R-2 Duplex13 R-3 Multi R-4 Multi IPUD PUD MHPD Density (dwelling units per acre): 5 5.5 6 7.5 10 11 15 Flexible10 Flexible10 Flexible10 Project Area, Minimum (acres) N/A N/A N/A N/A N/A N/A N/A N/A 5+ 10+ Lot Area per unit, Minimum (square feet): 9,000 8,0008 7,500 6,000 4,500 4,00012 4,00012 Flexible Flexible 4,200 Lot Frontage, Minimum (feet): 90 75 60 60 75 100 100 Flexible Flexible N/A Living Area, Minimum A/C (square feet): 1,800 1,600 1,400 1,200 750 750 650 Flexible Flexible N/A Lot Coverage, Maximum: 45% 45% 45% 50% 40% 40% 50% 50% N/A N/A Floor-Area-Ratio (FAR) for Non-Residential, Maximum: N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Structure Height, Maximum (feet): 30 30 30 30 25 30 456 45 457 456 30 Building Setbacks, Minimum (feet): Front: 25 25 25 25 25 40 20 Flexible5 Flexible5 20 Interior side: 10 108 7.5 7.5 10 20 20 Flexible5 Flexible5 5 Corner side: 254 254 254 254 254 40 20 Flexible5 Flexible5 1011 Rear: 204 204 204 204 254 40 40 Flexible5 Flexible5 1011 Special rear yard setback reductions for 1-story building additions abutting: Maximum Percentage of Reduction: I-95 or railroad tracks: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Intracoastal Waterway (ICWW): 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Lake: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Golf course: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A 1 Page 509 of 651 RESIDENTIAL R-1 AAB R-1 AA R-1 A 13 R-1 R-2 Duplex13 R-3 Multi R-4 Multi IPUD PUD MHPD Canal wider than 150 feet: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Canal narrower than 150 feet: 33% 33% 33% 33% N/A N/A N/A N/A N/A N/A Commercial/industrial: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Public/private park: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Perimeter wall abutting non-residential: 50% 50% 50% 50% N/A N/A N/A N/A N/A N/A Administrative Adjustment: Maximum Percentage of Reduction (to standard yard setback): Front yard: 20% 20% 20% 20% N/A N/A N/A N/A N/A N/A Side yard: 20% N/A 20% 20% N/A N/A N/A N/A N/A N/A Rear yard: 25% 25% 25% 25% N/A N/A N/A N/A N/A N/A General Notes: 1, 2 1, 2 1, 2 1, 2 3 3 1, 3 9 9 11 ….… 13. Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) were existing parcels as of April 1, 2020 may use the development regulations within this section to develop a single - family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible 2 Page 510 of 651 Sec.2. Residential Districts ….. C. R-1-A Single-family Residential District. ….. 3. Building and Site Regulations (Table 3-7). The following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 3 R-1-A District Minimum lot area: 7,500 s.f. Minimum lot frontage: 60 feet Minimum yard setbacks: Front: 25 feet Rear: 20 feet Special rear yard setback reduction for single-story building: Abutting: I-95 or railroad tracks: 50% Abutting: Intracoastal: 50% Abutting: Lakes: 50% Abutting: Golf Course: 50% Abutting: Canals wider than 150 ft 50% Abutting: Canals narrower than 150 ft 33% Abutting: Perimeter walls of community that abut other than residential: Abutting: Commercial or Industrial 50% Abutting: Public or private park: 50% Interior side: 7.5 feet Corner side: 25 feet2 Minimum living area: 1,400 s.f. Maximum lot coverage: 45% Maximum structure height: 30 feet 1 These special rear yard setback reduction provisions shall not supersede any setbacks that are recorded on a plat. 2 On corner lots, the side setback adjacent to the street shall be not less than one -half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provides typical front yard setbacks, the corner lot shall provide for front yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 3 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a sing le-family residence: Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A 3 Page 511 of 651 Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible …… E. R-2 Single and Two-family Residential District. … 3. Building and Site Regulations (Table 3-9). Existing and/or planned single-family homes shall conform to the R-1 district requirements; however, for duplex homes, the following lot and building requirements shall be observed: BUILDING/SITE REGULATIONS 4 R-2 District Minimum lot area (per unit): 4,500 s.f.1 Minimum lot frontage: 75 feet Minimum yard setbacks: Front: 25 feet2 Rear: 25 feet3 Interior side: 10 feet2 Corner side: 25 feet2,3 Minimum living area: 750 s.f. Maximum lot coverage: 40% Maximum structure height: 25 30 feet 1 Single-family dwellings shall be constructed on lots that are no less than six thousand (6,000) square feet. 2 Overlay regulations may apply. See Section 8 for regulations pertaining to overlays. 3 On corner lots, the side setback adjacent to the street shall be not less than one-half (1/2) the front yard setback. However, where orientation of adjacent lots on both street frontages provide typical front yard setbacks, the corner lot shall provide for f ront yard setbacks along both streets. When two (2) front yard setbacks are provided for on a corner lot, no rear yard setback shall be required, only side yard setbacks shall be imposed. 4 Parcels within the Heart of Boynton District, as defined by the CRA Community Redevelopment Plan that (1) were originally platted or (2) an existing parcel as of April 1, 2020 may use the development regulations within this section to develop a single -family residence: 4 Page 512 of 651 Modified Development Standards* Lot Area per unit, Minimum (square feet): N/A Lot Frontage, Minimum (feet): N/A Living Area, Minimum A/C (square feet): 750 Building Setbacks, Minimum (feet): Front: 15 Interior side: 5 Corner side: 5 Rear: 10 *Parcels located within the Martin Luther King Jr. Overlay District are not eligible 5 Page 513 of 651 ARTICLE IV. USE REGULATIONS …. Sec. 3. Use Regulations. ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Industrial Misc R - 1 - A A B R - 1 - A A R - 1- A R -1 R -2 R -3 R- 4 IPUD PU D MH P C -1 C -2 C -3 C -4 CB D PCD SM U MU -1 MU -2 MU -3 MU -4 MU -C M -1 PI D P U REC EDUCATIONAL College, Seminary, University P P C C P 15 P 15 P 15 P Day Care C 3 3 8 7 C 3 3 8 7 C 3 3 8 7 C 33 87 C 87 C 87 P 8 87 C C C C C C 87 P 11 P 11 14 P 11 14 P 11 14 P 11 P 11 P 22 School, Industrial & Trade C P 22 P 26 School, Primary and Secondary C 3 3 C 3 3 C 3 3 C 33 C C P P 25 P School, Professional & Technical P 18 P P 18 P P P P P 15 P 15 P 15 P 15 P 15 P 24 26 27 31 Tutoring and Testing Centers P P P P C P P 11 P 11 P 11 P 11 C 11 C 11 P 22 P 24 27 31 6 Page 514 of 651 …. 24. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Commercial (C) land use option. … 26. General Note. This use is allowed within the PID, except that if proposed in Quantum Park, it shall be restricted to a lot th at has an Industrial (I) land use option. 27. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has a Mixed Use (MU) land use option f ronting on an arterial roadway or on a MU lot with a development order t hat is not solely for residential development. … 31. General Note. This non-industrial use is allowed within the PID district provided it is located on a lot that has an Office (O) land use option. No drive-through facility shall be allowed in connection with this use. …. D. Use Matrix (Table 3-28). P = Permitted C = Conditiona l A = Accessory Residential Commercial Mixed-Use Industrial Misc R- 1- AA B R- 1- A A R-1- A R- 1 R-2 R-3 R-4 IPUD √ PU D MH P C -1 C -2 C -3 C- 4 C B D PC D SM U M U-1 M U-2 M U- 3 MU- 4 MU -C M-1 PI D P U REC Storage, Self- Service P 90 C 5 11 90 C 5 11 90 C 5 11 90 C 5 11 90 P 90 5. General Note. This use shall be prohibited on the first floor, or not visible from rights-of-ways. … 90. Storage, Self-Service. … e. M-1 District. (1) Buffers. All perimeter buffers adjacent to residentially-zoned property shall contain a continuous wall or hedge and trees, installed no less than twenty-five (25) feet on- center. (2) Exterior Storage. In connection with a self-service storage facility, open storage of boats, motor, or recreational vehicles of the type customarily maintained by privat e individuals for their personal use and commercial vehicles shall be permitted provided the following: (a) The outdoor storage area shall not exceed forty percent (40%) of the area of the site. (b) Outdoor storage areas shall be entirely screened from public and private rights -of-way and non-industrial properties. Screening materials shall be comprised of a buffer wall, eight (8) feet in height, or by the project's principal and/or accessory building(s) or a combination thereof. Trees, installed no less than twenty-five (25) feet on-center, in conjunction with shrubs and/or other foundation plantings, shall be placed on the outside of the buffer wall, within a landscaping strip of at least five (5) feet in width. The shrubs and foundation plantings shall be at least four (4) feet in height at the time of installation. However, their inclusion may be waived by the Director of Planning and Zoning if determined to be unnecessary. f. C-4 District (1) Use is not permitted on an arterial road. 7 Page 515 of 651 ....... D. Use Matrix (Table 3-28). P = Permitted C = Conditional A = Accessory Residential Commercial Mixed-Use Indust- rial Misc R-1-AAB R-1-AA R-1-A R-1 R-2 R-3 R-4 ✓ IPUD PUD MHP C-1 C-2 C-3 C-4 CBD PCD SMU MU-1 MU-2 MU-3 MU-4 MU-H M-1 PID PU REC COMMERCIAL Retail Sales (Cont'd) Pharmacy & Drug Store P 1 57 P 2 57 P 57 P 57 P 57 P 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 17 57 P 15 27 57 Restaurant P 18 58 A 58 P 2 58 P 58 P 58 P 58 P 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 17 58 P 58 P 27 58 A 20 58 A 20 21 58 Restaurant, Take-out P 18 P 2 8 P 2 P P P P P 17 P 17 P 17 P 17 P 17 P 17 P 59 P 28 A 20 A 20 21 Showroom warehouse (single-product line) P 10 0 P 10 0 P 10 0 P 10 0 Specialty Food Store P 18 P 2 P P P P P P P P P 2 11 P P 27 Tile and Carpet P P P P 10 17 P 17 P 17 P 17 P 17 P 22 P 24 28 COMMERCIAL Services Auto Broker P P P P P P P P Auto/Car Wash (Polishing, Waxing, Detailing) A 60 C 60 C 60 C 60 A 60 Auto/Car Wash, Self- serve Bay C C C Automobile Rental A C 61 P C 3 61 C 61 P 16 61 P 16 61 P 16 61 P 16 61 Automotive, Minor Repair A 62 C 62 P 3 62 C 62 P 3 62 A 62 Automotive, Major Repair P 3 13 63 Automotive Window Tinting/Stereo Installation/Alarms A 64 P 64 P 64 C 64 P 64 P 26 Bar & Nightclub C C C C C 16 C 14 16 C 14 16 C 16 C 16 C 27 Caterer P P P P P P 22 C 2018 S-51 Repl. 8 Page 516 of 651 ………………………………………………….. 60. Auto/Car Washes (Polishing, Waxing, Detailing). ………………………………………………….. 61. Automobile Rental. a. C-3 District., C-4 District, and PCD District. Allowed as an accessory use to automotive, minor repair. Conditional use approval is required if use will require on-site storage of vehicles In addition, the following criteria must be met: (1) Location. On sites greater than seventy-five (75) acres and only within a separate building in a shopping center a Automobile r Rental is allowed shall be subject to the following additional conditions: (a) Location. The customer service area shall be located within the building being used for an automotive, minor repair; Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan; (b) Vehicle Storage. No more than twelve (12) automobiles shall be stored on-site for the purpose of rental, and such automobiles shall be stored in marked stalls; Vehicles for rent may only be stored in marked stalls if said parking stalls are in excess of the minimum required parking spaces for the site/use(s). A maximum of 20 vehicles may be stored in these marked stalls. An additional amount, up to another 20 vehicles, may be allowed within service areas or non- circulation areas of the site, if determined by staff to be feasible and non-detrimental to service and emergency operations, as well as general vehicular circulation. No required landscaping shall be removed to accommodate the supplemental parking area; (c) Vehicle Maintenance. No fueling or refueling servicing of automobiles shall be permitted on- site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right-of-way, or if located within a fully enclosed building; (d) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. b. C-4 District. Automotive, minor repair is allowed as an accessory use to automobile rental, provided that the service and maintenance of the fleet vehicles is relegated to the rental operation and not open to the public. c. PCD District. Uses listed as conditional uses would be considered permitted uses if the following conditions are met: (1) If shown on the originally approved master plan; (2) Uses will not be subject to the minimum acreage requirements of the C -3 zoning district if the site meets the minimum acreage requirement for rezoning to PCD; and (3) All portions of any building dedicated to such use are separated from residentially zoned property by a distance of two hundred (200) feet. d. b. MU-3 District, MU-4 District, and MU-C District., and SMU District. The indoor storage/display of fleet rental vehicles shall be required. are permitted but shall not exceed ten thousand (10,000) square feet. Conditional Use approval shall be required if all or a portion of the inventory is located within a parking garage/structure. (1) Automobile Rental shall be subject to the following additional conditions: 9 Page 517 of 651 (a) Location. Automobile Rental establishments shall be located at three-way or four-way intersections involving arterial and collector rights-of-way, as designated by the Comprehensive Plan, (1) (b) Access. Shall not be directly from any major roadway. (2) (c) Storage. No outside storage of materials, parts, and vehicles. equipment. (3) (d) Design. Pursuant to Chapter 4, Article III, Section 3. A.7., overhead doors shall not be visible from any major roadway frontage. (e) Vehicle Storage. All rental vehicles must be located within marked stalls and only in parking spaces in excess of the minimum required parking spaces for the site/use(s). Said spaces shall be marked for the sole use of the rental operation only. (f) Vehicle Maintenance. No fueling or servicing of automobiles shall be permitted on-site. Car washing and vacuuming may be allowed if conducted in a service area not visible from any right - of-way, or if located within a fully enclosed building. (g) Pre-existing Uses. Any pre-existing and licensed Automobile Rental establishment will not be considered non-conforming and may apply to increase their rental inventory through the Conditional Use process. 62. Automotive, Minor Repair. …………………………………………………………………….. 10 Page 518 of 651 ARTICLE V. SUPPLEMENTAL REGULATIONS Sec.1. General ………… Sec. 3. Common Building Appurtenances, Freestanding Structures, and Site Amenities, Excluding Walls and Fences. ………… D. Swimming Pools and Spas. Unless otherwise regulated by a master plan or site plan for a planned development, in-ground and above-ground swimming pools and spas (less than thirty- six (36) inches in height) shall be setback at least eight (8) feet from rear and side interior property lines; however, such required setbacks may be reduced to two (2) feet in instances where the rear or side interior yard, whichever is applicable, abuts a body of water, golf-course, an improved road, railroad, or highway right-of-way, or a non-residential property. The required setback may be further reduced in such situations, but only upon the determination of the Director of Planning and Zoning when determined necessary to 1) comply with all applicable rules and regulations; 2) be of minimum scale that will make possible the reasonable use of land; and 3) have no impact to abutting properties. For clarification, the provision to reduce setbacks shall only be available within the yard(s) along property lines abutting the qualifying undevelopable or non-residential lands. Above- ground swimming pools and spas greater than thirty-six (36) inches in height shall be setback ten (10) feet from rear and side interior property lines. In all instances, swimming pools and spas shall not be allowed within the required front or corner side yards, including forward of the front or side corner building lines. Swimming pools and spas shall be restricted to rear and interior side yards, except in circumstances as noted below on corner lots. To provide flexibility on corner lots while also preserving the intended appearance of the streetscape, an in-ground pool or spa shall be allowed in the front and corner side yards, with a minimum setback of fifteen (15) feet from the property line abutting the right-of-way, when the orientation of the house and site improvements preclude the siting of an in-ground pool and/or spa within the rear or interior side yards. The swimming pool must be screened with an opaque fence, wall, or dense landscaping installed at a minimum of four (4) feet in height (note that other regulations may be applicable for fence heights and setbacks within the Supplemental Regulations section of the Land Development Regulations). No appurtenance associated with the pool may extend above the height of the visual screening installed (i.e. screen enclosure, shade structure/tiki hut, or other similar equipment/structure), unless elsewhere permitted in the Land Development Regulations. 1. Private Pump Housing and Equipment. Private pump housing and equipment for swimming pools (and spas) shall be setback at least three (3) feet from the rear and interior side property lines and adequately screened where visible from abutting rights-of-way or properties zoned for single-family residential dwellings. Private pump houses and equipment shall not be 11 Page 519 of 651 allowed within the required front or corner side yards, including forward of the front or corner side building lines, unless approved for an administrative adjustment if it is determined that no other on-site location is available or feasible. See Chapter 2, Article II, Section 4.A. for the regulations pertaining to the administrative adjustment process. 2. Miscellaneous. See the Florida Building Code for additional regulations regarding barrier requirements around a swimming pool. ………………………………………………………………….. 12 Page 520 of 651 Z. Electric Vehicle (EV) Charging Station. 1. Permits Required. The installation of an EV charging station shall comply with all applicable regulations and permitting requirements required by life-safety/building codes and these land development regulations. 2. Allowable Location(s). EV charging stations shall be allowed in all zoning districts, but only in connection with a lawful principal use. In addition, the following restrictions shall apply: a. In residential zoning districts, EV charging stations shall not be available for public usage, except for where used in connection with a non-residential use; b. All EV charging stations shall be located within a conforming parking space or upon an on-site area that is specifically designed and designated for EV charging. For nonresidential uses, any parking stall with EV charging is allowed to be used in the computation for meeting the minimum number of required off-street parking spaces. The preferred location shall be such that a single EV charging station could service two (2) parking stalls. c. The provision for an EV charging station may vary based on the design and use of the primary parking lot; however in all instances, the proposed location must ensure the safe and efficient flow of vehicular and pedestrian traffic. EV charging stations, including its associated equipment and power cords, shall not traverse sidewalks, accessible routes, or other pedestrian areas. Likewise, the placement of each EV charging station shall not conflict with landscaping to the extent that the purpose and intent of the landscape code is no longer met. d. No EV charging station shall be installed within a designated handicap space unless it is specificall y designed and intended for handicap use only; e. Level 3 EV charging stations shall be prohibited in all residential zoning districts or in connection with any residential use; and f. A vendor may be allowed to install EV infrastructure on public lands or rights-of-way, but only contingent upon the granting of all necessary approvals and/or agreements with the City Commission and all applicable agencies. 3. Signage. Also see Chapter 4, Article IV, Section 4.D for special signage that is allowed in connection with EV charging stations. 4. Maintenance. EV charging station equipment shall be maintained in all respects, including the proper functioning of the charging equipment. A current phone number and other contact information shall be provided on the charging station equipment for the party responsible for maintenance and operation of the equipment. 5. Safety. Information on the EV charging station must identify voltage and amperage levels and time of use, fees, or safety information. When the EV charging station space is perpendicular or at an angle to curb face and charging station equipment, adequate equipment protection such as wheel stops or bollards shall be used. 13 Page 521 of 651 6. Data to be Available. To allow for maintenance and notification, owners of any new public EV charging station shall provide information on the station's geographic location, date of installation, equipment type and model, and owner contact information. This information shall be submitted to the Director of Public Works. 7. Restrictions. The property owner of a public EV charging station shall have the authority to place restrictions on the number of hours that an EV is allowed to charge, in order to deter indefinite charging/parking. AA. In-ground Storm Shelter. 1. Allowable Location(s). In-ground shelters shall be allowed in all residential zoning districts, but only in conjunction with a lawful principal use. In addition, the following restrictions shall apply: a. The shelter may only be allowed in the side interior yard under the following conditions: (1) The shelter may not be placed in any easements. (2) No more than three (3) feet of the structure extends above ground; (3) Any portion of the structure above ground must be setback a minimum of three (3) feet from the side property line, and may not extend forward of the front building line. b. The shelter may be located in the rear yard under the following conditions: (1) The shelter may not be placed in any easements. (2) The structure may not exceed the height of the principal structure within fifteen (15) feet of the rear property line. (3) Between fifteen (15) feet and five (5) feet of the rear property line, the structure may not exceed a height of five (5) feet. (4) A minimum five (5) foot rear setback is required. (5) The portion of the shelter located above ground shall be calculated in the maximum allowable lot coverage. 14 Page 522 of 651 AA. BB Miscellaneous. 1. Amusement Rides. Miscellaneous structures, such as coin-operated rides and other amusement devices, shall only be allowed within the principal structure, excluding those used in conjunction with an arts, entertainment, and recreational establishment. 2. Donation Bins. See Chapter 4, Article III, Section 3.F.3. for additional standards regarding donation bins. 3. Helicopter Pads (aka Helistops). See City Code of Ordinances Part II, Chapter 15, Article V for regulations regarding aircraft landing facilities. 4. Animal Enclosures. See City Code of Ordinances Part II, Chapter 4 for the regulations regarding animal enclosures (dog houses). 5. Newsracks. See City Code of Ordinances Part II, Chapter 15, Article VI for regulations regarding newsracks. 6. Other Structures and Amenities. All other amenities and structures that are similar, but not specifically mentioned in the above, shall require applications to the Director of Development. (Ord. 10-025, passed 12-7-10; Am. Ord. 12-002, passed 3-6-12; Am. Ord. 12-016, passed 10-2- 12; Am. Ord. 13-020, passed 7-2-13; Am. Ord. 16-014, passed 7-5-16; Am. Ord. 17-038, passed 1-2-18; Am. Ord. 19-007, passed 2-5-19) 15 Page 523 of 651 8.B. PUB L I C HE A RI NG 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed Ordinance No. 20-002 - Second Reading - Approving the Boy nton Beac h Mall Rezoning from C-3, Community C ommercial, to S MU, Suburban Mixed Use. Applicant: City -initiated. (This agenda item was tabled fr om the January 21, 2020 Commission Meeting.) Explanation of R equest: The Boynton Beach Mall (the Mall) encompasses approximately 108 acres and currently has five (5) owners. The four parcels that constitute the largest part of the area are owned by W ashington Prime Group (Boynton Beach Mall L L C ). Other property owners inc lude Macy’s Florida Stores, Regional Enterprises, I star Florida 2015 Cinemas and Christ Fellowship Church. The Mall’s main, single-story struc ture houses the anc hor retail tenants of Mac y’s, Dillards and J C Penney as well as the Christ Fellowship Church. The other two buildings are the Cinemark Boynton B each movie theater and Texas Roadhouse restaurant. The Boynton Beac h Mall was built as a Development of Regional I mpac t (D RI ) pursuant to the provisions of Chapter 380.06 of the Florida Statutes. The D evelopment Order for the D RI expired in 2012, but the Mall retained the D RI future land use c ategory until April 16, 2019 adoption of the F L UM amendment that c hanged the classification from D RI to Mixed Use Low (MX L). I n a follow-up to this city -initiated action, Bonnie Miskel, on behalf of W ashington Prime, submitted a request for rezoning of the mall from the current C-3 Community C ommercial district to the S MU, Suburban Mixed Use district. I t should be noted that the S MU is the only district corresponding to the MX L future land use classification for properties loc ated west of I nterstate 95, and henc e the only zoning option for the MX L-designated Mall. The Pine Preserve, a part of the Boynton Beach Mall L L C property located in the northwest area of the site, is not inc luded in the rezoning. The preserve retained its Recreational (R) FLU category, and thus will also retain its recreational (RE C) zoning. I t is, however, intended to be a part of the Master Plan for the Mall. The Planning & D evelopment B oard reviewed this request at its D ecember 9, 2019 meeting and recommended it for approval. Since that Board meeting and first reading of the O rdinance by the City Commission, W ashington Prime has been coordinating with the other proper ty owners as they draft up a Master Plan. As the discussions amongst the parties have continued and not yet reached conclusion, staff decided to assume the role as petitioner for rezoning, in or der to prevent further delay in completing this pr ocess which began with the Future Land U se reclassification of the property. As noted earlier in the cover sheet, since ther e is only one (1) zoning district, Suburban Mixed Use (S MU ), which corresponds with the current Mixed Use Low (MXL) land use designation, it makes sense to complete this process, rather than leave the Mall site with an inconsistent zoning designation. Since the City is completing the rezoning application, rather than the or iginal applicant, the Master Plan Modification will not require approval at the same time. This allows the Mall property owners time to complete their discussions and design concepts, and when ready, to return to the C ommission with a r equest for Master Plan Modification approval. No new site plans can be approved for the site until the owners complete the Master Plan Modification approval process. How will this affect city programs or services? No signific ant impact on either programs or services Page 524 of 651 Fiscal Impact: None at this time, but the future redevelopment of the Mall will c ontribute to the City ’s tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: The subject item is located within an area subjec t to a planning study identified to be completed under Strategic Plan P rojec t 2.6.1. Subject application represents a key c omponent within the future Congress Avenue Corridor (Mall) D istrict. Climate Action: N o Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance approving Boy nton Mall Rezoning Staff Report Staff report Location Map E X HI B I T A1. B B MA L L Ownership Location Map E X HI B I T A2. B B MA L L Aerial Location Map E X HI B I T B. B B MA L L C urrent F LU Location Map E X HI B I T C. B B MA LL Current Zoning Location Map E X HI B I T D. B B MA LL Proposed Zoning Page 525 of 651 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall - Rezone - Ordinance.docx ORDINANCE NO. 20- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 4 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 5 BOYNTON MALL FROM COMMUNITY COMMERCIAL (C-3) TO 6 SUBURBAN MIXED USE (SMU); PROVIDING FOR CONFLICTS, 7 SEVERABILITY, AND AN EFFECTIVE DATE. 8 9 WHEREAS, the City Commission of the City of Boynton Beach, Florida has adopted 10 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 11 WHEREAS, the property owner has made application to rezone land, said land being 12 more particularly described hereinafter, from Community Commercial (C-3) to SUBURBAN 13 MIXED USE (SMU); and 14 WHEREAS, the City Commission conducted public hearings as required by law and 15 heard testimony and received evidence which the Commission finds supports a rezoning for the 16 property hereinafter described; and 17 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 18 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 20 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21 Section 1. The foregoing Whereas clauses are true and correct and incorporated 22 herein by this reference. 23 Section 2. The land herein described be and the same is hereby rezoned from 24 Community Commercial (C-3) to SUBURBAN MIXED USE (SMU). A location map is 25 attached hereto as Exhibit “A” and made a part of this Ordinance by reference. Legal 26 Description: 27 28 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 29 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 30 31 A TRACT OF LAND LOCATED IN SECTION 19, TOWNSHIP 45 SOUTH, RANGE 43 EAST, 32 COUNTY OF PALM BEACH, FLORIDA, AND FURTHER DESCRIBED AS FOLLOWS: 33 BEGINNING AT THE SOUTHEAST CORNER OF SECTION 19, TOWNSHIP 45 SOUTH, 34 RANGE 43 EAST; THENCE N.0°59'39'W. ALONG THE EAST LINE OF SECTION 19, A 35 DISTANCE OF 1898.10 FEET TO A POINT; THENCE S.89°00'21"W., A DISTANCE OF 60.00 36 FEET TO THE PRINCIPAL POINT AND PLACE OF BEGINNING OF THE FOLLOWING 37 DESCRIPTION: THENCE S.88°05'26''W., A DISTANCE OF 846.73 FEET TO A POINT; 38 THENCE S.43°32'54"W., A DISTANCE OF 57.02 FEET TO A POINT; THENCE S.0°59'39"E., 39 A DISTANCE OF 258.27 FEET TO A POINT; THENCE S.16°46'44"E., A DISTANCE OF 199.60 40 Page 526 of 651 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall - Rezone - Ordinance.docx FEET TO A POINT, THENCE S.0°59'39''E., A DISTANCE OF 102.20 FEET TO A POINT; 41 THENCE S.44°46'34''E, A DISTANCE OF 14.45 FEET TO A POINT ON THE NORTHERLY 42 LINE OF BOYNTON WEST ROAD (FORMERLY OLD BOYNTON ROAD); THENCE 43 N.89°46'34"W., ALONG SAID NORTHERLY LINE, A DISTANCE OF 1684.28 FEET TO THE 44 POINT OF INTERSECTION WITH THE EASTERLY LINE OF JAVERT STREET; THENCE 45 N.0°51'51"W., ALONG SAID EASTERLY LINE, A DISTANCE OF 1228.05 FEET TO A POINT; 46 THENCE S.87°58'21”W., A DISTANCE OF 20.01 FEET TO A POINT; THENCE N.0°51'51"W., 47 A DISTANCE OF 85.00 FEET TO A POINT; THENCE N.87°58'21'E., A DISTANCE OF 55.65 48 FEET TO A POINT; THENCE N.25°14'17''E., A DISTANCE OF 362.64 FEET TO A POINT; 49 THENCE N.0°53'26''W., A DISTANCE OF 362.94 FEET TO A POINT; THENCE N.32°13'52''E., 50 A DISTANCE OF 315.12 FEET TO A POINT; THENCE N.0°01'27''E., A DISTANCE OF 244.69 51 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF BOYNTON CANAL; 52 THENCE N.88°05'26''E., ALONG SAID SOUTH RIGHT -OF-WAY LINE, A DISTANCE OF 53 1801.04 FEET TO A POINT; THENCE S.0°59'39"E, A DISTANCE OF 472.86 FEET TO A 54 POINT; THENCE N.88°05'26''E., A DISTANCE OF 328.87 FEET TO A POINT ON THE 55 WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0°59'39''E., ALONG SAID 56 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO A POINT; THENCE N.46°27'06'W., A 57 DISTANCE OF 56.11 FEET TO A POINT; THENCE S.88°05'26”W., A DISTANCE OF 430.00 58 FEET TO A POINT; THENCE S.0°59'39"E., A DISTANCE OF 609.99 FEET TO A POINT; 59 THENCE N.88°05'26''E., A DISTANCE OF 430.00 FEET TO A POI NT; THENCE N.43°32'54"E., 60 A DISTANCE OF 57.02 FEET TO A POINT ON THE WESTERLY LINE OF CONGRESS 61 AVENUE; THENCE S.0°59'39"E., ALONG SAID WESTERLY LINE, A DISTANCE OF 170.01 62 FEET TO A POINT; THENCE N.46°27'06"W., A DISTANCE OF 56.11 FEET TO A POINT; 63 THENCE S.88°05'26"W., A DISTANCE OF 608.00 FEET TO A POINT; THENCE S.0°59'39"E., 64 A DISTANCE OF 230.00 FEET TO A POINT; THENCE N.88°05'26"E., A DISTANCE OF 340.00 65 FEET TO A POINT; THENCE S.0°59'39"E., A DISTANCE OF 150.00 FEET TO A POINT; 66 THENCE S.88°05'26"W, A DISTANCE OF 340.00 FEET TO A POINT; THENCE S.0°59'39''E., 67 A DISTANCE OF 229.99 FEET TO A POINT; THENCE N.88°05'26''E., A DISTANCE OF 608.00 68 FEET TO A POINT; THENCE N.43°32'54''E, A DISTANCE OF 57.02 FEET TO A POINT ON 69 THE WESTERLY LINE OF CONGRESS AVENUE; THENCE S.0°59'39''E, ALONG SAID 70 WESTERLY LINE, A DISTANCE OF 130.01 FEET TO THE PRINCIPAL POINT AND PLACE 71 OF BEGINNING. 72 73 CONTAINING 4,796,896 SQUARE FEET, 110.121 ACRES, MORE OR LESS. 74 SUBJECT TO EASEMENTS, RESERVATIONS, AND/OR RIGHTS-OF-WAY OF RECORD. 75 76 77 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 78 accordingly. 79 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 80 Section 5. Should any section or provision of this Ordinance or any portion thereof be 81 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 82 remainder of this Ordinance. 83 Section 6. This ordinance shall become effective immediately upon passage. 84 FIRST READING this _____ day of _______________, 2020. 85 Page 527 of 651 S:\CA\Ordinances\Planning\Rezoning\Boynton Mall - Rezone - Ordinance.docx SECOND, FINAL READING and PASSAGE this _____ day of ___________, 2020. 86 CITY OF BOYNTON BEACH, FLORIDA 87 YES NO 88 89 Mayor – Steven B. Grant _____ _____ 90 91 Vice Mayor – Justin Katz _____ _____ 92 93 Commissioner – Mack McCray _____ _____ 94 95 Commissioner – Christina L. Romelus _____ _____ 96 97 Commissioner – Ty Penserga _____ _____ 98 99 VOTE ______ 100 ATTEST: 101 102 103 104 _____________________________ 105 Crystal Gibson, MMC 106 City Clerk 107 108 109 110 (Corporate Seal) 111 Page 528 of 651 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 “A1”) 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 529 of 651 Page 2 Boynton Beach Mall REZN 19-001 2 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, W almart 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 2 015 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.. Page 530 of 651 Page 3 Boynton Beach Mall REZN 19-001 3 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.B.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. Page 531 of 651 Page 4 Boynton Beach Mall REZN 19-001 4 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 th e 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 1.3.1d 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 Page 532 of 651 Page 5 Boynton Beach Mall REZN 19-001 5 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) 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). Solid Waste. The Palm Beach County Solid Waste Authority determined that sufficient disposal capacity will be available at the existing landfill through approximately the year 2046. Drainage. Drainage will be reviewed in detail as part of site plans, land development, and building permit review processes. Page 533 of 651 Page 6 Boynton Beach Mall REZN 19-001 6 Traffic. 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) 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; Page 534 of 651 Page 7 Boynton Beach Mall REZN 19-001 7 (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, Page 535 of 651 Page 8 Boynton Beach Mall REZN 19-001 8 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).” i. 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 III 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 Page 536 of 651 N Congress AveJavert StOld Boynton Rd BOYNTON BEACH MALL LOCATION MAP 0 125 250 375 50062.5 Feet EXHIBIT A1 µ MACYS DILLARDS CHRIST FELLOWSHIP ISTAR REGIONAL E NTE RPR. LE GEND Owner s other than Boynton Mall LLCCity boundary OWNERSHIP OF PROPERTIES Boynton Beach Mall LLC Page 537 of 651 BOYNTON BEACH MALL LOCATION MAP 0 150 300 450 60075Feet LE GEND EXHIBIT A2 µCity boundary Boynton Canal N Congress AveJavert StreetOld Boynton Rd Page 538 of 651 BOYNTON BEACH MAL L FLU CLASSIFICATION 0 160 320 480 64080Feet LE GE ND: FLU classifications EXHIBIT B µ RECREATIONAL (R ) DEVELOPMENT OF REG IONAL IM PACT (DRI) LOCAL RETAIL COMM ERCIAL (LRC) OFFICE COM MERCIAL (OC) MIXED USE LOW (M XL); 20 D.U./Acre MEDIUM DENSITY RESIDENTIAL (M EDR); 11 D.U./Acre Mixed Use Low (MXL) Page 539 of 651 BOYNTON BEACH MALL CURRENT ZONING 0 160 320 480 64080Feet LE GE ND: ZONING DISTRICTS EXHIBIT C µ CURR ENT ZONING: C-3COMMUNITY COMMERCIAL PUD Planned Unit Development C1 Office P rofessional C3 Com munity Commercial PCD Planned Comm ercial Development SMU Suburban Mixed Use, 20 du/ac REC Recreation Page 540 of 651 BOYNTON BEACH MALL PROPOSED ZONING 0 160 320 480 64080Feet LE GE ND: ZONING DISTRICTS EXHIBIT D µ PROPOSED ZONING: SMUSUBURBAN MIXED USE PUD Planned Unit Development C1 Office P rofessional C3 Com munity Commercial PCD Planned Comm ercial Development SMU Suburban Mixed Use, 20 du/ac REC Recreation Page 541 of 651 9.A. C I TY MANA GE R’S RE P ORT 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed R esolution N o. R20-059 - Approve First Amendment to F Y 2019-2020 Ac tion Plan and Second Amendment to C itizen Participation Plan to I mplement C D B G C A RE S A C T S mall Business Grant Program. Explanation of R equest: Proposed - 1st Amendment to P Y 2019-2020 Annual Action Plan On April 2, 2020, the U.S. D epartment of Housing and Urban Development informed the City of an award of $351,815 in supplemental C ommunity Development Bloc k Grant (C D B G) funding for grants to prevent, prepare for, and respond to the c oronavirus pandemic, (C D B G-C V grants) whic h were made available through the C A RE S Ac t. Under the City’s C itizen Participation Plan, as amended, a substantial amendment is required for the City to quic kly receive and administer these funds to meet the needs of the City ’s low- and moderate-income (L MI ) households and individuals (80% or less of the Palm B each C ounty Area Median I nc ome). Under the proposed amendment, the C D B G-C V funds will be alloc ated by adding the following ac tivity : Small Business Grant Program: $351,815 Alloc ate funding to provide grants of up to $10,000 to enable small businesses (25 or less employees) or mic ro-enterprises (five or less employees including owner) to invest and survive the c oronavirus pandemic through the payment of payroll, commercial lease pay ments, C OV I D-19 safety requirements, and inventory. Businesses must be located in the City limits and c annot have rec eived a P ay chec k Protec tion Loan or other C OV I D-19 related assistance. Proposed 2nd Amendment to the Boynton Beach C itizen Participation Plan As part of this amendment, the c ity has revised the Consolidated Plan’s Citizen Participation Plan to include the 5-day comment period and virtual hearings. How will this affect city programs or services? Failure to approve amendments c ould affect the C ity's ability to administer C A RE S AC T funds. Fiscal Impact: Non-budgeted The c ontinuation of rec eiving C D B G Funding. Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Page 542 of 651 Climate Action: N o Climate Action Discussion: N/A Is this a grant? No G rant Amount: AT TAC H ME N TS : Type Desc ription Resolution Resolution approving amendment to C D B G Ac tion Plan Attachment Small Business Grant Program Attachment C I TI ZE N PA RTI C I PATI ON P L A N Page 543 of 651 S:\CA\RESO\Amendments to CDBG One Year Action Plan 2019-20 and Small Business Grant Program - Reso.docx 1 RESOLUTION R20- 1 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING FIRST AMENDMENT TO FY 2019-2020 4 ACTION PLAN AND SECOND AMENDMENT TO CITIZEN 5 PARTICIPATION PLAN TO IMPLEMENT CDBG CARES ACT 6 SMALL BUSINESS GRANT PROGRAM; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 10 WHEREAS, on April 2, 2020, the U.S. Department of Housing and Urban 11 Development informed the City of an award of $351,815 in supplemental Community 12 Development Block Grant (CDBG) funding for grants to prevent, prepare for, and respond to 13 the coronavirus pandemic, (CDBG-CV grants) which were made available through the CARES 14 Act; and 15 WHEREAS, under the City’s Citizen Participation Plan, as amended, a substantial 16 amendment is required for the City to quickly receive and administer these funds to meet the 17 needs of the City’s low- and moderate-income (LMI) households and individuals (80% or less 18 of the Palm Beach County Area Median Income); and 19 WHEREAS, under the proposed amendment, the CDBG-CV funds will be allocated 20 by adding the following activity: 21 Small Business Grant Program: $351,815 22 Allocate funding to provide grants of up to $10,000 to enable small businesses 23 (25 or less employees) or micro-enterprises (five or less employees including 24 owner) to invest and survive the coronavirus pandemic through the payment 25 of payroll, commercial lease payments, COVID-19 safety requirements, and 26 inventory. Businesses must be located in the City limits and cannot have 27 received a Paycheck Protection Loan or other COVID-19 related assistance. 28 29 WHEREAS, as part of this amendment, the City has revised the Consolidated Plan’s 30 Citizen Participation Plan to include the 5-day comment period and virtual hearings. 31 Page 544 of 651 S:\CA\RESO\Amendments to CDBG One Year Action Plan 2019-20 and Small Business Grant Program - Reso.docx 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 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 hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 37 approve the First Amendment to FY 2019-2020 Action Plan and Second Amendment to Citizen 38 Participation Plan to Implement CDBG CARES ACT Small Business Grant Program, copies 39 of which are attached hereto as Exhibit “A” and “B” respectively. 40 Section 3. This Resolution will become effective immediately upon passage. 41 PASSED AND ADOPTED this _____ day of June, 2020. 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor – Steven B. Grant _____ _____ 47 48 Vice Mayor – Ty Penserga _____ _____ 49 50 Commissioner – Justin Katz _____ _____ 51 52 Commissioner – Woodrow L. Hay _____ _____ 53 54 Commissioner – Christina L. Romelus _____ _____ 55 56 VOTE ______ 57 ATTEST: 58 59 60 _____________________________ 61 Crystal Gibson, MMC 62 City Clerk 63 64 65 66 (Corporate Seal) 67 Page 545 of 651 Page 1 of 2 CITY OF BOYNTON BEACH Community Development Block Grant (CDBG) CARE ACT - COVID-19 Small Business Grant Program Program Time Period: Participation Guidelines Maximum Assistance: Up to $10,000.00 (Subject to Funds Availability) Eligible Business: Any small business with 25 or less employees) located in the City limits of Boynton Beach affected by COVID-19 and has not receive Paycheck Protection Loan (PPL) and/or other COVID-19 related assistance. Eligibility Criteria: • Applications will be processed on a First Qualified, First Served basis. • Businesses are eligible to apply for assistance one time ONLY. • Businesses with 25 or less employees. • Businesses must have been operating since October 1, 2019 and still operating as of March 1, 2020. • Business must not be a publicly traded company. • Total gross receipts of business are less than 3 million. • Must be located within the City of Boynton Beach city limits . • Businesses must be located outside of the Boynton Beach CRA area. • Must be a privately held for-profit business or a sole proprietor (Non-Profits are ineligible). • Must have an active City of Boynton Beach Business Tax Receipt (BTR). • Must be registered with SunBiz.org. • Home based business may only use the loan for payroll expenses and are not eligible for rent or utility expenses. • If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may only sign the application on behalf of one business. (Note: this means that if one or more eligible businesses have a Principal/Owner in common, only one of those businesses may apply for the Program, even if the business(es) has(have) more than one Principal/Owner). • All supporting documentation must be in the same name as indicated BTR. • Applications will not be considered until all required documentation is submitted to the City. Eligible Reimbursable Uses: • Salaries/Payroll. • Commercial Lease, Commercial Mortgage, or Commercial Rental Payments. • Commercial Utility Payment. • Expenses due to new COVID 19 Safety provision. • Inventory. Page 546 of 651 Page 2 of 2 Required Documentation: • Signed Request for Funding Application with all the disclosures, and certifications. • Copy of current/active City of Boynton Beach Business Tax Receipt . • Copy of current/active Registered Business on SunBiz.org. • A description of the impact of COVID-19 on your business – must demonstrate loss of revenue. Must include supporting financial statements (bank statements, cash flow statement, 2019 and/or 2018 tax returns and schedules accounting documents, etc.). • Documentation to support the applicant’s request for funding payroll, rent/mortgage, or utility expenses. o Examples include, but are not limited to invoices, receipts, paystubs, utility bills or other acceptable evidence of payment or expenses associated with the loan request. Applicants may redact sensitive information such as employee names, addresses, identification numbers, etc. • Executed Leased Agreement (if applicable). • Most Recent Utility Statement (if applicable). • Most Recent Mortgage Statement (if applicable). • Completed Boynton Beach Business Assessment Survey . • Promissory Note. PROGRAM ADMINISTRATION: • Applicant(s) will be selected on a first-qualified, first-served basis. • Any funds expended prior to April 1, 2020 are ineligible for program funding. • The City of Boynton Beach Community Improvement Division (CID) will partner with the City of Boynton Beach Economic Development Department to process the business grant application. When all conditions of the program are met, the City of Boynton Beach Community Improvement staff will coordinate the Closing, and forward payment to appropriate entity. Page 547 of 651 1 CITY OF BOYNTON BEACH CITIZEN PARTICIPATION PLAN AMENDED 3/7/13 (1ST AMENDMENT) AMENDED 6/9/20 (2ND AMENDMENT) 2nd Amendment (pages 1 and 5) - June 9, 2020– Citizen Participation Plan for the COVID-19 Disaster Declaration Coronavirus Health Crisis of 2020 Pandemic Response Per federal regulations at 24 CFR 91.105, the City of Boynton Beach must adopt a Citizen Participation Plan (CPP) that sets forth its policies and procedures for citizen participation and gives its citizens “Reasonable Notice and Opport unity to Comment” on the management and use of federal grant funds received from the U.S. Housing and Urban Development (HUD). When a change in federal regulations or programs require changes in the CPP and community input, the CPP may need to be amended , go through a community input process o n the amendment, and adopted by the City’s authorizing body. As a result of the unprecedented Coronavirus health crisis of 2020 and its impact on the U.S. economy, Congress approved the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) and made available supplemental Community Development Block Grant (CDBG), Emergency Solution Grant (ESG) and Housing Opportunities for Persons With Aids (HOPWA) funding for grants to prevent, prepare for, and respond to Coronavirus (CV grants). The CARES Act also provides the City with the flexibility to make it easier to use CARES Act grant funds and fiscal years 2019 and 2020 grants for expeditious Coronavirus response by authorizing HUD to grant waivers and alternative requirements for specified periods as noted below. Due to the need for expediting distribution of new funding under the CARES Act, and national/local recommended social distancing guidelines and stay at home orders, HUD has authorized grantees such as the City of Boynton Beach to amend its CPP to establish expedited procedures and waive in-person public meetings. The CPP is hereby amended to include the following changes: • In response to the Covid-19 Disaster Declaration, in a Memorandum issued March 31, 2020, HUD has waived the 30-day minimum for the required public comment period. It now allows for a 5-day comment period on substantial amendments to the Consolidated Plan/Action Plans through the end of the City’s 2020 program year. The City will shorten its public comment period from Page 548 of 651 2 30 to 5 days. If the City wishes to make further amendments to prior plans following the 2020 program year, the City can do so during the development of FY 2021 Annual Action Plan. • Includes virtual hearings as an allowed citizen participation method for public meetings and focus groups. If virtual hearings are used, real -time responses must be facilitated and accommodations for persons with disabilities and/or with limited English proficiency will be made a vailable to the greatest extent possible with reasonable notice. • Updates the types of declared disasters or emergency events to include terrorism and infectious diseases, such as the recent Coronavirus 19 (COVID - 19) pandemic, that may necessitate expedited substantial amendments. • Includes by reference provisions relative to Consolidated Plan citizen participation, and Community Development Block Grant (CDBG) waivers made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. • Provides details on possible actions, including reprogramming of funding, addition of funding to related activities, changes in scope of activities, and types of possible activities that may be undertaken in response to the declared disasters or emergency events such as COVID-19 pandemic. • Makes minor edits that do not change the current intent and policies of the CPP. Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CFR 91.105. The plan sets forth the City’s policies and procedures for Citizen Participation as it relates to the federally required Consolidated Plan (all references to the Consolidated Plan also applies to the Annual Action Plan). The City of Boynton Beach will exert every effort to make sure that all citizens of the community, including members of racial and ethnic minorities, persons with limited English Proficiency, and people with disabilities will be vigorously encouraged to participate in all planning stages of the consolidated planning process, substantial amendments to the plan, and performance review process, as specified in 24 CFR 91.105 (a) (2) (ii). The City especially encourages participation by citizens of low, very low and extremely low-income neighborhoods (particularly those within the CDBG target areas). Page 549 of 651 3 In the absence of its own Housing Authority, the City of Boynton Beach also encourages consultation with the Palm Beach County Housing Authority , The Delray Beach Housing Authority, the City of West Palm Beach Housing Authority, the participation of tenants of the Authority’s developments, residents of Section 8 subsidized housing, minorities and non-English speaking persons, persons with mobility, visual, and hearing impairments. Adoption of the Consolidated Plan 1. Prior to adoption of the Consolidated Plan, the City of Boynton Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant fun ds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low, very low, and extremely low income. This information will be disseminated through the following methods: • Churches, synagogues, and other religious institutions • Nonprofit social service agencies which provide services to residents of CDBG area • Day care centers with high populations of persons with limited English Proficiency • Newspapers of general circulation • Newspapers and radio stations marketed specifically to citizens with limited English proficiency The City of Boynton Beach will also use the city’s utility billing system as a way of marketing CDBG affected programs. 2. To assure the public adequate time and opportunity to comment on the contents of the Consolidated Plan, the City shall publish notice of the proposed Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The notice shall describe the purpose of the Plan and shall include the location where copies of the Plan may be fully examined. Upon request, copies of the Plan shall be made available to groups and citizens at no charge. 3. One public hearing shall be held during the development of the Consolidated Plan. 4. A period of not less than 30 days shall be established to receive comments from citizens on the Consolidated Plan. Page 550 of 651 4 5. The City shall consider any comments or views of citizens received in writing, or verbally at the public hearing, in preparing the final version of the Plan. A summary of these comments or views not accepted and the reasons, therefore, shall be attached to the final Consolidated Plan. Amendments to the Consolidated Plan 1. A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding (by more than 20%) of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG) eligible activity. 2. The City shall publish in a local newspaper, details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 15 days to provide comments prior to implementation of the amendment. 3. The City shall consider any comments or views of citizens received in writing, or verbally at public hearings, if any, in preparing the substantial amendment to the Consolidated Plan. A summary of these comments or views and a summa ry of any comments or views not accepted and the reasons, therefore, shall be attached to the substantial amendment to the Consolidated Plan. Performance Reports 1. The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of said reports and providing the public with not less than 15 days to comment on the reports, prior to submission to HUD. 2. The City shall consider any comments or views of citizens received in wri ting, or verbally at public hearings preparing the performance report. A summary of these comments or views shall be attached to the performance report. Public Hearings 1. The City shall provide for at least two public hearings per year to obtain citizens’ and public agencies’ views and comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance, and another hearing shall be held prior to submission of the Consolidated Plan in order to provide opportunity for citizens to comment on housing and community development needs and to review proposed uses of funds. Page 551 of 651 5 2. At least a one-week advance notice of each public hearing shall be provided to the public. These notices shall be published in a local newspaper. 3. Public hearings shall be held at times and locations convenient to potential and actual beneficiaries and in accordance with the provisions of the ADA with accommodations for persons with disabilities and auxiliary aids or services will be provided upon request with at least three (3) days notice. Hearing impaired citizens may contact the Community Improvement Department of the City of Boynton Beach at (561)742-6066 through the Florida Relay Service numbers at (800) 955-8771 (TTY) or (800) 955-8770 (Voice) for assistance. 4. The City will provide appropriate auxiliary aides and services that are necessary to afford individuals with hearing and vision impairments an equal opportunity to access and participate in such hearings. These may include effective methods that make aurally delivered information available to individuals who are deaf or hard of hearing, and visually delivered materials available to individuals who are blind or have low vision. The type of auxiliary aid or service necessary to e nsure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. To be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability 5. These public hearings shall be held during convenient hours at City Hall or public facilities located within the CDBG target areas. 6. Interpreters shall be provided upon request. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted consolidated Plan, substantial amendments, and performance reports may be obtained in an alternative format. To obtain an alternative format of either document people may contact the Division of Community Improvement, 100 East Boynton Beach Blvd., Boynton Beach, Florida, 33435. The telephone number of the office is (561) 742-6066. Page 552 of 651 6 Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan and the use of funds under pr ograms covered by 24 CFR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to groups representative of persons of low, very low and extremely low income that request such assistance in developing proposals for funding under any of the programs covered by t he Consolidated Plan, with the level and type of assistance determined by the City of Boynton Beach. The assistance need not include the provision of funds to the group. Complaints Complaints relating to the City’s Consolidated Plan, Amendments and Performance Reports should be submitted in writing to: The City of Boynton Beach Community Improvement Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 The City shall respond to all written complaints and grievances within 15 working days, when practical. Page 553 of 651 Page 1 of 2 CITY OF BOYNTON BEACH Community Development Block Grant (CDBG) CARE ACT - COVID-19 Small Business Grant Program Program Time Period: Participation Guidelines Maximum Assistance: Up to $10,000.00 (Subject to Funds Availability) Eligible Business: Any small business with 25 or less employees) located in the City limits of Boynton Beach affected by COVID-19 and has not receive Paycheck Protection Loan (PPL) and/or other COVID-19 related assistance. Eligibility Criteria: • Applications will be processed on a First Qualified, First Served basis. • Businesses are eligible to apply for assistance one time ONLY. • Businesses with 25 or less employees. • Businesses must have been operating since October 1, 2019 and still operating as of March 1, 2020. • Business must not be a publicly traded company. • Total gross receipts of business are less than 3 million. • Must be located within the City of Boynton Beach city limits . • Businesses must be located outside of the Boynton Beach CRA area. • Must be a privately held for-profit business or a sole proprietor (Non-Profits are ineligible). • Must have an active City of Boynton Beach Business Tax Receipt (BTR). • Must be registered with SunBiz.org. • Home based business may only use the loan for payroll expenses and are not eligible for rent or utility expenses. • If any individual is the Principal/Owner for more than one eligible business, the Principal/owner may only sign the application on behalf of one business. (Note: this means that if one or more eligible businesses have a Principal/Owner in common, only one of those businesses may apply for the Program, even if the business(es) has(have) more than one Principal/Owner). • All supporting documentation must be in the same name as indicated BTR. • Applications will not be considered until all required documentation is submitted to the City. Eligible Reimbursable Uses: • Salaries/Payroll. • Commercial Lease, Commercial Mortgage, or Commercial Rental Payments. • Commercial Utility Payment. • Expenses due to new COVID 19 Safety provision. • Inventory. Page 554 of 651 Page 2 of 2 Required Documentation: • Signed Request for Funding Application with all the disclosures, and certifications. • Copy of current/active City of Boynton Beach Business Tax Receipt . • Copy of current/active Registered Business on SunBiz.org. • A description of the impact of COVID-19 on your business – must demonstrate loss of revenue. Must include supporting financial statements (bank statements, cash flow statement, 2019 and/or 2018 tax returns and schedules accounting documents, etc.). • Documentation to support the applicant’s request for funding payroll, rent/mortgage, or utility expenses. o Examples include, but are not limited to invoices, receipts, paystubs, utility bills or other acceptable evidence of payment or expenses associated with the loan request. Applicants may redact sensitive information such as employee names, addresses, identification numbers, etc. • Executed Leased Agreement (if applicable). • Most Recent Utility Statement (if applicable). • Most Recent Mortgage Statement (if applicable). • Completed Boynton Beach Business Assessment Survey . • Promissory Note. PROGRAM ADMINISTRATION: • Applicant(s) will be selected on a first-qualified, first-served basis. • Any funds expended prior to April 1, 2020 are ineligible for program funding. • The City of Boynton Beach Community Improvement Division (CID) will partner with the City of Boynton Beach Economic Development Department to process the business grant application. When all conditions of the program are met, the City of Boynton Beach Community Improvement staff will coordinate the Closing, and forward payment to appropriate entity. Page 555 of 651 1 CITY OF BOYNTON BEACH CITIZEN PARTICIPATION PLAN AMENDED 3/7/13 (1ST AMENDMENT) AMENDED 6/9/20 (2ND AMENDMENT) 2nd Amendment (pages 1 and 5) - June 9, 2020– Citizen Participation Plan for the COVID-19 Disaster Declaration Coronavirus Health Crisis of 2020 Pandemic Response Per federal regulations at 24 CFR 91.105, the City of Boynton Beach must adopt a Citizen Participation Plan (CPP) that sets forth its policies and procedures for citizen participation and gives its citizens “Reasonable Notice and Opport unity to Comment” on the management and use of federal grant funds received from the U.S. Housing and Urban Development (HUD). When a change in federal regulations or programs require changes in the CPP and community input, the CPP may need to be amended , go through a community input process o n the amendment, and adopted by the City’s authorizing body. As a result of the unprecedented Coronavirus health crisis of 2020 and its impact on the U.S. economy, Congress approved the Coronavirus Aid, Relief and Economic Security Act (CARES Act) (Public Law 116-136) and made available supplemental Community Development Block Grant (CDBG), Emergency Solution Grant (ESG) and Housing Opportunities for Persons With Aids (HOPWA) funding for grants to prevent, prepare for, and respond to Coronavirus (CV grants). The CARES Act also provides the City with the flexibility to make it easier to use CARES Act grant funds and fiscal years 2019 and 2020 grants for expeditious Coronavirus response by authorizing HUD to grant waivers and alternative requirements for specified periods as noted below. Due to the need for expediting distribution of new funding under the CARES Act, and national/local recommended social distancing guidelines and stay at home orders, HUD has authorized grantees such as the City of Boynton Beach to amend its CPP to establish expedited procedures and waive in-person public meetings. The CPP is hereby amended to include the following changes: • In response to the Covid-19 Disaster Declaration, in a Memorandum issued March 31, 2020, HUD has waived the 30-day minimum for the required public comment period. It now allows for a 5-day comment period on substantial amendments to the Consolidated Plan/Action Plans through the end of the City’s 2020 program year. The City will shorten its public comment period from Page 556 of 651 2 30 to 5 days. If the City wishes to make further amendments to prior plans following the 2020 program year, the City can do so during the development of FY 2021 Annual Action Plan. • Includes virtual hearings as an allowed citizen participation method for public meetings and focus groups. If virtual hearings are used, real -time responses must be facilitated and accommodations for persons with disabilities and/or with limited English proficiency will be made a vailable to the greatest extent possible with reasonable notice. • Updates the types of declared disasters or emergency events to include terrorism and infectious diseases, such as the recent Coronavirus 19 (COVID - 19) pandemic, that may necessitate expedited substantial amendments. • Includes by reference provisions relative to Consolidated Plan citizen participation, and Community Development Block Grant (CDBG) waivers made available under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. • Provides details on possible actions, including reprogramming of funding, addition of funding to related activities, changes in scope of activities, and types of possible activities that may be undertaken in response to the declared disasters or emergency events such as COVID-19 pandemic. • Makes minor edits that do not change the current intent and policies of the CPP. Applicability and Adoption The following Citizen Participation Plan has been developed in compliance with 24 CFR 91.105. The plan sets forth the City’s policies and procedures for Citizen Participation as it relates to the federally required Consolidated Plan (all references to the Consolidated Plan also applies to the Annual Action Plan). The City of Boynton Beach will exert every effort to make sure that all citizens of the community, including members of racial and ethnic minorities, persons with limited English Proficiency, and people with disabilities will be vigorously encouraged to participate in all planning stages of the consolidated planning process, substantial amendments to the plan, and performance review process, as specified in 24 CFR 91.105 (a) (2) (ii). The City especially encourages participation by citizens of low, very low and extremely low-income neighborhoods (particularly those within the CDBG target areas). Page 557 of 651 3 In the absence of its own Housing Authority, the City of Boynton Beach also encourages consultation with the Palm Beach County Housing Authority , The Delray Beach Housing Authority, the City of West Palm Beach Housing Authority, the participation of tenants of the Authority’s developments, residents of Section 8 subsidized housing, minorities and non-English speaking persons, persons with mobility, visual, and hearing impairments. Adoption of the Consolidated Plan 1. Prior to adoption of the Consolidated Plan, the City of Boynton Beach will make available to citizens, public agencies, and other interested parties information that includes the amount of assistance the City expects to receive (including grant fun ds and program income) and the range of activities that may be undertaken, including the estimated amount that will benefit persons of low, very low, and extremely low income. This information will be disseminated through the following methods: • Churches, synagogues, and other religious institutions • Nonprofit social service agencies which provide services to residents of CDBG area • Day care centers with high populations of persons with limited English Proficiency • Newspapers of general circulation • Newspapers and radio stations marketed specifically to citizens with limited English proficiency The City of Boynton Beach will also use the city’s utility billing system as a way of marketing CDBG affected programs. 2. To assure the public adequate time and opportunity to comment on the contents of the Consolidated Plan, the City shall publish notice of the proposed Plan in the local newspaper and shall make copies available for public inspection at the Public Library and City Hall. The notice shall describe the purpose of the Plan and shall include the location where copies of the Plan may be fully examined. Upon request, copies of the Plan shall be made available to groups and citizens at no charge. 3. One public hearing shall be held during the development of the Consolidated Plan. 4. A period of not less than 30 days shall be established to receive comments from citizens on the Consolidated Plan. Page 558 of 651 4 5. The City shall consider any comments or views of citizens received in writing, or verbally at the public hearing, in preparing the final version of the Plan. A summary of these comments or views not accepted and the reasons, therefore, shall be attached to the final Consolidated Plan. Amendments to the Consolidated Plan 1. A substantial amendment to the Consolidated Plan shall be defined as the elimination of a previously approved activity or a reduction in funding (by more than 20%) of a previously publicized activity in order to accommodate the funding of another Community Development Block Grant (CDBG) eligible activity. 2. The City shall publish in a local newspaper, details of the substantial amendment and provide the public with adequate time to comment on the amendment. The public shall be provided with not less than 30 15 days to provide comments prior to implementation of the amendment. 3. The City shall consider any comments or views of citizens received in writing, or verbally at public hearings, if any, in preparing the substantial amendment to the Consolidated Plan. A summary of these comments or views and a summa ry of any comments or views not accepted and the reasons, therefore, shall be attached to the substantial amendment to the Consolidated Plan. Performance Reports 1. The City shall provide the public with reasonable opportunity to comment on performance reports by publishing in the local newspaper the availability of said reports and providing the public with not less than 15 days to comment on the reports, prior to submission to HUD. 2. The City shall consider any comments or views of citizens received in wri ting, or verbally at public hearings preparing the performance report. A summary of these comments or views shall be attached to the performance report. Public Hearings 1. The City shall provide for at least two public hearings per year to obtain citizens’ and public agencies’ views and comments. One public hearing shall be held at an appropriate time of the program year so that citizens may review program performance, and another hearing shall be held prior to submission of the Consolidated Plan in order to provide opportunity for citizens to comment on housing and community development needs and to review proposed uses of funds. Page 559 of 651 5 2. At least a one-week advance notice of each public hearing shall be provided to the public. These notices shall be published in a local newspaper. 3. Public hearings shall be held at times and locations convenient to potential and actual beneficiaries and in accordance with the provisions of the ADA with accommodations for persons with disabilities and auxiliary aids or services will be provided upon request with at least three (3) days notice. Hearing impaired citizens may contact the Community Improvement Department of the City of Boynton Beach at (561)742-6066 through the Florida Relay Service numbers at (800) 955-8771 (TTY) or (800) 955-8770 (Voice) for assistance. 4. The City will provide appropriate auxiliary aides and services that are necessary to afford individuals with hearing and vision impairments an equal opportunity to access and participate in such hearings. These may include effective methods that make aurally delivered information available to individuals who are deaf or hard of hearing, and visually delivered materials available to individuals who are blind or have low vision. The type of auxiliary aid or service necessary to e nsure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. In determining what types of auxiliary aids and services are necessary, a public entity shall give primary consideration to the requests of individuals with disabilities. To be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability 5. These public hearings shall be held during convenient hours at City Hall or public facilities located within the CDBG target areas. 6. Interpreters shall be provided upon request. Meetings Reasonable and timely access to local meetings shall be provided to the public. Availability to the Public In accordance with the Americans with Disabilities Act, the adopted consolidated Plan, substantial amendments, and performance reports may be obtained in an alternative format. To obtain an alternative format of either document people may contact the Division of Community Improvement, 100 East Boynton Beach Blvd., Boynton Beach, Florida, 33435. The telephone number of the office is (561) 742-6066. Page 560 of 651 6 Access to Records The City shall provide citizens, public agencies, and other interested parties with reasonable and timely access to information and records relating to the Consolidated Plan and the use of funds under pr ograms covered by 24 CFR Part 91 during the preceding five years. Technical Assistance The City shall provide technical assistance to groups representative of persons of low, very low and extremely low income that request such assistance in developing proposals for funding under any of the programs covered by t he Consolidated Plan, with the level and type of assistance determined by the City of Boynton Beach. The assistance need not include the provision of funds to the group. Complaints Complaints relating to the City’s Consolidated Plan, Amendments and Performance Reports should be submitted in writing to: The City of Boynton Beach Community Improvement Division 100 East Boynton Beach Boulevard Boynton Beach, Florida 33435 The City shall respond to all written complaints and grievances within 15 working days, when practical. Page 561 of 651 12.A. L E GA L 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed Ordinance No. 20-024 - First R eading - Approve amending City Code of Ordinanc es Section 16-60, Artic le 2, Establishing hours of use at Harvey E. Oyer, J r. Park to provide Community Standards with the ability to enforce parking regulations. Explanation of R equest: Storage of any kind, inc luding the storage of vessels, vehic les and trailers is not permitted at Harvey Oy er, J r. Park. Revising the Ordinanc e will clarify what action will be taken by the City in the event that someone uses the Park for storage. Additionally, the revision spec ifies what a dec al holder who is actively involved in fishing or boating must do if they wish to leave their trailer and/or vehic le overnight. How will this affect city programs or services? Creates a more effective process to deal with a vehicle and/or trailer that is stored at Oyer Park. Fiscal Impact: Non-budgeted N/A Alternatives: D o not approve the revision to the Ordinanc e. Strategic Plan: Strategic Plan Application: Climate Action: N o Climate Action Discussion: Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance Amending Sec tion 16-60 of the C ode of Ordinances Page 562 of 651 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 1 1 ORDINANCE NO. 20- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AMENDING PART II, CODE OF ORDINANCES, CHAPTER 5 SIXTEEN, “CITY PARKS AND RECREATION”, ARTICLE TWO, 6 “CITY PARKS AND BEACHES”, SECTION 16-60, “ESTABLISHING 7 HOURS OF USE AT HARVEY E. OYER JR. PARK”; TO ELIMINATE 8 CONFUSION AND ENSURE CLARITY; PROVIDING FOR 9 CONFLICTS, SEVERABILITY, CODIFICATION AND AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the City Commission desires to revise Chapter 16, Article 2, Section 16-13 60, “Establishing hours of use at Harvey E. Oyer Jr. Park” of the City of Boynton Beach 14 (“City”) Code of Ordinances (“Code”) so that it is clear and concise; and 15 WHEREAS, the City Commission finds that Section 16-60 of the Code is confusing 16 and unclear; and 17 WHEREAS, the City Commission finds that Section 16-60 should be revised to 18 eliminate confusion and ensure clarity; and 19 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 20 residents of the City to amend Chapters 16, Article 2, Section 16-60 of the City’s Code of 21 Ordinances as hereinafter referenced. 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, THAT: 24 Section 1. The foregoing "WHEREAS" clauses are true and correct and 25 incorporated herein by this reference. 26 Section 2. Chapter 16, “Parks and Recreation”, Article 2, “Parks and Beaches”, 27 Section 16-60, “Establishing hours of use at Harvey E. Oyer, Jr. Park”, of the City’s Code of 28 Ordinances is hereby amended by adding the words and figures in underlined type and by 29 deleting the words and figures in struck-through type, as follows: 30 31 32 33 34 Page 563 of 651 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 2 Sec. 16-60. Establishing hours of use at Harvey E. Oyer, Jr. Park. 35 (a) The Harvey E. Oyer, Jr. Park (herein “Park”) shall be closed at 10:00 p.m. to all persons, 36 except: 37 (1) Fishermen; 38 (2) Boaters actively engaged in fishing or boating or preparation thereof; and 39 (3) Official permit holders or individuals utilizing the boat club building authorized by 40 City. 41 (b) It shall be unlawful for anyone, except the enumerated persons, to enter the Park 42 between the hours of 10:00 p.m. and dawn of the next day. 43 (c) The Harvey E. Oyer, Jr. Park shall not be used for storage of any kind, including but not 44 limited to, storage of vessels, vehicles and trailers. 45 (i) All abandoned personal property or personal property left at the Park after 10:00 46 p.m. shall be subject to next-day towing, the City may cause the property to be 47 removed by a towing or salvage company at the owner’s expense. City shall not 48 be liable for any damage caused to personal property left in the Park after 10:00 49 p.m. 50 (ii) Vehicles tagged by the City as an “Extended Stay” vehicle pursuant to Section 51 16-60(f) herein shall be exempt from next-day towing. 52 (d) The docks in the lagoon at the park are intended for loading and unloading boats. The 53 loading/unloading docks shall not be used for storage or mooring and all persons who use the 54 loading/unloading docks must clear the docks as quickly and efficiently as possible. No boats, 55 personal property, or other objects shall occupy or obstruct the loading/unloading docks for 56 more than thirty (30) minutes at a time. 57 Page 564 of 651 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 3 (e) No tether, lock or other personal property shall be permanently attached to any fixtures, 58 trees or other objects on the Harvey E. Oyer, Jr. Park premises. 59 (f) Any decal holder actively engaged in fishing, or boating or preparation thereof for a 60 period of three (3) days or more and wishes to leave their trailer and/or vehicle overnight in 61 the Park shall seek prior written consent from the City seven (7) days in advance of their 62 intended departure notify the city in writing in advance. The City may shall tag the trailer 63 and/or vehicle of any such decal holder as an “Extended Stay” vehicle. Any vehicle or trailer 64 that remains in the Park overnight for three (3) days or more without prior permission from the 65 city shall be removed, towed or otherwise disposed of at the owner’s expense. 66 (g) Vehicles without a trailer may only park in areas designated for single vehicles. 67 68 Section 3. Each and every other provision of the Code of Ordinances of the City 69 of Boynton Beach not herein specifically amended shall remain in full force and effect as 70 previously enacted. 71 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 72 same are hereby repealed. 73 Section 5. Should any section or provision of this ordinance or portion hereof, any 74 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, 75 such decision shall not affect the remainder of this ordinance. 76 Section 6. Authority is hereby granted to codify said ordinance. 77 Section 7. This ordinance shall become effective immediately upon passage. 78 79 80 FIRST READING this ____ day of _________________, 2020. 81 82 SECOND, FINAL READING AND PASSAGE this day of ________, 2020. 83 84 85 86 87 88 Page 565 of 651 {00365832.1 306-9001821} S:\CA\Ordinances\Harvey Oyer Park Rewrite 16-60 (00365832xc4b6a)(V2) - Ordinance.Docx 4 CITY OF BOYNTON BEACH, FLORIDA 89 90 YES NO 91 92 Mayor – Steven B. Grant _____ _____ 93 94 Vice Mayor – Ty Penserga _____ _____ 95 96 Commissioner – Justin Katz _____ _____ 97 98 Commissioner – Woodrow L. Hay _____ _____ 99 100 Commissioner – Christina L. Romelus _____ _____ 101 102 103 104 VOTE ______ 105 ATTEST: 106 107 108 _____________________________ 109 Crystal Gibson, MMC 110 City Clerk 111 112 113 (Corporate Seal) 114 115 Page 566 of 651 12.B. L E GA L 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed Ordinance No. 20- 025 - Fir st Reading - Approving request for abandonment of easements assoc iated with the Riverwalk Plaza redevelopment projec t, located at 1532 S. Federal Highway. Applic ant: Soraya Conserve, Flynn Engineering Servic es, P.A. Explanation of R equest: Soraya Conserve of Flynn Engineering Servic es, on behalf of I sram Riverwalk LLC and Restaurant Holdings, I nc ., is requesting abandonment of a portion of four (4) separate utility easements and two (2) ingress / egress easements within the Riverwalk P laza and Prime Catch Restaurant properties, in connection with the approved redevelopment plan. A site drawing is provided for context, as well as individual legal descriptions and sketc hes of each abandonment request. Utility Easement "A " is located near the NE corner of the site, and the abandonment request is for a portion of 10-foot wide water easement (as depicted and further desc ribed in the corresponding exhibit). Utility Easement "B " is located near the north-central portion of the site, and the abandonment request is for a 12-foot wide water easement (as depicted and further desc ribed in the corresponding exhibit). Utility Easement "C" loops the north, east and south side of the site, and the abandonment request is for a 10- foot wide water & sanitary sewer easement (as depic ted and further described in the c orresponding exhibit). Utility Easement "D" is loc ated near the north side of the site, and the abandonment request is for a portion of a 12-foot wide water easement (as depicted and further desc ribed in the corresponding exhibit). I ngress / Egress E asement "1" is loc ated near the west side of the site, along the north side, abutting W oolbright Road (as depicted and further described in the corresponding exhibit). I ngress / Egress E asement "2" is loc ated centrally along the north side of the site, abutting W oolbright Road (as depicted and further desc ribed in the corresponding exhibit). The City's Utilities D epartment has reviewed the requests for abandonment of these water and sanitary sewer easements and has no objection to the abandonments, subject to the ultimate reloc ation of these fac ilities into replacement easements. All other utility providers responded with "no objection" as well, c onditioned upon relocation of their fac ilities (if needed) into newly dedic ated easements. Relative to the two (2) ingress / egress easements, the applicant has provided a new easement dedic ation to replac e the existing. Staff recommends approval of these easements assoc iated with the redevelopment projec t, subject to the conditions listed herein. How will this affect city programs or services? No impac ts, as new easements will be dedicated and utility relocations c onducted at the expense of the applic ant. Fiscal Impact: None, as any expenses will be bourn by the applicant. Page 567 of 651 Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action: Climate Action Discussion: N/A Is this a grant? G rant Amount: AT TAC H ME N TS : Type Desc ription Ordinanc e Ordinance approving abandonment of Riverwalk Easements Location Map Location Map Exhibit Site Utilities Map Exhibit Utilities Easement "A" Legal D esc ription Exhibit Utilities Easement "A" Sketc h Exhibit Utilities Easement "B" Legal D esc ription Exhibit Utilities Easement "B" Sketc h Exhibit Utilities Easement "C " Legal Description Exhibit Utilities Easement "C " Sketch Page 1 Exhibit Utilities Easement "C " Sketch Page 2 Exhibit Utilities Easement "C " Sketch Page 3 Exhibit Utilities Easement "C " Sketch Page 4 Exhibit Utilities Easement "D " Legal Description Exhibit Utilities Easement "D " Sketch Exhibit I ngress / Egress Easement 1 Legal Description Exhibit I ngress / Egress Easement 1 Sketch Exhibit I ngress / Egress Easement 2 Legal Description Exhibit I ngress / Egress Easement 2 Sketch Exhibit Replac ement I ngress / Egress Easement Legal Desc ription Exhibit Replac ement I ngress / Egress Easement Sketc h Page 568 of 651 {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easements (Riverwalk Plaza) ().docx ORDINANCE NO. 20- 1 2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING THE ABANDONMENT OF 4 EASEMENTS ASSOCIATED WITH THE RIVERWALK PLAZA 5 REDEVELOPMENT PROJECT, LOCATED AT 1532 S. 6 FEDERAL HIGHWAY; AUTHORIZING THE CITY MANAGER 7 TO EXECUTE A DISCLAIMER, WHICH SHALL BE 8 RECORDED WITH THIS ORDINANCE IN THE PUBLIC 9 RECORDS OF PALM BEACH COUNTY, FLORIDA; AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, Soraya Conserve of Flynn Engineering Services, on behalf of Isram 13 Riverwalk LLC and Restaurant Holdings, Inc., is requesting abandonment of a portion of 14 four (4) separate utility easements and two (2) ingress / egress easements within the 15 Riverwalk Plaza and Prime Catch Restaurant properties, in connection with the approved 16 redevelopment plan; and 17 18 WHEREAS, The City's Utilities Department has reviewed the requests for 19 abandonment of these water and sanitary sewer easements and has no objection to the 20 abandonments, subject to the ultimate relocation of these facilities into replacement 21 easements. All other utility providers responded with "no objection" as well, conditioned 22 upon relocation of their facilities (if needed) into newly dedicated easements. Relative to 23 the two (2) ingress / egress easements, the applicant has provided a new easement 24 dedication to replace the existing; and 25 26 WHEREAS, comments have been solicited from the appropriate City 27 Departments, and public hearings have been held before the City Commission on the 28 proposed abandonment; and 29 30 WHEREAS, staff finds that the subject abandonments serve a greater public 31 purpose, and therefore recommends approval of the applicant’s request. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 34 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 35 36 Section 1. The foregoing whereas clauses are true and correct and incorporated 37 herein by this reference. 38 39 Section 2. The City Commission of the City of Boynton Beach, Florida, does 40 hereby abandon easements associated with the Riverwalk Plaza redevelopment project, 41 located at 1532 S. Federal Highway. The property being abandoned is more particularly 42 described as follows: 43 44 Utility Easement A: See Attached Exhibit “A” 45 46 Utility Easement B: See Attached Exhibit “B” 47 48 Utility Easement C: See Attached Exhibit “C” 49 Page 569 of 651 {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easements (Riverwalk Plaza) ().docx 50 Utility Easement D: See Attached Exhibit “D” 51 52 Ingress/Egress Easement 1 & 2: See Attached Exhibit “E” 53 54 55 56 Section 3. The City Manager is hereby authorized and directed to execute the 57 attached Disclaimer and cause the same to be filed, with this Ordinance, in the Public 58 Records of Palm Beach County, Florida. 59 60 Section 4. This Ordinance shall take effect immediately upon passage. 61 62 63 FIRST READING this ____ day of , 2020. 64 65 66 SECOND, FINAL READING AND PASSAGE THIS _____day of _______, 2020. 67 68 CITY OF BOYNTON BEACH, FLORIDA 69 70 YES NO 71 72 Mayor – Steven B. Grant _____ _____ 73 74 Vice Mayor – Ty Penserga _____ _____ 75 76 Commissioner – Justin Katz _____ _____ 77 78 Commissioner – Woodrow L. Hay _____ _____ 79 80 Commissioner – Christina L. Romelus _____ _____ 81 82 VOTE ______ 83 84 ATTEST: 85 86 87 _____________________________ 88 Crystal Gibson, MMC 89 City Clerk 90 91 92 (Corporate Seal) 93 Page 570 of 651 DESCRIPTION OF 10’ EASEMENT IN O.R.B. 9500, PAGE 251 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.00°59'57"E, A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR S.E. 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD: THENCE N.89°41'13"E., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 62.92 FEET TO THE EASTERLY LINE OF SAID 10 FEET WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.02°31'25"W., A DISTANCE OF 16.39 FEET; THENCE S.68°07'43"E., A DISTANCE OF 124.43 FEET; THENCE S.71°43'22"E, A DISTANCE OF 128.55 FEET; THENCE S.54°34'04"E., A DISTANCE OF 28.57 FEET TO THE POINT OF THE BEGINNING OF THE SAID 10 FEET WIDE UTILITY EASEMENT RE- ALIGNMENT; THENCE N.89°41'13"E., A DISTANCE OF 79.06 FEET; THENCE S.00°38'48"E., A DISTANCE OF 57.14 FEET MORE OR LESS CONNECTING WITH THE EASTERLY MOST LINE OF SAID EASEMENT; THENCE N.54°34'04"W., A DISTANCE OF 12.37 FEET; THENCE N.00°38'48"W., A DISTANCE OF 39.91 FEET; THENCE S.89°41'13"W., A DISTANCE OF 72.34 FEET; THENCE N.17°33'35"E., A DISTANCE OF 10.51 FEET MORE OR LESS TO THE POINT OF BEGINNING. BEARING DATUM FOR THIS DESCRIPTION: The West line said section 34 is assumed to bear S.00°59'57"E, and all bearing cited herein are relative therefrom. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “A” Page 571 of 651 DESCRIPTION OF 12’ WATER LINE EASEMENT IN O.R.B. 10206, PAGE 1092 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH 00°59'57" EAST ALONG THE WEST LINE OF SAID SECTION 34 (ALL BEARINGS HEREON ARE RELATIVE THERE FROM) A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR SOUTHEAST 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD AS NOW LAID OUT AND IN USE AS OF NOVEMBER 20, 1997; THENCE NORTH 89°41'13" EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF AN EXISTING UTILITY EASEMENT RECORDED IN OFFICAL RECORD BOOK 1868, PAGE 887 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 02°31'25" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 68°07'43" EAST, A DISTANCE OF 93.00' FEET TO THE POINT OF BEGINNING OF A NEW 12' WIDE WATER LINE EASEMENT; THENCE SOUTH 00°41'05" EAST. A DISTANCE OF 90.56 FEET; THENCE SOUTH 46°31'42" WEST, A DISTANCE OF 24.45 FEET; THENCE SOUTH 00°36'13" WEST, A DISTANCE OF 77.78 FEET, THENCE SOUTH 89°23'47" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00°36'13" EAST, A DISTANCE OF 72.70 FEET; THENCE NORTH 46°31'42" EAST, A DISTANCE OF 24.61 FEET; THENCE NORTH 00°41'05' WEST A DISTANCE OF 90.82 FEET; THENCE NORTH 68°07'43" WEST A DISTANCE OF 12.99 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Exhibit “B” Page 572 of 651 DESCRIPTION OF 10’ UTILITY EASEMENT IN O.R.B. 1868, PAGE 887 TO BE ABANDONED A 10.00 foot Utility Easement being a portion of Lots 1 and 2 of ROUSSEAU'S SUBDIVISION as recorded in Plat Book 1, Page 14, of the Public Records of Palm Beach County, Florida, and a portion of Section 33, Township 45 South ,Range 43 East, Palm Beach County, Florida, whose centerline is more particularly described as follows: Commencing at the intersection of the East Right-of-Way line of U.S. Highway No. 1 and South Right-of-Way of Southeast 15th Avenue; thence North 89° 43' 15" East along South Right-of-Way line of Southeast 15th Avenue; a distance of 320.15 feet; thence North 89° 41' 13" East along said South Right-of-way line a distance of 57.92 feet to the Point of Beginning of this description, said point being further described as the Intersection of the South Right-of- Way of Southeast 15th Street and the centerline of the aforementioned 10.00 foot Utility Easement; thence South 02° 31' 25" West, a distance of 19.68 feet; thence South 68° 07' 43" East a distance of 128.12 feet; thence South 71° 43' 22" East a distance of 127.95 feet; thence South 54° 34' 04" East a distance of 123.09 feet; thence South 0° 38' 51" East a distance of 329.81 feet; thence South 85° 44' 32" West a distance of 69.97 feet; thence South 66° 55' 28" West a distance of 102.49 feet; thence South 60° 21' 35" West a distance of 83.34 feet; thence South 89° 27' 01" West a distance of 522.17 feet more or less to the Point of Termination of this description, said point being further described as being the intersection of said Centerline of a 10.00 foot Utility Easement and the East Right-of-Way line of U.S. Highway No. 1, said lands situate, lying and being in PALM BEACH COUNTY, Florida SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “C” Page 573 of 651 DESCRIPTION OF WATER EASEMENT IN O.R.B. 14592, PAGE 1095 TO BE ABANDONED BEING AN EASEMENT LYING IN A PART OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57" EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 17.08 FEET; THENCE RUN SOUTH 00°16'45" EAST 80.03 FEET; THENCE RUN NORTH 89°43'15" EAST FOR A DISTANCE OF 10.00 FEET; THENCE RUN SOUTH 00°16'45" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED WATER EASEMENT; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 4.16 FEET; THENCE SOUTH 40°35'09" EAST FOR A DISTANCE OF 16.42 FEET; NORTH 49°24'51" EAST FOR A DISTANCE OF 18.54 FEET; THENCE NORTH 89°44'33" EAST FOR A DISTANCE OF 82.26 FEET; THENCE SOUTH 00°15'27" EAST FOR A DISTANCE OF 12.00 FEET; THENCE SOUTH 89°44'33" WEST FOR A DISTANCE OF 80.94 FEET; THENCE SOUTH 49°24'51" WEST FOR A DISTANCE OF 34.42 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 89°24'51" EAST FOR A DISTANCE OF 12.64 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 24.90 FEET; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 8.96 FEET TO THE POINT OF BEGINNING. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. Exhibit “D” Page 574 of 651 Exhibit “E” DESCRIPTION OF INGRESS AND EGRESS EASEMENT IN O.R.B. 14814, PAGE 1246 TO BE ABANDONED BEING A PART OF SECTION 33, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN SOUTH 89°43'15" WEST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 135.14 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 01°02'15" WEST FOR A DISTANCE OF 182.47 FEET; THENCE RUN NORTH 89°40'19" EAST FOR A DISTANCE OF 149.03 FEET; THENCE RUN SOUTH 00°15'27" EAST FOR A DISTANCE OF 30.00 FEET; THENCE RUN SOUTH 89°40'19" WEST FOR A DISTANCE OF 184.72 FEET; THENCE RUN NORTH 01°02'15" EAST FOR A DISTANCE OF 212.50 FEET TO A POINT ON THE SAID RIGHT OF WAY LINE; THENCE RUN NORTH 89°43'15" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE 35.01 FEET TO THE POINT OF BEGINNING. CONTAINING 11,918.18 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. LEGAL DESCRIPTION FOR INGRESS AND EGRESS EASEMENT NO.2 BEING A PART OF SECTION 34, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 21.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°41'13" EAST FOR A DISTANCE OF 38.00 FEET; THENCE RUN SOUTH 00°24'25" EAST FOR A DISTANCE OF 59.40 FEET TO THE BEGININNG OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86°25'06" A DISTANCE OF 15.08 FEET; THENCE RUN SOUTH 86°49'31" EAST FOR A DISTANCE OF 12.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 67.64 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 60°08'52", A DISTANCE OF 71.01 FEET; THENCE RUN SOUTH 00°41'05" EAST FOR A DISTANCE OF 40.05 FEET; THENCE RUN SOUTH 89°44'33" WEST FOR A DISTANCE OF 128.86 FEET; THENCE RUN NORTH 00°15'27" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 73.84 FEET; THENCE RUN NORTH 00°18'50" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 26.84 FEET; TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, THE CHORD OF WHICH BEARS NORTH 62°01'59" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°11'53", A DISTANCE OF 45.55 FEET TO THE BEGINNING OF A REVERSE Page 575 of 651 Exhibit “E” CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'30", A DISTANCE OF 24.19 FEET; THENCE RUN NORTH 60°24'25" WEST FOR A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 36.00; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 37.70 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 53.91 FEET TO THE POINT OF BEGINNING. CONTAINING 8246.14 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Page 576 of 651 {S:\CA\Ordinances\Abandonments\Abandonment of Utility Easements (Riverwalk Plaza) ().docx DISCLAIMER KNOW ALL MEN BY THESE PRESENTS that the City Commission of the City of Boynton Beach, Florida, does hereby abandon easements associated with the Riverwalk Plaza redevelopment project, located at 1532 S. Federal Highway. The property being abandoned is more particularly described as follows. The property being abandoned is more particularly described as follows: Utility Easement A: See Attached Exhibit “A” Utility Easement B: See Attached Exhibit “B” Utility Easement C: See Attached Exhibit “C” Utility Easement D: See Attached Exhibit “D” Ingress/Egress Easement 1 & 2: See Attached Exhibit “E” IN WITNESS WHEREOF, the duly authorized officers of the City of Boynton Beach, Florida, have hereunto set their hands and affixed the seal of the City this ____ day of ______________, 2020. ATTEST: CITY OF BOYNTON BEACH, FLORIDA ___________________ _____________________________ Crystal Gibson, MMC Lori LaVerriere, City Manager City Clerk STATE OF FLORIDA ) )ss: COUNTY OF PALM BEACH ) BEFORE ME, the undersigned authority, personally appeared by means of physical presence or online notarization, Lori LaVerriere, City Manager of the City of Boynton Beach, Florida, known to me to be the person described in and who executed the foregoing instrument, and acknowledged the execution thereof to be her free hand and deed as such officer, for the uses and purposes mentioned therein; that she affixed thereto the official seal of said corporation; and that said instrument is the act and deed of said corporation. WITNESS my hand and official seal in the said State and County this _____ day of ________________, 2020. _____________________________ NOTARY PUBLIC, State of Florida My Commission Expires: Page 577 of 651 DESCRIPTION OF 10’ EASEMENT IN O.R.B. 9500, PAGE 251 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE S.00°59'57"E, A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR S.E. 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD: THENCE N.89°41'13"E., ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 62.92 FEET TO THE EASTERLY LINE OF SAID 10 FEET WIDE UTILITY EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1868, PAGE 887 PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE S.02°31'25"W., A DISTANCE OF 16.39 FEET; THENCE S.68°07'43"E., A DISTANCE OF 124.43 FEET; THENCE S.71°43'22"E, A DISTANCE OF 128.55 FEET; THENCE S.54°34'04"E., A DISTANCE OF 28.57 FEET TO THE POINT OF THE BEGINNING OF THE SAID 10 FEET WIDE UTILITY EASEMENT RE- ALIGNMENT; THENCE N.89°41'13"E., A DISTANCE OF 79.06 FEET; THENCE S.00°38'48"E., A DISTANCE OF 57.14 FEET MORE OR LESS CONNECTING WITH THE EASTERLY MOST LINE OF SAID EASEMENT; THENCE N.54°34'04"W., A DISTANCE OF 12.37 FEET; THENCE N.00°38'48"W., A DISTANCE OF 39.91 FEET; THENCE S.89°41'13"W., A DISTANCE OF 72.34 FEET; THENCE N.17°33'35"E., A DISTANCE OF 10.51 FEET MORE OR LESS TO THE POINT OF BEGINNING. BEARING DATUM FOR THIS DESCRIPTION: The West line said section 34 is assumed to bear S.00°59'57"E, and all bearing cited herein are relative therefrom. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “A” Page 578 of 651 DESCRIPTION OF 12’ WATER LINE EASEMENT IN O.R.B. 10206, PAGE 1092 TO BE ABANDONED COMMENCING AT THE NORTHWEST CORNER OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST; THENCE SOUTH 00°59'57" EAST ALONG THE WEST LINE OF SAID SECTION 34 (ALL BEARINGS HEREON ARE RELATIVE THERE FROM) A DISTANCE OF 50 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE FOR SOUTHEAST 15TH AVENUE, FORMERLY WOOLBRIGHT ROAD AS NOW LAID OUT AND IN USE AS OF NOVEMBER 20, 1997; THENCE NORTH 89°41'13" EAST ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 52.92 FEET TO THE WESTERLY LINE OF AN EXISTING UTILITY EASEMENT RECORDED IN OFFICAL RECORD BOOK 1868, PAGE 887 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 02°31'25" WEST, A DISTANCE OF 22.90 FEET; THENCE SOUTH 68°07'43" EAST, A DISTANCE OF 93.00' FEET TO THE POINT OF BEGINNING OF A NEW 12' WIDE WATER LINE EASEMENT; THENCE SOUTH 00°41'05" EAST. A DISTANCE OF 90.56 FEET; THENCE SOUTH 46°31'42" WEST, A DISTANCE OF 24.45 FEET; THENCE SOUTH 00°36'13" WEST, A DISTANCE OF 77.78 FEET, THENCE SOUTH 89°23'47" EAST, A DISTANCE OF 12.00 FEET; THENCE NORTH 00°36'13" EAST, A DISTANCE OF 72.70 FEET; THENCE NORTH 46°31'42" EAST, A DISTANCE OF 24.61 FEET; THENCE NORTH 00°41'05' WEST A DISTANCE OF 90.82 FEET; THENCE NORTH 68°07'43" WEST A DISTANCE OF 12.99 FEET TO THE POINT OF BEGINNING AND THE END OF THIS DESCRIPTION. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Exhibit “B” Page 579 of 651 DESCRIPTION OF 10’ UTILITY EASEMENT IN O.R.B. 1868, PAGE 887 TO BE ABANDONED A 10.00 foot Utility Easement being a portion of Lots 1 and 2 of ROUSSEAU'S SUBDIVISION as recorded in Plat Book 1, Page 14, of the Public Records of Palm Beach County, Florida, and a portion of Section 33, Township 45 South ,Range 43 East, Palm Beach County, Florida, whose centerline is more particularly described as follows: Commencing at the intersection of the East Right-of-Way line of U.S. Highway No. 1 and South Right-of-Way of Southeast 15th Avenue; thence North 89° 43' 15" East along South Right-of-Way line of Southeast 15th Avenue; a distance of 320.15 feet; thence North 89° 41' 13" East along said South Right-of-way line a distance of 57.92 feet to the Point of Beginning of this description, said point being further described as the Intersection of the South Right-of- Way of Southeast 15th Street and the centerline of the aforementioned 10.00 foot Utility Easement; thence South 02° 31' 25" West, a distance of 19.68 feet; thence South 68° 07' 43" East a distance of 128.12 feet; thence South 71° 43' 22" East a distance of 127.95 feet; thence South 54° 34' 04" East a distance of 123.09 feet; thence South 0° 38' 51" East a distance of 329.81 feet; thence South 85° 44' 32" West a distance of 69.97 feet; thence South 66° 55' 28" West a distance of 102.49 feet; thence South 60° 21' 35" West a distance of 83.34 feet; thence South 89° 27' 01" West a distance of 522.17 feet more or less to the Point of Termination of this description, said point being further described as being the intersection of said Centerline of a 10.00 foot Utility Easement and the East Right-of-Way line of U.S. Highway No. 1, said lands situate, lying and being in PALM BEACH COUNTY, Florida SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS Exhibit “C” Page 580 of 651 DESCRIPTION OF WATER EASEMENT IN O.R.B. 14592, PAGE 1095 TO BE ABANDONED BEING AN EASEMENT LYING IN A PART OF SECTION 34, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57" EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 17.08 FEET; THENCE RUN SOUTH 00°16'45" EAST 80.03 FEET; THENCE RUN NORTH 89°43'15" EAST FOR A DISTANCE OF 10.00 FEET; THENCE RUN SOUTH 00°16'45" EAST FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED WATER EASEMENT; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 4.16 FEET; THENCE SOUTH 40°35'09" EAST FOR A DISTANCE OF 16.42 FEET; NORTH 49°24'51" EAST FOR A DISTANCE OF 18.54 FEET; THENCE NORTH 89°44'33" EAST FOR A DISTANCE OF 82.26 FEET; THENCE SOUTH 00°15'27" EAST FOR A DISTANCE OF 12.00 FEET; THENCE SOUTH 89°44'33" WEST FOR A DISTANCE OF 80.94 FEET; THENCE SOUTH 49°24'51" WEST FOR A DISTANCE OF 34.42 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 10.00 FEET; THENCE NORTH 89°24'51" EAST FOR A DISTANCE OF 12.64 FEET; THENCE NORTH 40°35'09" WEST FOR A DISTANCE OF 24.90 FEET; THENCE NORTH 89°43'15" EAST FOR A DISTANCE OF 8.96 FEET TO THE POINT OF BEGINNING. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA PUBLIC RECORDS. Exhibit “D” Page 581 of 651 Exhibit “E” DESCRIPTION OF INGRESS AND EGRESS EASEMENT IN O.R.B. 14814, PAGE 1246 TO BE ABANDONED BEING A PART OF SECTION 33, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN SOUTH 89°43'15" WEST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 135.14 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 01°02'15" WEST FOR A DISTANCE OF 182.47 FEET; THENCE RUN NORTH 89°40'19" EAST FOR A DISTANCE OF 149.03 FEET; THENCE RUN SOUTH 00°15'27" EAST FOR A DISTANCE OF 30.00 FEET; THENCE RUN SOUTH 89°40'19" WEST FOR A DISTANCE OF 184.72 FEET; THENCE RUN NORTH 01°02'15" EAST FOR A DISTANCE OF 212.50 FEET TO A POINT ON THE SAID RIGHT OF WAY LINE; THENCE RUN NORTH 89°43'15" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE 35.01 FEET TO THE POINT OF BEGINNING. CONTAINING 11,918.18 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. LEGAL DESCRIPTION FOR INGRESS AND EGRESS EASEMENT NO.2 BEING A PART OF SECTION 34, TOWNSHIP 45 SOUTH RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, TOGETHER WITH THAT PORTION LYING IN LOT 1, ROUSSEAU'S SUBDIVISION, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE NO 14, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 33; THENCE RUN SOUTH 00°59'57"EAST ALONG THE EAST LINE OF SAID SECTION 33 AND THE WEST LINE OF SAID LOT 1 FOR A DISTANCE OF 50.00 FEET TO A POINT ON THE SOUTH RIGHT OF WAY LINE OF S.E. 15TH AVENUE; THENCE RUN NORTH 89°41'13" EAST ALONG SAID RIGHT OF WAY LINE FOR A DISTANCE OF 21.52 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 89°41'13" EAST FOR A DISTANCE OF 38.00 FEET; THENCE RUN SOUTH 00°24'25" EAST FOR A DISTANCE OF 59.40 FEET TO THE BEGININNG OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 10.00 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE OF 86°25'06" A DISTANCE OF 15.08 FEET; THENCE RUN SOUTH 86°49'31" EAST FOR A DISTANCE OF 12.74 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 67.64 FEET; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, THROUGH A CENTRAL ANGLE 60°08'52", A DISTANCE OF 71.01 FEET; THENCE RUN SOUTH 00°41'05" EAST FOR A DISTANCE OF 40.05 FEET; THENCE RUN SOUTH 89°44'33" WEST FOR A DISTANCE OF 128.86 FEET; THENCE RUN NORTH 00°15'27" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 73.84 FEET; THENCE RUN NORTH 00°18'50" WEST FOR A DISTANCE OF 15.00 FEET; THENCE RUN NORTH 89°44'33" EAST FOR A DISTANCE OF 26.84 FEET; TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 50.00 FEET, THE CHORD OF WHICH BEARS NORTH 62°01'59" WEST; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 52°11'53", A DISTANCE OF 45.55 FEET TO THE BEGINNING OF A REVERSE Page 582 of 651 Exhibit “E” CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 50.00 FEET; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 27°43'30", A DISTANCE OF 24.19 FEET; THENCE RUN NORTH 60°24'25" WEST FOR A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A CURVE CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 36.00; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 60°00'00", A DISTANCE OF 37.70 FEET; THENCE RUN NORTH 00°24'25" WEST FOR A DISTANCE OF 53.91 FEET TO THE POINT OF BEGINNING. CONTAINING 8246.14 SQUARE FEET. SAID EASEMENT LYING WITHIN AND BEING A PART OF RIVERWALK PLAZA AS RECORDED IN PLAT BOOK 129, PAGE 140 OF PALM BEACH COUNTY, FLORIDA, PUBLIC RECORDS. Page 583 of 651 S Federal HwyE Woolbright RdSE 1st StRiviera Dr SE 20th Ct SE 21st Ave SE 18th Ave S E 2 0 t h Ave Snug H arbor Dr SE 3rd St¯ RIVE RWA LK LO CATIO N MAP 0 130 260 390 52065Feet SITE Page 584 of 651 Page 585 of 651 Page 586 of 651 Page 587 of 651 Page 588 of 651 Page 589 of 651 Page 590 of 651 Page 591 of 651 Page 592 of 651 Page 593 of 651 Page 594 of 651 Page 595 of 651 Page 596 of 651 Page 597 of 651 Page 598 of 651 Page 599 of 651 Page 600 of 651 Page 601 of 651 Page 602 of 651 12.C. L E GA L 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Proposed Emergency Ordinance N o. 20-026 - Approve Emergency Ordinance renewing and extending Emergency Ordinance No. 20-009 of the C ity of Boynton Beac h, Florida, authorizing the C ity Manager to make provisions for elec tronic attendance by elected and appointed officials at city meetings during periods of a declared public health emergency; providing for public partic ipation by telephonic or elec tronic means; providing for automatic delay of finality of official ac tion pending public comments; and, providing an effective date. Explanation of R equest: City Commission Emergency Ordinance 20-009 expires on J une 17, 2020, by its terms and requires renewal. This proposed Emergency Ordinanc e will further extend Emergenc y Ordinanc es 20-008 and 28 - 009 to allow the city c ommission and other c ity boards to meet without the necessity of a quorum being physic ally present and by use of communication media technology. How will this affect city programs or services? Adoption of this Ordinance will fac ilitate public participation at public meetings and expedite c hanges needed in response to the C OV I D -19 pandemic. Fiscal Impact: None Alternatives: None proposed. Strategic Plan: Strategic Plan Application: Climate Action: Climate Action Discussion: Is this a grant? G rant Amount: Page 603 of 651 AT TAC H ME N TS : Type Desc ription Ordinanc e Emergency Ordinanc e No. 20-009 Ordinanc e Emergency Ordinanc e No. 20-008 Resolution Emergency Ordinanc e extending Emergency Ordinance 20-009 Page 604 of 651 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 EMERGENCY ORDINANCE. 20-009 AN EMERGENCY ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, RENEWING AND EXTENDING EMERGENCY ORDINANCE 20-008; AUTHORIZING ALL CITY PUBLIC MEETINGS TO BE CONDUCTED BY COMMUNICATION MEDIA TECHNOLOGY (CMT); AUTHORIZING THE CITY MANAGER TO ISSUE EMERGENCY ORDERS OR DIRECTIVES OR DECLARATIONS THAT CONFORM WITH FEDERAL, STATE, OR COUNTY ORDERS, DIRECTIVES, OR DECLARATIONS; PROVIDING FOR AUTOMATIC DELAY OF FINALITY OF CITY COMMISSION ACTION PENDING POST COMMISSION MEETING PUBLIC COMMENTS; PROVIDING AN EFFECTIVE DATE WHEREAS, on March 18, 2020 the City Commission adopted Emergency Ordinance 20-008 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 and providing for public participation by telephone or electronic means and providing for automatic delay of finality of official action pending public comments received; and WHEREAS, Emergency Ordinance 20-008 was effective until April 20, 2020 unless further extended by the City Commission; and WHEREAS, the Governor of the State of Florida has issued Executive Order number 20-52 declaring that a state of emergency exists in Florida and granting broad powers to local governments to suspend the application of statues, rules, ordinances, and orders they administer and to waive the procedures and formalities otherwise required by law to ensure the health, safety, and welfare of the community; and WHEREAS, on March 11, 2020 the World Health Organization declared the COVID- 19 outbreak a global pandemic; and 00369978.1 306.9001821j 1 SACA\OrdinancesTmergency Ordinance #2 (00369978xC4B6A).docx Page 605 of 651 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has deemed it necessary to prohibit or restrict non-essential travel to or from certain countries of concern; and WHEREAS, it is in the best interest of the citizens and residents of the City to extend immediately, on a temporary basis, emergency rules concerning attendance at and participation in public meetings due to the public health threat resulting from the spread of COVID-19; and WHEREAS, the City Commission finds that it is in the best interest of the personnel and citizens of the City to authorize the use of communication media technology (CMT) to conduct public meetings; extend the authorization of the City Manager to provide, when the City Manager determines appropriate, for the City Commission and members of the various Boards and Committees to be able to attend meetings electronically during a declared public health emergency, and authorize the City Manager to issue emergency orders, declarations and directives that conform to Federal, State and Palm Beach County. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by I reference. Section 2. Emergency Ordinance 20-008 is amended to extend the duration thru and including June 17, 2020, unless further extended by the City Commission. Section 3. The City Commission authorizes that all City public meetings may be conducted by Communication Media Technology (CMT) provided the CMT conforms to standards that meet or exceed the standards set forth in Chapter 109.001, Florida Administrative Code. As provided in Florida Statute 120.54(5)(b)2, Communication Media Technology means 00369978.1 306-90018211 2 SACA\Ordinances\Emergency Ordinance #2 (00369978xC4B6A).docx Page 606 of 651 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 the electronic transmission of printed matter, audio, full -motion video, freeze-frame video, compressed video, and digital video by any means available. Section 4. The City Manager is authorized to issue emergency orders, directives, and declarations she deems necessary to assure public safety or for expedient and efficient administration of City services, provided those orders, directives, or declarations conform to or are consistent with the Federal, State, or Palm Beach County emergency orders, directives, or declarations. Section 5. This emergency ordinance shall become effective immediately upon its passage and adoption. Section 6, This Emergency Ordinance shall not be codified. Passed and adopted as an Emergency Ordinance this 21 st day of April, 2020. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Commissioner — Justin Katz Commissioner — Woodrow L. Hay_ Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE S-_ O Attest: Cr tal Gibson, MMC Ci Clerk _ Corporate Seal) ' 00369978.1306-9001821) t, 3 SACA\OrdinancesTmergency Ordinan 101g (Q4B6A).docx Page 607 of 651 2 4 51 6 71 8 91 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EMERGENCY ORDINANCE. 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 PUBLIC PARTICIPATION BY TELEPHONIC OR ELECTRONIC MEANS; PROVIDING FOR AUTOMATIC DELAY OF FINALITY OF OFFICIAL ACTION PENDING PUBLIC COMMENTS; AND, PROVIDING AN EFFECTIVE DATE WHEREAS, Florida law, including Florida Statutes concerning public meetings and the rights of the public to participate in public meetings, including but not limited to Sections 286.011, 286.0114, and 166.041, requires that meetings of elected and appointed officials follow procedures that ensure that the public is able to participate in and be aware of the decision making process (the "sunshine law"); and WHEREAS, the Governor of the State of Florida has issued Executive Order number 20-52 declaring that a state of emergency exists in Florida and granting broad powers to local governments to suspend the application of statues, rules, ordinances, and orders they administer and to waive the procedures and formalities otherwise required by law to ensure the health, safety, and welfare of the community; and WHEREAS, on March 11, 2020 the World Health Organization declared the COVID- 19 outbreak a global pandemic; and WHEREAS, the United States Centers for Disease Control and Prevention (CDC) has deemed it necessary to prohibit or restrict non-essential travel to or from certain countries of concern; and 00364173.5 306-90018211 1 Page 608 of 651 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 WHEREAS, it is the innate responsibility of the governing body of each political subdivision of the State of Florida to safeguard the life and property of its residents, employees, and invitees; and WHEREAS, it is in the best interest of the citizens and residents of the City to immediately implement, on a temporary basis, emergency rules concerning attendance at and participation in public meetings due to the public health threat resulting from the spread of COVID-19; and WHEREAS, the City Commission finds that it is in the best interest of the personnel and citizens of the City to authorize the City Manager to provide, when the City Manager determines appropriate, for the City Commission and members of the various Boards and Committees to be able to attend meetings electronically during a declared public health emergency. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The above referenced whereas clauses are incorporated herein by reference. Section 2. The City Manager and City Clerk are hereby authorized to: a) Coordinate the ability of the City Commission, Boards, and Committees to meet electronically without the physical presence of a quorum of the City Commission, Boards or Committees; and b) Bar or limit, in the exclusive administrative authority of the City Manager, the physical attendance of the public at City Commission, Board, and Committee 00364173.5 306-90018211 2 Page 609 of 651 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 meetings provided that no action of the City Commission, Board or Committee taken at such meeting shall be deemed final until: 1. The complete recording of the City Commission, Board, or Committee meeting is posted on the City web site for no less than thirty-six (36) hours, and 2. Members of the public are given forty-eight (48) hours from the first posting of the recording of the meeting to post or communicate by telephonic, electronic or other written comments on any agenda item, including the right to make public comments. c) No action taken by the City Commission, Board or Committee at a meeting from which the public is barred or limited will be deemed final until: 00364173.5 306-9001821) 1. If no public comments have been submitted to the City within the forty-eight 48) hour open comment period referenced in Section 2.b.2.; or 2. If public comments have been submitted within the forty-eight (48) hours open comment period referenced in Section 2.b.2. The City Commission, Board or Committee has been provided with the record of public comments and ratifies its action on the agenda item at its next meeting. 3. This Ordinance is not intended to revoke or amend other emergency ordinances in effect at time of adoption of this Ordinance nor to limit any additional emergency ordinance or resolution adopted by the City Commission or by the City Manager to address the COVID-19 public health crisis. 91 Page 610 of 651 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 d) The City Manager, City Clerk, and City Information Technology Department shall implement the technology and administrative support as necessary to fulfill these objectives and to maintain a record of all public comments submitted to the City as provided herein. The posting of the recording of the public meetings referenced herein shall contain a banner notifying the public of the time and date the recording is first posted and the deadline for submission of public comments. A dedicated phone number and dedicated email address shall be included in the banner to notify the public where to call to leave a telephonic public comment or where to email public comment. All telephonic comments shall be transcribed verbatim by the City Clerk or the Clerk's designee(s). e) The City Clerk shall include all public comments timely submitted to the City Clerk as provided herein in the official minutes of the meeting from which the public was barred. f) The City Manager, as the City's chief administrative officer, is granted the authority, based on evolving Federal or State guidance or information obtained after the enactment of this Ordinance, to limit or bar attendance at public meetings, on a meeting by meeting basis. The City Manager shall provide a written report to the City Commission and the City Clerk of all implemented limitations on public attendance at any meeting. Section 3. This emergency ordinance shall become effective immediately upon its passage and adoption but shall sunset on April 20, 2020, unless further extended by the City I Commission. Section 4. This Emergency Ordinance shall not be codified. 00364173.5 306-9001821} 0 Page 611 of 651 Nov 971 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 i, Passed and adopted as an Emergency Ordinance this day of March, 2020. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Steven B. Grant Vice Mayor — Justin Katz A6n- — Commissioner — Mack McCray Commissioner — Christina L. Romelus Commissioner — Ty Penserga VOTE r0 Attest: c C stal Gibson, MMC City Clerk Corporate Seal) C410 9 P 00364173.5 306-9001821) k' Page 612 of 651 {00380418.2 306-9001821} 1 EMERGENCY ORDINANCE. 20-____ 1 AN EMERGENCY ORDINANCE OF THE CITY OF 2 BOYNTON BEACH, FLORIDA, EXTENDING 3 EMERGENCY ORDINANCES 20-008 AND 20-009 4 WHICH AUTHORIZE ALL CITY PUBLIC MEETINGS 5 TO BE CONDUCTED BY COMMUNICATION MEDIA 6 TECHNOLOGY (CMT); AUTHORIZING THE CITY 7 MANAGER TO ISSUE EMERGENCY ORDERS OR 8 DIRECTIVES OR DECLARATIONS THAT CONFORM 9 WITH FEDERAL, STATE, OR COUNTY ORDERS, 10 DIRECTIVES, OR DECLARATIONS; PROVIDING FOR 11 AUTOMATIC DELAY OF FINALITY OF CITY 12 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 extended by the City Commission by 22 Emergency Ordinance 20-009 thereby extending the expiration date to June 17, 2020 unless 23 further extended by the City Commission; and 24 WHEREAS, the City Commission finds it is in the best interest of the citizens and 25 residents of the City to further extend emergency rules concerning attendance at and 26 participation in public meetings due to the continuing public health threat resulting from the 27 spread of COVID-19; and 28 Page 613 of 651 {00380418.2 306-9001821} 2 WHEREAS, the City Commission finds that it is in the best interest of the personnel 29 and citizens of the City to authorized the use of communication media technology (CMT) to 30 conduct public meetings; extend the authorization of the City Manager to provide, when the 31 City Manager determines appropriate, for the City Commission and members of the various 32 Boards and Committees to be able to attend meetings electronically during a declared public 33 health emergency, and authorize the City Manager to issue emergency orders, declarations 34 and directives that conform to Federal, State and Palm Beach County. 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 36 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 37 Section 1. The above referenced whereas clauses are incorporated herein by 38 reference. 39 Section 2. Emergency Ordinances 20-008 and 20-009 are extended thru and 40 including August 19, 2020, unless further extended by the City Commission. 41 Section 3. The City Commission authorizes that all City public meetings may be 42 conducted by Communication Media Technology (CMT) provided the CMT conforms to 43 standards that meet or exceed the standards set forth in Chapter 109.001, Florida 44 Administrative Code. As provided in Florida Statute 120.54(5)(b)2, Communication Media 45 Technology means the electronic transmission of printed matter, audio, full-motion video, 46 freeze-frame video, compressed video, and digital video by any means available. 47 Section 4. The City Manager is authorized to issue emergency orders, directives, 48 and declarations she deems necessary to assure public safety or for expedient and efficient 49 administration of City services, provided those orders, directives, or declarations conform to 50 Page 614 of 651 {00380418.2 306-9001821} 3 or are consistent with the Federal, State, or Palm Beach County emergency orders, directives, 51 or declarations. 52 Section 5. This emergency ordinance shall become effective immediately upon its 53 passage and adoption. 54 Section 6. This Emergency Ordinance shall not be codified. 55 Passed and adopted as an Emergency Ordinance this 16th day of June, 56 2020. 57 CITY OF BOYNTON BEACH, FLORIDA 58 59 YES NO 60 61 Mayor – Steven B. Grant _____ _____ 62 63 Vice Mayor - Ty Penserga _____ _____ 64 65 Commissioner – Justin Katz _____ _____ 66 67 Commissioner – Woodrow L. Hay _____ _____ 68 69 Commissioner – Christina L. Romelus _____ _____ 70 71 VOTE ______ 72 Attest: 73 74 75 76 _____________________________ 77 Crystal Gibson, MMC 78 City Clerk 79 80 81 82 (Corporate Seal) 83 84 Page 615 of 651 12.D. L E GA L 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Disc ussion and authorization to terminate Franc hise Agreement with F LS C, L L C ., for textile recy cling program. (Tabled fr om the April 21, 2020 Commission Meeting.) Update and Addendum attached for 6/16/20 discussion. Explanation of R equest: At the J une 2, 2020 C ity Commission meeting a proposal was made by the franc hisee to modify the Franc hise Agreement. The attached addendum includes the details of the proposal. On J une 12, 2020, the City received a c heck in the amount of $15,833.65, a c opy of whic h is attached hereto. On J uly 17, 2018 the City C ommission authorized the C ity Manager to enter into a Franc hise Agreement with F LS C, L L C, d/ b/ a Florida Textile Recycling P rograms of Davie, Florida for a Textile Recy cling Franchise, RF P No. 009- 1210- 18/ I T, for an initial three (3) y ear term. The Franchise A greement was negotiated as a revenue generating Agreement whereby F L S C , L L C., 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 Rec yc ling Program for City-wide Franchise Program. 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? Page 616 of 651 G rant Amount: AT TAC H ME N TS : Type Desc ription Addendum First Addendum to Textile Franc hise Agreement Attachment Correspondenc e from City Attorney to F L S C , LLC Agreement Resolution and Franchise Agreement Addendum Memo from Marc D ouglas Attachment Check from FLS C, L L C Page 617 of 651 {00379799.2 306-9001821} 1 FIRST ADDENDUM TO FRANCHISE AGREEMENT This First Addendum (“Addendum”) to the Franchise Agreement (“Agreement”) between the City Of Boynton Beach, Florida and FLSC, LLC for textile recycling and collection is entered into this 16th day of June, 2020. 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 CONTRACTOR encountered operational challenges which resulted in an inability to make timely franchise fee payments; and WHEREAS, Contractor has proposed new terms and conditions of the Agreement which the City is amenable to as hereinafter set forth and shown as amendment to specific section of the Agreement. NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree to the amendments of the Agreement as follows. 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. K. Contract Year shall begin on August 6, 2018 [DATE] at 12:00 a.m., EST, through September 30, 2018 at ll:59p.m., EST. Each subsequent year shall begin on October l. and end on September 30th.[DATE]. The Agreement ends August 5, 2021. Page 618 of 651 {00379799.2 306-9001821} 2 3.2 COLLECTION BIN LOCATIONS Upon contract execution, CONTRACTOR shall have the right to erect 50 collection bins, in consideration for the annualize Franchise Fee (“$2000 per bin per year ($166.67 per bin per month) or $100,000.00 per year whichever is greater”), at high volume no more than 15 bin locations, on approved CITY or private properties. Contractor will only pay for bin locations that are on a property the month before the 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 9:00AM-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 7:00A.M. or after 7:00P.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. Prior to its placement of a Textile 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. SECTION 4: FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees I 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 . The Guaranteed Annual Revenue will be paid on a prorated basis with a $166.67 per bin per month payment due the first day of each month 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. Page 619 of 651 {00379799.2 306-9001821} 3 Commencing July 1, 2021 and yearly thereafter if the initial term is extended, 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. Contractor owes the City $15,833.65 for unpaid franchise fees. Contractor shall pay the outstanding amount in twelve (12) equal monthly installments of $1,319.47 each, commencing on July 1, 2020 and on the first day of each month thereafter until paid in full. SECTION 18: PRIOR AGREEMENTS SUPERSEDED This Addendum, together with the Agreement 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 Addendum and the 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. All other terms and conditions set forth in the Agreement, except as modified in this Addendum, will remain in full force and effect for the term of the Agreement itness where 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: _____________________________ By: ______________________________ Crystal Gibson, MMC, City Clerk Lori LaVerriere, City Manager ____ day of _________________, 2020 Approved as to form and legality by Page 620 of 651 {00379799.2 306-9001821} 4 Office of the CITY Attorney By: ________________________________ James A. Cherof, CITY Attorney CONTRACTOR WITNESSES: FLSC, LLC ____________________________ By: __________________________ Signature _____________________________ ________________________________ Print Name and Title Print Name and Title ___ day of _________________, 2020 ___ day of ___________________, 2020 _____________________________ Signature _____________________________ Print Name and Title ___ day of ________________, 2020 STATE OF FLORIDA COUNTY OF _______________ BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared by means of physical presence or online notarization, ______________________ as _________________, of FLSC, LLC., an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of FLSC, LLC., 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 have set my hand and official seal in the State and County aforesaid on this _____ day of ______________, 2020. _________________________________ NOTARY PUBLIC My Commission Expires Page 621 of 651 Page 622 of 651 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 623 of 651 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—FLS C_ForTextile_Recycling_-_Reso.Doc Page 624 of 651 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 391 1 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 625 of 651 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-12th 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 legal 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 CONTRACTOR to undertake any conduct contrary to 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. Advertising shall mean any CITY-approved written communication for the purpose of promoting the City's Textile Recycling Service Program either in 2 Page 626 of 651 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. Applicable 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 Manaaer 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 627 of 651 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 11:59 p.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- 5:00PM 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. Q. 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. §2601, 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 628 of 651 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 629 of 651 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 ("$2000 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 9:00AM- 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 7:00A.M. or after 7:00P.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. Prior to its placement of a Textile 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 630 of 651 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 good 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 631 of 651 SECTION 4: FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees I 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 IDCUURA320SA0 and CUUSA320SA0) 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 d rives. 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 632 of 651 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 ail 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 633 of 651 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 endorsement(s) 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 I 0 19 0 I 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 Holder address shall read: City of Boynton Beach HR Risk Manager P.O. Box 310 10 Page 634 of 651 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 by the 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 635 of 651 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 otherwise 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 636 of 651 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 1 Page 637 of 651 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 638 of 651 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: REOUISITE FORMALITY OF FUTURE MODIFICATIONS. ETC. 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 639 of 651 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 640 of 651 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 61 1 1 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: 4 f-1 04)BY --- rcam- ;ae4) Judi A. Pyle, CM , City Clerk Lori LaVerriere, City Manager fl day of ar-Sth 2018 Approved a. to f+ and legality by Office of e CI attorney By: -- Ja es A. Ch rof Attorney 17 e Page 641 of 651 CON ACTOR WITNESSES: FLSC, LLC Signature zAv'- fe_C4__Ckti 1"47 ' 4 -• l_ may-, /H /fl n title not Name and Title c Print Name a f d'1-- 2018 V-day of 3----- 2018day S• ature te:// Print Name and Title Zr dayof J `J 2018 STATE OF FLORIDA COUNTY OF PALM BEACH BEFORE ME, an officer duly authorized by law to admi, terloaths and take ack Iedgments, personally appeared 11 ...E as of 5C and organization auth ized to do business 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, Iave set mart nd and official seal in the State a - his - day of 2018. QAMAAU.NAQ1 Notary Pubk-State of FVoriid Commission=GG131t4 My Comm.Expires Nov 29.2021 F-.-:,,' Boded through',atonal Notary Assn. NOTAR PUBLIC My Commission Expires 18 Page 642 of 651 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 1210-18/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\Mierosoft\Windows\Temporary Internet Files\Content.IE5\52FYTEOE\Agreement_W ith_FLSC_For_Textile__Recyciing_-_Reso.Doc Page 643 of 651 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 48 49 Commissioner—Mack McCray 50 51 Commissioner--Justin Katz 52 53 Commissioner—Joe Casello v 54 55 56 VOTE 57 ATTEST: 58 59 60 i} /', 61 Judith . Pyle, CMC • 62 City Clerk 63 64 65 (Corporate Seal) i\UserskStanzionet\Appdata\Local\Microsoft\Windows\Temporary Internet files\Content.IES\TQFSZSNC\Agreement_With_FLSC_For_Textile_Recyclina__-_Reno.Doc Page 644 of 651 Page 645 of 651 Page 646 of 651 Page 647 of 651 13.A. F UTURE A GE ND A I TE MS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Discussion regarding establishing a Racial Equity Task Force - July 7, 2020 Explanation of R equest: 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? G rant Amount: Page 648 of 651 13.B. F UTURE A GE ND A I TE MS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Approval of the Master Plan Modification for the Boy nton Beach Mall - T B D Explanation of R equest: 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? G rant Amount: Page 649 of 651 13.C. F UTURE A GE ND A I TE MS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Provide update on potential sale of the Nic hol's property to Pulte Homes - July 7, 2020. Explanation of R equest: 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? G rant Amount: Page 650 of 651 13.D. F UTURE A GE ND A I TE MS 6/16/2020 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 6/16/2020 Requested Action by Commission: Mayor Grant has requested a discussion on Lake Park's Acc essory Dwelling Unit Ordinance - T B D Explanation of R equest: 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? G rant Amount: Page 651 of 651